Justification FAR 16 Exception ATT Posting.pdf

Effective Date: 03/15/2023 Revision: 02

PROPOSED SOLE SOURCE DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval

For Exception to Fair Opportunity Memo

Acquisition Plan Action ID: _36C261-24-AP-2180_

1. Contracting Activity: Department of Veterans Affairs, Department of Veterans Affairs, Veterans Health Administration, Regional Procurement Office West, Network Contracting Office 21 on behalf of Central California VA Health Care System (CCHCS).

PR Number: 570-24-2-458-0080.

2. Description of Action: The proposed sole source task order against IDIQ Chief Information Officer – Commodities and Solutions (CIO-CS) Contract (HHSN316201500003W) is for a base award for the installation of a live signage, video on demand, wayfinding, and live clinic utilization tracking system at the new Visalia CBOC located at 500 N. Santa Fe Ave., Visalia, CA 93292. The requirement includes the licensing and tele-support for the design and programming software to support system.

Order against: Contract Number: HHSN316201500003W Name of Proposed Contractor: AT&T Corp.

Street Address: 3303 Chain Bridge RD City, State, Zip: Vienna, Virginia, 22185

3. Description of Supplies or Services: The proposed action is to provide the new CBOC in Visalia an AT&T proprietary designed and coded air gap network that supports wayfinding, live signage, video-on-demand patient education, and active clinic utilization tracking. The design and hardware installation of the system were procured under the Tenant Improvement costs for the clinic construction. This requirement is for the service contract to provide the licensing and support services for the current system. The proprietary design of this system uses AT&T’s content integration and scheduling software.

There are no costs associated with design, construction, or hardware installation, as those were covered under the Tenant Improvement (TI) of the related lease. This contract will cover the IT support services of AT&T for items such as scheduling software usage, data storage, wayfinding licensing, dedicated internet, customer support, and training services for VA staff.

4. Statutory Authority: The statutory authority permitting an exception to fair opportunity is Section 41 U.S.C. 4106(c) as implemented by the Federal Acquisition Regulation (FAR) 16.505(b)(2)(i):

( ) FAR 16.505(b)(2)(i)(A): The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

Effective Date: 03/15/2023 Revision: 02

(X) FAR 16.505(b)(2)(i)(B): Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

( ) FAR 16.505(b)(2)(i)(C): The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

( ) FAR 16.505(b)(2)(i)(D): It is necessary to place an order to satisfy a minimum guarantee.

( ) FAR 16.505(b)(2)(i)(E): For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source”.

The statutory authority permitting an exception to fair opportunity for this action is 38 U.S.C.

8127(c), known as the Veterans First Contracting Program which provides the authority to directly contract with a Service-Disabled Veteran-Owned Small Business (SDVOSB) or a Veteran-Owned Small Business (VOSB).

5. Rationale Supporting Use of Authority Cited Above: A Sources Sought notice was posted on 05/15/2024, and no vendors identified themselves as able to provide the requested services. Further, the AT&T representative responded to the Sources Sought, stating they are the only vendor distributing the requested service that is considered as the proprietary data that is owned and registered under the tradename AT&T GVS (a.k.a.

Display 5, the technology partner).

Display 5 is AT&T programming software that allows for integrating content from multiple sources and the design capability to ensure that all content conforms to VA requirements. AT&T Display 5 integration and scheduling software allows for the integration of content and the creation of programmatic scheduling. The software incorporates real-time data inputs from door panels for active clinic tracking displayed at terminal board locations in central areas. Allows for the display of interactive patient wayfinding at touch screen kiosks throughout the clinic and QR code generation to enable the same wayfinding utilization on mobile devices. This system allows patient education from VA-developed sources to be available in every exam room.

AT&T uniquely developed this system to serve the building footprint and the VA's needs using its proprietary software. The service required by the government is unique to AT&T, and only they can meet the government's needs. No other system is compatible with the currently installed hardware. This system was uniquely developed to serve the VA's needs using AT&T proprietary software.

6. If this is a Brand Name Justification: The current system, developed and installed during the construction of the lease tenant improvements, requires AT&T's proprietary software, Display 5, to integrate room usage, live signage, patient education, and wayfinding. All end-point devices communicate to an on-site server that creates an air gap network, ensuring the highest form of network security.

7. Efforts to Obtain Competition: A sources sought notice was released on May 15, 2024, and no responses were received except from AT&T. AT&T representative emailed on May 21, 2024, stating they are the only authorized distributor of the requested services as its