P03 - JNA ATL Scanner_signed.pdf

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

VHAPM Part 813.106 Page 1 of 3 Original Date: 08/30/17 Revision 02 Eff Date: 03/31/2020

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)

RPO Tracker #: 2021-01-14T10:44:14

Acquisition Plan Action ID: 36C259-21-AP-0823 Purchase Request (2237) No: 702-21-1-2361-0091

Contracting Activity:

Department of Veterans Affairs – Network Contracting Office 19 Rocky Mountain Acquisition Center 6162 South Willow Drive, Suite 300 Greenwood Village, CO 80111

Organizational Activity:

Department of Veterans Affairs Health Eligibility Center (HEC) 2957 Clairmont Rd, Suite #200 Atlanta, GA 30329

1. Brief Description of Supplies/ Services required and the intended use/Estimated Amount: This acquisition is for a Firm Fixed Price (FFP) 1-year sole source contract with OPEX Corporation (OPEX), utilizing emergency acquisition procedures. The estimated amount for 12-months of service is $68,411.00. This acquisition will provide continued maintenance service and software for (5) OPEX mail scanners at the VHA Member Services Health Eligibility Center (HEC) in Atlanta, GA. The mail scanners provide high-speed color scanning to process incoming documents at the HEC. By statue the HEC is required to respond to all health eligibility claims within (5) business days after receipt. If the scanners are down then the HEC is unable to process incoming claims, which could result in extended response time and failure to comply with the statue.

The Government owned OPEX scanners were being maintained by OPEX under contract #36C25918C0106 that ended 09-30-2020. The Government was in the process of soliciting a requirement to lease replacement scanners which included a maintenance agreement for the new equipment. The program office elected to not exercise the next option year under maintenance contract #36C25918C0106 with OPEX since a new contract for replacement equipment was expected to be awarded. However, pricing for a contract to lease new equipment greatly exceeded available funding for the requirement.

The program office made the determination that it is in the best interest of the Government

VHAPM Part 813.106 Page 2 of 3 Original Date: 08/30/17 Revision 02 Eff Date: 03/31/2020 to pursue a contract to purchase the equipment in lieu of lease the equipment. This decision requires a new procurement package and solicitation. In the interim, OPEX notified the program office that their software license for the scanners would end on 12/2/2020 which would cause the scanners to be inoperable. Additionally, a couple of the scanners needed immediate repair and maintenance.

An emergency contract was requested on 12/2/2020. OPEX was provided verbal approval to provide maintenance, repair, and software licenses for the Government owned OPEX scanners on 12/2/2020. The scanners are considered essential equipment to process health eligibility claims. If the scanners are inoperable then the HEC is precluded from processing incoming documents within the (5) business days required by the statue. The emergency maintenance contract ensures continuous operability and provides all management, personnel, labor, supplies, tools, equipment, emergency response, and software necessary to maintain the Government owned OPEX scanners.

2. Unique characteristics that limit availability to only one source, with the reason no other supplies or services can be used: OPEX Corporation is the only authorized source for maintenance, repair services, parts, and software for equipment manufactured by OPEX.

OPEX utilizes proprietary diagnostic software that has not been released or licensed to third parties. OPEX does not authorize third parties to perform diagnostics, maintenance or equipment repairs on their behalf. Further, OPEX does not distribute parts or software through third parties. Any third-party vendor attempting to perform maintenance and repair on OPEX manufactured equipment would be forced to use used parts salvaged from other OPEX equipment or new parts obtained unlawfully.

3. Description of market research conducted and results or statement why it was not conducted: Market research was conducted IAW FAR Part 10. Market research conducted on VIP, GSA e-Buy, and SBA did not find 2 or more SDVOSB /VOSB’s or any concerns with the ability to provide maintenance, repair and software on OPEX proprietary equipment.

4. 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.

Jeffery Johnson Date Supervisory Program Analyst

JEFFERY W.

JOHNSON 1455787

Digitally signed by JEFFERY

W. JOHNSON 1455787

Date: 2021.01.20 08:11:40 -06'00'

01/20/2021

VHAPM Part 813.106 Page 3 of 3 Original Date: 08/30/17 Revision 02 Eff Date: 03/31/2020

Date

Date

Charles Gritzmacher Contracting Officer

David Medina Branch Chief

01/20/2021

VHAV19MedinD Typewritten Text 01/20/2021