Limiting Sources Justification.pdf

VHAPM Part 808.405-6 Limiting Sources Attachment 2: Request for Limited Sources Justification >SAT

VHAPM Part 808.405-6 Limiting Sources Page 1 of 4 Original Date: 08/30/2017 Revision 02 Eff Date: 02/21/2020

LIMITED SOURCES JUSTIFICATION

ORDER >SAT

FAR PART 8.405-6

Acquisition Plan Action ID:

(1) Contracting Activity: Department of Veterans Affairs

Network Contracting Office 16 Michael E. DeBakey VA Medical Center (MEDVAMC) 2002 Holcombe Boulevard Houston, TX 77030 2237#: 580-21-1-255-0007

(2) Description of Action: This acquisition is conducted under the authority of the Multiple-

Award Schedule Program (41 U.S.C. 152(3) and 40 U.S.C. 501).

Order against: FSS Contract Number: SPE2D1-19-D-0012

Name of Proposed Contractor: Vital Images, Inc.

Street Address: 5850 Opus Pkwy Ste 300

City, State, Zip: Minnetonka, MN 55343-4411

Phone: 414-403-7509

(3) Description of Supplies or Services: This new requirement is to procure services from Vital Images Inc (VII) to provide software maintenance and license renewal for the government owned Vital Images Vitrea System to include 3rd Party Systems. License and software maintenance support to be procured from the NAC SPE2D1-19-D-0012 include:

VS-VIT-MSOPTIME1TO9-Vital Services, Op Time Warranty, 1 to 9 Each Concurrent User

VS-VIT- MSOPTIME3RDPTY- Op Time Warranty, 3rd Party Product Each License VS-VIT-MSOPTIMEUPG- Vital Services, Op Time Warranty, Upg Pkg > 12 Months

Additionally, the contractor shall provide Original Equipment Manufacturer (OEM) license and software with required updates during the life cycle of this contact. These license and software are proprietary to VII, as they are the sole source provider of these items/services.

The Period of Performance (POP) for this service contract shall be an estimated Base Period of November 1, 2020 through October 31, 2021 plus 4 (four) 1 (one) year Option Periods to be exercised at the discretion of the government.

The estimated value of the proposed action is

VHAPM Part 808.405-6 Limiting Sources Page 2 of 4 Original Date: 08/30/2017 Revision 02 Eff Date: 02/21/2020

(4) Identify the Authority and Supporting Rationale (see below and if applicable, a unique qualifications to provide the required supply or service.

FAR 8.405-6(a)(1)(A): An urgent and compelling need exists and following the ordering procedures would result in unacceptable delays:

FAR 8.405-6(a)(1)(B): Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized.

VII is the OEM capable of providing all required services on this government requirement. VII, as the OEM, possesses immediate access to the required licenses and software maintenance.

The National Acquisition Center (NAC) awarded contract number SPE2D1-19-D-0012

FAR 8.405-6(a)(1)(C): In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order must not have been previously issued under sole source or limited source procedures.

FAR 8.405-6(b): Items peculiar to one manufacturer:

A patent, copyright or proprietary data limits competition. The proprietary data is:

These are eplacem for existing equipment.

The material/service must be compatible in all aspects (form, fit and function) with existing systems presently installed/performing.

(5) Describe Why You Believe the Order Represents the Best Value consistent with FAR 8.404(d) to aid the contracting officer in making this best value determination: The equipment systems in this requirement are used daily in providing rapid turnaround in critical patient imaging information and care. The potential for downtime can cause procedures to be rescheduled which are costly to the medical center as well as potentially detrimental to the patients. The Vital Images Vitrea System is a highly specialized system which requires

VHAPM Part 808.405-6 Limiting Sources Page 3 of 4 Original Date: 08/30/2017 Revision 02 Eff Date: 02/21/2020 specialized software maintenance and licenses. VII possess all copyrights to their software and access to the necessary licenses to maintain and enhance the system.

Without VII software maintenance and license, VHA will ultimately experience application performance problems within the system. To mitigate this risk, the Government will need to award the resultant contract to the OEM.

(6) Describe the Market Research Conducted among schedule holders and the results or a statement of the reason market research was not conducted. Contracting Officer Posted NOI - 36C25621Q0031 on 9/16/2020 on Contracting Opportunities. Returning zero interest from other companies. Contracting Officer in addition, forward the Notice of Intent (NOI) to various SDVOSBs and VOSB on 09/21/2020 from the VIP search results. CO VIP search under NAICS 511210 returned 432 potentials. However, no SDVOSB, VOSB submitted an interest in the requirement.

(7) Any Other Facts Supporting the Justification: None

(8) A Statement of the Actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made: The Contracting Officer will continue to execute due diligence in seeking contractors with the capability and validation.

(9) 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. I understand that processing of this limited sources justification restricts consideration of Federal Supply Schedule contractors to fewer than the number required by FAR Subpart 8.4.

Rikesha George Nguyen Date Biomedical Engineer Michael E. DeBakey VA Medical Center

(10) Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

a. Contracting Office (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Anthony Marion Date Contracting Officer

VHAPM Part 808.405-6 Limiting Sources Page 4 of 4 Original Date: 08/30/2017 Revision 02 Eff Date: 02/21/2020

Network Contracting Office (NCO) 16

b. One Level Above the Contracting Officer (Required over the SAT but not exceeding $700K): I certify the justification meets requirements for other than full and open competition.

Le Kisha A. Douglas Date Branch Chief Network Contracting Office (NCO) 16