GS-35F-0408X-002.pdf

VHAPM Part 808.405-6 Limiting Sources Attachment 2: Request for Limited Sources Justification Format >SAT

VHAPM Part 808.405-6 Limiting Sources Page 1 of 7 Original Date: 08/30/2017 Revision 01 Eff Date: 04/23/2018

LIMITED SOURCES JUSTIFICATION

ORDER >SAT

FAR PART 8.405-6

Acquisition Plan Action ID: 36C255-19-AP-1400, AcuStaf Labor Management System

1. Contracting Activity: Department of Veterans Affairs, VISN 15 The following facilities, within VISN 15, have an identified need for AcuStaf Labor Management System.

• VA Medical Center, 800 Hospital Drive, Columbia, MO 65201-5275

• VA Medical Center, 1500 N. Westwood Boulevard, Poplar Bluff, MO 63901-3318

• VA Medical Center, 4801 East Linwood Boulevard, Kansas City, MO 64128-2226

• VA Medical Center, 2401 West Main Street, Marion, IL 62959-1188

• VA Medical Center, 5500 Kellogg Avenue, Wichita, KS 67218-1607

• VA Medical Center, 2200 Gage Boulevard, Topeka, KS 66622-0001

• VA Medical Center, 4101 S. 4th Street, Leavenworth, KS 66048-5014

• VA Medical Center, 1 Jefferson Barracks Drive, St. Louis, MO 63125-4199

• VA Medical Center, 915 North Grand Boulevard, St. Louis, MO 63106-1621

2. Description of Action: This acquisition is conducted under the authority of the Multiple- Award Schedule Program (41 U.S.C. 251 and 40 U.S.C. 501). This is a new requirement for a proposed sole source, FAR Part 8, which requires a justification using the format of FAR 8.405-6. This requirement is for a Blanket Purchase Agreement (BPA) with AcuStaf Development Corporation for a 12-month base period and four (4) 12-month options with a firm-fixed price for patented AcuStaf Labor Management System for VISN 15. At Appendix A is the vendor’s Federal Supply Schedule (FSS) contract is GS-35F-0408X with an award date of May 25, 2016 – May 24, 2021 and offers the software within the boundaries of their FSS contract. The AcuStaf Labor Management System are patented, and AcuStaf Development Corporation is the only authorized vendor capable of providing this AcuStaf Labor Management System.

Order against: FSS Contract Number: GS-35F-0408X [5/25/2016 - 5/24/2021]

Name of Proposed Contractor: AcuStaf Development Corporation

Street Address: 7900 International Drive Suite 710

City, State, Zip: Bloomington, MN 55425-2556

Phone: 982-831-4122 https://www.gpo.gov/fdsys/pkg/USCODE-2009-title41/pdf/USCODE-2009-title41-chap4-subchapIV-sec251.pdf https://www.gpo.gov/fdsys/pkg/USCODE-2011-title40/pdf/USCODE-2011-title40-subtitleI-chap5-subchapI-sec501.pdf

VHAPM Part 808.405-6 Limiting Sources Page 2 of 7 Original Date: 08/30/2017

3. Description of Supplies or Services:

The estimated value of the proposed action is $.

This is a new requirement and based on past AcuStaf Labor Management System, an annual need of AcuStaf Labor Management System was projected.

Scheduling Software is used for an automatic system that will assist the manager in matching the changing care needs of the patients to the appropriate staffing level based on the patient condition and the amount of nursing required to manage the care of each patient.

Hospital based staffing requires 24-hour coverage per day, 7 days per week. Nursing staff work a variety of shifts that require an hourly rate increase, and contract/agency and travel nurses all have different compensation requirements. Therefore, a Staff Scheduling system needs to accurately correlate and calculate time and cost by work unit, nurse's type and pay variables.

Nurse Executives need data to plan for current and future staff needs and costs; this system gives them the tools to help manage their workforce. Multiple standardized reports are needed as well as the ability to create ad hoc reports.

Monthly software per year includes:

• Use of scheduling software application

• Maintenance of software application

• Software Upgrades and Enhancements

• Access to General and Custom Reports

• Educational Materials

• Technical Support

The Contractor shall provide all labor, supplies, equipment, maintenance, information technology and supervision necessary to provide Nurse Scheduling AcuStaf Labor Management

System to the identified contracting activities. The estimated cost is $492,192.00 for the base year and $2,460,960.00 for the total contract term including all option years.

Base Year

Option Year 1

Option Year 2

Option Year 3

Option Year 4

Base & Options

VHAPM Part 808.405-6 Limiting Sources Page 3 of 7 Original Date: 08/30/2017 Revision 01 Eff Date: 04/23/2018

(4) IDENTIFY THE AUTHORITY AND SUPPORTING RATIONALE (see 8.405-6(a)(1)(i)(A), (B), and

(C) or 8.405-6(b)), AND IF APPLICABLE, A DEMONSTRATION OF THE PROPOSED

CONTRACTOR’S UNIQUE QUALIFICATIONS TO PROVIDE THE REQUIRED SUPPLY OR SERVICE.

(CHECK ALL THAT APPLY AND COMPLETE)

An urgent and compelling need exists, and following the ordering procedures would result in unacceptable delays.

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;

The AcuStaf Labor Management System utilizes an HL7 interface with Veterans Health Information Systems and Technology Architecture (VistA) that brings in real-time Admit, Discharge, and Transfer information. Utilizes and Human Resources (HR) interface (PAID 450, PAID 200) that brings in several points of data validation for VA Nursing Outcomes Database (VANOD) including series, position, grade, step, licensure information, EOD, degrees, other schooling, Budget Object Code (BOC), ALBCC, Occupation Series Code and Office of Nursing Service (ONS) to create strategic plans based on retrievable and accurate date.

The software is proprietary and highly specialized. The system provides automated data extraction tools that are necessary to effectively assign staffing resources, monitor standards of care, and pull from systems that already have the data entered in them to avoid duplicate effort and to feed the other downstream data systems.

Hospital based staffing requires 24-hour day coverage, 7 days a week. Nursing hours worked frequently involve a variety of shifts that require an hourly rate increase; in addition, contracts/agency nurses all have different compensation requirements. Therefore, a resource management system needs to accurately correlate and calculate time and cost by work unit, nurse position type, and pay variables.

Nurse Executives need data to plan for current and future staffing needs and costs which requires tools to help them manage their workforce. Multiple standardized reports are needed as well as the ability to create reports.

Accordingly, AcuStaf is the only firm capable of providing the supplies and services described in Section above without the Veteran’s Health Administration experiencing substantial duplication of cost that could not be expected to be recovered through competition. I recommend sole source award to AcuSta Development Corporation a Veteran Owned Small Business (VOSB).

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.

Items peculiar to one manufacturer:

A patent, copyright or proprietary data limits competition. The proprietary data is: (If FAR 8.405-6(a)(2)iii before posting. Do not include specific proprietary data.

https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%208_4.html#wp1091891 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%208_4.html#wp1091891

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Only mention the type of equipment, procedure, etc. to show that proprietary supplies or services are being procured.)

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. Describe the equipment/function you have now and how the new item/service must coordinate, connect, or interface with the existing system.

(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: GSA has determined the prices for AcuStaf Labor Management System offered, under their FSS contract GS-35F-0408X, is fair and reasonable. VISN 15 has historical data from previous contract number GS-35F-0408X VA255-14-F-5459 and IGCE.

(6) DESCRIBE THE MARKET RESEARCH CONDUCTED AMONG SCHEDULE HOLDERS AND THE

RESULTS OR A STATEMENT OF THE REASON MARKET RESEARCH WAS NOT CONDUCTED: IAW

Rule of Two, PPM 2016-05 Veterans First Program, a search for Veteran-Owned small businesses was posted to SEWP under RFQ # 128525 Scheduling Software resulted in 2 SDVOSB with the following findings:

• On 8-13-2019 to 8-20-2019 posted a SDVOSB/VOSB set-aside RFQ to SEWP with the following results. SEWP displayed 3 vendors available for requested scheduling software.

• On 8-20-2019 I called Four Points to inquire about them being a re-seller of the AcuStaf software currently in use or equal product. “AcuStaf is no longer authorizing SDVOS/VOSB or

Small business to re-sell their software and Four Points currently do not have any scheduling program to meet the needs of this requirement.”

• On 8-20-2019 contacted Cynergy Professional Systems, LLC to inquire about them being a re-seller of the AcuStaf software currently in use or equal product. I was informed by a Sales

Rep that AcuStaf is no longer authorizing SDVOSB/VOSB to re-sell their software and they do not currently have a scheduling software that meets this requirement.

A search of GSA keyword Labor Management Solutions resulted in one (1) small business vendor that met the requested criteria AcuStaf Development Corporation.

A Special Notice of intent to award a sole source contract to VISN 15 VA Medical Centers

(36C25519Q0777) was posted on FBO 8/28/2019 through 9/4/2019. The contracting officer received zero (0) responses or objections to include no responses from SDVOSB or VOSB concerns.

Based on an analysis of the market research, the contracting officer does not have a reasonable expectation that two or more small business concerns owned and controlled by service-disabled

VHAPM Part 808.405-6 Limiting Sources Page 5 of 7 Original Date: 08/30/2017 Revision 01 Eff Date: 04/23/2018 veterans or veterans will submit offers and that the award can be made at a fair and reasonable price that offers best value to the United States.

(7) ANY OTHER FACTS SUPPORTING THE JUSTIFICATION:

VISN 15 is currently using AcuStaf to accurately manage data related to Staffing Methodology and provide the historical staffing information required by governing and regulatory agencies.

AcuStaf Scheduling Software offers:

• Appropriate response to the fluctuations in patient census and acuities by using embedded decision support tools.

• Adequate staffing levels based on patient acuity and other care related variables.

• Collection of nationally comparable hours per patient day (HPPD) data.

• Collection of data to prepare budge and reports, develop strategic plans, and improve hiring process.

• Compliance with various regulatory mandates for staffing regulations.

• Ability to consolidate multiple administrative needs in one package (licensure, certifications, emergency notifications, etc.)

• Generation of predefined and adhoc reports.

• Self-scheduling ability (major nursing satisfier).

• Accurate accounting of contract/agency nursing utilization.

Utilizes HL7 interface with Vista that brings in real-time Admit, Discharge, and Transfer information.

Utilizes an HR interface that brings in several points of data validation for VANOD including series, position, grade, step, licensure information, EOD, degrees, other schooling, BOC, ALBCC, Occupation Series Code and more.

AcuStaf Scheduling Software is currently in place and functioning for Patient Care Service Staff Scheduling.

AcuStaf Software was developed to provide and integrated system and automated data extraction tools that are necessary to effectively assign staffing resources, monitor standards of care, and pulled from systems that already have the data entered in them to avoid duplicate effort and to feed the other downstream data systems.

Acquisition History: On 8-28-2014 AcuStaf Development Corporation a small business at this time, was awarded a Firm Fixed Price Base, plus 4 Option Years contract VA255-14-F-5459 in the amount of

(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: Due to the proprietary nature of the software, no actions are available to remove or overcome the barriers that lead to restricted consideration for replacement of the AcuStaf Labor Management System. Market research will be conducted prior to subsequent acquisitions to determine if market conditions have changed allowing other contractors to provide scheduling software that meets the VISN 15 needs.

VHAPM Part 808.405-6 Limiting Sources Page 6 of 7 Original Date: 08/30/2017

(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.)

DATE

Administrative Officer Colmery-O’Neil VA Medical Center

(10) APPROVALS IN ACCORDANCE WITH THE VHAPM Part 806.3 OFOC SOP: This part if filled out by Contracting Staff as part of the Justification

a. CONTRACTING OFFICER’S CERTIFICATION (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Paul Dixon, Jr. DATE Contracting Officer Network Contracting Office (NCO) 15

b. One Level Above the Contracting Officer (Required over the SAT but not exceeding $700K): I certify the justification meets requirements for other than full and open competition.

Paul Hemenway DATE Branch Chief Supply Team B Network Contracting Office (NCO) 15

HIGHER LEVEL APPROVAL (Required for orders over $700,000):

https://vaww.pclo.infoshare.va.gov/PMWeb/VHAPM_Part_806.3.aspx https://vaww.pclo.infoshare.va.gov/PMWeb/VHAPM_Part_806.3.aspx

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c. Director of Contracting Review: I certify the justification meets requirements for other than full and open competition.

DATE

Director of Contracting (DOC) Network Contracting Office (NCO) 15

d. VHA SAO HCA REVIEW AND APPROVAL (over $700,000 to $68 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.

DATE

Executive Director VHA Regional Procurement Office (RPO) Central