NNG15SD70B 36C10B24F0379.docx

SUBJECT*

508 - Enterprise Dragon Contract (New) (VA-24-00074750)

GENERAL INFORMATION

SOLICITATION NUMBER*

Technology Acquisition Center

23 Christopher Way Eatontown NJ 07724

POINT OF CONTACT*

Contract Specialist Harold Nice Harold.Nice@va.gov

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

Special Notice Special Notice

DESCRIPTION

Special Notice

JUSTIFICATIONFORANEXCEPTIONTOFAIROPPORTUNITY

1. ContractingActivity: DepartmentofVeteransAffairs(VA) OfficeofProcurement,Acquisition,andLogistics Technology Acquisition Center 23ChristopherWay Eatontown, NJ07724

2. DescriptionofAction:

Theproposedactionisforafirm-fixedpriceDeliveryOrder(DO)thatwillbeissued under the National Aeronautics and Space Administration (NASA) Solutions for an Enterprise-Wide Procurement (SEWP) V Government-Wide Acquisition Contract (GWAC) for Nuance Dragon Naturally Speaking (Professional Edition) software maintenance, help desk support services, training, and scripting.

3. DescriptionoftheSuppliesorServices:

The Department of Veterans Affairs, Office of Information & Technology (OI&T), EnterpriseProgramManagementOffice,508ComplianceOfficehasarequirementfor the procurement of the following Brand Name Nuance Dragon Naturally Speaking (Professional Edition) software products: 2000 Nuance Dragon Naturally Speaking (Professional Edition) Group licenses are being requested as this product is used throughout the VA in a reasonable accommodation setting. The previous contract ceiling for a local contract of 45 licenses was met quickly, and now there are no more licenses available for users who have a critical need for this voice to text capability.

Serviceswillalsoincludemaintenanceupgradesandhelpdesksupportforthelicenses. The required support services for Dragon Naturally Speaking (Professional Edition) licenses and software products shall provide VA with software upgrades and updates to software products, which shall provide three primary areas of functionality: dictation, text-to-speech, and command input. The user shall be able to dictate and have speech transcribed as written text, have a document synthesized as an audio stream, or issue commands that are recognized as such by the program. Additionally, On-Demand scripting and training shall be included.

VA’s requirement is to obtain Dragon Software inclusive of renewals and new licenses. Dragon Software allows users the flexibility to work hands-free to turn spoken wordsinto text and voice commands into action so the user does not have to worry about the mechanics of typing and spelling. In addition, voice profiles can be accessed through differentcomputersinanetworkedenvironment,allowinginteractionwithacomputerby voice.Thesoftwareturnsspokenwordsintotextandvoicecommandsintoactionsothe user does not have to worry about the mechanics of typing and spelling. The software shall allow creation of custom commands to control programs or functions. Additionally, the tool shall be used to ensure that applications developed, used, maintained, or procured by the VA can be utilized by disabled VA employees. The server software that Dragon Profess i onal Software Con t rol Numbers V A-24- 00074750 is required will be monitored to track the number licenses being used. The software maintenance, including upgrades and updates, is necessary for ensuring that all VA products are accessible in accordance with the requirements set forth in Section 508 of theRehabilitationAct(29U.S.C.§794d),asamendedbytheWorkforceInvestmentAct of 1998 (P.L. 105-220), August 7, 1998.

Software patches and updated email alerts shall be sent to VA within 48 hours of availability.Theperiodofperformanceshallbeone(1)12-monthbaseperiodandtwo

(2) 12-month option periods. The total estimated value of the proposed action isptions are being used to reduce the duplication of time and cost to onanasneededbasisasthiswillallowfortheemployeestoreceive servicesinareasonabletimeframe.

4. StatutoryAuthority:

ThestatutoryauthoritypermittinganexceptiontofairopportunityisSection41U.S.C. 4106(c)(2) as implemented by the Federal Acquisition Regulation (FAR) 16.505(b)(2)(i)(B), entitled “Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.”

5. RationaleSupportingUseofAuthorityCitedAbove:

Nuance Dragon Naturally Speaking (Professional Edition) software provides dictation, text-to-speech,andcommandinputfunctionality.DragonNaturallySpeakingsoftwareis the only known software capable of direct manipulation of the keyboard or mouse. This product delivers up to 99% speech recognition accuracy, allowing the user to speak naturally at normal speeds and the words appear on the computer screen almost instantly, enabling users to dictate documents up to three times faster than they can type. Moreover, this software allows creation of custom commands to control programs or function. The enterprise-ready speech recognition permits users to dictate and edit documents and emails, spreadsheets, and presentation, send email, search the Web, and automate business processes with unparalleled speed, ease, and comfort. The software includes a minimal user interface, which allows the user to work hands-free to turn spoken words into text and voice commands into action, and only Dragon Professionalsoftwareallowsausertostoreacustomdictionaryofwordsorcorrections. Furthermore, Nuance Dragon Naturally Speaking Professional is the only source of the server software that is required.Based on the market research, the Government anticipates limited competition among resellers for the required Nuance Dragon Naturally Speaking (Professional Edition) server software, licenses, and associated maintenance and support services to track the number of licenses being used. Basedon the above analysis, only Nuance or its authorized resellers can meet the VA’srequirements.

This software will support the reasonable accommodations of federal employees that need voice to text support due to their disabilities whether temporary or permanent. Thefederalemployeewouldbeunabletocompletetheirjobinsupportingtheveteran without this tool.

6. Effortsto ObtainCompetition:

Market research was conducted, details of which are in section 8 of this justification. This effort did not yield any additional sources that can meet the Government’s requirements. However, the undersigned VA technical representative determined that limited competition is available among authorized resellers for Nuance Dragon software licenses.InaccordancewithFAR16.505(a)(4)(iii)(A)(1),thisjustificationwillbeprovided with the solicitation to all appropriate NASA SEWP V GWAC holders. Furthermore, in accordance with FAR 5.301, 16.505(b)(2)(ii)(D), and 16.505(a)(4)(iii), the award notice for this action will be synopsized on the Contract Opportunities website and this justification will be made publicly available within 14 days of award.

7. ActionstoIncreaseCompetition:

TheGovernmentwillcontinuetoconductmarketresearchtoascertainifthereare changes in the marketplace that would enable future actions to be competed.

8. MarketResearch:

The Government’s technical experts conducted market research by reviewing other similar products, such as Microsoft Windows, FreeSR, Tazti, Braina and maintenance associatedwiththeseproducts.BrainarequirestheuseofanAndroidapptoconnectto the personal computer (PC) via Bluetooth. Tazti offers a tool that only allows the control of PC games and does not allow direct manipulation of the keyboard or mouse, making it unsuitable for use in a professional environment. SuperNova, and Windows Magnifier areopen-sourceproductsandnotapprovedforusewithinVA.Theresultsofthemarket research conducted for similar products indicates that no other brand name software can meet all of VA’s needs.

DuetotheproprietarynatureoftheNuanceDragonNaturallySpeakingProfessional software, only Nuance or its authorized resellers can provide the required software maintenance,supportservicesandlicenses.Anyothersourcewouldneedaccessto the Nuance proprietary data to provide the required support services and ensure the software is properly maintained and updated. . Based on the above analysis, only Nuance or its authorized resellers can meet the VA’s requirements.

Additional Market Research was conducted by the Contract Specialist. The Contract Specialist utilized the National Aeronautics and Space Administration (NASA) Solutions for Enterprise-Wide Procurement (SEWP) Provider Lookup Tool. A total of 53 “alias” of thebrandname“Nuance”wereidentifiedundergroupsB-SandC.Atotalof73contract holderswithmorethan7,000productswereidentifiedunderthe“Nuance”brandname. As a result, there is a reasonable expectation that limited competition exists on the NASA SEWP V GWAC for the brand name Nuance.

Based on the results of the market research and to promote award opportunity for SDVOSBconcerns,thesubjectsolicitationwillbeissuedforconsiderationofquotes only from verified SDVOSB NASA SEWP V GWAC holders under the Value-Added Reseller NAICS code 541519. The Veterans Small Business Certification (VetCert) database will be utilized to verify the eligibility status of each offeror as a verified SDVOSB prior to evaluation of quotes.

9. Other Facts:N/A

1a.Technical/RequirementsCertification

Icertifythatthesupporting data under mycognizance,whichareincludedinthis justification,are accurate and complete tothebestof myknowledge andbelief.

CHET

FRITH

)Digitally signed byCHETFRITHDate: 2024.08.2711:50:57

11. FairandReasonableCostDetermination

Ihereby determinethattheanticipated pricetotheGovernment forthiscontract actionwillbefairandreasonable becauseNASASEWPGWACpriceshavepreviously been determined fair and reasonable.Additionally,price competition is expected among authorized resellers for this action.Additional price analysiswill beperformed by comparingthesuccessful quote to the Independent GovernmentCostEstimate.

MATTHEW NEWELL

DigitallysignedbyMATTHEWNEWELL Date:2024.08.2711:55:06-04'00'

Page 1 of

MatthewNewell,ContractingOfficer Date

12. ContractingOfficerCertification/Approval

Icertifythatthisjustificationis accurateandcompletetothebestofmyknowledge andbelief.

MATTHEW NEWELL

DigitallysignedbyMATTHEWNEWELL Date:2024.08.2808:51:03-04'00'

MatthewNewell,ContractingOfficer Date

Approval

In my role as procuring activity Advocate for Competition, based on the foregoing justification, I hereby approve the acquisition of Nuance Dragon Naturally Speaking (ProfessionalEdition)softwaremaintenance,supportservices,training,andscriptingon an other than fair opportunity basis pursuant to the authority cited in Section 4 above, and provided that the property and services herein described have otherwise been authorized for acquisition.

JASON

BULLEN

BULLEN

Digitally signed by

JASON

Date:

2024.08.28 10:11:22 04'00' )8/28/24 JasonBullen Date Advocate for Competition TechnologyAcquisitionCenter OfficeofProcurement,Acquisition,andLogistics Department of Veterans Affairs