EndoSoft SSJ_Redacted.pdf

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID:

1. Contracting Activity: Department of Veterans Affairs, Regional Procurement Office East (RPOE), Network Contracting Office 4 (NCO4), provides contracting support for Veterans Integrated Services Network 4 (VISN 04), Lebanon VA Medical Center, 1700 S. Lincoln Avenue, Lebanon, PA 17042.

2. Nature and/or Description of the Action Being Processed:

This is a sole source justification in support of a firm fixed price procurement for EndoSoft software licensing, updates, upgrades, patch notifications, and software support for the EndoSoft system 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 6.303-3. The period of performance includes a one-year base period plus four one-year options.

The total estimated value of the base year is

3. Description of Supplies/Services Required to Meet the Agency’s Needs:

The suggested vendor is: EndoSoft, A Division of UTECH Products, Inc., located 153 Broadway, Schenectady, NY 12305.

EndoSoft/EndoVault applications are currently utilized at LVAMC during gastroenterology and pulmonary endoscopic procedures to capture medical images and video. LVAMC Biomedical Engineering has identified a continued need for a service contract to effectively support the EndoSoft/EndoVault software and equipment within the facility. The support contract is important in ensuring that any potential downtime is limited through the use of immediate emergency assistance from the vendor.

4. Statutory Authority Permitting Restricted Competition:

FAR 13.5 Simplified Procedures for Certain Commercial Items. The statutory authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. § 1901 and is implemented by FAR 13.106-1(b)(2) for restricting competition on this procurement. Competition is restricted on this procurement for the reason below:

(X) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

( ) Unusual and Compelling Urgency ( ) Industrial Mobilization, Engineering, Developmental or Research Capability or

Expert Services ( ) International Agreement ( ) Authorized or Required by Statute ( ) National Security ( ) Public Interest

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

EndoSoft/EndoVault software is a proprietary software owned by UTECH Products, Inc. dba EndoSoft LLC.

UTECH Products, Inc. dba EndoSoft LLC is the only source able to maintain and support the various licensing and hardware aspects of the EndoSoft/EndoVault system. The EndoVault system is currently in use a the LVAMC. A substantial duplication of cost and an unacceptable delay of service to the Government would be incurred if different equipment were to be procured and implemented through competition. Proprietary letter from OEM is uploaded to contract file.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable:

On June 21, 2023, the Contract Specialist posted a special notice to SAM.gov that the Government intends to issue sole source award to UTECH Products, Inc. dba EndoSoft LLC. The sole source announcement closed on June 27, 2023 and no challenges were received.

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

A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted:

Due to the proprietary nature of the EndoSoft/EndoVault software, the Contract Specialist identified only one source, UTECH Products, Inc. dba EndoSoft LLC, with an interest and capability to provide the services required. UTECH Products, Inc. dba EndoSoft LLC currently utilizes GSA FSS schedule GS-35F-096LA for these services.

The Contract Specialist posted a notice of intent to sole source to SAM.gov. No challenges were received.

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

None

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

EndoSoft, A Division of UTECH Products, Inc.

153 Broadway

Schenectady, NY 12305

518-831-8000

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 Government will continue to conduct market research to ascertain if there are changes in the marketplace that would enable future actions to be competed.

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.