36C24620P1550_1.pdf

Contract Opportunity Justification and Approval Notice

PRODUCT SERVICE CODE *

SUBJECT *

CONTRACTING OFFICE'S *

ZIP-CODE

SOLICITATION NUMBER

DELIVERY/TASK ORDER NUMBER

(Required when using Statutory Authority FAR 6.302-1(c))

BASE NOTICE TYPE

ARCHIVE DAYS AFTER THE POSTING DATE

RECOVERY ACT FUNDS

NAICS CODE *

CONTRACTING OFFICE

ADDRESS

DESCRIPTION See Attachment

POINT OF CONTACT *

(POC Information Automatically Filled from User Profile Unless Entered)

STATUTORY AUTHORITY *

AWARD NUMBER *

(Not required when using Statutory Authority FAR 6.302-1(c))

MODIFICATION NUMBER

AWARD AMOUNT *

LINE ITEM NUMBER

AWARD DATE (MM-DD-YYYY) *

(Not required when using Statutory Authority FAR 6.302-1(c))

AWARDEE NAME *

AWARDEE ADDRESS LINE 1 *

AWARDEE ADDRESS LINE 2 *

AWARDEE ADDRESS LINE 3 *

AWARDEE ADDRESS LINE 4 *

AWARDEE CITY

AWARDEE STATE

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AGENCY'S URL

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AWARD INFORMATION

ADDITIONAL INFORMATION

GENERAL INFORMATION

* = Required Field Contract Opportunity Justification and Approval Notice

D311

Wavemark Equipment Sustainment

28301

36C24620Q1037

36C24620P1550

S

N

511210

Department of Veterans Affairs Network Contracting Office 6 201 Hay Street, Suite 304 Fayetteville NC 28301

Contract Specialist Isaac Hernandez-Cosme Isaac.Hernandez-Cosme@va.gov 910-488-2120 x5862

36C24620P1550

$328,105.00

09-21-2020

WAVEMARK, INC.

300 BAKER AVE STE 207

CONCORD

MA

01742 https://www.va.gov va.gov isaaac.hernandez@va.gov va.gov

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 2: Request for Sole Source Justification Format >SAT

OFOC SOP Revision 10 Page 2 of 4 Original Date: 03/22/11 Revision 10 Date: 09/10/2020

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C246-20-AP-5282

1. Contracting Activity: Department of Veterans Affairs, VISN 06, Asheville, Richmond, and Salem VA Medical Center. PR # 483-20-4-5903-1349

2. Nature and/or Description of the Action Being Processed: For the award of a sole source new requirement utilizing a Firm-Fixed-Price contract vehicle. This contract action will have a period of performance of 1 Year.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: Veterans Integrated Service Network 06 requires a contract for hardware maintenance, software maintenance, interface maintenance, database administrator support services, and support services for all WaveMark Cath Lab inventory management systems located in the network.

This is a request for a VISN-wide service agreement on Cath Lab inventory management systems. This system is used to track the use of Cath lab supplies such as catheters and stents, associating those supplies with patients for product outcomes tracking purposes, for inventory management, for tracking recalls and expiration dates, etc. Each product is assigned an RFID tag which is then associated in the WaveMark system with a product in its Oracle database. As the product is used, it is scanned such that the specific product can be processed in accordance with the functions stated above. The estimated value of the proposed action is $328,105.00.

4. Statutory Authority Permitting Other than Full and Open Competition:

( X ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per 41 USC §3304(a)(1) as implemented by FAR 6.302-1;

( ) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.302-3;

( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302-4 ( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR

6.302-5;

( ) (6) National Security per 41 USC §3304(a)(6) as implemented by FAR 6.302-6;

( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by FAR 6.302-7;

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

A critical portion of the coverage includes services that are proprietary. The Cath lab inventory management system has been developed for use with the WaveMark RFID Smart Cabinets currently used throughout VISN 06 to track Cath Lab supplies. Due to the proprietary nature of this system, no other vendor can provide the required software and database updates necessary for the continued use of the system and the government owned WaveMark cabinets. It would be cost prohibitive to entertain another inventory system which would require the replacement of approxiamately sixty (60) WaveMark RFID Smart Cabinets and associated hardware/software, at an estimated aggregate cost of

OFOC SOP Revision 10 Page 3 of 4 Original Date: 03/22/11 Revision 10 Date: 09/10/2020

$4,313,161.00. Therefore, by FAR 6.302-1, there is only one responsible source that can meet the Government’s requirements.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: This is a proprietary system that has been tailored for Government (VA) Medical Centers, there are currently no other Commercial Off-The-Shelf (COTS) products or service that are available which would meet Government requirements.

Vendor was contacted concerning authorized distributors of the requested product. It was confirmed that in order to support current users on the system, WaveMark support continuously updates a master product database that lists product barcodes and other product data. This data is created and maintained by WaveMark through password access which is controlled by WaveMark. WaveMark owns the code for this product library and does not provide access to that code to other vendors. This back-end support of the users is what enables product tagging and is essential to the smooth functioning of the system. Sources sought was not issued because the CS knows the market through communications with other VISN’s and acquisition history showing only sole source awards. Market research will continue to find competition for future service of the WaveMark system.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: Pricing will be determined Fair & Reasonable based on an analysis of historical pricing and pricing for similar products and services are available in the commercial market place. In addition, negotiations will be held to obtain best possible prices prior to contract award.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: VIP was searched using NAICS code 511210 and keyword search “WaveMark.” This query resulted in no potential SD/VOSB vendors. GSA/eBuy did not possess a vendor for WaveMark Supply Management System nor Enterprise Real Time Location System (EiRTLS) Real Time Location equipment services. NASA SEWP product search did not yield the WaveMark system on a SEWP schedule. Cardinal Health possess GSA contracts V797D-60688 and GS-07F-5873R with none reflecting EirTLS equipment or Services. Cardinal hold patents for various components of the RFID Solution and the WaveMark system that are at Asheville, Richmond, and Salem VAMC’s. Additionally, Cardinal health does not subcontract the procuring service to any other company. This is backed up with FPDS search for WaveMark EiRTLS services all being sole sourced to Cardinal Health.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition:

Additional correspondence from WaveMark Inc. confirmed they hold proprietary software data rights in which they are the sole provider of the service required.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: Not Applicable

11. A Statement of the Actions, if any, the Agency May Take to Remove or Overcome any Barriers to Competition before Making subsequent acquisitions for the supplies or services required: Due to the proprietary nature of this acquisition competition is limited to only one source that are provided proprietary rights. In this case, WaveMark, Inc. is the only

OFOC SOP Revision 10 Page 4 of 4 Original Date: 03/22/11 Revision 10 Date: 09/10/2020 vendor with such rights and the ability to perform. In the future, if other vendors are afforded such rights, barriers for competition will be removed.

12. Requirements Certification: I certify that the requirement outlined in this justification is a Bona Fide Need of the Department of Veterans Affairs and that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief.

Name: King Kwok Date Title: VISN BESS Facility: VISN 06

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

a. Contracting Officer or Designee’s Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Name: Cole Culley Date Title: Contracting Officer Facility: NCO 06

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $700K): I certify the justification meets requirements for other than full and open competition.

Name: Keeshia Newman Date NCO 06 Division 1 Chief

Facility: NCO 06