36C10B18C2761-001.pdf

JUSTIFICATION

FOR AN EXCEPTION TO FAIR OPPORTUNITY

1. Contracting Activity: Department of Veterans Affairs (VA)

Office of Procurement Acquisition and Logistics Technology Acquisition Center 23 Christopher Way Eatontown, NJ 07724

2. Description of Action: The proposed action is for a sole source, firm-fixed price (FFP) delivery order (DO) for the delivery of Goals of Care web content for the Veterans Health Administration (VHA) Employee Education System (EES) eLearning Gaming Office.

3. Description of the Supplies or Services: Department of Veterans Affairs (VA) VHA, EES has a requirement for delivery of the Goals of Care web content. This requirement provides Software as a Service (SaaS) in the form of web content hosted by the contractor. The requirement shall be tested and delivered as an educational training web accessed module to ensure that VA Healthcare Providers and staff personnel are adequately trained in conducting Goals of Care conversations and documenting the conversations in the patients’ health record. This SaaS training space is designed to shape the context for specific performance outcomes with dynamic immediate formative assessment feedback and overall summative evaluation feedback. The Office of Health Center for Ethics in Health Care will sponsor this training opportunity to educate medical learners that provide care to Veterans. The proposed SaaS web content will address the training gap of palliative care educational learning objectives. The contractor shall provide web based content that supports learner understanding in not only training staff personnel in conducting Goals of Care conversations and documenting those conversations in patients’ health records, but ensuring that learners have a thorough understanding of life-sustaining treatment, accessible on VA-issued Personal Computers (PCs), iOS, and Android devices, available to a Veteran patient after receiving news of a serious life-limiting illness. The period of performance is 180 days from the date of award.

4. Statutory Authority: FAR 13.106-1(b)(1), For purchases not exceeding the simplified acquisition threshold. Contracting Officers may solicit from one source if the Contracting Officer determines that the circumstances of the contract action deem only one source reasonably available.

5. Rationale Supporting Use of Authority Cited Above: The proposed source for this action is Engineering and Computer Simulations, Inc. (ECS) 11825 High Tech Avenue, Suite 250, Orlando, FL 32817. ECS is the owner of “NEXUS”, which is the original baseline Source Code for the Goals of Care gaming product utilized by the EES eLearning Gaming Office. ECS’s software provides a training method for VA Healthcare providers and staff to adequately conduct and document Goals of Care conversations in patients’ health records. The SaaS effort is required to mitigate an obsolete technology (Unity WebPlayer) that is no longer supported with security updates. The lack of security updates prevented the launching of this training product on VA issued computers. Healthcare Professionals are currently unable to access this

Goals of Care, TAC-18-51153 critical training to obtain Continued Education Units to maintain their credentials. ECS will use the current baseline of the legacy game using the Unity platform and repurpose the web content to run on Chrome, which is an approved VA application. ECS will prepare and deliver the web content so that the app version is technically ready to be submitted to the Apple store (iOS) and Google Play (Android). The Contractor shall provide the final web content for delivery inclusive of providing all Final Source Codes.

ECS is the only source capable of providing VA with the required web content refresh services for the delivery of the Goals of Care legacy training product. The original Gaming product was developed, tested and delivered from 2014-2016 using the Unity platform. Unity is a cross-platform game engine developed by Unity Technologies, which is primarily used to develop both three-dimensional and two-dimensional video games and simulations for computers, consoles, and mobile devices. At the time of development and until recently, Unity Technologies was conducting regular security updates to its Unity WebPlayer capability which allowed for the technology to be launched in a VA Network. Unity Technologies no longer conducts security updates, which makes any product development and launch subject to security vulnerabilities.

VA Networks now blocks the launch of this technology, making all current Gaming products, launched with this technology, obsolete. ECS used this technology to design, developed, test, and deliver the Goals of Care web content. ECS also used this technology, along with its internal proprietary software practices, to package and deliver the game. The contracting vehicle in place for this effort did not include the purchase of source code data. Not only is ECS is the sole developer of the Goals of Care product, but it has no authorized resellers and it does not subcontract out any of the required work. Based on the above, ECS is the sole contractor capable of meeting this requirement.

6. Efforts to Obtain Competition: Market research was conducted, the details of which are in section 8 of this justification. This effort did not yield any additional sources that can meet the Government’s requirements; therefore, no competition is anticipated for this acquisition. Additionally, the proposed action will be synopsized on the Federal Business Opportunities Page in accordance with FAR 5.201. Any proposals that are received shall be evaluated.

7. Actions to Increase Competition: The Government will continue to conduct market research to ascertain if there are changes in the market place that would enable future actions to be competed.

8. Market Research: Market research was conducted by the Government’s technical experts in February of 2018 by reviewing the capabilities of the Serious Educational Games Prime Contract holders such as Systems Kinetics and Engineering, Creative Veteran Productions, Advanced Computer Learning Company, and MTS, Inc. Though all of these companies are likely capable of providing the required development, none have access to the proprietary source code used in the Engineering and Computer Simulations (ECS) cloud environment. On July 31, 2018, the Contract Specialist contacted ECS and was advised that ECS was the sole owner of the Source Code and did not have any authorized resellers. On August 9, 2018, ECS provided a subsequent email to the EES eLearning Gaming Office Program Manager, confirming that

Goals of Care, TAC-18-51153

“Engineering & computer Simulations, Inc. owns the Source Code and is the sole developer for the following products; does not have any authorized resellers, and we do not subcontract out any of the work required.” One of the products specifically referenced in this email was Goals of Care. As a result, the market research confirmed that ECS is the only service provider capable of meeting the Government’s requirements for this effort.

9. Other Facts: None.

10. Technical and Requirements Certification: I certify that the supporting data under my cognizance, which are included in this justification, are accurate and complete to the best of my knowledge and belief.

Aurelio Maldonado Date: ________________________________

Project Manager Signature: ____________________________

11. Fair and Reasonable Cost Determination: I hereby determine that the anticipated price to the Government for this contract action will be fair and reasonable based on (cost of previous similar gaming simulations and multiple rough order magnitude (ROMs) from various vendors.

Asif Damji Date: ________________________________

Procuring Contracting Officer Signature: ____________________________

12. Procuring Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Asif Damji Date: ________________________________

Procuring Contracting Officer Signature: ____________________________