P03 FAR 13 Sole Source Justification OVER SAT.pdf

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Request for Sole Source Justification Over $250K (SAT)

OFOC SOP Revision 10 Page 1 of 3 Original Date: 03/22/11 Revision 10 Date: 09/10/2020

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C263-22-AP-4420 and 36C263-22-AP-5408

1. Contracting Activity:

Department of Veteran Affairs Network Contracting Office NCO 23 2237: 636-22-4-1116-0226 and 636-22-4-4024-0251

2. Nature and/or Description of the Action Being Processed:

The VA Nebraska Western-Iowa Health Care System and VA Iowa City Health Care System are seeking to contract periodic software and equipment maintenance and system upgrades for the Avidex TIGR remote access telehealth training program.

3. Description of Supplies/Services Required to Meet the Agency’s Needs:

The services will provide a periodic preventative and emergent maintenance of the systems software and equipment. The services are needed to maintain the facilities’ remote learning capability in order for VA health care personnel to maintain required certifications as provided by law.

4. Statutory Authority Permitting Other than Full and Open Competition:

(X) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per 41 USC §3304(a)(1) as implemented by FAR 6.302-1;

( ) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.302-3;

( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302-4 ( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR 6.302-5;

( ) (6) National Security per 41 USC §3304(a)(6) as implemented by FAR 6.302-6;

( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by FAR 6.302-7;

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

The software and equipment are proprietary and Avidex as the Original Equipment Manufacturer does not authorize third party service dealers to maintain their software and equipment.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable:

An intent to sole-source was posted on Contract Opportunities and at the end of the posting no other vendors provided proof that they were authorized by the OEM to provide the needed services.

OFOC SOP Revision 10 Page 2 of 3 Original Date: 03/22/11 Revision 10 Date: 09/10/2020

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable:

The CO will make a determination that the price is fair and reasonable based on current market pricing and the current contract.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted:

Market research was conducted by reviewing the current contract and posting an intent to sole-source notice on Contract Opportunities.

No responses were received to the intent to sole-source posting.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition:

The cost of maintenance of systems should be factored into the cost of any initial purchase of a new system or piece of equipment as well as whether or not the items are proprietary. Once a system or piece of equipment that is proprietary has been purchased, the ability to find competition for maintenance services is limited to the OEM and any other third party services providers that the OEM authorizes.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition:

None

11. A Statement of the Actions, if any, the Agency May Take to Remove or Overcome any Barriers to Competition before Making subsequent acquisitions for the supplies or services required:

Competition for services for equipment that is proprietary must be factored into the cost of the equipment when initially purchased.

Once the TIGR system becomes obsolete the VA will be able to solicit for a new system using competition.

12. 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 and belief.

Date

Amy Rosauer Chief Learning Resources

VA NWI HCS

OFOC SOP Revision 10 Page 3 of 3 Original Date: 03/22/11 Revision 10 Date: 09/10/2020

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

a. Contracting Officer or Designee’s Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Curt LaRose Date Contracting Officer VA Sioux Falls Services

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

Travis Johnson Date Branch Chief – Services Team

Supervisory Contracting Officer http://vaww.pclo.infoshare.va.gov/PMWeb/VHAPM_Part_806.3.aspx