Chronic Pain Education Module - 463 Tecnical Support and Maintenance POP: 01 Aug 13 - 31 Jul 14

DEPARTMENT OF VETERANS AFFAIRS



Justification and Approval

Under

Simplified Acquisition Procedures (SAP)

Simplified Acquisition Threshold ($3K to $150K)

For Restricting Competition under FAR 13.106-1(b)(1) "Single Source"





1. Contracting Activity:



Department of Veterans Affairs, Network Contracting Office (NCO 20), 1495 Wilmington Drive, STE 360, DuPont, Washington 98327



2. Nature of the Action Being Processed:



Request that a contract be established between Change Management Consulting, LLC and the Alaska VA Medical Center, Anchorage, Alaska for Technical Support and Maintenance requirements for the Online Training Module on Chronic Pain Education for Veterans. This action is for a base year and two (2) option periods.



3. Description of Supplies or Services Required to Meet the Agency's Needs:

This procurement under PR #463-13-3-096-0044 is for Technicial Support and Maintenance to be provided by Change Management Consulting, LLC for the Online Chronic Pain Module for Veterans which was developed by Change Management Consulting, LLC and who has sole proprietary rights to perform the required maintenance and updates to this software.



4. Statutory Authority Permitting Other than Full and Open Competition:



Statutory Authority: 41 U.S.C. 253(c), or 38 U.S.C. 8153 as implemented by FAR 6.302.



(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;









5. Demonstration that the Contractor's Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):



Change Management Consulting, LLC is the developer of the original VISN 20 Chronic Pain Module for Veterans, and as such has sole access to the proprietary information used in its development. Revisions, updates or maintenance support cannot be made to the original product without access to this proprietary information, which only Change Management Consulting, LLC has. Typically, software/IT maintenance is proprietary and must be accomplished by the original manufacturer. A letter from the company stating they are proprietary is attached to this J&A.



6. Description of Efforts Made to Ensure that Offers are Solicited from As Many Potential Sources as Deemed Practicable IAW FAR 13.104:



Market research was not conducted as no other vendor has access to the proprietary information necessary to perform the work described in the SOW.



7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable - IAW FAR 13.106-3:



The anticipated price to the Government is $120,000.00 for a base year and two (2) one year option periods. The base year and each option year pricing is $40,000.00. Price reasonableness is based on market research on similar types of software maintenance contracts. The previous contract under Purchase Order VA463-C25129 was $39,848.24 for a one year contract. The current pricing provided has increased by $151.76 which is 0.381% increase over the past contract pricing. This is determined to a minimal increase in pricing and is considered to be fair and reasonable.



8. Description of the Market Research Conducted and the Results, or Statement of Reasons Market Research was not Conducted (FAR 10):



Market research was not conducted as no other vendor has access to the proprietary information necessary to perform the work described in the SOW.



9. Any Other Facts Supporting the Restriction of Competition:



Maintenance and support of this software program by any other provider would require the entire module to be rebuilt which would result in significantly greater cost to the Government.











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



Market research was not conducted as no other vendor has access to the proprietary information necessary to perform the work described in the SOW therefore no other sources expressed interest.



11. Statement of 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:



No actions are planned. There are no other vendors capable of providing this service by virtue of the prerequisite of being the original developer and in possession of the knowledge, background, and proprietary information that this vendor has.



12. Requirements Certification - IAW FAR 6.303-2(c):





I certify that the requirement outlined in this justification is a bonafide 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.



//signed//_________________________ 07/18/2013_________________

T. Michael Woodyard Date

EA to the Chief of Staff

Alaska VAMC





13. Approvals IAW VHAPM, Volume Six, Chapter VI, SOP 3.2.1: .



a. Contracting Officer's Certification: (required) I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.



//signed//_________________________ 07/18/2013_________________

Ross Byrne Date

Contracting Officer

NCO 20 Team Lead



b. NCM/PCM/DESIGNEE: 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 for other than full and open competition.



_//signed//_________________ __07/18/2013_____________

Jackie Merriman

Contracting Officer

NCO 20 Team Manager Date