P03 SSJ Halo SMS 36C241-24-AP-2313 Final.pdf

Acquisition Plan Action ID: 36C241-24-AP-2313

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

1. Contracting Activity: Department of Veterans Affairs, Network Contracting Office 1, located at

Bedford, MA, in support of VISN 01, VA Health Care System at Boston Medical Center 2237 # 523- 24-3-1866-0023

2. Nature and/or Description of the Action Being Processed: This procurement is for Halo Software Support, Maintenance, and Service in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items and specifically FAR 13.501 Special Documentation Requirements, where acquisitions conducted under Simplified Acquisition Procedures are exempt from the requirements of FAR Part 6, but still require a justification using the format of FAR 6.303-2. The action being reviewed and approved will be awarded as a new firm-fixed-price contract base year plus four option years.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The PTSD Brain Bank requires yearly operation and maintenance including hardware maintenance, software maintenance, database administration on the HALO AI and Link software systems bought from Indica Labs. The Contractor shall provide software maintenance and support, including technical and application support and available product upgrades. The Contractor shall operate, repair, and maintain systems, applications, and IT environments supporting Indica Labs applications and system components. Preventive maintenance includes proactive installation of the operating system and network administration. Corrective maintenance includes security remediation and activities to retain or restore systems. Hardware Maintenance includes the following elements:

Hardware support – If a problem is remotely identified, the contractor Help Desk will immediately alert the engineers, who will remotely diagnose and, if possible, correct the issue remotely. If it is necessary to conduct on-site repairs to any piece of supported equipment, field engineers will contact the facility to schedule a visit within 12 operational hours of identifying the need for on-site maintenance. This service includes unlimited parts and labor and scheduling for fixes at the user's convenience in the affected department.

Software Maintenance Software maintenance includes the installation of software upgrades, scheduled enhancements between major releases, and bug fixes. Continuous monitoring and troubleshooting of any issues identified during monitoring, including contacting customers if necessary.

Barcode module- maintain software support for barcode module integration.

Support and Training Support Desk –Unlimited phone and remote support during normal Business hours (M-F, 8am – 8pm

ET)

Unlimited Remote Application Training – The contractor includes ongoing training of all users, including training on new features as they are released.

Performance Period: The start date for this contract is 4/15/2024. Estimated value including options is $305,561.85.

4. Statutory Authority Permitting Restricted Competition:

FAR 13.5 Simplified Procedures for Certain Commercial Items. The statutory authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. § 1901 and is implemented by FAR 13.106-1(b)(2) for restricting competition on this procurement. Competition is restricted on this procurement for the reason below:

( X ) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

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

Indica Labs, Inc. is the sole source manufacturer of the HALO Digital Pathology Software platform including HALO®, HALO Link, HALO AI, and AP®.

Indica’s Authorized Re-seller agreements require lead registration intended to prevent re-sellers and Indica Labs competing with one another on the same sales opportunity, effectively making Indica Labs the only authorized seller of the HALO Digital Pathology Software to your organization.

This requirement is for the HALO system's support, maintenance, and service. The OEM is uniquely qualified to perform this highly specialized service. Soliciting from another vendor will cause substantial duplication of cost to the government that is not expected to be recovered through competition.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Market research was conducted, and no other capable sources were found. A sources sought notice was not expected to provide dependable results.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The vendor provided extra discounts from their normal prices.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons

Market Research Was Not Conducted: Due to the peculiar nature of this requirement, the Rule of Two cannot be met for a small business set aside. No other source is capable of providing maintenance and support to this system at the level of quality and expertise required by the VA and the OEM.

Indica Labs offers products on SEWP. However, market research revealed that these line items are not listed in the SEWP contract. The service agreements are only available directly from Indica Labs.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: None

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

Indica Labs, Inc.

8700 Education Pl NW, Bldg. B Albuquerque, NM 87114 www.indicalab.com

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:

Strategic market research will continue to be conducted to identify new products in the marketplace.

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.

Olivia DeJoie Date Health Science Specialist VA Boston HCS

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.

Ashley Zannikos Date

CO

NCO1

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition.

Sheryl Anthony Date Branch Chief

NCO 1

ASHLEY

ZANNIKOS

Digitally signed by

ASHLEY ZANNIKOS

Date: 2024.03.06 09:44:35 -05'00'

SHERYL ANTHONY

Digitally signed by SHERYL

ANTHONY

Date: 2024.03.06 15:28:42 -05'00'