P03 FAR 13 Sole Source Justification OVER SAT BC signed.pdf

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 1 of 3 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: 36C263-24-AP-4886

1. Contracting Activity: Department of Veterans Affairs, Network 23 Contracting Office, 113

Comanche Road, Fort Meade, SD 57741 and Veterans Integrated Service Network (VISN) 23 Biomedical Engineering Office, 2805 Dodd Road, Suite 250, Eagan, MN 55121 are requesting a justification for other than full and open competition for a service contract for the VISN 23 HL7 Engine. The purchase request for this project is 499-25-1-6765-0015.

2. Description of the Action Being Processed: This acquisition is conducted under the authority of the Multiple-Award Schedule Program (41 U.S.C. 152(3) and 40 U.S.C. 501).

The action being reviewed and approved is a sole source procurement of annual maintenance/service and technical support for the CorePoint Health HL7 Engine software.

The past base+4 year service contract with Corepoint was 36C26320N0248. This will be awarded as a new firm-fixed-price contract.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The estimated value of the proposed action is $67,525.50 base year, $337,627.50 with four option years.

The proposed action is to be provide 24/7 technical phone support for the CorePoint HL7 Engine Software installed at the Omaha VA Health Care System in VISN 23.

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): Only one source

OFOC SOP Revision 10 Page 2 of 3 Original Date: 03/22/11 Revision 10 Date: 09/10/2020 is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized; The software has previously been furnished by CorePoint Health. No other company besides CorePoint would be able to provide the software updates, upgrades, and technical support necessary for the CorePoint Health HL7 Engine software installed in VISN 23 and these services are essential for the ongoing maintenance and usage of the HL7 Engine. Accordingly, CorePoint Health is the only firm capable of providing the services described in Section III above without the Veteran’s Health Administration experiencing substantial duplication of cost that could not be expected to be recovered through competition and unacceptable delays in fulfilling its requirements. A letter on Corepoint letterhead stating that this software is proprietary to Corepoint, Corepoint does not authorize any resellers, and no other contractor has the ability to provide the services listed in this SOW is attached.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: An RFI Intent to sole source was posted to SAM.gov on 10/03/24 and closed on 10/07/24 resulted in zero responses. Market Research conducted found that Corepoint Health, LLC has the proprietary software CorePoint HL7 Engine Software and are the only company licensed to sell the software. With the proprietary nature of the software, no other company would be able to satisfy our needs for software updates and support.

7. Description of the Market Research Conducted and the Results, or a Statement of the

Reasons Market Research Was Not Conducted: An RFI Intent to sole source was posted to SAM.gov on 10/03/24 and closed on 10/07/24 resulted in zero responses. Market Research conducted found that Corepoint Health, LLC has the proprietary software CorePoint HL7 Engine Software and are the only company licensed to sell the software. With the proprietary nature of the software, no other company would be able to satisfy our needs for software updates and support.

8. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: The only company available to provide the needed software is Corepoint Health, LLC doing business as Rhapsody.

9. 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.

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

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

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.

Scott Morrison Contracting Officer

NCO 23

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.

Chara Collins 10/09/24 NCO 23 Division Chief

SCOTT MORRISON

Digitally signed by SCOTT

MORRISON

Date: 2024.10.09 11:26:35 -05'00'