JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION DUE TO SOLE SOURCE REQUIREMENT 1. FACILITY NUMBER-NAME- CITY, STATE: Ann Arbor VA Health Care Services, Radiology Service, Ann arbor Michigan 48105 2. VISN OR PROGRAM ACTIVITY: 11 3. POC NAME AND TELEPHONE NUMBER: Dave Quinley,
+1 (555) 000-0000 and Nuance Sercke Support Center, 3981 Pepsi Cola Drive, Melbourne Fl 32934 4. PROPOSED ACTION: Sole Source Procurement of SERVICE 3. DESCRIPTION OF REQUIREMENT: Radiology Service wishes to purchase a required service maintenance program for the F'owerscribe voice activated dictation system from Nuance. " Supplies/Equipment Technical Characteristics can include, but are not limited to model, make, part number, color, size, quantity, delivery date, etc. Services: Refer to the statement of work, statement of objective, or performance work statement for your description. 6. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN COMPETITION: Only One Responsible Source Available " FAR 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements " FAR 8.405-6 Limited sources justification and approval " FAR 13.106-1(B) SAP Requirements - Soliciting From a Single Source " This is a reference to the part of the Federal Acquisition Regulation that allows an Item to be purchased without being fully competed. This statement serves as a point of reference in case the justification Is questioned. In this case, it would be reviewed for its relativity to this part of the Federal Acquisition Regulation. T. NATURE & BACKGROUND OF ACQUISMON TO JUSTIFY SOLE SOURCE: the Powerscribe voice activated dictation system is used exclusively by all of our radiologists to dictate, transcribe and sign patient imaging reports (approximately 60,000/year) into the hospital CPRS and VISTA systems. It is mandatory for this system to work 100% of the time. An annual Service Maintenance Agreement is required from Nuance (Powerscribe) for this hospital to receive tech support, onsite service, and free upgrade& This was to our advantage when we did our upgrade in tandem with the UM Radiology Department. The current service agreement expired September 30, 2012. " Describe the minimum salient characteristics that will meet your needs. This is the area where you explain why no other vendor anywhere can supply this requirement for you. Acceptable reasons for "sole source' include (but are not limited to): bound by contract, technical order specification, warranty service, or regional standardization. If the mason for sole source is determined locally, offer what market research or clinical guidelines led to the decision. If this item is Included in an allowance standard for War Reserve Materiel (WRM), cite the allowance standard, required source, and stock number for this item. NOTE FOR WRM PURCHASES: The Defense Logistics Agency is your primary source for WRM equipment. Be sure to determine availability from a DLA item manager before contracting for WRM equipment If DLA cannot meet your timelines for WRM equipment, your urgency may be further justification for other than full and open competition. See your Medical Logistics Flight Commander for more details. 8. PROVIDE INFORMATION SHOWING MARKET RESEARCH WAS CONDUCTED: A review of the Internet and GSA E Library found one vendor EC America who will not sign the BAA. " This justification is for why no other vendor anywhere can supply your item or service and still meet your needs. Your rationale for barring other vendors is crucial to your justification. If you already cited the statutory reason for a sole source, state, "See paragraph r. If your rationale for a sole source purchase was determined locally, offer an explanation of the source selection process you went through to determine your sole source requirement. Unacceptable reasons Include (but are not limited to) personal taste, good relationship with existing vendor, or one's comfort level with a particular vendor. o Describe the similarities and differences in vendors for the product that you are aware of that could assist or prevent the purchaser from obtaining the best value for you. Be sure to name the vendors. This section will help the purchaser deckle which vendors are available to purchase this Item from. If market research was not conducted, state it AND the reason that there was no market research. 9. PRICE ANALYSIS 'FAIR AND REASONABLE": Nuance Is the producer of this software and the only available sogice for maintenance of this soft'vmre to agree to the BAA ignwent required by the ISO. PRICING AS SUBMITTED IS CONSIDERED TO FAIR AND REASONABLE BASED ON COMPARSION PRICING AND HISTORICAL PRICING OF $46,732. , " This section is mandatory. Do not leave this section blank. Even though this must be purchased from only one source, 1 you must still obtain a quote from the vendor for this purchase. This way you are able to verify added costs for delivery, your geographic region, or installation. Cite the pricing here. If you purchased this item before, compare this price to what you paid last time. Cite this here as well. 10. LISTING OF SOURCES EXPRESSING INTEREST IN THIS REQUIREMENT: No other sources expressed an interest In providing this maintenance contract and agreement to the BAA. " Enter or attach contact information for sources you cited in the description of your source selection. If sole source by statute, regulation, or standard, list contact Information for that source here. 11. FUTURE ACTION TO OVERCOME BARRIER TO OTFOC: if a requirement of this nature recurs, the market will again be surveyed. " This section fulfills the legal requirement to affirm that the selection of a singular source for this requirement is an anomaly and that action will be taken in the future to ensure full competition in the future. The reason this is needed is to describe how the government will make an effort in the future to fully comply with standard acquisition practices and not resort to creating unnecessary partnerships with few vendors at the risk barring full competition to circumvent the FAR. By signing this, you are telling the contracting officer to avoid the processes that assure best value and fairness in this acquisition. If the reason for sole source purchase is because of statute, standard, or regulation, enter 'THE SOURCE FOR THIS PURCHASE IS REQUIRED lAW [cite the standard here]. j ,
