Justification for Brillians Software.pdf

Part 806.3 Other Than Full and Open Competition (OFOC) Attachment 7: Request for Brand Name Justification Format >SAT

Rev: 13 Effective Date: 02/01/22 Page 1 of 3

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT) Brand Name

Acquisition Plan Action ID: 36C246-23-AP-3811

1. Contracting Activity: Department of Veterans Affairs, Network Contracting Office 06, Charles George VA Medical Center located at 1100 Tunnel Road, Asheville NC 28805.

Purchase Request: 637-23-3-5997-0044

2. Nature and/or Description of the Action Being Processed: Charles George VA Medical Center has a requirement for the procurement of (SupraVista) Brillians software license, technical support and End User Training. The Brillians software application is designed to assist clinicians with data visualization, and to improve clinician efficiency by automating common tasks. This application will allow clinical staff to maintain standardization while performing patient care duties, and allow access for an unlimited number of users to streamline all documents for note writing and reports. Without the Brillians software clinicians will lack the ability to generate the critical problem-centric report, miss important data which could lead to potential medical errors, cause harm to veterans and potential liability for the organization. Also, the use of any alternate software would require the redevelopment of interfaces to integrate with VISTA/CPRS, the redevelopment cost will not be recoup through competition.

Description of Supplies/Services Required to Meet the Agency’s Needs: The Brillians Software is a cognitive support system which works with VHA’s Veterans Health Information System Technology Architecture (VistA) system currently used by VHA since 2006 in nearly 28 Medical centers through VISN’s. It is a Windows desktop application that runs on the VHA’s computer system. The Software is the only software that offers a clinical cognitive support tool that simultaneously deployed inpatient and outpatient with not writing features, customizable reports, searchable labs, images and utilizes data mining features to identify and display a list of clinical issues. Brillians is not a web-based application and does not use Internet or any external websites to perform its functions.

Estimated Contract Value:

3. Statutory Authority Permitting Other than Full and Open Competition: The statutory authority permitting other than full and open competition is 41 USC §3304(a)(1) as implemented by FAR 6.302-1 entitled, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

4. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): The Brillians Software application are provided

Base Annual License Fee $ 54,000.00 Option 1 Annual License Fee $ 56,160.00 Option 2 Annual License Fee $ 58,406.40 Option 3 Annual License Fee $ 60,742.66 Option 4 Annual License Fee $ 63,172.36 Base + Option Total $292,481.42

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Effective Date: 02/01/22 Page 2 of 3 and distributed by SupraVista Medical DSS, LLC., there are no 3rd party distributors. Also, the items are not on a national contract with the VA system. No other product can meet VHA requirement.

Brillians works seamlessly with the VistA and CPRS.

5. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Market research was conducted, details of which are in the market research section (section 8) 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. Additionally, the proposed action will be synopsized on the Contracting Opportunities Page in accordance with FAR

5.201. Any proposals that are received shall be evaluated.

6. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The Contracting Officer will determine that prices will be fair and reasonable based on a comparison of the proposed prices with prices found reasonable on previous purchases. Prior to award price analysis of the proposed contract will be performed and documented to sufficiently determine that the cost to the Government of the proposed acquisition will be fair and reasonable.

7. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Market research was conducted by verifying NAICS 513210 (Software Publishers) and PSC 7A21 (IT and Telecom – Business Application Software (perpetual License Software) as applicable to contract. VetCert search conducted on 05/05/2023 utilizing NAICS 513210 revealed 29 Small Business. The SBA has not issued an individual/class waiver for NAICS 513210 and PSC 7A21.

On May 05, 2023, further research was conducted via e-mailed to support@vista.com to obtain confirmation that SupraVISTA has no authorized distributors/resellers. Ms. Shirley Barrack, Manager SupraVista, responded and provided a letter dated May 03, 2023, indicating SupraVista as the original creator, owner, and the sole source seller of the Brillians Software. They do not have any authorized resellers and do not plan to have any in the foreseeable future. The Brillians Software are proprietary and due to copyright no other resellers can provide the requested Brillians Software, there are no 3rd party distributors, and the items are not on a national contract with the VA system.

The CO researched all required sources and deemed that the items are only available via Open Market from the SupraVista Medical DSS, LLC.

8. Any Other Facts Supporting the Use of Other than Full and Open Competition: None

9. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: SupraVista Medical DSS, LLC (Small Business UEI: JVBEK1PA22P1), is the sole manufacturer and exclusive provider of the Brillians Software.

10. 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: Currently, there are no actions that can be taken. The government will continue to conduct market research to ascertain if there are changes in the marketplace that would enable competition for future actions.

11. 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.

Effective Date: 02/01/22 Page 3 of 3

Name: Craig Holbert Date Title: Chief of Logistics Facility: Charles George VA Medical Center

12. 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.

Name: Jerry L. Mann Date Title: Contracting Officer Facility: NCO 06

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.

Name: Keeshia Newman Date Title: Division Chief 1

Facility: NCO 06