Legally Sufficient JA Redacted.pdf

J&A 21-00018

JUSTIFICATION AND APPROVAL

OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

This justification is executed by the Naval Medical Logistics Command (NMLC), Fort Detrick, MD, on behalf of the Navy to meet Naval Ophthalmic Support and Training Activity (NOSTRA) requirements.

2. Description of the action being approved.

This requirement is for a service contract to provide maintenance and support services, for the Defense Optical Fabrication Enterprise Management System (DOFEMS) manufactured by Optical Lab Software Solutions, Inc. (OLSS) located at the Naval Ophthalmic and Training Support Activity (NOSTRA), Yorktown, VA and nine other Navy labs (ten labs total) located in the Continental United States (CONUS) and Outside the Continental United States (OCONUS). The sites are:

Camp Lejeune, North Carolina Great Lakes, Illinois, (FHCC Lovell) Mayport, Florida Parris Island, South Carolina Quantico, Virginia Yokosuka, Japan Bremerton, Washington San Diego, California Camp Pendleton, California.

The Government intends on awarding a Firm, Fixed-Price (FFP) contract. The proposed awardee is Optical Lab Software Solutions, Inc., 13515 N. Stemmons Freeway, Dallas, TX 75234-5765.

3. A description of the supplies or services.

The Naval Medical Logistics Command has a requirement for maintenance and support services for NOSTRA. The maintenance and support services contract shall provide software maintenance, technical support services, and cyber security maintenance of the system per Department of Defense (DoD) and Defense Health Agency (DHA) guidance’s and Risk Management Framework (RMF) for the Lab Management System (LMS) and all associated software packaged to operate with or in support of the product known to the government as DOFEMS as well as web services between the government’s Spectacle Request Transmission System (SRTS) order entry system to ensure the DoD Optical Fabrication Enterprise maintains operational readiness to its beneficiaries.

The vendor shall be an Original Equipment Manufacturer (OEM) authorized dealer, authorized distributor, or authorized reseller for the proposed equipment, such that OEM warranty and service are provided and maintained by the OEM. All software licensing, warranty, and service associated with the equipment shall be in accordance with the OEM terms and conditions.

J&A 21-00018

4. Statutory authority permitting other than full and open competition.

The statutory exception permitting other than full and open competition for this acquisition is 41 U.S.C.

1901. See also FAR 13.501(a) Sole source (including brand name) acquisitions.

5. Rationale justifying use of cited authority.

Market research was conducted during the March 2021 time frame. Three potential sources were reviewed to determine if they had the capability of meeting the requirements of the Government. The first vendor, Optivision, Inc. (CAGE Code: 4XQY7) is not qualified to provide services as outlined in this document due to the proprietary nature of DOFEMS. The second vendor, CC Systems (No CAGE Code) is also not qualified to provide services as outlined in this document due to the proprietary nature of DOFEMS. The third source, Optical Lab Software Systems, Inc. (CAGE Code: 3R8E4) is the only qualified source that can continue to provide existing maintenance and extended support services of DOFEMS software and hardware at the ten labs. Given the proprietary nature of the software and the operating system, Optical Lab Software Solutions Inc. is the only vendor with rights to change the software code and the necessary knowledge, experience and staff to maintain services currently provided.

No sources other than OLSS can satisfy this need given the proprietary nature of the system.

Optical Lab Software Solutions, Inc. is the OEM of the system and no other entity is qualified to service the system; therefore, Optical Lab Software Solutions, Inc. is the only source that can provide the existing maintenance and extended support services of the DOFEMs Lab software at the labs Given the proprietary nature of the software and the operating system, Optical Lab Software Solutions Inc. is the only vendor with rights to change the software code and the necessary knowledge, experience and staff to maintain services currently provided. No sources other than the manufacturer can satisfy this need given the proprietary nature of the system. Optical Lab Software Solutions, Inc. is the only known source that is able to meet the requirements of the Government. This proprietary nature of the software prohibits any non-OEM vendor from administratively and programmatically managing the current system.

Without a functioning LMS in place NOSTRA would cease optical fabrication operations and the time and expense to outsource this work would cost the Government at a minimum $680,000 per month as well as cause probable delays providing patient care and negatively impact the Navy’s mission readiness.

OLSS is the only source capable of providing the necessary maintenance to keep the system running optimally.

6. Description of efforts made to solicit offers from as many offerors as practicable.

Market research was performed and the results are in paragraph 5. A notice of intent was posted beta.sam.gov on 15 April 2021. No responses or potential interest was received by the due date, 22 April 2021. This requirement will be posted to FedBizOpps in accordance with FAR 5.202.

7. Determination of fair and reasonable cost.

The Contracting Officer has determined the anticipated cost to the Government of the supplies/services covered by this J&A will be fair and reasonable.

8. Actions to remove barriers to future competition.

Future requirements will be synopsized in accordance with FAR 5.203. For the reasons set forth in Paragraph 5, Naval Medical Logistics Command has no plans at this time to compete future contacts for the types of supplies/services covered by this document. If another potential source emerges, NMLC will assess whether competition for future requirements is feasible.

Certifications and Approvals (see next page)