J and A - Federal Supply Schedule - Solicitation 75H70420R0003 (VistA Imaging Hardware Support Services).pdf

Template for a Federal Supply Schedule (FSS) Limited-Sources Justification

Completion Instructions: HHS has established a standard template for the preparation of a Limited-Sources Justification (LSJ) pursuant to FAR Subpart 8.4. This template is for use with orders issued under the Federal Supply Schedule (FSS) program where the value exceeds simplified acquisition threshold and competition is restricted: (1) to fewer schedule contractors than required in FAR 8.405-1 or 8.405-2, or (2) to an item peculiar to one manufacturer. See FAR Subpart 8.4 for additional guidance. This template is not for use with acquisitions other than those under FAR Subpart 8.4.

Tailor all aspects of this template to the individual acquisition. Consult FAR 8.405-6 for guidance.

Delete the highlighted portions of this document prior to signature. Do not include these instructions in the final document or contract file.

FEDERAL SUPPLY SCHEDULE

LIMITED-SOURCES JUSTIFICATION

Acquisition Title: VistA Imaging Hardware Support Services

Agency: IHS

Acquisition Year: 2020

Author: Leslie White

2. Description of Action:

Nature: New Requirement Follow-on Requirement

Modification to Existing Purchase Order/Contract Number:

Pricing: Firm-Fixed Price Time & Materials Cost

Other:

Funds: OMA Other Funds: J9407LD

<For each proposed contractor if more than one (e.g., brand name):>

Name of Proposed Contractor(s): Perspecta Enterprise Solutions Llc

Street Address: 13600 EDS Dr A3S

City, State, Zip: Herndon, VA, 20171-3225

Remove ContractorAdd Contractor

3. Description of Supplies or Services:

The requirement is for a non-personal services contract for the support of computer hardware used at IHS facilities for imaging software called “Vista Imaging”. VistA Imaging (VI) supplies the multimedia component that completes the functionality of the RPMS Electronic Health Record. VI enables EHR users to view scanned documents and clinical images (photos, radiographs, etc.) that are linked to a patient's electronic record. It also provides Picture Archiving and Communication System (PACS) capabilities for the long-term storage of images.

The VistA Imaging application was written by VA and has been certified by the Food and Drug Administration (FDA) as a medical device. This FDA certification encompasses both the VistA Imaging application and the hardware/software configurations that make up the VistA Imaging operating environment. Due to VistA Imaging being an FDA Certified

Device, IHS requires dedicated VistA Imaging infrastructure support to provide rapid resolution to problems. This entails having a support center that is extremely proficient with the VistA Imaging hardware and software interface. This support will be specifically for the VistA Imaging hardware at the medical facilities and does not include access to the RPMS servers at the facilities.

The estimated value of the proposed action, including all options, is $ 250,000

Briefly describe the supplies or services to be provided, including make & model number where appropriate. Indicate whether the item to be procured is peculiar to one manufacturer (e.g., a particular brand name, product, or a feature of a product, peculiar to one manufacturer). If applicable, include quantities of supplies or period of performance for services. Provide information for any options included in the order. If the action is a modification to an existing order, distinguish clearly between the work covered by the basic order and the work to be obtained by the proposed modification.

Hardware Support Services.

Hewlett-Packard (HP) is the only vendor approved to sell the VistA Imaging equipment tier 1 FDA approved hardware configuration. To our knowledge, PERSPECTA ENTERPRISE SOLUTIONS LLC, which provides a support center and testing laboratory, is the only vendor approved by HP to provide support services. Utilization of an approved vendor ensures that the product’s warranty is maintained.

4. Authority:

ORDER AGAINST FSS: Authority of the Multiple Award Schedule Program, Title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251, et seq.); Title 40 U.S.C. 501, Services for Executive Agencies; and Section 803 of the National Defense Authorization Act of 2002 (PL 107-107) and implemented by FAR 8.405-6. Mark the applicable exception and for each discuss how the cited authority applies in accordance with FAR 8.405-6(c)(2)(iv).

An urgent and compelling need exists, and following the procedures would result in unacceptable delays (FAR 8.405-6(a)(1)(i)(A));

Only one source is capable of providing the supplies or services required at the level or quality required because the supplies or services are unique or highly specialized (FAR 8.405-6(a)(1)(i)(B)); or

HP is the only vendor approved to sell the VistA Imaging equipment tier 1 FDA approved hardware configuration. To our knowledge, PERSPECTA ENTERPRISE SOLUTIONS LLC, which provides a support center and testing laboratory, is the only vendor approved by HP to provide support services. Utilization of an approved vendor ensures that the product’s warranty is maintained.

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 or BPA must not have been previously issued under sole-source or limited sources procedures (FAR 8.405-6(a)(1)(i)(C)); or

An item peculiar to one manufacturer can be a particular brand name, product, or a feature of a product, peculiar to one manufacturer). A brand name item, whether available on one or more schedule contracts, is an item peculiar to one manufacturer. (FAR 8.405-6(b);

Describe in detail why a particular brand name, product, or a feature of a product, peculiar to one manufacturer must be used. Also, describe in detail the existence of other than the “Name Brand” product and discuss why they cannot be used.

5. Market Research:

Describe the extent of the market research conducted among the schedule holders and the results, or a statement of the reason that market research was not conducted. Brand name specifications shall not be used unless the particular brand name, product, or feature is essential to the Government’s requirements, and market research indicates other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency’s need.

Searched GSA eLibrary and conducted additional research in regard to HP's VistA Imaging equipment tier 1 FDA approved hardware configuration.

Hewlett-Packard (HP) is the only vendor approved to sell the VistA Imaging equipment tier 1 FDA approved hardware configuration. To our knowledge, PERSPECTA ENTERPRISE SOLUTIONS LLC, which provides a support center and testing laboratory, is the only vendor approved by HP to provide support services. Utilization of an approved vendor ensures that the product’s warranty is maintained.

6. Actions to Increase Competition:

Describe the actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration prior to any subsequent acquisition for the supplies or services is made. If no such actions have been taken, explain why.

If additional vendors are approved by HP to provide support services, the requirement will be competed.

7. Any other facts supporting the justification:

The VistA Imaging software was written by the VA and certified by the FDA as a medical device. This FDA certification encompasses both the VistA Imaging application and the hardware/software configurations that make up the VistA Imaging operating environment. This software is used in IHS hospitals and clinics throughout the United States of America.

To date, the IHS has purchased its VistA Imaging equipment from Hewlett-Packard (HP) which is the only vendor approved to sell the tier 1 FDA approved hardware configuration. The support and expertise for working with the HP equipment is provided by the Perspecta Enterprise Solutions Llc team for the procured VI hardware in use by IHS VistA Imaging Areas and patient care sites. Perspecta Enterprise Solutions Llc will ensure that IHS is not impacted by unapproved changes to software and hardware configurations, as stipulated by the FDA.

8. Technical / Requirements Certification: By my signature below, I certify that the supporting data under my review which is included in this Limited-Sources Justification is accurate and complete.

Program Manager

Name: Bradley Bishop

Position Title: Pharmacy Consultant

Email address: Bradley.Bishop@ihs.gov

Phone: (505) 366-8769

Program Manager Supervisor (or one level above Program Manager)

Name: Leslie White

Position Title: RPMS Radiology IT Specialist

Email address: Leslie.White@ihs.gov

Signature

Date:

9. Best Value Determination. By my signature below, after review of the relevant documents, I have determined that the order subject to this Limited-Sources Justification represents the best value for the Government as set forth in FAR 8.404(d), and constitutes a fair and reasonable price. The basis for my determination is as follows:

Describe in detail the basis for the determination that this order providers the best value, and that the price is fair and reasonable.

Attach and/or summarize applicable market research, commercial prices lists, comparable GSA schedule pricing or other markers that were used in this determination.

Pricing is provided by the offeror from their GSA contract, GS35F-146DA. Pricing on GSA schedule awards is determined as fair and reasonable, as the pricing has already been evaluated by a GSA Contracting Officer.

10. Contracting Officer's Approval (Required for proposed contract not to exceed $700,000 (value calculated including all options)): I hereby certify that this justification is accurate and complete to the best of my knowledge. I approve this sole source justification subject to availability of funds, and provided that the services and supplies herein described have otherwise been authorized for acquisition.

Name: Kenneth G. Truesdale Phone: (240) 994-0732

Signature: Date: 2/29/20220

11. Legal Review:

All J&As equal to or greater than $68 million must have a legal review from the General Law Division of the Office of the General Counsel prior to sending it to the Department.

N/A

12. OPDIV Competition Advocate Approval (Required for proposed contract over $700,000 but not exceeding $13.5 million value calculated including all options)):

I have reviewed this justification and find that it adequately supports other than full and open competition.

Name: N/A Phone:

Signature: Date:

13. Office of Small and Disadvantaged Business Utilization I have reviewed this justification and find that it adequately supports other than full and open competition.

Name: Jonathan Ferguson Phone: (301) 945-3194

Signature: Date:

14. OPDIV HCA Approval (Required for proposed contract over $13.5 million but not exceeding $68 million value calculated including all options)):

Name: N/A Phone:

Signature: Date:

(The below approval paragraph is required if the cumulative contract value, including all options, equals or exceeds $68 million.)

HHS Senior Procurement Executive (SPE) Approval Based on the foregoing justification, I hereby approve the procurement of (state supplies/services being procured) on an other than full and open competition basis pursuant to the authority of (state the full statutory authority and FAR cite and title, consistent with paragraph 4, e.g. 41 U.S.C. 251), as implemented by FAR 8.405-6), subject to the availability of funds, and provided that the services herein described have otherwise been authorized for acquisition.

Name: N/A Phone:

Signature: Date:

Template for a Federal Supply Schedule (FSS) Limited-Sources Justification

Completion Instructions: HHS has established a standard template for the preparation of a Limited-Sources Justification (LSJ) pursuant to FAR Subpart 8.4. This template is for use with orders issued under the Federal Supply Schedule (FSS) program where the value exceeds simplified acquisition threshold and competition is restricted: (1) to fewer schedule contractors than required in FAR 8.405-1 or 8.405-2, or (2) to an item peculiar to one manufacturer. See FAR Subpart 8.4 for additional guidance. This template is not for use with acquisitions other than those under FAR Subpart 8.4.

Tailor all aspects of this template to the individual acquisition. Consult FAR 8.405-6 for guidance.

Delete the highlighted portions of this document prior to signature. Do not include these instructions in the final document or contract file.

FEDERAL SUPPLY SCHEDULE

LIMITED-SOURCES JUSTIFICATION

2. Description of Action:

Nature:

Pricing:

Funds:

<For each proposed contractor if more than one (e.g., brand name):>

3. Description of Supplies or Services:

Briefly describe the supplies or services to be provided, including make & model number where appropriate. Indicate whether the item to be procured is peculiar to one manufacturer (e.g., a particular brand name, product, or a feature of a product, peculiar to one manufacturer). If applicable, include quantities of supplies or period of performance for services. Provide information for any options included in the order. If the action is a modification to an existing order, distinguish clearly between the work covered by the basic order and the work to be obtained by the proposed modification.

4. Authority:

Describe in detail why a particular brand name, product, or a feature of a product, peculiar to one manufacturer must be used. Also, describe in detail the existence of other than the “Name Brand” product and discuss why they cannot be used.

5. Market Research:

Describe the extent of the market research conducted among the schedule holders and the results, or a statement of the reason that market research was not conducted. Brand name specifications shall not be used unless the particular brand name, product, or feature is essential to the Government’s requirements, and market research indicates other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency’s need.

6. Actions to Increase Competition:

Describe the actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration prior to any subsequent acquisition for the supplies or services is made. If no such actions have been taken, explain why.

7. Any other facts supporting the justification:

8. Technical / Requirements Certification: By my signature below, I certify that the supporting data under my review which is included in this Limited-Sources Justification is accurate and complete.

Program Manager Name:

Position Title:

Email address:

Phone:

Program Manager Supervisor (or one level above Program Manager) Name:

Position Title:

Email address:

Signature Date:

9. Best Value Determination. By my signature below, after review of the relevant documents, I have determined that the order subject to this Limited-Sources Justification represents the best value for the Government as set forth in FAR 8.404(d), and constitutes a fair and reasonable price. The basis for my determination is as follows:

Describe in detail the basis for the determination that this order providers the best value, and that the price is fair and reasonable. Attach and/or summarize applicable market research, commercial prices lists, comparable GSA schedule pricing or other markers that were used in this determination.

10. Contracting Officer's Approval (Required for proposed contract not to exceed $700,000 (value calculated including all options)): I hereby certify that this justification is accurate and complete to the best of my knowledge. I approve this sole source justification subject to availability of funds, and provided that the services and supplies herein described have otherwise been authorized for acquisition.

Name:

Phone:

Signature:

Date:

11. Legal Review:

All J&As equal to or greater than $68 million must have a legal review from the General Law Division of the Office of the General Counsel prior to sending it to the Department.

12. OPDIV Competition Advocate Approval (Required for proposed contract over $700,000 but not exceeding $13.5 million value calculated including all options)):

I have reviewed this justification and find that it adequately supports other than full and open competition.

Name:

Phone:

Signature:

Date:

13. Office of Small and Disadvantaged Business Utilization I have reviewed this justification and find that it adequately supports other than full and open competition.

Name:

Phone:

Signature:

Date:

14. OPDIV HCA Approval (Required for proposed contract over $13.5 million but not exceeding $68 million value calculated including all options)):

Name:

Phone:

Signature:

Date:

(The below approval paragraph is required if the cumulative contract value, including all options, equals or exceeds $68 million.)

HHS Senior Procurement Executive (SPE) Approval Based on the foregoing justification, I hereby approve the procurement of (state supplies/services being procured) on an other than full and open competition basis pursuant to the authority of (state the full statutory authority and FAR cite and title, consistent with paragraph 4, e.g. 41 U.S.C. 251), as implemented by FAR 8.405-6), subject to the availability of funds, and provided that the services herein described have otherwise been authorized for acquisition.

Name:

Phone:

Signature:

Date:

11.0.0.20130303.1.892433.887364 Justification & Approval - Federal Supply Schedule Health and Human Services Justification & Approval - Federal Supply Schedule

The VistA Imaging application was written by VA and has been certified by the Food and Drug Administration (FDA) as a medical device. This FDA certification encompasses both the VistA Imaging application and the hardware/software configurations that make up the VistA Imaging operating environment. Due to VistA Imaging being an FDA Certified Device, IHS requires dedicated VistA Imaging infrastructure support to provide rapid resolution to problems. This entails having a support center that is extremely proficient with the VistA Imaging hardware and software interface. This support will be specifically for the VistA Imaging hardware at the medical facilities and does not include access to the RPMS servers at the facilities.

TextField8: Hardware Support Services.

Hewlett-Packard (HP) is the only vendor approved to sell the VistA Imaging equipment tier 1 FDA approved hardware configuration. To our knowledge, PERSPECTA ENTERPRISE SOLUTIONS LLC, which provides a support center and testing laboratory, is the only vendor approved by HP to provide support services. Utilization of an approved vendor ensures that the product’s warranty is maintained.

Hewlett-Packard (HP) is the only vendor approved to sell the VistA Imaging equipment tier 1 FDA approved hardware configuration. To our knowledge, PERSPECTA ENTERPRISE SOLUTIONS LLC, which provides a support center and testing laboratory, is the only vendor approved by HP to provide support services. Utilization of an approved vendor ensures that the product’s warranty is maintained.

To date, the IHS has purchased its VistA Imaging equipment from Hewlett-Packard (HP) which is the only vendor approved to sell the tier 1 FDA approved hardware configuration. The support and expertise for working with the HP equipment is provided by the Perspecta Enterprise Solutions Llc team for the procured VI hardware in use by IHS VistA Imaging Areas and patient care sites. Perspecta Enterprise Solutions Llc will ensure that IHS is not impacted by unapproved changes to software and hardware configurations, as stipulated by the FDA.