JA Telestroke-.pdf

VA-21-00067468

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 twelve month Firm-Fixed Price (FFP) Task Order (TO) under the Serious Education Game Solutions (SEGS) Contract VA118-17-D-1950 with Creative Veteran Productions, LLC for development, testing and delivery of the Telestroke Web Based Training Module Update.

3. Description of the Supplies or Services: The proposed action is to provide the Department of Veterans Affairs (VA), Veterans Health Administration (VHA), Employee Education System (EES), eLearning Gaming Team with the development, testing and delivery of the Telestroke Web Based Training Module Update. The Telestroke Web Based Training Module is an interactive web-based content platform to educate and ensure that VA healthcare providers and staffed personnel are adequately informed on updated Telestroke procedures to assist and care for stroke victims. The virtual training space is designed to shape the context for specific performance outcomes with dynamic, immediate, formative assessment and overall summative evaluation feedback.

The Office of 11SPEC15 Neurology in conjunction with the VHA, EES, eLearning Gaming Team will bridge the training gap utilizing this development update and make emergency care training accessible, prompt, safe, appropriate, and cost effective for the qualified clinical staff to treat Veterans presented with stroke symptoms.

The Contractor shall update Telestroke Web-Based Training Module to address the training gap identified after product deployment through provided user feedback. The training module update shall utilize a didactic approach to present the material through use of a case scenario that will allow the learner to make decisions in the evaluation and treatment of an Acute Ischemic Stroke (AIS) patient. This update will continue to provide access to emergency care training that is prompt, safe, appropriate, and cost effective for qualified clinical staff in order to treat Veterans presented with stroke symptoms as well as reduce door-to-treatment time in AIS patients' eligible to receive treatment. This requirement includes an optional task for additional changes to User Interface Logic, Script/Voice and Avatar animation.

The Contractor shall prepare and deliver the final product update so that the content of the application versions is ready to submit for consumer use to the iOS Apple store.

The Contractor shall finalize and deliver all updated documentation for the final delivery of the game’s documents packages. The period of performance shall be 12-months from date of award inclusive of an optional task to be exercised anytime. The total estimated cost of the proposed action is $599,279.00, inclusive of the optional task.

Telestroke Web-Based Training Module Update VA-21-00067468

4. Statutory Authority: The statutory authority permitting an exception to fair opportunity is Section 41 U.S.C. 4106(c)(3) as implemented by the Federal Acquisition Regulation (FAR) 16.505(b)(2)(i)(C), entitled “The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.”

5. Rationale Supporting Use of Authority Cited Above: The proposed sole source for this action is Creative Veteran Productions (CVP), 611 Susan B Britt Ct, Winter Garden, Florida 34787. Based on extensive market research, it was determined that CVP is the only source capable of satisfying the VA requirements discussed above. The original Telestroke Web-Based Training Module was developed and tested by CVP in 2020 after a competitive solicitation process in 2019 among SEGS contract holders. During the course of testing and deploying the initial module, VA end-users identified and documented additional requirements for the training module related to User interface/Logic, Animation, and Script which were not within scope of the original task order. As the company who originally developed and created the source code underlying the original training module, CVP is best positioned to develop and implement the required updates to the training module in the most economic and efficient manner. CVP has access to the underlying Telestroke Web-Based Module source code and the authority to complete the update. Use of another company would require a significant investment of time and resources to determine whether it could update the code in the existing module, or more likely, duplicate costs in redeveloping significant portions of it. The awaited update has prevented the deployment of the Telestroke Web-Based Training Module onto the VA Network. As a result, healthcare professionals are currently not able to access this critical training product for the purpose of obtaining Continuing Education Units to maintain their credentials. CVP, with its knowledge of the original code and design, can efficiently and effectively make the required updates while maintaining the original look and feel of the content. Use of another vendor would require a complete redesign of the training module at an additional estimated cost of approximately $850,000 that is not anticipated to be recovered through competition. Therefore, the most economical and efficient means to complete the development, testing and delivery work required for the update is CVP.

6. Efforts to Obtain Competition: Market research was conducted, details of which are in the market research section of this document. This effort did not yield any additional sources that can meet the Government’s requirements. There is no competition anticipated for this acquisition. In accordance with FAR 5.301 and 16.505(b)(2)(ii)(D), the award notice for this action will be synopsized on the System for Award Management website and the 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 marketplace that would enable future actions to be competed.

8. Market Research: VA’s technical experts conducted market research in February of 2021 to ascertain if other vendors rather than CVP could satisfy the requirements.

Specifically, market research was performed by reviewing the capabilities of two (2) alternate SEGS contract holders; Systems Kinetics Engineering and Advanced Computer Learning Company. While it was found that both contract holders met VA’s general capabilities, no sources were found that could reasonably have the required development skillset and requisite code level review required to work on the requirement updates or do so without incurring duplicative costs. As CVP has developed the initial product iteration only they possess the technical expertise, approach, and familiarity with the code requiring update. CVP has also stated that only they in the current stage have access to the proprietary source code used and no one else can effectively update the existing Telestroke Web-Based Training Module Update required. Therefore, the Government determined that utilizing CVP is the only method available to meet the requirements.

9. Other Facts: This requirement is a logical follow-on to an order which was originally competed.

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.

Craig Porter Date: 08/31/2021

8/31/2021

Program/Project Manager Signature:

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 price analysis to include an analysis of the proposed price in relation to the Independent Government Cost Estimate and past historical prices paid for the same and/or similar requirements, will be conducted and subsequent negotiations held as necessary.

David J. Sette Date:

Procuring Contracting Officer Signature

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

David J. Sette Date:

Procuring Contracting Officer Signature:

X

Approval

In my role as Procurement Service Director, One Level Above the Contracting Officer, based on the foregoing justification, I hereby approve the acquisition of Telestroke Web-Based Training Module Update accordance with VAAM M816.505(b)(2)(ii)(C)(1), 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.

Signature: _