36C24523A0017_1.docx

VHAPG Part 808.405-6 Limiting Sources Request for Limited Sources Justification Format >SAT

36C245-23-AP-0575

GENERAL INFORMATION

BASE NOTICE TYPE

VAMC (613)

VISN 5 Contract Satellite Office 510 Butler Avenue, Building 306A Martinsburg WV 25405

POINT OF CONTACT*

C.O.

Joseph J. Krupa joseph.krupa@va.gov 304-263-0811 x 7618 N/A none

AWARD INFORMATION

MODIFICATION NUMBER

LINE ITEM NUMBER

AWARDEE NAME*

CONTRACTOR’S UEI

COMPUTRITION INC

FWBFGNEGVJ24

AWARDEE ADDRESS LINE 1*

AWARDEE ADDRESS LINE 2*

ADDITIONAL INFORMATION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

Justification and Approval Notice Justification and Approval Notice

DESCRIPTION

Justification and Approval Notice

LIMITED SOURCES JUSTIFICATION

ORDER >SAT

FAR PART 8.405-6

Acquisition Plan Action ID: 36C245-23-AP-0575

(1) Contracting Activity: Department of Veterans Affairs, Network/Program Contracting Office 05, located at Martinsburg VA Medical Center (613), 510 Butler Avenue, Martinsburg, WV 25405, in support of VISN 05 VA Health Care System at VISN 5 locations, including Beckley, Washington DC, Baltimore, Perry Point, Loch Raven, Martinsburg, Clarksburg, and Huntington.

(2) Description of Action: This acquisition is conducted under the authority of the Multiple-Award Schedule Program (41 U.S.C. 152(3) and 40 U.S.C. 501).

The proposed action is for a sole source, blanket purchase agreement (BPA) to be awarded under General Services Administration (GSA) Federal Supply Schedule (FSS) Contract Number 47QTCA21D005U to Computrition, Inc. (Computrition) for Computrition brand name Patient Nutrition management software modules, licenses, and associated technical support services for VISN 5 locations, including Beckley, Washington DC, Baltimore, Perry Point, Loch Raven, Martinsburg, Clarksburg, and Huntington. This acquisition will be procured using NAICS code 513210, PSC code 6515 for a patient management database. FITARA approval is not required. Based on the Federal Information Technology Acquisition Reform Act (FITARA) VHA Guide dated April 20, 2021, Patient Data Management Systems, under PSC 6515, do not require FITARA approval.

Order against: |X| FSS Contract Number: 47QTCA21D005U

(3) Description of Supplies or Services:

The estimated value of the proposed action is $1,047,365.23 (Base plus 4 options):

Base Pricing: $223,035.79 Option Period 1 Pricing: $199,819.99 Option Period 1 Pricing: $203,912.44 Option Period 1 Pricing: $208,127.67 Option Period 1 Pricing: $212,469.34 Veterans Integrated Service Network 5 (VISN 5) Nutrition and Food Services Chiefs are required to provide Nutrition and Food Services programs and services as part of the Cultural transformation “Healthy Diet” Initiative, PlaneTree agreements, and local patient centered care initiatives. This action is to renew Computrition Patient Nutrition Management software and support for eight of the VISN 5 VA Medical Centers (VAMCs). The Contractor shall provide for software license renewals, program enhancements, implementation, training, and support for the existing software. The period of performance shall consist of a 12-month base period and 4- 12-month option periods.

(4) Identify the Authority and Supporting Rationale (see below and if applicable, a demonstration of the proposed contractor’s unique qualifications to provide the required supply or service.

|_| FAR 8.405-6(a)(1)(A): An urgent and compelling need exists and following the ordering procedures would result in unacceptable delays:

|_| FAR 8.405-6(a)(1)(B): Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized:

|_| FAR 8.405-6(a)(1)(C): In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order must not have been previously issued under sole source or limited source procedures.

|X| FAR 8.405-6(b): Items peculiar to one manufacturer:

|X| A patent, copyright or proprietary data limits competition. The proprietary data is: software package that includes Patient Nutrition Management software, foodservice operations management, nutritional care management/automated diet office, Room Service and Bedside Connect Modules and Point of Sale functionality.

There is a standing Business Associate Agreement between The Department of Veterans Affairs Veterans Health Administration and Computrition, Inc. to provided nutritional food software services to, for, or on behalf of VHA. (see attached)

|_| These are “direct replacements” parts/components for existing equipment.

|_| The material/service must be compatible in all aspects (form, fit and function) with existing systems presently installed/performing.

(5) Describe Why You Believe the Order Represents the Best Value consistent with FAR 8.404(d) to aid the contracting officer in making this best value determination:

Computrition’s Patient Nutrition Management software is currently in use throughout the VISN. The cost and time to implement a new software system would be substantially more than the proposed BPA Computrition has a standing B.A.A. with the VHA to provide these types of services within 45 C.F.R. Parts 160 and 164.

(6) Describe the Market Research Conducted among schedule holders and the results or a statement of the reason market research was not conducted.

Based on the market research, it was determined that competition is not viable. The results of the market research it was determined that no other source can provide all the required functionality and be approved in the timeframe that VA requires. In fact, historical information from past procurements, it was determined by the VA technical experts that a new system, to be fully ready for implementation, would take approximately 18-months. Specifically, the VA implemented this software in 2012 through 2014 expending approximately 20,000 labor hours, per VISN to fully implement this program and customizing the Health Level-7 (HL7) interface to Computrition’s software, which includes all active inventory, recipes, menus, diets, daily production data, patient preferences and meal selections. VISN 5 Nutrition and Food Services have fully implemented and integrated Computrition Foodservice nutrition software and are dependent on it 365 days a year, for 3 meals plus 3 snacks per day directly serving Veterans.

To replace this software with that of another vendor would require a complete rewrite of the existing VistA Menu Management Program and HL-7 interface with additional customizations to provide select menu, spoken menu, room service, enhanced nutrient analysis, patient intake analysis and production. This would result in a significant negative impact on direct patient care. VA requires support for the deployed solution immediately; further, Computrition software is currently the only approved HL-7 interface software for the required Foodservice nutrition services that replaced the VistA Menu Management Program for most of the VA Nutrition and Food Services. The interface HL-7 refers to a set of international standards for transfer of clinical and administrative data between software applications used by various healthcare providers. HL-7 provides the Computrition Foodservice nutrition software with the pertinent data from VistA. The interface provides a uni-directional download of admission, discharges, and transfers of all patients 24 hours a day and 7 days a week. These downloads update the patient’s record in the menu-management program and provide date of birth, social security number, and diet order. If this information is not constantly downloaded, patient safety is violated.

It was determined that Computrition, as the Original Software Developer, is sole provider of the required software, licenses, and services. Specifically, Computrition Foodservice Patient Nutrition software is a proprietary software package implemented widely throughout VA, and its functionality is developed, tested, owned, and maintained by Computrition. Computrition does not authorize any other entity to sell, support, or train this software.

(7) Any Other Facts Supporting the Justification:

Patient health, safety, and welfare would be endangered if a new BPA agreement is not in place before the old BPA expires.

(8) A Statement of the Actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made:

The Contracting Officer will monitor market conditions for changes to overcome barriers to competition.

(9) Requirements Certification: I certify that the requirement outlined in this justification is a Bona Fide 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. I understand that processing of this limited sources justification restricts consideration of Federal Supply Schedule contractors to fewer than the number required by FAR Subpart 8.4. (This signature is the requestor’s supervisor, fund control point official, chief of service or someone with responsibility and accountability.)

Valerie Jenkins / Acquisition Utilization Specialist/ NCO5 / Date

(10) Approvals in accordance with the :

a. Contracting Officer’s Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Joseph Krupa/Contracting Officer/NC05/Date

b. One Level Above the Contracting Officer (Required over the SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition.

Phillip Duba/Branch Chief/NC05/Date

HIGHER LEVEL APPROVAL (Required for orders over $750,000):

c. VHA RPO HCA Review and Approval (over $750,000 to $75 million): I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and approve for restricting consideration of the Federal Supply Schedule contractors to fewer than the number required by FAR Subpart 8.4.

Joseph P. Maletta/Date Executive Director, Regional Procurement Office – East (RPO-E) Effective Date: 02/01/2022 Page 8 of 8