LSJ - MIM Software Upgrades REDACTED.pdf

LIMITED SOURCES JUSTIFICATION

ORDER >SAT

FAR PART 8.405-6

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. PR #595- 24-3-067-0021.

(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).

The Lebanon VA Medical Center has a sole source requirement for MIM Software upgrades, additional licenses, and software maintenance and support. The Lebanon VA Medical Center PET-CT in Nuclear Medicine currently utilizes MIM Encore and MIM Neuro Add-on Software Licenses to provide diagnostic and therapeutic services to Veterans. Due to expansion of services, Nuclear Medicine leadership has a new requirement for additional 4DM, MIM Encore, MIM SurePlan MRT and MIM Neuro add-on license to the existing MIM Software Suite. The additional licenses are needed for the Lebanon VA Medical Center medical professionals for providing neurological scans.

Order against: FSS Contract Number: GS-35F-425CA

Name of Proposed Contractor: MIM Software, Inc.

Street Address: 25800 Science Park Drive, Suite 180

City, State, Zip: Beachwood, OH 44122-7311

Phone: 216-455-6096

(3) Description of Supplies or Services:

The total estimated value of the proposed action is , to include a one-year base period and four one-year option periods. The total estimated value of the base period is $264,184.50.

QTY Item Code Description

2 MIM-EN-CC MIM Encore – Single User, Concurrent License

2 MIM-SM-CC MIM SurePlan MRT – Single User, Concurrent (floating) License

1 MIM-SSSTSU MIM Storage Server License – The Assistant, Software License Only

2 MIM-NP-AD MIMneuro Add-on – Single User (License must be added to an existing License)

2 4DM Invia 4DM Premium (SPECT+PET+Hybrid CT+MFR) – Single User, Concurrent License

(4) Identify the Authority and Supporting Rationale (see below and if applicable, a demonstration of the proposed contractor’s 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; MIM Software Inc. is the sole manufacturer of MIM Software medical device software. MIM Software develops and manufactures the software exclusively in-house and holds the registered copyright. There is no out-sourcing of development or manufacturing.

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 “direct replacements” parts/components 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:

Ordering activities are not required to make a separate determination of fair and reasonable pricing, except for a price evaluation as required by 8.405-2(d). By placing an order against a schedule contract using the procedures in 8.405, the ordering activity has concluded that the order represents the best value and results in the lowest overall cost alternative (considering price, special features, administrative costs, etc.) to meet the Government’s needs.

(6) Describe the Market Research Conducted among schedule holders and the results or a statement of the reason market research was not conducted.

The Contract Specialist posted Notice of Intent to Sole Source 36C24424Q0417 to GSA on 02/21/2024 with responses due 02/27/2024. No challenges were received.

Due to the proprietary nature of MIM software, the Contract Specialist identified only one source, MIM Software Inc., a small business, with interest and capability to provide the services required. MIM Software Inc. is the sole manufacturer of MIM Software medical device software.

MIM Software develops and manufactures the software exclusively in-house and holds the registered copyright. There is no out-sourcing of development or manufacturing.

(7) Any Other Facts Supporting the Justification: NA

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

(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.

Sharon Gilbert Acquisition Project Manager Lebanon VA Medical Center