JA DSS Live Data Final Redacted.pdf

DSS LiveData PeriOp Manager Perpetual License Software Subscription Maintenance

JUSTIFICATION

FOR AN EXCEPTION TO FAIR OPPORTUNITY

1. Contracting Activity: Department of Veterans Affairs (VA)

Office of Procurement, Acquisition, and Logistics Technology Acquisition Center 23 Christopher Way

Eatontown, NJ 07724

2. Description of Action: The proposed action is for a firm-fixed-price order to be issued under the National Aeronautics and Space Administration (NASA) Solutions for Enterprise-Wide Procurement (SEWP) V Government Wide Acquisition Contract (GWAC) for the renewal of brand name Document Storage System (DSS) Veterans Health Information Systems and Technology Architecture (VistA) Integrated LiveData PeriOperative (PeriOp) Manager Perpetual License annual software subscription maintenance and support.

3. Description of the Supplies or Services: VA, Veterans Health Association (VHA), Richard L. Roudebush, Indianapolis (Roudebush) VA Medical Center (VAMC) has a requirement for the renewal of DSS VistA Integrated LiveData PeriOp Manager Perpetual License annual software subscription maintenance and support to support

(10) ten VAMC Operating Rooms (OR). VHA requires a DSS PeriOp Manager that integrates with VistA and Computerized Patient Record System (CPRS), which will interconnect all the Roudebush VAMC ORs to decrease dual data entry and reduce workarounds that have been created due to lapse in previous contract and subsequent delay in the renewal of software subscription maintenance and support. The DSS PeriOp Manager is a VistA integrated, graphical user interface designed to provide a constant, integrated view of patient status in real-time, manage perioperative complexity, improve team communication, enhance patient safety, and improve operational efficiency by streamlining documentation and updating VistA. The DSS PeriOp Manager supports the Roudebush VAMC to manage, track, and improve surgical performance regarding patient safety, surgical throughput, utilization and efficiency, and surgical quality of care. The solution will pull lab tests and other preoperative test results such as electrocardiogram and pulmonary function tests, which assists in patient scheduling and updating patient status. The solution integrates real-time data with bi-directional workflow automation that coordinates and manages patient care. Additionally, the solution synchronizes patients’ preoperative progress against available resources, enables clinical staff to plan surgical cases and coordinates patient progress from first surgical referral to their scheduled procedure.

The Contractor shall provide DSS VistA Integrated Livedata PeriOp Manager perpetual license annual software subscription maintenance and support as well as PeriOp Manager Performance Analytics annual maintenance and support Monday through Friday 8 a.m. to 7 p.m. Eastern Standard Time, including technical support, bug fixes, DSS LiveData PeriOp Manager Perpetual License Annual Software Subscription Maintenance

Furthermore, the proprietary code requires all DSS PeriOp Manager software updates and patches are properly pushed through the fielded software and ensures the software is properly configured. Access to this code is also required to ensure all services provided on the DSS PeriOp Manager are properly configured. Access to DSS proprietary data and source code is necessary to provide the maintenance of software needed on DSS PeriOp Manager. Only DSS and its authorized resellers can provide the associated knowledge base-specific and installation/implementation/configuration services for the DSS PeriOp Manager as both require access to proprietary code and technical data. If DSS PeriOp Manager Maintenance is not obtained, the Roudebush VAMC will lack maximum VistA/CRPS integration with its perioperative activities. Roudebush VAMC would be required to go back to using manual processes without the benefit of improved OR utilization, such as increased patient safety and more efficient communications.

6. Efforts to Obtain Competition: Market research was conducted, details of which are in Section 8 of this justification. This effort did not yield any additional sources that can meet the Government's requirements. However, the undersigned VA technical representative determined that limited competition is available among authorized resellers for brand name DSS software maintenance and support. In accordance with FAR 16.505(a)(4)(iii)(A)(1), this justification will be provided with the solicitation to all appropriate NASA SEWP V GWAC holders. Furthermore, in accordance with FAR 5.301, 16.505(b)(2)(ii)(D), and 16.505(a)(4)(iii), the award notice for this action will be synopsized on the Contract Opportunities website and this justification will be made publicly available within 14 days of award.

7. Actions to Increase Competition: 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 competed.

8. Market Research: Market research was most recently conducted in January 2024, by the Government’s technical experts to identify other products or resellers who may be able to fulfill the PeriOp manager requirement. VA technical experts researched various different PeriOp manager solutions that are approved for use within the VA IT infrastructure including solutions from SwitchLane, GE Healthcare, PeriopSim, Core Mobile Inc., Picis Clinical Solutions, Steris and EndoSoft. Only DSS or an authorized reseller can provide maintenance on the existing LiveData software in use at the Roudebush VAMC. While other PeriOp manager software is available, it would require a complete redesign and redevelopment of the existing infrastructure and interfaces.

Additionally, no other source can provide the maintenance and support on the existing DSS LiveData PeriOp software due to proprietary constraints. As a result, it was determined that only DSS or an authorized reseller can provide the maintenance and supportfor the VAMC ORs, meet all requirements of VA, and avoid the duplication of cost and time to redevelop the existing infrastructure.

In April 2024, additional market research was conducted using the NASA SEWP V Provider Lookup Tool to ascertain the extent of limited competition among resellers of brand name DSS. Using the Provider Look-Up Tool on the NASA SEWP V GWAC website, one Service-Disabled Veteran-Owned Small Business and one Small Business were identified as resellers of the required brand name DSS software maintenance and support. In May 2024, an RFI was released via NASA SEWP V GWAC to detertmine if there were any other verified SDVOSB resellers of the required brand name DSS software maintenance and support. The RFI resulted in one response from a verified SDVOSB reseller. In May 2024, the Contracting Specialist also contacted a representative from DSS, Inc. to inquire about additional verified resellers of brand name DSS software maintenance and support. The representative from DDS, Inc.

identified two verified and capable small business resellers on the NASA SEWP V GWAC website, one of which is an SDVOSB and one of which is a Small Business. As such, limited competition exists among small business resellers.

9. Other Facts: None.

Control Number: VA-24-00057246

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.

11. Fair and Reasonable Cost Determination: I hereby determine that the anticipated price to the Government for this contract action will be fair and reasonable based on NASA SEWP GWAC prices have previously been determined fair and reasonable.

Additionally, price competition is expected among resellers for this action. Additionally, NASA SEWP determines that the catalog prices on its GWACs are fair and reasonable.

Finally, price analysis shall be conducted by comparing the successful quote to the Independent Government Cost Estimate.

12. Procuring Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Control Number: VA-24-00057246

Approval

In my role as procuring activity Advocate for Competition, based on the foregoing justification, I hereby approve the acquisition of brand name DSS Veterans VistA Integrated LiveData PeriOp Manager Perpetual License annual software subscription maintenance and support on an other than fair opportunity basis pursuant to the authority cited in Section 4 above, subject to availability of funds, and provided that the property and services herein described have otherwise been authorized for acquisition.