36C24820Q0753-008.pdf

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

36C248-20-AP-1663

OFOC SOP Revision 09 Page 1 of 4 Original Date: 03/22/11 Revision 09 Date: 04/17/2020

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C248-20-AP-1663

1. Contracting Activity: Department of Veterans Affairs, VISN 08, James A. Haley Veterans Hospital

(JAHVH), Bay Pines (VAMC), West Palm Beach VA Medical Center, Orlando VA Medical Center, North

Florida/South Georgia Veterans Health System and VA Caribbean Healthcare System (Puerto Rico).

Reference obligation# (2237) 516-20-2-083-0032.

2. Nature and/or Description of the Action Being Processed: This is a Firm-Fixed-Price (FFP) request for Other Than Full and Open competition for the sole source procurement of Hi-IQ software package manufactured by ConexSys Inc., a large business.

FAR13.5 Simplified Procedures for Certain Commercial Items: This procurement is for Hi-IQ comprehensive interventional radiology software and license in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items and specifically FAR 13.501 Special Documentation Requirements, where acquisitions conducted under Simplified Acquisition Procedures are exempt from the requirements of FAR Part 6, but still require a justification using the format of FAR 6.303-2.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: Hi-IQ is a comprehensive interventional radiology software and license that includes subscription software modules, quality assurance, patient room view, tracking, inventory management and licenses.

The proposed total contract value is estimated at $1,059,012.25 for base year (12 MO) and four-year

(4) (12 MO) option years. Period of performance:

Base Year: 01 June 2020 thru 31 May 2021, estimated at $199,470.00 Option Year One: 01 June 2021 thru 31 May 2022, estimated at $205,453.89 Option Year Two: 01 June 2022 thru 31 May 2023, estimated at $211,617.51 Option Year Three: 01 June 2023 thru 31 May 2024, estimated at $217,966.03 Option Year Four: 01 June 2024 thru 31 May 2025, estimated at $224,505.02

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;

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5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): ConexSys Inc.. is the sole proprietor and developer of the HI- IQ Interventional Radiology System software and does not distribute or market to vendors. ConexSys Inc.. software provides quality assurance, room view/patient tracking, and inventory management modules. ConexSys Inc.. is the manufacturer of the software program and the only source that can provide the required proprietary software and service that will not void or modify any original manufacturer’s requirements on the government owned equipment . HI-IQ is to be used for Interventional Radiology Departments to be able to retrieve sufficient X-Rays from the Veterans Integrated System Technology Architecture (VISTA) and provide bi-directional inventory management. Hi-IQ is a comprehensive interventional radiology software and license package that is offered by ConexSys Inc.. that is exclusively designed for use in Interventional Radiology and is exclusively endorsed by the Society of Interventional Radiology. Hi- IQ is a cohesive, integrated system that manages QA, inventory and scheduling simultaneously. The software provides modules which is used to train appropriate VISN 8 sites staff on the proper use of the current version of an inventory management software package and subscription in the Interventional Radiology Sections of all VISN 8 Interventional Radiology Departments.

ConexSys Inc. Hi-IQ is approved by VA and integrates with both CPRS and VISTA. This software is also approved by Office of Information and Technology OI&T for operation on Veterans Administration equipment. Accordingly, ConexSys Inc.. is the only firm capable of providing the subscription described in Section 3 above without the Veteran’s Health Administration experiencing substantial duplication of cost that could not be expected to be recovered through competition and cause an unduly delay in patient support.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable A Sources Sought Notice was posted on FBO on 3/04/2020 to identify potential

Service Disabled Veteran Owned Small Business (SDVOSB) Veteran Owned Small Business (VOSB) and Small Business (SB) that has the capability to provide Interventional Radiology software and licenses. No vendors were found to be capable of providing the software or license in support required for the government owned equipment. Vendor Information Pages (VIP) was also searched for available SDVOSB/VOSB, GSA and email sources sought was sent to over 200 vendors under

NAICS 511210. No vendors were found to be capable of providing the software or license in support of the government owned equipment and ConexSys Inc.. does not provide partnership for distributors of the product. ConexSys Inc.., Heather Nogueira, was contacted and provided written notification that the company does not have authorized distributors of the Hi-IQ software and license.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and

Reasonable: A fair and reasonable price will be based upon similar licenses and software in the market provided by similar companies in the industry.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Market research conducted via VIP, GSA, FBO sources sought posting which did not produce any sources capable of meeting the governments requirement.

ConexSys Inc. is the sole manufacture of this type of radiology software package that is designed

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OFOC SOP Revision 09 Page 3 of 4 Original Date: 03/22/11 Revision 09 Date: 04/17/2020 specifically for use in interventional radiology that manages QA, inventory and scheduling simultaneously.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: : ConexSys Inc. Hi- IQ software is approved by VA and integrates with CPRS and VISTA. This software is also approved by Office of Information and Technology OI&T. Additionally, ConexSys Inc. is the only vendor that can provide VISN 8 with the follow-on annual renewal of HI-IQ software and license required to current and integrate with government equipment and radiology service.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: ConexSys Inc.

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: The

Contracting activity will continue to encourage brand name or equivalent specifications. We will continue to monitor new software products introduced in interventional radiology in order to identify systems that may meet our specialized needs at a lower cost. A notice of intent to sole source will be posted for this acquisition. This will allow any other vendors that can provide a subscription renewal to Hi-IQ to submit their technical capabilities and be considered.

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.

04/21/2020 Date

Name: Gregory Fogleman Title: VISN 8 Biomedical Engineer Facility: VISN 08

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.

_____________________________ 04/21/2020 Name: Leonora Simmons Date Title: Contracting Officer Facility: 8875 Hidden River Parkway, Tampa, Fl. 33637 http://vaww.pclo.infoshare.va.gov/PMWeb/VHAPM_Part_806.3.aspx

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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: Johnny Jones

04/21/2020 Date

Branch Chief Supervisor, Commodity Facility: 8875 Hidden River Parkway, Tampa, Fl. 33637

c. VHA RPO HCA Review and Approval: I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and recommend approval (if over $68 million) or approve ($700K to $68 million) for other than full and open competition.

Joseph Maletta Date VHA Head of Contracting Activity (HCA)