Redcated J_A Vet Images Licensing_Redacted.pdf

SOLE SOURCE JUSTIFICATION

1. Contracting Activity: Department of Veterans Affairs (VA) Office of Acquisition Operations Technology Acquisition Center 23 Christopher Way Eatontown, NJ 07724

2. This requirement will be accomplished via:

A new Firm Fixed Price Contract issued to:

F8PJ (DBA Veterans Portrait Project) 170 Mayfield DR.

Goose Creek, SC 29445-7301, United States

3. Description of Supplies or Services

Ten (10) Photographs of Veterans to be used on the VA.gov website for a one-year Base Period and two one-year Option Periods.

4. Authority Cited

FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold. Contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available.

5. Reason for Authority Cited

The proposed source for this action is:

F8PJ, LLC

DBA Veterans Portrait Project (VPP) Tax ID: 26-1372352

DUNS: 011949755

Vendor is a Small Business

The 10 photographs required by this effort have been used as part of VA branding across VA.gov website for several years and are configured to work with the specific Va.gov website configurations. The use of any other photographs would require a significant level of effort and incur additional costs

VA-22-00014419_Veteran Images Licensing for reconfiguration to work on VA.gov, costs that are not anticipated to be offset by competition. F8PJ holds exclusive rights to the 10 required photographs, and thus, no other vendor can provide access to the 10 necessary photos.

Additionally, F8PJ maintains the contact information for the subject of each photograph and supports the maintenance of agreements with each subject ensuring they properly authorize the use of their image and the conditions under which they may be used. Use of a vendor other than F8PJ would risk the lapse or mishandling of those agreements. Lastly, utilizing the 10 specific images on VA.gov will ensure the integrity of the web design and eliminate the need for an entire re-design of VA.gov. VA contacted F8PJ about the purchase of perpetual rights to these images, however VA determined that this would not lead to overall

6. Efforts to Obtain Competition.

The sources proposed above are the only sources that can meet the urgent requirements for the reasons given above. Procurement data does not include any unnecessary requirements that may inhibit competition.

7. Actions to Increase Competition

Other actions will be accomplished to increase competition in future efforts for similar supplies. The VA.gov roadmap includes discovery efforts to determine if a site-wide design change is necessary.

8. Market Research

VA reviewed other picture options via websearch including iStock, Shutterstock, and Pixabay (other common sites such as Pexels were blocked by VA network and eliminated from the search). Since the vendor has exclusive rights to the 10 necessary photographs, and these photographs are configured to VA.gov and contain contact information utilized by VA.gov therefore there are no other

9. Interested Sources

This procurement will be synopsized in the Federal Business Opportunities Page and any bids/proposals received shall be evaluated.

10. Technical and Requirements Certification I certify 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.

Preparer

VA-22-00014419_Veteran Images Licensing

1. Determination of Fair and Reasonable Price I hereby determine that the anticipated price to the Government for this contract action will be fair and reasonable based on comparison with previous contract pricing found to be fair and reasonable.

12. Procuring Contracting Officer Certification I certify that this justification is accurate and complete to the best of my knowledge and belief and that this acquisition exceeds $3,500, but does not exceed the simplified acquisition threshold.