J_A SIGNED - FINAL.pdf

DEPARTMENT OF VETERANS AFFAIRS

Office of Procurement, Acquisition and Logistics (OPAL) Strategic Acquisition Center – Frederick (SAC-F)

5202 Presidents Ct, Suite 103 Frederick, MD 21703

Justification and Approval (J&A) for Other than Full and Open Competition

6.302-5 -- Authorized or required by statute

1. Identification of the agency and the contracting activity.

This Justification and Approval (J&A) for Other Than Full and Open Competition is executed by the Strategic Acquisition Center – Frederick (SAC-F), on behalf of the Department of Veterans Affairs (VA), Veterans Health Administration (VHA), VA Maine Healthcare System (HCS).

2. Nature and/or description of the action being approved.

This activity proposes to negotiate a non-competitive award (sole-source) with Four Points Technology, LLC, a Service-Disabled Veteran-Owned Small Business (SDVOSB), for the procurement of an upgrade to the Pyxis system located throughout the VA Maine HCS main campus located in Augusta, ME (Togus Campus). This will upgrade the existing Pyxis 4000 platform to the new Pyxis ES platform.

3. A description of the supplies or services required to meet the agency’s needs.

The estimated value for this acquisition is $1,992,724.79, and the delivery date is 120 days After Receipt of Order (ARO).

The VA Maine HCS has Pyxis medication tracking and dispensing systems located throughout the Medical Center in areas such as; ED, SCU, PACU, 4N, 4S, 63, 71, 72, 73, Endo, Mental Health Clinic, IR, OR, 3N and 3S wards, etc.

This will upgrade the existing Pyxis 4000 platform to the new Pyxis ES platform.

a) This will entail replacing all Pyxis stations and auxiliary attachments, all servers, standalone workstations, QC stations as well as all peripherals to make the system fully functional.

b) This will entail the addition of 5 individual Pyxis anesthesia carts for each OR.

c) This will entail the addition of pharmaceutical grade Pyxis refrigerators with improved bin security rather than the smart remote managers currently in use that allow access to the entire refrigerator once unlocked.

d) The vendor is responsible for providing a ‘turn-key’ solution to include all hardware required to fully replace the existing Pyxis 4000 system in use at VA

Strategic Acquisition Center – Frederick (SAC-F)

Maine. This will include; installation, integration, data migration and application/user training.

e) The vendor is responsible for providing a project manager and a written implementation plan with dates within 30 days of contract award date. Installation shall begin within 120 days of contract award date, unless a later date is agreed upon by all parties.

f) The vendor will test the newly installed system with pharmacy and nursing after installation is completed and provide at least one day of onsite coverage to ensure equipment and network functionality after installation is complete.

g) Vendor will provide technical, space requirement & networking information to in-house technical staff to ensure all site preparation, integration issues are addressed.

h) Vendor will provide onsite training for the pharmacy super users.

Four Points Technology, LLC will provide all hardware, software, labor and training to fully implement the new system.

a) This will include any all equipment needed to ensure the system operates as designed.

b) This also includes additional cubies for pharmacy stock to reconfigure drawers as needed (at least 100 single/half height and 25 of the other sizes and styles, each).

c) The vendor will also ensure any data from the old system is migrated to the new system as needed.

d) The integration to the hospital network and resources required from the vendor, working with VA technical personnel.

e) The vendor will install the new equipment along with de-install and remove from the clinical area all equipment being replaced.

f) The VA will retain all hard drives and/or any storage systems that could store patient information (ePHI).

g) The vendor will provide superuser training required for the Pharmacy staff to sustain the system.

4. An identification of the statutory authority permitting other than full and open competition.

The statutory authority permitting other than full and open competition is 41 U.S.C.

Strategic Acquisition Center – Frederick (SAC-F)

§ 3304(a)(5) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302- 5 entitled, “Authorized or required by statute”. The applicable statute is Public Law 109- 461: “Veterans Benefits, Health Care, and Information Technology Act of 2006” specifically, the “Veterans First Contracting Program” outlined in 38 USC § 8127(c).

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

VAAR 819.7007 states explicitly, “A determination that only one SDVOSB can meet the requirement is not required,” and that using this authority, the following must be verified:

(1) The anticipated award price of the contract (including options) will not exceed $5 million;

The estimated value is $1,992,724.79 and does not exceed $5M.

(2) The justification prepared pursuant to FAR 6.302-5(c)(2)(ii) is posted in accordance with FAR subpart 5.301(d);

This J&A will be posted on Beta.Sam.gov.

(3) The SDVOSB concern has been determined to be a responsible source with respect to performance; and

Four Points Technology, LLC is a registered SDVOSB in the Vendor Information Pages (VIP) portal. Four Points Technology, LLC is familiar with the existing Pyxis system, and are one of the only authorized resellers to distribute Becton Dickinson and Company (BD), products. BD is the exclusive manufacture and provider of Pyxis products. Pyxis products are proprietary in nature, and only CareFusion Solutions, LLC (a wholly owned subsidiary of BD), owns the proprietary rights to the solution. However, Four Points Technology, LLC is able to distribute the following to include, but not limited to: Pyxis Med4000, Pyxis Pharmogistics ES Inventory Management System, Pyxis Carousel, Pyxis ES Project (Smart Remote Managers), Pyxis IV Prep Workflow, Pyxis Refrigerators, and Pyxis IV Prep Workstations. Four Points Technology, LLC’s Letter of Authorization for authorized distributor is attached to this J&A.

The existing Pyxis system is presently at the end of its life expectancy and is running on an obsolete operating system. The constraints with the operating system and inability to expand the system with the present hardware design require an outright replacement. This upgrade will allow a smooth transition to https://www.acquisition.gov/content/part-6-competition-requirements#i1119843 https://www.acquisition.gov/content/part-5-publicizing-contract-actions#i1120562

Strategic Acquisition Center – Frederick (SAC-F) enable sustainability and success. Failure to sole source to Four Points Technology, LLC will prevent VA Maine HCS from obtaining the required upgrade to effectively respond to Veteran’s needs.

(4) In the estimation of the contracting officer, contract award can be made at a fair and reasonable price that offers best value to the Government

FAR 16.505 procedures will be used for this procurement. The order will be placed under the National Institutes of Health (NIH) Information Technology Acquisition and Assessment Center (NITAAC) Governmentwide Acquisition Contract (GWAC), HHSN316201500034W. Fair and reasonable pricing has already been performed at the Indefinite-Delivery Indefinite Quantity (IDIQ) level, however, a fair and reasonable price determination will be made prior to award.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies.

IAW VAAR § 819.7007 Sole source awards to service-disabled veteran-owned small business concerns (b), “The contracting officer’s determination whether to make a sole source award is a business decision wholly within the discretion of the contracting officer. A determination that only one SDVOSB concern is available to meet the requirement is not required.”

7. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

No award shall be made until the Contracting Officer determines the cost to the Government to be fair and reasonable. This determination will be based on a comparison of an Independent Government Cost Estimate (IGCE). Additionally, the IDIQ level established price list has already been found fair and reasonable and further discounts will be sought off of the overall proposed price.

8. A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

Market research was conducted and Four Points Technology, LLC has been determined to be a responsible source with respect to performance. A VIP search was also conducted and 30 other SDVOSBs were found, however, none of the dispensers mentioned in their capability statements were Pyxis. Four Points Technology, LLC is registered and certified in VetBiz.gov as a SDVOSB with the NAICS code for this requirement which in accordance with Public Law 109-461 Section 502(c) meets the

Strategic Acquisition Center – Frederick (SAC-F) requirements of this statute to sole source to a SDVOSB. In addition, a review of their Representations and Certifications was conducted in the System for Award Management (SAM) and Four Points Technology, LLC represented that they are an

SDVOSB.

In addition, the Federal Awardee Performance and Integrity Information System (FAPIIS) was reviewed and FAPIIS shows no reports for Four Points Technology, LLC that would indicate defective pricing, instances of contractor fault or recipient not-qualified, terminations for cause, default or material failure to comply, or non-responsibility of the contractor.

9. Any other facts supporting the use of other than full and open competition.

In accordance with Public Law 109-461, codified at 38 USC § 8127, in order to increase contracting opportunities for small business concerns owned and controlled by veterans and small business concerns owned and controlled by veterans with service-connected disabilities, contracting officers of the VA are given specific statutory authority to award a contract to a small business concern owned and controlled by veterans using procedures other than competitive procedures (i.e. a “sole source” contract). The contracting officer may do so in accordance with VAAR 819.7007.

10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

Four Points Technology, LLC 14900 Conference Center Drive Chantilly, VA 20151

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

All future requirements will be handled on a case-by-case basis. Toward the expiration of this contract, consideration will be given as to whether the future acquisition should be competitive.

Strategic Acquisition Center – Frederick (SAC-F)

12. Certifications / Signatures.

Technical Representative Certification:

I certify that the foregoing justification is complete and accurate to the best of my knowledge and belief.

Christopher Parsons Date Contracting Officer Representative VA Maine Healthcare System

Contracting Officer Certification:

Pursuant to (FAR 6.303-2(a)(12)), I certify that this justification is accurate and complete to the best of my knowledge and belief.

Justin Cole Date Contracting Officer Strategic Acquisition Center- Frederick (SAC-F)

Competition Advocate Approval:

Upon the basis of the above justification, I hereby approve, as advocate for competition for the procuring activity, the solicitation of the proposed procurement described herein using other than full and open competition, pursuant to the authority of 38 U.S. Code 8127(c).

Adam Spacht Date Competition Advocate Strategic Acquisition Center

Attachment:

BD Letter of Authorization