SS Just_Altoona Data Innov_co - WCS.pdf

36C244-25-AP-3189 | Data Innovation License & Maintenance | Altoona VAMC, PA

Effective Date: 11/15/24 Page 1 of 4

REVISION: 01

Acquisition ID#: 36C244-25-AP-3189

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR

CERTAIN COMMERCIAL ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C244-25-AP-3189

1. Contracting Activity: Department of Veterans Affairs, NCO 04, James E Van Zandt, Altoona

Veterans Affairs Medical Center, 2907 Pleasant Valley Blvd, Altoona, PA 16602.

Reference: 2237 # 503-25-3-062-0064.

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

The Altoona VAMC has a recurring requirement for Data Innovations (DI) Software, maintenance support and Licensure. Data Innovations, LLC currently provides ongoing support and service of onboard Instrument Management (IM) Interfacing system for the Altoona VAMC, PA.

This support and service is required to maintain functionality for current Laboratory operations. These software connection licenses are unique to the existing software already in use within the Laboratory.

The estimated value of the proposed action: $341,996.71.

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

The Instrument Manager (IM) Interfacing System currently in use at the Altoona VAMC is proprietary to Data Innovations, LLC. The IM System requires yearly software, maintenance, and support services. Data Innovations, LLC. is the manufacturer and sole provider of technical support and maintenance. These services are provided via telephone, troubleshooting, and emergency repairs within 24 hours of request, and remote access connectivity for troubleshooting and updates/ upgrades. Data Innovations is the infrastructure that our Lab layout and our VistA Laboratory Information System (LIS) is configured to.

The estimated value of the proposed action is as follows:

Year Service Service Period Cost Year 1 Software, Licenses, & Support 05/24/2025-05/23/2026 $56,018.00 Year 2 Software, Licenses, & Support 05/24/2026-05/23/2027 $61,620.00 Year 3 Software, Licenses, & Support 05/24/2027-05/23/2028 $67,782.02 Year 4 Software, Licenses, & Support 05/24/2028-05/23/2029 $74,560.22 Year 5 Software, Licenses, & Support 05/24/2029-05/23/2030 $82,016.25

Effective Date: 11/15/24 Page 2 of 4

Acquisition ID#: 36C244-25-AP-3189

The estimated value of the Total Proposed Cost

$341,996.71

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):

Data Innovations controls all intellectual property rights to Data Innovations Products and does not allow other vendors to perform technical services on their intellectual property.

They are the only source to provide the support, maintenance, and licensing for their IM Interfacing System. Data Innovation has a National BAA to provide, on behalf of the VHA, Data Innovations IM software connecting laboratory instruments and analyzers to the HER allowing Veteran lab results to be delivered to the medial record, and installation, maintenance ands support service of same.

At this time, Data Innovations is the only organization that is able to both develop connectivity interface drivers to its Instrument Manager (IM) software application and license and to provide technical support and maintenance services (including immediate access to new updates). They are also able to perform related implementation and consulting services for both the developed drivers and IM.

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

Should there be a future requirement, further market research will be completed to determine if market conditions or agency needs have changed.

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

Reasonable:

Determination of price reasonableness in accordance with FAR 13.106-3 will be conducted prior to award.

Effective Date: 11/15/24 Page 3 of 4

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

Reasons Market Research Was Not Conducted:

Market research was not conducted due to the proprietary nature of these services. A sole source letter was received from Data Innovations, LLC. stating they are the only authorized entity that can provide this required service. Instrument Manager is proprietary to Data Innovations, LLC., which provides the expertise to connect the interface drivers to their trademarked software application. The software is only licensed and maintained by Data Innovations. Market research was limited to SAM.gov, FPDS, DSBS, and based on these limitations revealed in their sole source letter.

Should there be a future requirement, further market research will be completed to determine if market conditions or agency needs have changed.

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

The service can only be provided by the OEM. A sole source is justified in that only the OEM, Data Innovations, has the propriety intellectual property to support this system.

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

Data Innovations, LLC. has proprietary software and is the only vendor with the knowledge and ability to perform the required services to Altoona VAMC.

Data Innovations LLC PO Box 101978 Atlanta, GA 30392-1978

DUNS #96-490-0463

Tax ID: 51-0263969 Email: renewals@datainnovations.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:

The VA will continue to monitor the current marketplace to determine if other sources are capable of meeting this requirement. In the event other sources are identified, future requirements will be competed.

Effective Date: 11/15/24 Page 4 of 4

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.

Melissa Flick Date Supervisory Administrative Specialist Altoona VAMC

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.

Cynthia Laemmerhirt Date Contracting Officer

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.

William Schlobohm Date NCO4, Branch Chief, Services 5 https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx