JA VISN UniPOC License Renewal Redacted.pdf

VHAPG Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items Attachment 1: Request for Sole Source Justification Template >SAT-$7.5M under FAR13.5

Effective Date: 02/01/2022 Page 1 of 4

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Requirement Title:

VISN 19 UniPOC License Renewal for ECHCS, Grand Junction, Sheridan, Cheyenne, Ft Harrison, OKC, and Muskogee, Acquisition Plan Action ID: 36C259-22-AP-2906 J&A Tracking Number: 2022-09-02T08:04

1. Contracting Activity:

Department of Veterans Affairs Network Contracting Office 19 (NCO 19) 6162 South Willow Drive, Suite 300 Greenwood Village, CO 80111

Organizational Activities: Purchase Request (2237) Eastern Colorado Health Care System 554-22-4-450-0294 1700 N Wheeling Street, Aurora, CO 80045

Western Colorado Health Care System 575-22-4-035-0895 2121 North Ave, Grand Junction, CO 81501

Sheridan VA Medical Center 666-22-4-113-0397 1898 Fort Road, Sheridan, WY 82801

Cheyenne VA Medical Center 442-22-3-054-0074 2360 E Pershing Blvd, Cheyenne, WY 82001

Montana VA Health Care System 436-22-4-112-0526 3687 Veterans Drive, Fort Harrison, MT 59636

Oklahoma City VA Health Care System 635-22-4-223-0617 921 NE 13th St, Oklahoma City, OK 73104

Eastern Oklahoma VA Health Care System 623-22-3-3184-0066 1011 Honor Heights Drive, Muskogee, OK 74401

2. Nature and/or Description of the Action Being Processed: This procurement is for the establishment of a Firm-Fixed contract in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items and specifically FAR 13.501 Special Documentation Requirements, where acquisitions conducted under Simplified Acquisition Procedures are exempt from the requirements of FAR Part 6, but still require a justification using the format of FAR 6.303-2. This procurement is for the establishment of a sole source Firm-Fixed Price contract for the VISN UniPOC License Renewal to Siemens Healthcare Diagnostics Inc. This will be a base plus four (4) option years contract; with

Effective Date: 02/01/2022 Page 2 of 4 optional task orders in consideration of possible expansion in the future. The period of performance will be 30 September 2022 through 29 September 2027.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: This is a VISN-wide UniPOC Software License renewal and sustainment service for the integration of Laboratory point of care devices to Vista/CPRS. The Siemens UniPOC servers are currently located at the Eastern Colorado Health Care System, servicing VISN 19 stations listed above. The service components to be acquired are the annual License fees for the UniPOC software from Siemens Healthcare Diagnostics Inc. The period of performance will be 30 September 2022 through 29 September 2027. The total estimated value of this contract is $464, 473.20.

4. Statutory Authority Permitting Restricted Competition:

FAR 13.5 Simplified Procedures for Certain Commercial Items. The statutory authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. § 1901 and is implemented by FAR 13.106-1(b)(2) for restricting competition on this procurement. Competition is restricted on this procurement for the reason below:

(X) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

( ) Unusual and Compelling Urgency ( ) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert

Services ( ) International Agreement ( ) Authorized or Required by Statute ( ) National Security ( ) Public Interest

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): The Siemens UniPOC servers are the existing system being utilized for the integration of Laboratory point of care devices to Vista/CPRS across the VISN; and the licenses are about to expire on 30 September 2022. The UniPOC software is proprietary to Siemens Healthcare and is the only vendor who can provide the license renewal and the highly service and maintenance of the integration process. Additionally, the UniPOC licenses are necessary to avoid disruption in the operation of the existing system. Siemens Healthcare has provided a sole source letter confirming the proprietary nature of the supplies/services needed under this requirement; and is uploaded in eCMS briefcase.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Market research conducted on UniPOC software/licenses yielded no results of any small businesses capable of providing this requirement. The GSA eLibrary, SBA and VetBIZ was searched and zero results. Reached out to Siemens Healthcare if there are any authorized distributor/reseller of the UniPOC software licenses and found out there were none. A sources sought was not issued because of the confirmation early on from Siemens that they have proprietary to the software/licenses and support.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and

Reasonable: The CO anticipates the cost to the Government to be fair and reasonable based on the IGCE and pricing that was obtain from the VISN 22’s current contract pricing being the same.

Effective Date: 02/01/2022 Page 3 of 4

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: A sources sought was not issued because of the confirmation early on from Siemens Healthcare Diagnostics Inc., that they have proprietary to the software/licenses and support. Contract Specialist (CS) conducted a search on VIP with NAICS Code:541519 and keywords: UniPoc License. No results were found. CS conducted a search on GSA-elibrary with NAICS Code:541519 and keywords: UniPoc License. No results were found. CS conducted a search on the Small Business Dynamic Search (SBDS) with NAICS Code:541519 and keywords: UniPoc License. No results were found. CS checked the Federal Procurement Data System-Next Generation (FPDS-NG) and found that NCO 22 had awarded a contract for the same requirement to Siemens Healthcare Diagnostics Inc. CS followed up with a call to CS administering contract for more information. It was also sole-sourced due to the UniPoc licenses being proprietary to Siemens Healthcare Diagnostics Inc.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: The UniPoc licenses are proprietary to Siemens Healthcare Diagnostics Inc.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition:

Siemens Healthcare Diagnostics Inc.

Point of Care Informatics, North America Denver, CO PoC: Lisa Vitry 720-327-3148 lisa.vitry@siemens-healthineers.com

11. A Statement of the Actions, if any, the Agency May Take to Remove or Overcome any Barriers to Competition before Making subsequent acquisitions for the supplies or services required: The Contracting Office will survey the market to see if there are any changes in the licensing and whether it still remains proprietary.

12. Requirements Certification: I certify that the requirement outlined in this justification is a Bona Fide Need of the Department of Veterans Affairs and that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief.

Kelly Luu Date Chief Healthcare Technology Veterans Integrated Service Network 19

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

a. Contracting Officer or Designee’s Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx VHAECHHubbaC Sticky Note Accepted set by VHAECHHubbaC

Effective Date: 02/01/2022 Page 4 of 4

Ronnie Jones Date Contracting Officer Branch Chief, NCO 19

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition.

Diondra Coleman Date Deputy Director of Contracting

NCO 19