JA - redacted final.pdf

VA-26-00008027

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 [ ] Modification No.

[ ] Purchase Card

Purchase Order will be:

[ X ] Firm Fixed Price [ ] Cost Type Contract:

[ ] Time and Materials [ ] Other (Specify):

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): __ Other Information (e.g. if a combination of supplies and services explain here):

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:

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.

VA-26-00008027

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.

[ ] The sources proposed above are the only sources that can meet the urgent requirements for the reasons given above. Procurement data does not include any unnecessary requirements that may inhibit competition.

7. Actions to Increase Competition.

[ ] A competitive technical data package (TDP) is being prepared by (enter name of responsible party). It will not be available for this procurement; however, it is forecast to be available by _______________.

[ ] The solicitation will contain requirements for the acquisition of a competitive TDP that will allow for future full and open 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 ] Market research consisted of the following:

Market research was conducted in July 2025 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.

[ ] No other source has expressed written interest in supplying this item.