JA - FAR Part 16.5 -VA-24-00040661 Logicare - Final signed.pdf

LOGICARE Patient Healthcare Information System

Control Number VA-24-00040661

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 firm-fixed price delivery order issued under the National Aeronautics and Space Administration (NASA) Solution for Enterprise-Wide Procurement (SEWP) V Government Wide Acquisition Contract (GWAC) for the procurement of brand name LOGICARE software maintenance and support.

3. Description of the Supplies or Services: The C.W Bill Young Department of Veterans Affairs Medical Center (VAMC) has a requirement to renew Brand name LOGICARE software licenses. The software expediently provides patients with healthcare information, discharge instructions and education which can be printed and distributed to patients in either the English or Spanish language at a 5th or 6th grade literacy level. The patient healthcare information will be automatically generated by orders from authorized users and a note detailing the provided education will be automatically generated in the Electronic Medical Record (EMR) for C.W. Bill Young VAMC. This software will allow for more efficient patient discharges from the Emergency Department and acute care with a proven track record of reduced re-admissions. The Period of Performance is April 1, 2024, through March 31, 2025 with four (4) twelve months option years. The total proposed action is estimated at a value of $199, 547.05 (inclusive of options).

4. Statutory Authority: Pursuant to Federal Acquisition Regulation (FAR) Subpart 16.505(a)(4), the following brand name requirement is being justified and approved as an exception to fair opportunity under the statutory authority of Section 41 U.S.C.

4106(c)(2) as implemented by FAR Subpart 16.505(b)(2)(i)(B), entitled “Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized”.

5. Rationale Supporting Use of Authority Cited Above: Based upon market research, as described in section 8 of this justification, it was determined that limited competition is viable among authorized resellers for brand-name LOGICARE software maintenance and support services. Brand name LOGICARE software is the software currently being used in the Emergency Department and acute care areas of CW Bill Young VAMC where discharge instructions and education are pivotal to the continuity of care, improved patient outcomes and reduced re-admission rates. Only LOGICARE, or an authorized reseller, can provide the necessary software updates because of the propriety source code required to develop and implement software updates. No other brand name is capable of providing the required software maintenance or support services that meets VA’s unique functional requirements and that can be interoperable or compatible with existing LOGICARE-based system. Specifically, the current system and software communicates software updates and fixes through a LOGICARE proprietary source code, therefore, no other brand name can provide the required support to existing LOGICARE system without this proprietary source code.

Furthermore, if the renewal of LOGICARE software maintenance and support were not to be purchased, the time it would take to install, test, and train VA staff on the use of new software would cause multiple project delays at least a minimum of six months with an estimated cost impact of at least $166,000.00 just to retrain staff. Renewal of LOGICARE software maintenance will ensure that all LOGICARE software support services are performed and that the VA-owned LOGICARE software remains properly configured. If the software is not properly maintained, it may fail to operate properly resulting in negative impacts to patients. No other software maintenance and support services is compatible with or interoperable with the existing LOGICARE proprietary database structures, protocols, and software application programming interfaces.

Therefore, only LOGICARE, or an authorized reseller, can provide the software maintenance and support services that meets the Government’s requirements.

6. Efforts to Obtain Competition: Market research was conducted, 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. However, limited competition is available among resellers for brand name LOGICARE software maintenance and support. In accordance with FAR 16.505(a)(4)(iii)(A)(1), this justification will be provided with the solicitation to all appropriate NASA SEWP V GWAC holders. Furthermore, in accordance with FAR 5.301, 16.505(b)(2)(ii)(D), and 16.505(a)(4)(iii), the award notice for this action will be synopsized on the Federal Business Opportunities website and this justification will be made publicly available within 14 days of award.

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

8. Market Research: In accordance with VA Acquisition Regulation 810.001-70, market research was conducted via the Small Business Administration Veteran Small Business Certification (VetCert). The VetCert database was screened for a list of all service¬ disabled Veteran-owned small businesses (SDVOSBs) and Veteran-owned small businesses (VOSBs) under the North American Industry Classification System (NAICS) code 541519, "Other Computer Related Services." The results of the search found a total of 4272 SDVOSBs and VOSBs under the NAICS code 541519. Despite the number of matches, the requirement discussed herein is more specialized than a simple NAICS code search; therefore, more specific market research was necessary.

The result of this market research (discussed below) was the primary market research considered for this procurement.

Market research was conducted in December 2023 by VA technical experts by reviewing the Defense Logistics Agency Medical Electronic Catalog (ECAT) and GSA Advantage websites conducting extensive internet searches, reading of white papers and service technical specifications of the vendor's Website, to determine if other brands could provide the software and support. The Government reviewed similar brands to include TriageLogic, Capterra, Sirona Health, Aidin, Micromedex and Athena One. However, these brands are unable to provide the necessary Computerized Patient Record System (CPRS) integration with Veterans Health Information Systems and Technology Architecture (VistA). Based on all these market research efforts, the Government's technical experts have determined that only the aforementioned LOGICARE brand name software database license can meet all of VA's needs. In addition, Bay Pines subject matter experts regularly review industry trade publications and conduct internet research to ascertain if any other software solution is available.

Additionally, the Contract Specialist (CS) conducted market research in February 2024 by utilizing the NASA SEWP Provider Lookup tool to determine whether the brand name LOGICARE products are available from NASA SEWP V GWAC holders. The CS determined that there are 4 SDVOSB resellers of LOGICARE software such that competition is anticipated.

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.

Michelle Aragon-Perez Date: ________________________

Program Specialist for Medicine 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 anticipated competition. Additionally, NASA SEWP V has already determined the prices on contract to be fair and reasonable. Finally, the successful quote will be compared with the Independent Government Cost Estimate.

Newton Maloba Date:

Procuring Contracting Officer Signature: _

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

Newton Maloba Date: ___________________

Procuring Contracting Officer Signature: ______________

March 13, 2024