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FBO DAILY - FEDBIZOPPS ISSUE OF OCTOBER 22, 2014 FBO #4715
DOCUMENT

J -- I-Portal NOTC-C Premium Plan service contract - Justification and Approval (J&A)

Notice Date

10/20/2014
 

Notice Type

Justification and Approval (J&A)
 

NAICS

811219 — Other Electronic and Precision Equipment Repair and Maintenance
 

Contracting Office

Department of Veterans Affairs;Network Contracting Office 20;5115 NE 82nd Ave, Suite 102;Vancouver WA 98662
 

ZIP Code

98662
 

Archive Date

3/13/2016
 

Point of Contact

ASHLEY NGUYEN
 

E-Mail Address

E
 

Small Business Set-Aside

N/A
 

Award Number

VA260-15-P-0130
 

Award Date

12/14/2015
 

Description

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 20, for the Puget Sound VA Medical Center under purchase request 663-15-1-213-0006 2.Nature of the Action Being Processed: A new firm-fixed contract will be awarded for Neuro Kinetics software and maintenance support of I-Portal/NOTC audiology equipment. 3.Description of Supplies or Services Required to Meet the Agency's Needs: Purchase Request number 663-15-1-213-0006, for annual full service maintenance and repair contract on I-Portal Audiology equipment. The services consist of semi-annual preventative maintenance and an associated comprehensive service report. Any replacement parts will be new with similar features and functionality. Neuro Kinetics is the manufacturer of the I-Portal NOTC and VNG systems, and all critical software and hardware. The estimated value of the base year is $21,000.00. The estimated total contract value is $105,000.00 for a base and four option years contract. Estimated Period of Performance for the base year is December 15, 2014 through December 14, 2015. 4.Statutory Authority Permitting Restriction in Competition: The statutory authority for restricting competition under SAP, or Single Sourcing, for acquisitions under $150,000 or Simplified Acquisition Threshold (SAT) is 41 U.S.C. 253(c), as implemented by FAR 13.106-1(b)(1). The specific reason for restricting competition is the selected vendor, Neuro Kinetics, has sole proprietary rights to perform the required service. Per FAR Part 6.302-1(b)(2), "The existence of limited rights in data, patent rights, copy rights, or secret processes ¦ or similar circumstances make the services available from only one source." As this time, no other vendor has the capability of fulfilling the requirement. 5.Demonstration that the Contractor's Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): Neuro Kinetics, Inc. (NKI) is the sole manufacturer and marketer of the I?Portal family of products. These products include NKI's VEST software, I-Portal software, and I-Portal hardware, and are protected by wide range of trademarks, copyrights, patents and pending patents in the US and other countries. Software and Service Agreements provide updates to Neuro Kinetics proprietary VEST software. Neuro Kinetics, Inc. is the sole designer, manufacturer, and seller of the I?Portal NOTC system and the VEST software platform. VEST software can only work on NKI's I-Portal products. NKI products, software, software updates, and support are only available directly from Neuro Kinetics, Inc. 6.Description of Efforts Made to Ensure that Offers are Solicited from As Many Potential Sources as Deemed Practicable IAW FAR 13.104: The contract specialist posted a special notice on FBO to publicize the VA's intent to solicit from a single source. The notice was available on October 20, 2014. 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 cost to the Government is $105,000.00 for a base and three option years. Price reasonableness is based on a comparison of the proposed price with prices found reasonable on previous purchases of similar requirements. VA purchase order number VA260-13-P-2866, in the amount of $16,000.00, was a service contract on the same equipment, however only issued for a single upgrade as opposed to a base year plus four optional years of service. Pricing was also determined to be fair and reasonable by comparing the independent government estimate to similar published pricing. Additionally, the price offer is very comparable to the Government cost estimate. If the Government was to forego a preventive maintenance contract, individual repairs, parts, and maintenance of the equipment could be higher than the yearly cost of the service agreement. The cost to the Government is considered fair and reasonable based on a comparison of prices found reasonable on previous purchases. 8.Description of the Market Research Conducted and the Results, or Statement of Reasons Market Research was not Conducted (FAR 10): a.Procurement List Ability One was checked via "I-Portal" and returned no results b.Unicor was checked with the same search word with no results c.No available companies were found via a GSA FSS search. d.Market research was conducted by reviewing past procurements for I-Portal software (VA260-13-P-2866) e.Equipment uses software which is copyrighted and considered to be intellectual property of Nuero Kinetics. The VA equipment requires software upgrades only available from the manufacturer. Per a letter from the manufacturer, "Neuro Kinetics, Inc. is the sole designer, manufacturer, and seller of the I?Portal NOTC system and the VEST software platform. VEST software can only work on NKI's I-Portal products." 9.Any Other Facts Supporting the Restriction of Competition: No other facts beyond what has been described above are available to support restricting competition. 10.Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: No vendors expressed interest in writing at this time. 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: Before awarding any subsequent actions, market research will be conducted to determine if outside vendor are then able to provide the required service. 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. _____________________________ _______________________ Name: Date Position: ? 13.Approvals IAW VHAPM, Volume Six, Chapter VI, SOP 3.2.1 and VHAPM, Volume 6, Chapter VI: OFOC SOP: 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: Ashley NguyenDate Contracting Officer NCO 20 Services Acquisitions Team b.DOC/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. ______________________ ________________________ NCO 20 Services Team ManagerDate
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/notices/37235f966fdc7263d3f2029ade82bebe)
 

Document(s)

Justification and Approval (J&A)
 

File Name: VA260-15-P-0130 VA260-15-P-0130.docx (https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=1688495&FileName=-4764.docx)

Link: https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=1688495&FileName=-4764.docx

 

Note: If links are broken, refer to Point of Contact above or contact the FBO Help Desk at 877-472-3779.
 

Record

SN03553721-W 20141022/141020233949-37235f966fdc7263d3f2029ade82bebe (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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