36F79718D0369 36C26020N0483_1.docx

Contract Opportunity Justification and Approval Notice

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* = Required Field Contract Opportunity Justification and Approval Notice J065 ME - Anesthesia Record Keeping System

VISN 20 648-C05330

CS: Robert Hamilton POP: 12 July 2020 - 11 July 2021 (Base + 4 Options) 98662 36C26020N0483 N 811219 Department of Veterans Affairs Network Contracting Office 20 5115 NE 82nd Ave, Suite 102 Vancouver WA 98662 Contracting Officer Robert Hamilton robert.hamilton8@va.gov 36F79718D0369 $644,229.00 06-08-2020

DRAEGER, INC.

3135 QUARRY RD

TELFORD

PA

18969

LIMITED SOURCES JUSTIFICATION

ORDER >SAT FAR PART 8.405-6

Acquisition Plan Action ID: 36C260-20-AP-1600

(1) Contracting Activity: Department of Veterans Affairs, Regional Procurement Office West, Network Contracting Office 20 on behalf of VISN 20. 2237: 648-20-2-9964-0045.

(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). This is a firm-fixed price, base plus 4 option year contract for Anesthesia Record Keeping (ARK) services. This contract will provide hardware and software updates VISN 20 facilities.

Order against: FSS Contract Number: 36F79718D0369

(3) Description of Supplies or Services:

The estimated value of the proposed action is $1,933,678.28

This is a VISN funded, VISN Wide procurement for Anesthesia Record Keeping (ARK) System services for seven VISN 20 facilities, various CBOCS and teaching facilities within VISN 20. The ARK system is currently installed and will eventually be phased out at Cerner takes over this requirement. The main servers are located at the Seattle VAMC and Vancouver Campus which is situated in Seattle Washington and Vancouver Washington. The equipment is currently installed there and feeds out to all the VISN 20 sites. The Contractor shall perform all 24x7 proactive Draeger Innovian ARK monitoring, remote and/or on-site maintenance, scheduled upgrades, preventive maintenance, unscheduled repairs, corrective maintenance and technical support of all software and all hardware listed in Draeger Inventory List, including all software version changes, upgrades, updates, patches, enhancements, corrections and new releases during the performance period at each location.

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

VHAPM Part 808.405-6 Limiting Sources Original Date: 08/30/2017 Revision 02 Eff Date: 02/21/2020 Page of

(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 service.

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: The facilities listed in the table have the ARK system installed. This system is proprietary to Draeger, Inc, and, as such, there is only one source that can provide for this requirement. There is currently a short-term bridge in place, which is due to expire on July 9, 2020, so this service is necessary to continue provide continuity of service. The large business manufacturer Draeger had the last long-term VISN 20 contract (3C26019P0535) which expired 26 Feb 2020 and is has the proprietary rights on the hardware and software. Since this system is being replaced by Cerner, to seek a replacement system, in the interim, would entail a multi- faceted transition thus opening significant risk to the VA medical centers through cost, time and most important interruptions in patient care. The ARK system is unique and provides the ability for the anesthesiology and medical clinicians to obtain records of archived, saved and new charts. This service is vitally important for proper treatment and execution of decision making on behalf of medical staff for VISN 20.

(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: Draeger provides the best solution for this service. They are the only company authorized to provide hardware and software updates to the ARK system. Draeger has been providing this type of service to the various other VA VISNs:

36C25920C0088 – Awarded: 04/15/2020 for $1,220,921.46. For ARK service at the same cost, but for fewer facilities.

The NAC competed the overarching FSS contract, therefore competition and subsequent award presumes best value at a fair and reasonable cost. Additional discounts were asked for, in accordance with FAR 8.405-4, but none were provided. As a result, the Contracting Officer has determined that the anticipated cost will be fair and reasonable and represents the overall best value to the Government.

(6) Describe the Market Research Conducted among schedule holders and the results or a statement of the reason market research was not conducted: The ARK System is being replaced through the implementation of Cerner. This contract is to provide sunset coverage for VISN 20 facilities that have the ARK system in operation. As each facility is transitioned to Cerner, the value of this action will decrease until all facilities have been converted over and the ARK System is no longer in operation. No additional market research was taken as it would not be feasible to replace the ARK system with another system, when the VA has already invested in the Cerner replacement and have a replacement schedule in place supporting VISN 20.

(7) Any Other Facts Supporting the Justification: When the original contract was put in place, it took Drager over 2 years to transition to the operating system the facilities have. It is unreasonable to assume that a contractor other than the incumbent would be able to be to take over services.

(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 ARK System is being replaced by Cerner and this contract is to provide sunset coverage for those facilities that have the ARK system in place. There is no action being taken to remove any barriers as the ARK system is being replaced.

(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.

Michael

F.

McDonald

Digitally signed by

Michael

F.

290364 McDonald 290364 Date: 2020.04.29 08:11:14 -07'00' Michael McDonald Supervisor, Biomedical Engineering VISN 20

(10) Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

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

Robert W. Hamilton 902204 Robert Hamilton Contracting Officer

Digitally signed by Robert W. Hamilton 902204 Date: 2020.04.28 13:58:44 -07'00'

Page 1 of Network Contracting Office 20 (NCO 20)

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.

Page 1 of Stephen D. Allen

Digitally signed by Stephen D. Allen 1565216

Page 1 of 1565216 Date: 2020.05.01 13:31:12 -07'00' S. Dale Allen Director of Contracting Network Contracting Office 20 (NCO 20)

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

c. VHA RPO 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.

Page 1 of

CURTIS M JORDAN 597130

Curtis M. Jordon

Digitally signed by CURTIS M JORDAN 597130 Date: 2020.05.04 19:07:33 -06'00'

Executive Director, Regional Procurement Office West Head of Contracting Activity (HCA) Page 1 of image1.png image2.png