DA01--EHRM - Zeiss System Upgrade - Ann Arbor August 15, 2021 - August 14, 2022

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP

Attachment 5: Request for Sole Source Justification Format >SAT

OFOC SOP Revision 11 Page 1 of 9

Original Date: 03/22/11

Revision 11 Date: 02/11/2021

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A)

For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C250-21-AP-4184

Contracting Activity: Department of Veterans Affairs, VISN 10, LTC Charles S. Kettles VA Medical Center, Ann Arbor, Michigan 48105. 2237: 101-21-3-5209-0367

Nature and/or Description of the Action Being Processed: This is a request for a firm-fixed price contract to ProAim Americas LLC (16024 Manchester Road, Suite 200, St. Louis, MO 63011; (844) 467-7624) for the upgrade of the Zeiss FORUM Eye PACs system located at the LTC Charles S. Kettles VA Medical Center, Ann Arbor, Michigan.

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

The LTC Charles S. Kettles VA Medical Center, Ann Arbor, Michigan, has a requirement for an upgrade to the Zeiss FORUM Eye PACs system. This proposed action supports the Department of Veterans Affairs in their efforts to replace the legacy electronic health record, VISTA, with the new electronic health record, Cerner. As part of this Cerner implementation, a procurement is required to integrate the existing Zeiss FORUM software with the new health record, which requires the additional licenses for the Zeiss FORUM Server. The delivery and installation of the software, test server, and upgrades must be completed within the coming months. The interface and services are required in order to implement the new electronic health record for the LTC Charles S. Kettles VA Medical Center. The period of performance is from approximately August 15, 2021 August 14, 2022. The total estimated price of the proposed action is $317,316.76.

Statutory Authority Permitting Other than Full and Open Competition:

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

Agency Requirements per 41 USC §3304(a)(1) as implemented by FAR 6.302-1;

( ) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability

or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.302-3;

( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302-4

( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR 6.302-5;

( ) (6) National Security per 41 USC §3304(a)(6) as implemented by FAR 6.302-6;

( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by FAR 6.302-7;

Demonstration that the Contractor s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): ProAim Americas LLC has the proprietary rights to the software required to issue the updates, and therefore, they are the only source with the available tools and access to the source code and other proprietary data necessary to interface with Cerner and the Zeiss FORUM Eye PACS system.

Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: The Government s technical experts conducted efforts to determine whether ProAim Americas LLC was the only source for these services by reviewing other similar software. From September to November 2020, the other similar software was reviewed, but the Government s technical experts concluded that none of these products could meet the Government s interoperability and compatibility requirements previously discussed. Replacing this infrastructure would result in duplicated costs of over $450,000 that would not be recovered through competition. This estimate is based on the expert experience in the cost of similar software, knowledge of what is currently invested in the existing licenses, and the expert opinion on the estimated labor required to migrate a different solution.

Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: ProAim Americas LLC is the only authorized vendor that can perform the upgrade, and the anticipated cost to the Government has been determined to be fair and reasonable, as the price is in line with prices paid for similar services for other VA facilities. An RFQ will be issued to the vendor and the Contracting Officer will analyze their bid and make a final determination of fair and reasonable pricing at that time.

Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: A Vet Biz search using NAICS code 511210 and keyword Zeiss yielded zero results. A search using the SBA s Dynamic Small Business Search tool also yielded zero results. An intent to sole source was posted to BETA.SAM.gov with a response deadline of July 12, 2021 at 12pm Eastern time, and no results were received.

Any Other Facts Supporting the Use of Other than Full and Open Competition: None

Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: ProAim Americas LLC

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: If future upgrades are needed, the market will be evaluated to determine whether or not this remains a sole source.

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.

Signatures on file Awarded contract 36C25021P1846 to PROAIM AMERICAS, LLC for 317316.76000000 on 2021-08-10.