S02 OFOC JA FAR13 MPT-SAT Media Writer CD Burner 757-20-3-291-0211 complete.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 2 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)

Acquisition Plan Action ID:_____36C250-20-AP-3642_________________

1. Contracting Activity: Department of Veterans Affairs, VISN 10, Chalmers P. Wylie Ambulatory Care

Center and Chalmers P. Wylie VA ACC, 420 North James Road, Columbus, OH 43219-1834 – Release of Information. Purchase request 757-20-3-291-0211 is applicable.

2. Brief Description of Supplies/ Services required and the intended use/Estimated Amount: Patient Information Media Writer D200 CD burners maintain / support / upgrade services are needed for veterans to take pertinent health information to community providers. These Media Writer D200 CD burners are an essential component of VA operations & as such require a service contract for licensing, software support, & threat mitigation patches for cyber security threats.

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

Only the OEM can supply proprietary licensure, software updates & threat mitigation patches.

Failure to secure services from OEM could make the government susceptible to cyber-attacks. OEM provided proprietary letter. FSS contract GS-35F-249DA Hyland Software, Inc. not applicable to services procurement.

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

NAICS 511210 search of VETBIZ revealed SDVOSB 197 matches, and VOSB 43 matches. GSA E-library identified Hyland Software, Inc. contract GS-35F-249DA source 70, category 132 33. GSA Advantage identified GS-35F-249DA timespan April 1, 2016 thru March 31, 2021.This contract is not applicable to services and cannot be utilized for this procurement. BAA has been signed December 12, 2019 with Department of Veterans Affairs and Hyland Software, Inc. It will not be utilized for this procurement. GSA E-library search Source 70 Category 132 33 revealed 3 SDVOSB, 5 WOSB, 25 small, 6 SBA Certified small disadvantaged business. There were no VOSB matches at all. SBA revealed NAICS 511210 with 25 matches Franklin County, State of Ohio. Contractor: Hyland, LLC provided a sole source letter dated May 22, 2020 relating to renewal and maintenance and support of the PacsGear software product. It indicated that the software license utilized at Chalmers P. Wylie VA ACC is proprietary to Hyland Software Inc. It also indicated that maintenance and technical support of such software has been contracted directly with Hyland, LLC. Only the OEM (original equipment manufacturer) holds proprietary rights to software, upgrades, and equipment components associated with the equipment. All repairs/upgrades must be completed with the use of OEM parts in accordance to all manufacturer specifications. Any use of an unauthorized service may cause government to pay unreasonable costs in the future for repairs and service agreements.

Hyland LLC holds proprietary rights on all software updates, application patches, & threat mitigation https://www.acquisition.gov/?q=/browse/far/13

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 2 of 2 Original Date: 08/30/17 Revision 02 Eff Date: 03/31/2020 solutions. Only the OEM can provide these services & failure to procure these solutions would leave the government susceptible to cyber threats. No third- party vendors service is authorized by the OEM. There are no third- party vendors authorized by the proprietary holder for services to be provided on the PACSgear package. Proprietary Letter has been received from contractor: Hyland, LLC. Solicitation 36C25020Q0837 RFI revealed zero interested parties as SDVOSB / VOSB / Small / FAOC – full and open competition. Procurement as intent to sole source to Hyland LLC via solicitation 36C25020Q0943 via NAICS 511210 D319 service code.

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.

Name Lisa A. Clark Date July 31, 2020 Title Contracting Officer https://acquisition.gov/far/current/html/Subpart%2013_1.html#wp1125466