HHSN316201500034W-012.pdf

VHAPM Part 816.5—Indefinite-Delivery Contracts Attachment 1: Request for Exception to Fair Opportunity Memo Format

VHAPM Part 816.5—Indefinite-Delivery Contracts Page 1 of 4 Original Date: 08/30/2017 Date: 03/11/2019 Rev 02

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval

For

Exception to Fair Opportunity Memo

Acquisition Plan Action ID: 36C260-19-AP-4052

1. Contracting Activity: Department of Veterans Affairs, NCO 20, procuring for VISN 20 utilizing purchase request 101-19-3-5059-0082.

2. Description of Action: This sole source task order, 36C26019F0435, against parent IDIQ GWAC HHSN316201500034W held by Four Points Technology, LLC., is for a one-year firm fixed price effort for interfacing existing Alaris infusion pumps to Cerner Electronic Medical Records (EMR).

3. Description of Supplies or Services: This contract action is to provide an interface to Alaris infusion pumps to Cerner EMR. The Alaris EMR Integration requires servers and services to ensure that the production and non-production environment consisting of Alaris System Manager and CareFusion

Coordination Engine can communicate with the Cerner EMR. The contractor will ensure that the system developed can communicate with the VHA Cerner Baseline and the VISN 20 Alaris System manager. The

Contractor will also conduct integration and system testing of the Alaris application to include conducting site surveys, installation of the software on the user system, system administrator testing, and user business process training. The total estimated value of the procurement is $1,984,604.87.

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) Subpart 16.505 Subpart

16.505(b)(2)(i):

(x) FAR Subpart 16.505(b)(2)(i)(A): The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

() FAR Subpart 16.505(b)(2)(i)(B): 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 Subpart 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 contract, provided that all awardees were given a fair opportunity to be considered for the original order.

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

( ) FAR Subpart 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

VHAPM Part 816.5—Indefinite-Delivery Contracts Page 2 of 4 Original Date: 08/30/2017 Date: 03/11/2019 Rev 02

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).

( ) FAR Subpart 16.505(b)(2)(i)(F) In accordance with section 1331 of Public Law 111-240 (15 U.S.C.

644(r)), contracting officers may, at their discretion, set aside orders for any of the small business concerns identified in 19.000(a)(3). When setting aside orders for small business concerns, the specific small business program eligibility requirements identified in part 19 apply.

5. Rationale Supporting Use of Authority Cited Above: This procurement represents the first phase of the Cerner Integration project that will be rolled out nationally. The cascading effect of any delay could hinder the national project up to twelve months and potentially damage public trust in the Department of Veterans Affairs.

Furthermore, the BD Alaris Infusion System is the only infusion pump system that is approved by the

FDA to communicate with the Cerner EMR. The award of this procurement allows for the infusion system to be interfaced with Cerner at the Go-Live for the IOC sites.

6. Efforts to Obtain Competition: Due to the urgent status of this procurement, no action was taken to promote competition and the requirement was not competed amongst contract holders or solicited on

FBO. In accordance with FAR 5 and 16 requirements, this action will be synopsized after award on

Federal Business Opportunities (FBO) and the justification will be made publicly available.

7. Actions to Increase Competition: Future phases of this project can be competed amongst contract holder and authorized dealers of the required items and services. Furthermore, the Government will continue to conduct market research to ascertain if there are changes in the market place that would enable future actions to be further competed.

8. Market Research: The Government’s technical experts conducted market research by reviewing other similar software and infusion systems. This market research is an ongoing process starting in 2018 and continuously being conducted, as recently as May 2019. The other similar software and infusion systems reviewed included Baxter, Hospira, B. Braun and Abbot. Based on reviews of these products, the Government’s technical experts determined that none of these products can meet the

Government’s interoperability and compatibility requirements with Cerner. Additionally, VA HTM

Subject Matter Experts regularly review industry trade publications and conduct internet research to ascertain if any other brand name software is available. Based on these market research efforts, the

Government’s technical experts have determined that only BD Alaris brand name software can meet all of VA’s needs.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/19.htm#P3_64

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9. 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.

Michael McDonald Date Chief, Biomedical Engineer VISN 20 Healthcare Technology Management (HTM)

10. Determination that Anticipated Cost is Fair and Reasonable: Before this multiple award GWAC contract was awarded, price analysis was conducted in accordance with FAR 15.305(a)(1), and adequate competition was established in accordance with FAR 15.403-1(c)(1)(i)(B) to ensure that a fair and reasonable price is paid by the Government. The pricing for GWAC HHSN316201500034W represents a discount off of the vendor’s list price and has already been determined fair and reasonable at time of contract award. Furthermore, the vendor extended a further price discount of $30,000.00 off of item

Care Coordination Engine CCE-P.

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

Jacob Jackson Date Contract Officer NCO 20, Services 2 JA Tracker: 2019-07-11T06:37:47

12. Approvals in accordance with VHAPM Part 816.505 Indefinite Delivery Contracts: Ordering.

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

Stephen Dale Allen Date Director of Contracting

Network Contracting Office 20 (NCO 20)

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

https://vaww.pclo.infoshare.va.gov/PCLO/PMWeb/VHAPM_Part_816.505.aspx

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b. VHA SAO HCA REVIEW AND APPROVAL (over $700,000 to $13.5 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 other than full and open competition.

Curtis Jordan Date Executive Director, Regional Procurement Office West Veterans Health Administration

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