36C26318Q0042, WaveMark Cath Lab Service - VISN 23 Biomed

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 2: Request for Sole Source Justification Format >$150K



VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 2: Request for Sole Source Justification Format >$150K



OFOC SOP Revision 06 Page 1 of 4

Original Date: 03/22/11

Revision 06 Date: 08/30/2017

OFOC SOP Revision 06 Page 1 of 5

Original Date: 03/22/11

Revision 06 Date: 08/30/2017

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 2: Request for Sole Source Justification Format >$150K



OFOC SOP Revision 06 Page 1 of 4

Original Date: 03/22/11

Revision 06 Date: 08/30/2017

DEPARTMENT OF VETERANS AFFAIRS



Justification and Approval (J&A)

For

Other Than Full and Open Competition (>$150K)



Acquisition Plan Action ID: VA263-17-AP-12482



Contracting Activity: Department of Veterans Affairs, VISN 23, Minneapolis VA Medical Center. Black Hills Network Contracting Office. 2237: 618-18-1-6065-0014



Nature and/or Description of the Action Being Processed: This new contract is for WaveMark Cath Lab Service Maintenance and will be awarded as a firm-fixed price, sole-source contract. The contract duration will be for a base plus four option years. This contract includes hardware maintenance, software maintenance, interface maintenance, database administrator support services, and support services for the WaveMark Cath Lab inventory management systems at the Omaha VAMC, Iowa City VAMC, Des Moines VAMC and Minneapolis VAMC.



FAR13.5 Simplified Procedures for Certain Commercial Items: This procurement is for commercial services 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.



Description of Supplies/Services Required to Meet the Agency s Needs: Veterans Integrated Service Network 23 requires a contract for hardware maintenance, software maintenance, interface maintenance, database administrator support services, and support services for all WaveMark Cath Lab inventory management systems located in the network. This is a request for a VISN-wide service agreement on Cath Lab inventory management systems. This system is used to track the use of Cath lab supplies such as catheters and stents, associating those supplies with patients for product outcomes tracking purposes, for inventory management, for tracking recalls and expiration dates, etc. Each product is assigned an RF ID tag which is then associated in the WaveMark system with a product in its Oracle database. As the product is used, it is scanned such that the specific product can be processed in accordance with the functions stated above.



Contract period shall cover five (5) years:

Coverage Year

Period

Year 1 (Base)

12/23/2017-12/22/2018

Year 2 (Option 1)

12/23/2018-12/22/2019

Year 3 (Option 2)

12/23/2019-12/22/2020

Year 4 (Option 3)

12/23/2020-12/22/2021

Year 5 (Option 4)



12/23/2021-12/22/2022







x Total estimated Award Amount $1,894,960.00





Statutory Authority Permitting Other than Full and Open Competition: 41 USC §3304(a)(1), as implemented by FAR 6.302-1.



(X) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy

Agency Requirements per FAR 6.302-1;

( ) (2) Unusual and Compelling Urgency per FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per FAR 6.302-3; ( ) (4) International Agreement per FAR 6.302-4

( ) (5) Authorized or Required by Statute FAR 6.302-5;

( ) (6) National Security per FAR 6.302-6;

( ) (7) Public Interest per FAR 6.302-7;



FAR13.5 Simplified Procedures for Certain Commercial Items: The authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. 1901 and is implemented by for restricting competition on this procurement via FAR 13.106-1(b)(2).



Demonstration that the Contractor s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): A critical portion of the coverage includes services that are proprietary. The Cath lab inventory management system has been developed for use with the WaveMark RFID Smart Cabinets currently used throughout VISN 23 to track Cath Lab supplies. Due to the proprietary nature of this system, no other vendor can provide the required software and database updates necessary for the continued use of the system and the government owned WaveMark cabinets.



Only One Responsible Source (FAR 6.302-1) It would be cost prohibitive to entertain another inventory system which would require the replacement of forty-three (43) WaveMark RFID Smart Cabinets and associated hardware/software, at an estimated aggregate cost of $2,313,161.00. Therefore, by FAR 6.302-1, there is only one responsible source that can meet the Government s requirements.



Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: This is a proprietary system that has been tailored for Government (VA) Medical Centers, there are currently no other Commercial Off-The-Shelf (COTS) products that are available which would meet Government requirements.



Vendor was contacted concerning authorized distributors of the requested product. It was confirmed that in order to support current users on the system, WaveMark support continuously updates a master product database that lists product barcodes and other product data. This data is created and maintained by WaveMark through password access which is controlled by WaveMark. WaveMark owns the code for this product library and does not provide access to that code to other vendors. This back-end support of the users is what enables product tagging and is essential to the smooth functioning of the system.



To further solidify the action taken under FAR 6.302-1, a sources sought notice was published to FBO on 10/4/2017 seeking qualified vendors who may have the capability of performance outlined in the Statement of Work. Only one vendor responded to the notice stating Just FYI...With this specific product Cardinal Health has a 10,000 ft. Wall around their product. When it comes to software, cloud services, and inventory control, they have it on lockdown. If this is the system you want, and it is awesome, nobody can touch it. Period. Thus, confirming this requirement is indeed a sole-source requirement.

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

Reasonable: Pricing will be determined Fair & Reasonable based on an analysis of historical pricing and pricing for similar products and services are available in the commercial market place. In addition, negotiations will be held to obtain best possible prices prior to contract award.



Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: As described in Section 6 above, market research, in accordance with FAR Part 10, was conducted by synopsis of the proposed acquisition, advising industry of the pending acquisition and soliciting inquiries from interested parties.



A search within Vendor Information Pages (VIP) utilizing NAICS 811219 revealed 203 SDVOSB/VOSB vendors. Narrowing the search down further by keyword, WaveMark resulted in (0) no SDVOSB/VOSB vendors listed.



Any Other Facts Supporting the Use of Other than Full and Open Competition: Additional correspondence from WaveMark Inc. confirmed they hold proprietary software data rights in which they are the sole provider of the service required.



Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: Besides the solesource vendor, WaveMark Inc., no other vendors have shown interest due to the proprietary rights of this requirement.



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: Due to the proprietary nature of this acquisition competition is limited to only one source that are provided proprietary rights. In this case, WaveMark, Inc. is the only vendor with such rights and the ability to perform. In the future, if other vendors are afforded such rights, barriers for competition will be removed.



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. Digitally signed by Maame A. Boakye

Maame A. 1414324

DN: dc=gov, dc=va, o=internal, ou=people, 0.9.2342.19200300.100.1.1=maame.boakye

Boakye 1414324_____________________________ @va.goDate: 2017.11.02 09:51:10 -05'00'v, cn=Maame A. Boakye 1414324 11________________________ /2/2017

Name: Maame Boakye Date

Title TCF Biomedical Engineer

Facility VISN 23



13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:



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.



Jonathan L. Digitally signed by Jonathan L. Allen 701879DN: dc=gov, dc=va, o=internal, ou=people,

Allen 701879 0.9.2342.19200300.100.1.1=3Date: 2017.11.07 08:28:39 -07'00'@va.gov, cn=Jonathan L. Allen 701879 jonathan.allen

_____________________________ ________________________ 11/7/2017

Jonathan L. Allen Date

Contracting Officer

Black Hills Contracting Office





One Level Above the Contracting Officer (Required over$150K but not exceeding $700K): I certify the justification meets requirements for other than full and open competition.

Digitally signed by BENEDICT A. SEITZ

BENEDICT A. 253829DN: dc=gov, dc=va, o=internal,

ou=people,

SEITZ 253829 0.9.2342.19200300.100.1.1=a.gov, cn=BENEDICT A. SEITZ 253829 Date: 2017.11.08 16:05:40 -06'00'ben.seitz@v 11/08/2017

_____________________________ ________________________

For: Daryl A. Berg

Director of Contracting

Network 23 Contracting Office Date



VHA SAO HCA Review and Approval: I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and recommend approval (if over $68 million) or approve ($700K to $68 million) for other than full and open competition.



Digitally signed by Linda S. Greaves

Linda S. Greaves 404790 404790

_____________________________ ________________________ Date: 2017.11.16 14:33:59 -06'00'

Linda S. Greaves Date

Acting Director, SAO Central Region

SAO Central Head of Contracting (HCA)