JA - TrackCore Redacted.pdf

Control Number 36C10B19F0137

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 (FFP) modification to existing Contract Number NNG15SD22B and Order Number 36C10B19F0137 issued under the terms and conditions of National Aeronautics and Space Administration (NASA) Solutions for Enterprise Wide Procurement (SEWP) to Four Points Technology, LLC (Four Points) to provide the continuation of LPIT TrackCore Biological and Nonbiological Implantable Device Tracker Solution Maintenance including project management, system maintenance, technical support, and help desk support.

3. Description of the Supplies or Services: Department of Veterans Affairs (VA) Veterans Integrated Service Network (VISN) 10 has a requirement for an extension of the existing LPIT TrackCore Biological and Nonbiological Implantable Device Tracker Solution Maintenance which expires on March 27, 2024. This solution is currently in use by VISN 10 at the following VA facilities: Ann Arbor, MI, Battle Creek, MI, Fort Wayne, IN and Saginaw, MI.

VA Technology Acquisition Center awarded a competitive Order on March 26, 2019 for a new LPIT Solution TrackCore software. The existing solution provides Vista 10 with a system to track biological and nonbiological implantable devices. Vista 10 is seeking to continue the use of this solution to ensure there is no break in service while it seeks to move to a competitive procurement.

The period of performance of the proposed modification is to extend the Order three months, from March 27, 2024 through June 26, 2024. This justification also includes an option for an additional 3 months for continued service and transition, which will only be exercised if the need arises. The total estimated value of the proposed modification is $160,230.43, including the option.

4. Authority: The statutory authority permitting an exception to fair opportunity is Section 41 U.S.C. 4106(c)(2) as implemented by the Federal Acquisition Regulation (FAR) 16.505(b)(2)(i)(B), entitled “Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.”

5. Rationale Supporting Use of Authority Cited Above: The proposed source for this action is Four Points, 14900 Conference Center Ste 100, Chantilly, VA 20151. Four

VISN 10 Implant Tracking System Control Number 36C10B19F0137

Points currently provides VISN 10 with LPIT Solution TrackCore under NASA SEWP Contract Number NNG15SD22B, Order Number 36C10B19F0137.

VISN 10 requires continuation of the current LPIT Solution TrackCore while transitioning to the new LPIT Solution TrackCore awarded on March 26, 2019. Market research and the competition revealed transition will take at least 90 days. The extension will enable VISN 10 to continue to access the existing LPIT Solution TrackCore to manage existing service. Without continued use of the current LPIT Solution TrackCore, VA users would not be able to manage day to day VA users would not meet the requirements for managing chain of custody for tissues and surgical implants within VHA facilities, including tracking in the current VHA cloud environment. The required modification will allow for continuation of services of the existing LPIT Solution TrackCore to competitively award a new LPIT Solution TrackCore. Without this extension to allow for transition, the efforts of the winning vendor to implement the new solution without severely hampering ongoing operations and causing detriment to VISN 10 daily operations would be nearly impossible as the information within the existing LPIT Solution TrackCore would be lost. If services are not continued If services are not continued then the VISN 10 facilities would not be in compliance with Joint Commission standards, and there would be an increased risk of patient harm while setting up a new system. Therefore, because Four Points is the only vendor who has access to the data in the current LPIT Solution TrackCore and the only vendor capable of ensuring that data is transitioned into the new LPIT Solution TrackCore, Four Points is the only vendor capable of providing the continuation of the current solution and provide continuity of the functionality without a break in service while transitioning to a new competitive procurement.

For the reasons noted above, only Four Points is capable of meeting the VA’s immediate, short-term requirements to provide continued functionalities for the LPIT TrackCore Solution.

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 due to the critical need for continuity of service. 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 Contracting 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: Although there are other vendors capable of proving a LPIT Solution TrackCore, the Government’s technical experts have concluded that no other source can meet VA’s needs for continuation of the current LPIT Solution TrackCore without a break in service which would have the unacceptable negative impacts and risks to VISN 10 operations a as detailed in Section 5. Four Points is the only vendor that can provide continued access to the current LPIT Solution TrackCore without a break in service and loss of current capabilities. Based on these market research efforts, the Government’s technical experts have determined that only Four Points can meet all of VA’s needs.

9. Other Facts: N/A

10. Technical/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.

Brandon Oden Date: ___________________________

Utilization Specialist 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 current contact pricing and in comparison to the Government’s Independent Cost Estimate.

Edward Hebert Date: ___________________________

Procuring Contracting Officer Signature:________________________

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

Edward Hebert Date: ___________________________

Procuring Contracting Officer Signature: _______________________