P03 Exception to Fair Opportunity - SEWP_CO SIGNED.pdf

Request for Exception to Fair Opportunity Memo Format

Effective Date: 12/30/2025 Page 1 of 5 Revision: 03 Acquisition ID#: 36C262-27-AP-0164

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval

For

Exception to Fair Opportunity Memo

Acquisition Plan Action ID: 36C262-27-AP-0164

1. Contracting Activity: Department of Veterans Affairs, VISN 22, Network Contracting Office 22 (NCO22) in Long Beach, CA, seeks to procure the TheraDoc Clinical Surveillance/Decision Support Tool Software purchase request # 644-27-1-1015-0002 for the Phoenix VA Healthcare System

(PVAHS).

2. Description of Action: The proposed sole-source task order against NASA SEWP Contract Number NNG15SD34B is for a one-year firm-fixed-price (FFP) effort for the continued provision, licensing, maintenance, and support of TheraDoc clinical monitoring, and intervention software. This action requests a sole-source task order (brand-name / single-award exception to fair opportunity) to issue a bridge contract to Document Storage Systems, Inc. (DSS, Inc.). This action continues real-time clinical surveillance and decision support services from November 2026 through April 2028.

3. Description of Supplies or Services: TheraDoc is a clinical monitoring and intervention software service used by the Phoenix VAMC Pharmacy to support medication safety and patient care. It provides clinical staff with immediate, real-time patient lists, medication-safety alerts, drug-interaction monitoring, adverse-drug-event surveillance, antimicrobial stewardship support, patient worklists, and identifies patients requiring intervention based on current best-practice guidelines and facility-defined criteria. The system supports monitoring for drug interactions, adverse drug events, antimicrobial-related concerns, and other medication-management issues. Its intended use is to help authorized clinical staff prioritize, document, and manage timely interventions while supporting—not replacing—professional clinical judgment. and clinical intervention documentation for the Phoenix VA Medical Center located at 650 E Indian School Road Phoenix, AZ 85012-1839.

[ Period of Performance is from 11/11/2026 to 11/10/2027. Estimate: $301,220.39

4. Statutory Authority: The statutory authority permitting an exception to fair opportunity is Section 41 U.S.C. 4106(c) as implemented by the Federal Acquisition Regulation (FAR) 16.505(b)(2)(i( ) FAR 16.505(b)(2)(i)(A):

(X) RFO Part 16.507-6(b)(2): 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.

( ) FAR 16.505(b)(2)(i)(C): The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the

Effective Date: 12/30/2025 Page 2 of 5 Revision: 03 Acquisition ID#: 36C262-27-AP-0164 contract, provided that all awardees were given a fair opportunity to be considered for the original order.

( ) FAR 16.505(b)(2)(i)(D): It is necessary to place an order to satisfy a minimum guarantee.

( ) FAR 16.505(b)(2)(i)(E): For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source”. The statutory authority permitting an exception to fair opportunity for this action is 38 U.S.C. 8127(c), known as the Veterans First Contracting Program which provides the authority to directly contract with a Service-Disabled Veteran-Owned Small Business (SDVOSB) or a Veteran-Owned Small Business

(VOSB).

5. Rationale Supporting Use of Authority Cited Above:

• Incumbent Status & Operational Continuity: TheraDoc is already fully installed, configured, and actively operational at the facility, deeply embedded into daily clinical pharmacy and infection control workflows.

• The Bridge Requirement (Nov 2026 – April 2028): The facility is scheduled to go live with the enterprise-wide Oracle Health Electronic Health Record Modernization (EHRM) system in April 2028, under the VA-wide contract awarded to Oracle.

• Congressional Mandate for EHRM: The VA-wide transition to the Oracle Health EHR system is a mandatory, congressionally-directed enterprise transformation aimed at establishing a single, interoperable federal electronic health record across the VA and Department of Defense (DoD).

• Unacceptable Transition Delay: The alternative equal software identified in market research is PraediaAlert, developed by Bitscopic. Procuring and transitioning to PraediaAlert (or any non-incumbent system) would require an estimated up to 6 months to install, interface, security-acCREDIT (FedRAMP/ATO), and clinically validate. Transitioning now—only to dismantle or replace it again when the mandatory Oracle EHR rolls out in April 2028—would create a severe gap in infection surveillance, risk patient safety, and waste government resources.

6. Efforts to Obtain Competition:

• In accordance with FAR 16.505, market research was evaluated across NASA SEWP contract holders. Because the requirement is strictly temporary (a bridge to the April 2028 Oracle EHRM deployment) and the alternate product (Bitscopic’s Praedialert) requires up to 6 months of standalone implementation and validation, conducting a competitive fair opportunity solicitation among other vendors would force a lapse in critical infection tracking tools.

• Therefore, competition was restricted to the incumbent (DSS, Inc.) for this specific transition window.

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7. Actions to Increase Competition:

• This requirement is a short-term, finite bridge action concluding upon the enterprise go-live of the congressionally mandated Oracle Health EHR system in April 2028.

• Long-term clinical surveillance functionality will be subsumed or native-integrated into the enterprise Oracle Health platform. Thus, no permanent barrier to competition exists beyond this mandatory migration window.

8. Market Research:

• Market research was conducted regarding clinical surveillance software options compatible with VA clinical workflows.

• Identified solutions included:

1. TheraDoc Clinical Surveillance (DSS, Inc. / Premier) – Currently deployed and operational at the facility, requiring zero setup time.

2. Praedialert (Bitscopic) – Recognized as an alternative clinical surveillance solution, but requiring a estimated 6-month timeline for facility installation, data mapping, and validation.

3. Market findings confirm that only the incumbent (DSS, Inc.) can maintain uninterrupted, zero-downtime clinical surveillance coverage through the interim period leading up to the April 2028 Oracle EHR migration.

9. Other Facts:

The overarching VA-Oracle EHRM program (transitioning VistA to Oracle Health) operates under congressional oversight and massive enterprise restructuring, with an expanded program scope/ceiling under modified agreement terms. Maintaining TheraDoc via DSS, Inc. prevents a dangerous blind spot in hospital infection control and antimicrobial stewardship during this transition.

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.

Date

Name Title Facility

10/6/26

DRAGAN

MILANOVICH

Digitally signed by

DRAGAN MILANOVICH

Date: 2026.10.06 08:32:55 -07'00'

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11. Determination that Anticipated Cost is Fair and Reasonable: Based on a detailed comparison of the proposed pricing with the pricing previously awarded under Contract No. NNG15SD34B, Task Order No. 36C25821F0079, the proposed price is determined to be fair and reasonable. This determination is supported by the similarity of the requirements, scope of work, and pricing structure associated with the prior award. Accordingly, the proposed price is considered acceptable and in the best interest of the Government.

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

Date

Name Title Facility