7A21--VISN 2 VetLink Queuing Sustainment (VA-22-00098417) Justification of Sole Source

36C242-22-AP-3236 Attachment 1: Request for SDVOSB/VOSB Sole Source Justification Format >SAT Effective Date: 02/01/2022 Page 1 of 4 DEPARTMENT OF VETERANS AFFAIRS Justification and Approval (J&A) For Other Than Full and Open Competition (>SAT) Acquisition Plan Action ID: 36C242-22-AP-3236 VetLink Kiosk support Services Contracting Activity: Department of Veterans Affairs, VISN 02 Network 2874 Union Road, Suite 3500 Cheektowaga, NY 14227 Funding 2237: 479-23-1-3040-0001 Nature and/or Description of the Action Being Approved: System administration support to include software sustainment services and server administration for VISN 2 Network integrated enterprise Point of Service (POS) kiosks for existing VetLink servers and hardware modalities (e.g. kiosks and queuing displays). Description of Supplies/Services Required to Meet the Agency s Needs: Software sustainment services for VISN 2 Network s existing VetLink servers (Test & Production) and applicable queuing workflow(s). The VetLink servers control the VetLink hardware modalities (e.g., kiosks, queuing displays). This service contract is needed to ensure that approximately 452 pieces of equipment supporting the currently fielded kiosks will continue to function as they do today provided that the hardware is operational and/or under local extended warranty services with the vendor. This also includes System Administration Support to include software sustainment services and server administration. The VetLink kiosks are located at the (9) VISN 2 Medical Center locations and Community Based Outpatient Clinics (CBOC). The estimated yearly cost of this contract is $673,380.00. The estimated cost to cover the base year and four (4) option years totals $3,366,900.00. The base period of performance will commence October 1, 2022 to September 30, 2023 Statutory Authority Permitting Other than Full and Open Competition: 41 USC §3304(a)(5), 38 U.S. Code § 8127(c), as implemented by FAR 6.302-5 (Authorized or Required by Statute). COs may use the non-competitive (sole source) procedures authorized in VAAR 819.7007 or 819.7008 up to $5,000,000. Check the specific VAAR clause used below: ( x ) 819.7007 Sole source awards to a verified service-disabled veteran-owned small business; or ( ) 819.7008 Sole source awards to a verified veteran-owned small business Demonstration that the Contractor s Unique Qualifications and/or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): VISN 2 has approximately 452 pieces of equipment supporting currently fielded kiosks, servers, and queuing displays as part of the VetLink System provided by VECNA Technologies, Inc. Vecna is the only manufacture of these kiosks and queuing devices that use a proprietary system consisting of software and hardware. These devices are manufactured with the proprietary firmware (software) integrated into the device so it will connect with the servers out of the box requiring no on-site programming. VECNA is the only authorized vendor to provide support/maintenance, software license, and quotes for the VetLink system due to the supplies and services being unique and highly specialized. Accordingly, VECNA Technologies, Inc. is the only firm capable of providing the supplies and services described in Section 3 above without the Veteran s Health Administration experiencing substantial duplication of cost that could not be expected to be recovered through competition. VECNA has certified Minuteman Technology Services (MTS) as an authorized retailer and the only Service Disabled Veteran Owned Small Business to resell Vecna products at the same cost as Vecna Technologies. MTS is the sole Service Disabled Veteran Owned Small Business that can do the project management for the sustainment of the VetLink system. Please see letter from VECNA Technologies confirming that MTS is a certified distributor. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under 5.202 applies: Since the VetLink System is unique to the VA System and contains proprietary software and hardware that only VECNA Technologies Inc. and MTS can resell or support, no other sources were sought. It would be cost prohibitive to replace the current system and those expenses could not be recovered in the time frame of this requirement. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: Minuteman Technology Services is the only source that can provide this service due to proprietary software included with the system. The pricing is based on GSA Schedule 47QTCA21S009J with VECNA and is considered fair and reasonable. The estimated yearly cost of this contract is $673,380.00. The estimated cost to cover the base year and four (4) option years totals $3,366,900.00. The base period of performance will commence October 1, 2022 to September 30, 2023 Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Due to this contract containing proprietary software and replacing the system cost prohibitive, market research was limited to obtaining an updated quote and confirming VECNA Technologies Inc. via Minuteman Technology Services could provide the VA a unique kiosk system for VISN 2 Medical Facilities and Community Based Outpatient Clinics. Any Other Facts Supporting the Use of Other than Full and Open Competition: This is a follow-on contract for VISN 2 due to the current National Order 47QTCA21S009J 36C10B19F0509, Requisition 126C20016 with VECNA is expiring on September 29, 2022, and not being renewed. Minuteman Technology Services, a Service Disabled Veteran Owned Small Business, is an authorized reseller for all VECNA Technologies that is a women owned small business with a GSA Schedule 47QTCA21S009J. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: Minuteman Technology Services LLC 75 State Street , Suite 100 Boston, MA 02109. Will Locke. 617-840-7135. will.locke@minuteman-llc.com 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: For confirmation and support of number 8 above, the following market research was performed: A VIP search under 541519 with keywords VetLink Kiosk Support and PSC 7A21 returned three (3) possible sources in addition to Minuteman Technology Services, LLC. Drilling down within the vendor VIP profile details of the three sources other than Minuteman revealed no reference to or capability to perform support services for the VetLink kiosks. Querying the Government-wide database of contracts and other procurement instruments intended for use by multiple agencies, GSA eLibrary was utilized by NAICS 54151S. The result was 687 possible SDVOSB sources within the MAS schedule contracts. Minuteman Technology Services, LLC was one of the sources. DSBS was queried using NAICS 541519 and keywords VetLink Kiosk Support returning no sources. A search for Minuteman Technology Services, LLC was performed within FPDS for any existing order, yet none were found. This is understandable because the TAC order for these services with VECNA does not expire until September 29, 2022. VECNA, the manufacturer of the VetLink kiosks programmed with VECNA proprietary software, provided a Distributor Certification Letter on behalf of Minuteman Technology Services, LLC; an SDVOSB; as qualified and authorized to provide services in support of the VetLink Kiosk System for the Veterans Administration. Lastly, in accordance with FAR 6.302-5 Statutory Authority permitting Other than Full and Open Competition sole source awards to a verified service-disabled veteran-owned small business, an Intent to Sole Source to Minuteman Technology Services, LLC; an SDVOSB; was posted to Contract Opportunities August 30, 2022. No responses received. The Government will continue to conduct market research to ascertain if there are changes in the proprietary technology that would enable future actions to be competed. 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. Jeffrey D Digitally signed by Jeffrey D Wilkinson 395614 Wilkinson 395614 Date: 2022.08.31 09:02:22 -04'00' Name: Jeffrey Wilkinson Date Title: Business Operations Director Facility: VISN 2 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. MICHELLE HARSCH Digitally signed by MICHELLE HARSCH Date: 2022.08.31 09:06:22 -04'00' Michelle Harsch Date Contracting Officer VISN 2 NCO One Level Above the Contracting Officer (Required over the SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition. Cheryl M Brimmer 113171 Digitally signed by Cheryl M Brimmer 113171 Date: 2022.08.31 09:11:20 -04'00' Cheryl Brimmer Date Services Team 1 Branch Chief VISN 2 NCO VHA RPO 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 $75 million) or approve ($750K to $75 million) for other than full and open competition. JOSEPH MALETTA 1347841 Digitally signed by JOSEPH MALETTA 1347841 Date: 2022.09.02 09:24:03 -04'00' Joseph P. Maletta Date Executive Director Regional Procurement Office East (RPO-E) VHA Head of Contracting Activity (HCA)