36C25219C0081-000.docx

FedBizOpps Award Notice

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* = Required Field FedBizOpps Award Notice Rev. March 2010 J Proprietary Software Maintenance Contract on Provation equipment located at the Jesse Brown VAMC.

53214-1476 36C25219Q0282 N 811219 Department of Veterans Affairs Great Lakes Acquisition Center (GLAC) 115 S 84th Street, Suite 101 Milwaukee WI 53214-1476 Kristine.Sutton@va.gov 36C25219C0081 $28,339.00 04-01-2019

PROVATION MEDICAL, INC.

009545554

800 WASHINGTON AVE N STE 400

MINNEAPOLIS

MN

55401

DEPARTMENT OF VETERANS AFFAIRS

Justification for Single Source Awards IAW FAR 13.106-1 For Over Micro-Purchase Threshold but Not Exceeding the SAT ($250K)

1. Contracting Activity: Department of Veterans Affairs, VISN 12, Great Lakes Acquisition Center (GLAC), 115 South 84th Street, Suite 101, Milwaukee, Wisconsin 53214-1476 on behalf of the Jesse Brown VA Medical Center, 2030 West Taylor, Chicago, IL 60612-4223.

2. Brief Description of Services required and Estimated Amount: The two pieces of equipment located at Jesse Brown VAMC, GI and Pulmonary departments require software updates on current equipment for a base year and four (4) one-year option year periods. The required software upgrades are required to keep equipment working at OEM specifications.

3. Unique characteristics that limit availability to only one source, with the reason no other supplies or services can be used: Provation is the only vendor capable of providing a software maintenance contract for the Provation software currently installed at the Jesse Brown VA Medical Center. Presently, Provation has no resellers of its product or software updates.

4. Description of market research conducted and results or statement why it was not conducted: Market Research, in accordance with FAR Part 10, was conducted by synopsis of the proposed acquisition, advising industry of the pending acquisition and responding to inquiries from interested parties. It has been determined that the requested service is available from only one source, Provation. Searches on VetBiz.gov have yielded no responsible sources for the required services. As stated below a Sources Sought and a Special Notice, Intent to Sole Source was published providing an opportunity to responsible sources to respond. To date, no companies have contested this published notice of intent to utilize other than full and open competition procedures. The following Market Research was conducted also:

Results from VIP Query: Produced several companies that provide software but only the OEM can provide proprietary software updates. Therefore, the Contracting Officer does not have a reasonable expectation of two or more eligible SDVOSB or VOSB vendors, so the Rule of Two does not apply to this requirement.

FBO – Sources Sought – Was posted and provided Three vendors. (1) Utech Products Inc. DBA EndoSoft LLC., marketing material indicated that all the current equipment at the Jesse Brown VAMC would need to be replaced. This is not the requirement of this procurement. Company was contacted, and informed equipment is not being replaced at this time. (2) Electra-Med Corporation, sent an email stating, “We do not do anything with the software.” Company was contacted and informed this is for software updates. (3) Provation provided a statement that they are the only vendor capable of providing a software maintenance contract on Provation equipment installed at the Jesse Brown VAMC.

FBO – Intent to Sole Source – After market research was completed it was confirmed that Provation is the only vendor capable of providing a software maintenance contract for the Provation software currently installed at the Jesse Brown VAMC. Currently Provation has no resellers of its products or software upgrades. Therefore, an Intent to Sole Source was posted with NO responses received and supports no other sources are able or fully qualified to provide the required services under this procurement.

Past Performance – This service has been previously provided only by the OEM and also was done as a sole source. Work history has been acceptable.

The contracting activity is advocating an open – market sole source award be made under the authority of 41 U.S.C. 1901 Simplified Acquisition Procedures as implemented in FAR 13.501 only one source available. This equipment is critical for patient care and is used to perform routine and emergency clinical diagnostics. Due to the nature of this equipment and the resultant lack of third party certification for providing software upgrades, Provation is the only source to provide required service.

10 U.S.C. 2304 (c)(1), Only one responsible source is available.