VISN04 SCRIPTPRO LSJ-FullySigned_R.pdf

LSJ 36C244-21-AP-0607

LIMITED SOURCES JUSTIFICATION

ORDER >SAT

FAR PART 8.405-6

ACQUISITION PLAN ACTION ID: 36C244-21-AP-0607

(1) CONTRACTING ACTIVITY: Department of Veterans Affairs (VA), Veterans Integrated Service Network 04 (VISN04), Network Contracting Office 4 (NCO4).

(2) DESCRIPTION OF ACTION:

This acquisition is conducted under the authority of the Multiple Award Schedule Program (41 U.S.C.

251 and 40 U.S.C. 501).

The Department of Veterans Affairs, VISN04, proposes to enter into a new Blanket Purchase Agreement (BPA) against FSS Contract 36F79719D0135, using limited source procedures.

Order against: FSS Contract Number: 36F79719D0135

Name of Proposed Contractor: ScriptPro USA Inc.

Street Address: 5828 Reeds Road

City, State, Zip: Mission, KS 66202-2740

Phone: 800-606-7628

(3) DESCRIPTION OF SUPPLIES OR SERVICES:

The proposed BPA will streamline VISN04 procurement of ScriptPro licenses and technical support for new and currently installed ScriptPro equipment in use at the nine VISN04 medical centers and associated Community-Based Outpatient Clinics (CBOCs). Services will include on-site field service, preventative maintenance, inspection, testing, and repair of ScriptPro equipment, machinery, and components in use at VISN04 facilities. Additionally, the contractor will provide software and database updates, and help desk support.

The period of performance will include a base year and four one-year option periods. The BPA will also include the Option to Extend Services in accordance with FAR 52.217-8. Based on current usage, the estimated value of the base year of this procurement is $364,346.04, and the total estimated value is $1,821,730.20. The estimated BPA ceiling is $4,000,000.00.

(4) IDENTIFY THE AUTHORITY AND SUPPORTING RATIONALE (see 8.405-6(a)(1)(i)(A), (B), and (C) or 8.405-6(b)), AND IF APPLICABLE, A DEMONSTRATION OF THE PROPOSED CONTRACTOR’S UNIQUE

QUALIFICATIONS TO PROVIDE THE REQUIRED SUPPLY OR SERVICE.

Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized.

Only ScriptPro USA Inc. has the capability to meet this requirement for proprietary reasons. ScriptPro’s contract administration director has confirmed in correspondence to the Contract Specialist (CS) that as the Original Equipment Manufacturer (OEM), ScriptPro is the only source for maintenance, updates, modifications, and upgrades to ScriptPro systems.

(5) DESCRIBE WHY YOU BELIEVE THE ORDER REPRESENTS THE BEST VALUE CONSISTENT WITH FAR 8.404(d) TO AID THE CONTRACTING OFFICER IN MAKING THIS BEST VALUE DETERMINATION:

ScriptPro pricing for the required services was determined fair and reasonable at the time of their FSS contract award. Additionally, the CO will request a price discount from the FSS pricing in accordance with FAR 8.405-4.

(6) DESCRIBE THE MARKET RESEARCH CONDUCTED AMONG SCHEDULE HOLDERS AND THE RESULTS

OR A STATEMENT OF THE REASON MARKET RESEARCH WAS NOT CONDUCTED:

The contract specialist received a propriety letter from ScriptPro’s contract administration director confirming that no other firm can provide the required maintenance, updates, modifications, and upgrades to VISN04 ScriptPro systems for proprietary reasons.

After receiving sufficient documentation from ScriptPro of the proprietary nature of the required services, and the inability of any other firm to meet the requirement, the CS invited industry comment by posting a notice of intent to negotiate the requirement on a sole source basis to Contract Opportunities. The CS posted the notice on 02/01/2021, and invited firms to identify their interest in the procurement by 02/08/2021. No firms responded to the notice of intent to sole source.

(7) ANY OTHER FACTS SUPPORTING THE JUSTIFICATION:

ScriptPro’s GSA contract 36F79719D0135 indicates specifically that the warranty is void if the equipment or software has been installed or modified other than as authorized in writing by ScriptPro.

(8) A STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE OR OVERCOME ANY BARRIERS THAT LED TO THE RESTRICTED CONSIDERATION BEFORE ANY SUBSEQUENT ACQUISITION

FOR THE SUPPLIES OR SERVICES IS MADE:

Because proprietary restrictions mandate that ScriptPro USA, Inc. is the only capable source for the required support services, no competition is anticipated for subsequent acquisition of these services.

(9) 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. I understand that processing of this limited sources justification restricts consideration of Federal Supply Schedule contractors to fewer than the number required by FAR Subpart 8.4.

Kimberly Sekiya Date VISN04 Health Technology Manager

(10) PREPARED BY:

Thomas A. Cossentino Date Contract Specialist, Services Team 5, NCO 4

(11) APPROVALS IN ACCORDANCE WITH THE VHAPM Part 806.3 OFOC SOP:

a. CONTRACTING OFFICER’S CERTIFICATION (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Laura E. Scott Date Branch Chief, Services Team 5, NCO 4

b. One Level Above the Contracting Officer (Required over the SAT but not exceeding $700K): I certify the justification meets requirements for other than full and open competition.

Seth J. Custer Date Division Chief, Division 1, NCO 4

c. Director of Contracting:

I certify the justification meets requirements for other than full and open competition.

Benjamin P. Iachini Date Director, NCO 4

Kimberly A Sekiya 148549

Digitally signed by Kimberly A Sekiya 148549 Date: 2021.02.18 16:12:55 -05'00'

Thomas A.

Cossentino 1611104

Digitally signed by Thomas A. Cossentino 1611104 Date: 2021.02.18 22:36:00 -05'00'

Laura E. Scott 1471662

Digitally signed by Laura E. Scott 1471662 Date: 2021.02.19 06:36:10 -05'00'

Seth J. Custer 430886

Digitally signed by Seth J.

Custer 430886 Date: 2021.02.19 13:30:38 -05'00'

Benjamin P.

Iachini 644827

Digitally signed by Benjamin P. Iachini 644827 Date: 2021.02.19 13:40:11 -05'00' 2/19/21

2/19/21

2/19/21

2/18/21

2/18/21

HIGHER LEVEL APPROVAL (Required for orders over $700,000):

d. VHA RPO HCA REVIEW AND APPROVAL (over $700,000 to $68 million): I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and approve for restricting consideration of the Federal Supply Schedule contractors to fewer than the number required by FAR Subpart 8.4.

Joseph Maletta Date VHA Head of Contracting Activity Executive Director, RPO-East

JOSEPH MALETTA

1347841

Digitally signed by JOSEPH

MALETTA 1347841

Date: 2021.02.22 14:47:53 -05'00' 2/22/20