J_A - VSMS Final 36C77620F0031.pdf

VHAPM Part 808.405‐6 Limiting Sources Page 1 of 4 Original Date: 08/30/2017 Revision 02 Eff Date: 02/21/2020

LIMITED SOURCES JUSTIFICATION

ORDER >SAT

FAR PART 8.405‐6

Acquisition Plan Action ID: 36C77620AP1979

(1) Contracting Activity: Department of Veterans Affairs, Program Contracting Activity Central, 4401 D Meramec Bottom Road, St. Louis, MO 63129. Purchase Request Number (i.e. 2237):

777‐20‐2‐6702‐0028.

(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). Veterans’ Healthcare Administration (VHA) Employee Education System (EES) Simulation Learning, Education and Research Network (SimLEARN) is requesting to acquire software and hardware maintenance and support services for the current Video Simulation Management System (VSMS). This software and hardware maintenance and support service is available on GSA and will will be awarded as a new firm‐fixed‐price base contract with four option years on Contract GS‐35F‐

227BA.

Order against: FSS Contract Number:GS‐35F‐227BA Name of Proposed Contractor: Education Management Solutions Street Address: 436 Creamery Way, Suite 300 City, State, Zip: Exton, PA 19341, USA Phone: 610‐701‐7002 Ext. 318

(3) Description of Supplies or Services:

The estimated period of performance is 9/20/2020 – 9/19/2021 with four option years.

The Video Simulation Management System (VSMS) at the SimLEARN National Simulation Center (NSC) is a SIMULATIONiQ Enterprise solution comprised of 1,500 pieces of equipment that includes SIMULATIONiQ learning management system software, the SIMULATIONiQ Audio Visual (A/V) Viewer software and an array of over 130 HD cameras, audio equipment and software integrating an array of high‐fidelity medical simulation training manikins. The system collects performance data across all hardware inputs, and provides a platform for recording, debriefing and educational assessment for all training activity taking place in the SimLEARN National Simulation Center. This VSMS maintenance and support service for the SIMULATIONiQ audio video and learning management system shall include software and hardware diagnostic, repair and replacement, VSMS product and system training, system health check and reports, help desk and system.

VHAPM Part 808.405‐6 Limiting Sources Page 2 of 4

Revision 02 Eff Date: 02/21/2020

(4) Identify the Authority and Supporting Rationale

FAR 8.405‐6(a)(1)(A): An urgent and compelling need exists and following the ordering procedures would result in unacceptable delays:

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 VSMS is a highly specialized system that covers over 1,500 pieces of equipment that is fully integrated throughout the NSC. This system is operated by a proprietary software, SIMULATIONiQ developed by EMS. The VSMS at the NSC is a SIMULATIONiQ Enterprise solution comprised of the SIMULATIONiQ learning management system software, the SIMULATIONiQ A/V Viewer software and an array of over 130 HD cameras, audio equipment and software integrating an array of high‐fidelity medical simulation training mannequins. The system collects performance data across all hardware inputs, and provides a platform for recording, debriefing and educational assessment for all training activity taking place in the SimLEARN NSC. EMS is the sole authorized provider for SIMULATIONiQ maintenance and support services.

Additionally, these items are peculiar to only one manufacturer as proprietary data limits competition. The proprietary data is: SIMULATIONiQ.

FAR 8.405‐6(a)(1)(C): 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.

FAR 8.405‐6(b): Items peculiar to one manufacturer:

A patent, copyright or proprietary data limits competition. The proprietary data is:

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.

(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:

Education Management Solutions, LLC. is the only firm capable of providing the services described in Section 3 above without the Veteran’s Health Administration experiencing substantial duplication of cost that could not be expected to be recovered through competition and unacceptable delays in fulfilling its requirements. Modification of the proprietary software solution by any other company will void all warranties and maintenance agreements.

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Revision 02 Eff Date: 02/21/2020

GSA has already determined the prices of fixed‐price services under schedule contracts to be fair and reasonable. EMS’s SIMULATIONiQ maintenance and support services are proprietary and the prices for these services have been determined by GSA to be fair and reasonable.

Prior to award, the final price proposed by EMS will be evaluated to determine fair and reasonableness in accordance with FAR 8.405‐2(d).

(6) Describe the Market Research Conducted among schedule holders and the results or a statement of the reason market research was not conducted:

Market research was conducted from the 19th of February 2020 thru the 16th of March 2020 by the program office and May‐June 2020 by contracting. The following techniques were used to conduct a market research:

a. Contacting knowledgeable individuals in Government and industry regarding market capabilities to meet requirements.

b. Reviewing the results of recent market research undertaken to meet similar or identical requirements.

c. Querying the Governmentwide database of contracts and other procurement instruments intended for use by multiple agencies available at https://www.contractdirectory. gov/contractdirectory/ and other Government and commercial databases that provide information relevant to agency acquisitions.

d. Reviewing catalogs and other generally available product literature published by manufacturers, distributors, and dealers or available on‐line.

e. Reviewing previous acquisition history.

f. Publishing formal requests for information (RFI) to numerous VIP and GSA vendors.

g. Publishing a sources sought 36C77620Q0090.

h. Emailing all SDVSOB vendors available on VIP.

i. Verifying vendor eligibility in SAM.

Customer market research included a posting of an RFI/SSN on VIP using NAICS Code 541511 to 62 random vendors. None of the 62 VIP vendors responded nor showed applicable capabilities to fulfill the needs of the government. Although there are a multitude of vendors listed under that NAICS code, none replied that were able to provide the proprietary software and equipment coverage needed for VSMS. The customer posted an additional RFI/Sources Sought on GSA (RFQ1415524) to 30 Small Businesses from 2/24/2020 – 3/6/2020. No vendor replied with the capability to provide the service without partnering with EMS.

Customer‐based market research concluded that Education Management Solutions (EMS), LLC is the only authorized developer and source for maintaining the proprietary

SIMULATIONiQ software and hardware solution that is currently installed at the NSC.

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Revision 02 Eff Date: 02/21/2020

A sources sought was posted in May 2020 by the Contracting Officer to find additional vendors to satisfy the requirement. In June 2020, all SDVOSBs under NAICS 541511 were queried for capability. Ten (10) responses were received and only one (1) WOSB (EMS) was found capable of fulfilling the government need.

EMS is the incumbent and PIE is their subcontractor on the current effort. An additional eleven (11) vendors responded to the Contracting Officer’s email query; nine (9) SDVOSBs and two (2) 8a firms. All respondents were found incapable of fulfilling the requirement as the incumbent is needed to maintain the current software. The Contracting Officer also received fourteen (14) responses from SDVOSBs stating that they were incapable of completing the requirement namely because the Government is requesting maintenance to the current software.

(7) Any Other Facts Supporting the Justification: All supporting information has been provided in previous sections of this justification.

(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: As stated in this limited source justification, sources sought notice responses were received from the vendor community and more information was requested from these vendors. The VSMS maintenance and support service for the SimLEARN Center is Orlando, FL is proprietary to EMS, and none of the other sources sought notice respondents could provide an authorized letter from EMS authorizing their business to provide these services.

(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.