P03 Atch 1 Single Source Justification MPT to SAT 36C262-23-AP-8784_SIGNED (002).pdf

VHAPG Part 813.106 Simplified Acquisition Procedures: Soliciting from a Single Source Attachment 1: Single Source Justification for SAP under the SAT

Last Updated: 02/01/22 Page 1 of 2

DEPARTMENT OF VETERANS AFFAIRS

Justification for Single Source Awards IAW FAR 13.106-1 For

Over Micro-Purchase Threshold but Not Exceeding the SAT ($250K)

Commodity Brand Name Description:

• Brand Name: Netsmart myAvatar HL7 and Cache by Netsmart Technologies, Inc.

• Description: Upgrade Methadone Pharmacy Dispensing System Software-as-a- Service (SaaS) Licenses and Software Maintenance for the Greater Los Angeles VA Healthcare System (GLAVAHCS) – Los Angeles, CA.

Acquisition Plan Action ID: 36C262-23-AP-8784

1. Contracting Activity: Department of Veterans Affairs, VISN 22, Network Contracting Office 22 (NCO 22) in Long Beach, CA, seeks to procure brand name only unrestricted single source supplies / services listed in purchase request 691-24- 1-685-0003 at/for the three (3) opioid treatment clinics at GLAVAHCS, Los Angeles, CA.

2. Brief Description of Supplies/ Services required and the intended use/Estimated Amount:

GLAVAHCS has a requirement to purchase the Netsmart Software upgrade and hardware to include pump to dispense medication required for use / application of the current system and equipment used by the opioid clinics. The current software Netsmart AMS has been used by GLAVAHCS for over 15 years and is at the end of its operating life. If the software is not upgraded to myAvatar this VA asset would be unusable. The service provides an upgrade to the current methadone dispending system and will ensure opioid management and accurate dispending of the medication by specialized pharmacist for an additional 15+ years of use.

Estimated Amount: $178,388.00 USD.

3. Unique characteristics that limit availability to only one source, with the reason no other supplies or services can be used:

This is a direct upgrade / renewal of an existing software system and software must be compatible with existing system. Currently, the existing methadone system replacement equipment parts are not available and will soon be unusable.

GLAVAHCS is one of the last VA facilities that have not upgraded to the myAvatar AM system. Due to exclusive licensing agreements of proprietary software / technology, time constraints, and item being unique to one manufacturer, Netsmart Technologies Inc., original equipment manufacturer (OEM) is the only source who can provide needed software upgrade and use of other product(s) would be incompatible with current system and render vital medical equipment useless. VA Rule of Two does not apply. Circumstances of contract action deem only one source reasonably available due to proprietary software and critical / unique nature of requirement per FAR 13.106-1(b), and no other supplies or services will meet https://www.acquisition.gov/?q=/browse/far/13

VHAPG Part 813.106 Simplified Acquisition Procedures: Soliciting from a Single Source Attachment 1: Single Source Justification for SAP under the SAT

Last Updated: 02/01/22 Page 2 of 2 agency need. Additionally, following established protocols for competitive procurement would result in unacceptable delays and place Veteran patient care at risk.

4. Description of market research conducted and results or statement why it was not conducted:

Results from SBA VetCert query by applicable North American Industry Classification System (NAICS) code 541519 identified 4166 SDVOSB / VOSB concerns who could potentially perform the requirement. However, based on the totality of published market research (MR), VA Rule of Two does not apply. There is NO reasonable expectation that 2 or more qualified SDVOSB / VOSB / SB concerns can, could or would submit offers to meet agency need. Circumstances of contract action deem brand name only source available and no other supplies or services will meet agency need. Recommend brand name only unrestricted single / sole source to Netsmart Technologies, Inc. – large business (OEM) IAW FAR Part 13.

5. Contracting Officer's Certification: Purchase is approved in accordance with

FAR13.106-1(b). I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

CECIL S. NICHOLS

Contracting Officer, NCO 22 https://acquisition.gov/far/current/html/Subpart%2013_1.html#wp1125466