Aperta 20200714 Sole Source Just fnal Redacted.pdf

Sole Source Justification Checklist Template_MAY_19_2014

SOLE SOURCE JUSTIFICATION

1. Contracting Activity: Department of Veterans Affairs (VA) Office of Procurement, Acquisition and Logistics Technology Acquisition Center 23 Christopher Way Eatontown, NJ 07724

2. This requirement will be accomplished via:

[ X ] New Purchase Order

Purchase Order will be:

[ X ] Firm Fixed Price

Type of Funds (e.g. Supply Fund, Franchise Fund, IT, etc.):

[ X ] Franchise Fund

3. Description of Supplies or Services.

[ X ] Services -Annual Software Maintenance-

Estimated total cost (including option(s), if any): _____________

4. Authority Cited.

[ X ] FAR 13.106-1(b)(1) For purchases not exceeding the simplified acquisition threshold. Contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available.

[ ] Other FAR Authority _________________

5. Reason for Authority Cited.

[ X ] Explain exclusive licensing agreements:

FY21 Aperta Mainenance

This software is owned by Aperta, INC, to be used with the Smart Source Series and the My Vision X scanners. It can only be serviced and or upgraded by Aperta, INC as only Aperta has access to the proprietary source code required to perform the maintenance services. No other company can provide this service as no other company has access to the proprietary source code required to maintain the software

6. Efforts to Obtain Competition.

[ X ] There is only one responsible source for this item. Efforts made to locate additional sources are described under the “Market Research” paragraph of this document. There is no competition anticipated for this acquisition. Procurement data does not include any unnecessary requirements that may inhibit competition.

7. Actions to Increase Competition.

[ X] Other actions that will be accomplished to increase competition: The Government will continue to survey the market place to see if competition for this requirement is available in the future.

8. Market Research.

[ X ] The market research consisted of the following:

Market research was conducted September 2020 by Government technical experts by reviewing similar software and software maintenance to ascertain if these items could meet the Government’s requirements. Specifically, the Government technical experts conducted internet search to determine if there were other companies available that could meet the Government’s requirements for maintaining the existing Aperta software licenses. Although there are firms that offer similar software licenses, those companies do not have access to Aperta’s proprietary source code. The Government technical experts confirmed that as the source code required to issue the updates is proprietary, Aperta is the only source capable of providing the required maintenance and upgrades for Aperta software. No other firm has the capability of developing and issuing software updates and fixes for Aperta software necessary to support existing Enterprise Operations requirements. The Contract Specialist reviewed product lists on General Services Administation eBuy portal and on the NASA SEWP GWAC to see if there were any resellers of the Aperta maintenance and did not locate any. In addition, the Technology Acquisition Center requested and received a sole source letter from Aperta confirming it is the only source available for this service.

9. Interested Sources.

[ X ] Solicitation covering this procurement will be synopsized in the Federal Business Opportunities Page and any bids/proposals received shall be evaluated.

10. Technical and Requirements Certification. I certify 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.

Preparer

Name: _Jorgeana Williams __________________ Date:

Title: _Budget Analyst ______________________

Signature: _________________________________

11. Determination of Fair and Reasonable Price. I hereby determine that the anticipated price to the Government for this contract action will be fair and reasonbe based on comparison to historical pricing information and the independent government cost estimate.

Name: __David J. Sette______________________ Date:

Title: Procuring Contracting Officer

Signature: _________________________________

12. Procuring Contracting Officer Certification. I certify that this justification is accurate and complete to the best of my knowledge and belief.

Name: __ David J. Sette______________________ Date:

Title: Procuring Contracting Officer

Signature: ___________________________