JA_Redacted.pdf

CONTROL NUMBER VA-24-00036229

JUSTIFICATIONFOR 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 software support and maintenance of existing perpetual brand name Document Storage System (DSS) PeriOperative (PeriOp) Manager software licenses.

3. Description of the Supplies or Services: The proposed action is to provide brand name DSS LiveData PeriOp software maintenance and technical support services on VA owned DSS PeriOp Management software and equipment currently in use at the Dallas VA Medical Center (VAMC), which is part of the VA North Texas Healthcare System (VANTHCS). PeriOp Management software in use includes DSS Veterans Health Information Systems and Technology Architecture (Vista) Integrated LiveData PeriOp Management, ADHOC premium application workflow support. The Dallas VAMC currently utilizes brand name DSS PeriOp Manager software licenses utilized in 10 Operating Rooms (OR). VHA requires continued use of DSS PeriOp Manager software that integrates with VistA and Computerized Patient Record System (CPRS).The DSS PeriOp Manager software decreases dual data entry, reduces phone calls and Microsoft Teams messages for notifications such as patient ready, room ready, cases going over allotted time, use of Excel spreadsheets, Outlook calendars and white boards for surgical schedule sharing. The DSS PeriOp Manager software solution 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 software solution shall support the Dallas VAMC to better manage, track, and improve surgical performance regarding patient safety, surgical throughput, utilization and efficiency, and surgical quality of care. Data is pulled from this software to provide to the National Surgery Office (NSO). This software allows all departments involved to proceed through check point requirements (for patient safety), including, but not limited to: History and Physicals, Consent, COVID testing (prior to procedure), Cardiac clearance, live updates on changes etc. within this software. The Fayetteville’s Surgical Service Department currently utilizes this PeriOp Manager software, and enables the department the ability to run reports to breakdown surgery per provider, by specialty, timeframe, type of procedure, etc. This software also helps with patient safety and reduces cancellation rates overall. The solution will pull lab test and other preoperative test results such as electro-cardiogram and pulmonary function tests, which in turn, 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. The

DSS LiveData PeriOp Software and Support Control Number VA-24-00036229 documents milestone completion criteria. The OR Dashboard verifies the mapping of VistA/CPRS data elements to OR-Dashboard visuals. The existing OR-Schedule Board allows the user to view the current days surgical caseload as an aggregated view in real-time. DSS PeriOp Manager software is currently the only method of scheduling any case performed in the ORs or Cysto/Procedural Suite. Its display shows the current status of all surgical cases and operating rooms, thus enabling VHA perioperative managers the ability to focus on the progress of cases while proactively canceling or rescheduling cases to allow for best operating room utilization. DSS PeriOp Manager is currently used for time outs and debriefing processes in the Operating Room for safety.

It allows healthcare workers to visualize both upcoming scheduled cases and manage the day of surgery instrument and supply needs. It reduces possible Health Insurance Portability and Accountability Act violations because paper copies of the Surgical Schedule are no longer needed. DSS allows for the pulling of reports on metrics that are reported up to VA leadership and allows the use of metrics to improve processes. Its bi-directional flow of data from and to Vista, this case canceling/rescheduling functionality is automatically reflected in VistA, thereby streamlining documentation practices and preventing perioperative bottlenecks.

Finally, DSS PeriOp Manager software is a proprietary software product. Therefore, only DSS or its authorized resellers can provide software support and maintenance on its software product. The proprietary code is required to ensure all DSS PeriOp software updates and patches are properly pushed through the fielded software and to ensure that the software is properly configured. Access to this code is also required to ensure all services provided on the DSS PeriOp Manager software is properly configured.

Access to DSS proprietary data and source code is required to provide the required software maintenance on DSS PeriOp Manager software. If the required software support and maintenance are not renewed, the Dallas Fayetteville VAMC and Fayetteville HCC the software will not receive updates and support necessary to continue maximum VistA/CRPS integration with its perioperative activities. This will ultimately lead to an inability to utilize the software and Fayetteville Dallas VAMC and Fayetteville HCC would be required to use manual processes without the benefit of improved OR utilization such as increased patient safety and more efficient communications. Specifically, VHA medical personnel would need to revert to manual data entry into both a local spreadsheet and then duplicated manual entry into the VistA/CPRS system. This increases the risks of data entry errors, omissions, and contradictions, and creates inefficiencies in use of available operating room resources.

This also increases risk to the patients due to poorly coordinated patient data and the inability to optimize in real time the use of that data.

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 PeriOp Manager software licenses, as well as 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 Federal Business 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: The Government’s technical experts conducted market research in February 2024 by querying the Government wide database of contracts and other procurement vehicles. Based on the Office of Information and Technology’s (OIT) Technical Reference Model (TRM) approved vendor list for comparable technologies to DSS LiveData PeriOp product, we have evaluated PeriOptimiation product and CoreyPeriop products. It was determined that none of these products can meet the Government’s interoperability and compatibility requirements previously discussed. It was determined that there are no other perioperative solutions that are currently capable of integrating with existing VistA/CPRS and provide real-time bidirectional data.

Additionally, no alternative software can meet VA’s functional requirement to map VistA/CPRS data elements to PreOp milestones and documents milestone completion criteria. Additionally, DSS PeriOp Manager software is a proprietary software product.

Therefore, only DSS or its authorized resellers can provide software support and maintenance on its software product and can avoid the duplication of time and cost as outlined in Section 5 of this Justification.

Additionally, market research was performed by the Contract Specialist in February 2024 utilizing the Provider Lookup Tools on the NASA SEWP V GWAC website, which identified one Service-Disabled Veteran-Owned Small Business (SDVOSB), Minburn Technology Group, LLC. and one Small Business (SB), Blue Tech, Value Added Reseller GWAC holder for the required brand name DSS LiveData PeriOp products.

DSS confirmed these are their only authorized resellers across all procurement vehicles. A copy of this email has been made a part of the file. Therefore, limited competition is expected for this proposed action on NASA SEWP V GWAC.

9. Other Facts: N/A

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 anticipated competition among NASA SEWP GWAC holders who are resellers of the required Fayetteville PeriOp Manager DSS. Additionally, NASA SEWP has already determined that the catalog prices on its contracts 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.

Approval

In my role as procuring activity Advocate for Competition, based on the foregoing justification, I hereby approve the acquisition for the renewal of software support and maintenance of existing perpetual brand name Document Storage System (DSS) PeriOperative (PeriOp) Manager software licenses on another than fair opportunity basis pursuant to the authority cited in Section 4 above, subject to availability of funds, and provided that the services herein described have otherwise been authorized for acquisition.