70--NOTICE OF INTENT

JUSTIFICATION AND APPROVALFOR OTHER THAN FULL AND OPEN COMPETITION 1. Agency and Contracting Activity (FAR 6.303-2(a)(1)) Department of Veterans Affairs Franchise Trust and Oversight (047F) 1615 Woodward Street Austin, TX 78772 2. Nature and/or description of action being approved (FAR 6.303-2(a)(2)): a. Nature of Contract Action: Sole Source b. Type of Contract: Firm Fixed Price c. Type of Funds: Franchise Funds 3. Description of supplies or services required to meet the Agency needs (including estimated value) (FAR6.303-2(a)(3)): The Records Center and Vault (RC&V) in Neosho, MO requires annual software support renewal services for Total Recall Records Management software for the period of 10/1/09 thru 9/30/10. Vendor will provide unlimited telephone support and program improvements or enhancements as they are developed and released. Vendor will assist with installing any upgrades and/or documentation updates as appropriated. SQL Single Site Version - unlimited number of items and webs service yearly support maintenance. If training is required, then it will be requested separate from this contract. Estimated Contract Value: $6,556.36. 4. Statutory Authority (FAR 6.303-2(a)(4)): The statutory authority of this justification is FAR 6.302-1, only one responsible source and no other supplies or services will satisfy agency requirements. 5. Rationale supporting use of authority cited above (FAR6.303-2(a)(5)): Software maintenance is only available from the original software manufacturer. No resellers exist. Since the software is currently used by the RC&V as their records management software, replacing the software would be at a greater cost due to product replacement and training. 6. Description of efforts to ensure that offers are solicited from as many potential sources as practicable, including public notice requirements (FAR 6.303-2(a)(6)): No efforts were made to solicit other offerors. No other organization can provide this service. Public notice was not required for this procurement as it falls below $10,000. 7. Determination of Fair and Reasonable cost (FAR 6.303-2(a)(7)): Pricing for this maintenance is determined fair and reasonable as compared with other software companies in industry. The rates offered by this company are similar to standard software maintenance rates of this nature. 8. Market Survey (FAR 6.303-2(a)8)): The web was reviewed to determine that other companies offer pricing at a similar rate. However, no other company can provide this particular service since it is proprietary to the manufacturer, so no other sources were researched. 9. Other Supporting Data (FAR 6.303-2(a)(9)): N/A 10. List of sources, if any, that expressed a written interest in the acquisition (FAR 6.303-2(a)(10)): None 11. Actions, if any that are being taken to remove and overcome any barriers to competition before any subsequent acquisitions for the supplies or services required (FAR 6.303-2(a)(11)): None are planned, unless the RC&V decides to purchase new software for this requirement. 12. Technical requirements personnel certification (FAR 6.303-2 (b): I certify 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. /s/ Cynde Bays 9/22/09 ____________________________ Date: _______________ Cynde Bays Business Manager 13. Contracting Officer's certification (FAR 6.303-2 (b): I have determined that the anticipated cost to the government will be fair and reasonable and certify that the justification is accurate and complete to the best of my knowledge and belief. /s/ Sylvia Thomas 9/22/2009 ____________________________ Date: _______________ Sylvia Thomas Contracting Officer