Description
DEPARTMENT OF VETERANS AFFAIRS Justification and Approval For Other Than Full and Open Competition 1. Contracting Activity: Department of Veterans Affairs, Network Contracting Office 4 (NCO4), for VA Pittsburgh Medical Center PR: 646-15-1-207-0008 Period of Performance: October 1, 2014 - December 31, 2014 Base Price: $8,749.87 2. Nature of the Action Being Processed: This procurement is for the Maintenance of the Powerscribe system for radiology performed by Nuance. This service will be in effect for a three month period only. A VISN wide contract was competed and awarded via SEWP for an updated Powerscribe system in early 2014, which is currently being installed. Once the new system is integrated with the current system, the service for this equipment will be covered under the VISN Contract. 3. Description of Supplies/Services Required to Meet the Agency's Needs: Nuance will provide technical support via the technical resources support center or through depot repair services. Telephone support is provided 24 - hours a day, seven days a week. Depot repair service requests are available Monday thru Friday, 8 am to 5 pm eastern time. 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; ( ) (6) National Security per FAR 6.302-6; ( ) (7) Public Interest per FAR 6.302-7; 5. Demonstration that the Contractor's Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): Nuance has the parts and expertise necessary for the repair of the Powerscribe equipment. It is vital to ensure that this equipment is maintained until the VISN-wide system is in place, at which time the maintenance will be covered under contract VA244-14-F-1531 (NNGO7DA20B). In addition, due to propriety nature of the product the company is only capable of maintaining the existing equipment. Therefore a sole source is required. 6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: An Intent to Sole Source notice was posted on FBO and no responses were received. 7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable: This contract was awarded previously and the pricing was determined fair and reasonable. Additionally, VA244-14-F-1531 (SEWP # NNGO7DA20B) was awarded earlier this year for the VISN wide contract and the prices are consistent with the pricing of that award. The VISN contract was competed and determined fair and reasonable. 8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: As noted above, while other vendors have voice recognition services, the Powerscribe system is proprietary, and therefore it must be serviced by Nuance. An Intent to Sole Source was posted on FBO and no responses were received. 9. Any Other Facts Supporting the Use of Other than Full and Open Competition: NA 10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: An Intent to Sole Source was posted on FBO, but no responses were received. 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: A VISN-wide contract was solicited and awarded in early 2014 for an integrated Powerscribe system. Once the new since is in place, the maintenance for the entire system will be provided by Nuance. The VISN contract was competed on SEWP. 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. _____________________________ ________________________ Veronica Gamble Date Title Facility 13. Approvals in accordance with FAR 6.304 a. Contracting Officer's Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief. _____________________________ ________________________ Elaine DiBucci Date Contract Officer NCO 4 b. NCM/PCM (Required $3K and above): I certify the justification meets requirements for other than full and open competition. _____________________________ ________________________ Herb Byrns Date Deputy Director of Contracting VISN 4 ? 14. Approvals in accordance with FAR 6.304 This part if filled out by Contracting Staff as part of the Justification a. Contracting Officer's Certification: (required) I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief. _____________________________ ________________________ Name: Ronald Kline Date Title: Contracting Officer Facility: VAPHS b. NCO Deputy Director of Contracting: I certify the justification meets requirements for other than full and open competition. _____________________________ ________________________ Herb Byrns Date Deputy Director of Contracting Network Contracting Office 4 (NCO 4)