NNG15SD76B-009.pdf

Transparent Screen Lock – Smart Card Edition Control Number: VA-20-00050119

JUSTIFICATION

FOR AN EXCEPTION TO FAIR OPPORTUNITY

1. Contracting Activity: Department of Veterans Affairs

Office of Procurement, Acquisition, and Logistics Technology Acquisition Center 23 Christopher Way Eatontown, NJ 07724

2. Description of Action: This proposed action is for a firm-fixed price delivery 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 procurement of brand name Esm Software/ e-motional, Transparent Screen Lock – Smart Card Edition (TSL-SC) Enterprise Licenses and Maintenance.

3. Description of Supplies or Services: The Veterans Health Administration (VHA), Office of Connected Care: Telehealth Services requires the acquisition of an enterprise license for brand name screen-locking, kiosk software. Healthcare providers at Community Based Outpatient Clinics (CBOC) and smaller VA Medical Centers need the ability to provide video-enabled telehealth services to eligible patients in an efficient manner while fully utilizing all resources available at the healthcare provider’s location.

The use of Transparent Screen Lock, a commercial off-the-shelf (COTS) solution, allows any Windows-based computer to be secured in a manner in which only the video and audio capabilities would be functioning while all other applications and content on the computer would be secured and inaccessible. At most CBOCs, use of video-enabled clinical carts are the only option available to support non-clinical telehealth appointments. Many specialty care providers and in some case even primary care providers are not located in the facility closest to the Veterans Community. When this occurs the Veterans either has to be transported to the location of the provider or the Veteran is referred to a private practice physician at VHA’s expense. Currently VA has outfitted clinical carts to function as an effective tool to connect Provider to Patient.

However, many more potential encounters exist where only video is required to complete the encounter and none of the clinical peripherals are needed.

On March 13, 2020, the President of the United States declared COVID19 pandemic as a national emergency. The TSL-SC has been designated as an imperative need to provide critical support in response to COVID19 for Veteran support. Additionally, COVID19 invoked the VA’s Fourth Mission tied to national emergencies to ensure continued service to veterans as well as support national, state, and local emergency management, public health, safety, and homeland security efforts. Healthcare providers at CBOCs and smaller VA Medical Centers need the ability to provide video-enabled telehealth services to eligible patients in an efficient manner while fully utilizing all resources available at the healthcare provider’s location as the demand increases from the COVID19 response.

The use of current, on-site desktop and laptop computers function as virtual “kiosks” on an as-needed basis, allows patients to connect with their off-site providers. Transparent

Screen Lock, COTS solution, would allow any Windows-based computer to be secured in a manner in which only the video and audio capabilities would be functioning while all other applications and content on the computer would be secured and inaccessible.

Transparent Screen Lock is Technical Reference Model approved. As this solution is hardware-based, the solution must be installed on each applicable piece of hardware and is not a candidate for hosting on the cloud. Therefore, an enterprise license will allow for installation on any and all applicable pieces of hardware as needed across the country. The Period of Performance for this action is 12 months from receipt of order.

The total estimated value of the proposed action is $XXX,XXX..

4. Statutory Authority: Pursuant to Federal Acquisition Regulation (FAR) Subpart 16.505(a)(4), the following brand name requirement is being justified and approved as an exception to fair opportunity under the statutory authority of Section 41 U.S.C.

4106(c)(2) as implemented by FAR Subpart 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: Based on market research, as described in Section 8 of this justification, it was determined that limited competition is available among resellers brand name Esm Software, Transparent Screen Lock – Smart Card Edition enterprise licenses and maintenance. VA Memorandum, Mandate to meet Personal Identity Verification (PIV) Requirements for New and Existing Systems (VAIQ# 7712300), June 27, 2016 requires the use of Personal Identity Verification (PIV) technology for all new procurements. This memorandum mandates (1) all new systems under development must be enabled to use PIV authentication in accordance with the National Institute of Standards and Technology (NIST); (2) all existing systems must be upgraded to use PIV credentials for authentication by April 30, 2017; (3) funding for new development and technology refresh will not be provided until mandate is met; and (4) future procurement must be in compliance with the Homeland Security Presidential Directive 12 (HSPD-12) policy and Federal Acquisition Regulation. Only the brand name Esm Software, Transparent Screen Lock – Smart Card Edition enterprise software meets all of the Government’s requirements. Specifically, only Esm Software, Transparent Screen Lock – Smart Card Edition enterprise software satisfies the PIV requirement mandated by the aforementioned VA memorandum.

Additionally, no other brand maintenance support is compatible or interoperable with the Esm Software, Transparent Screen Lock – Smart Card Edition enterprise software due to ESM Software’s proprietary database structures, protocols, and software application programming interfaces. Esm Software, Transparent Screen Lock – Smart Card Edition enterprise software maintenance is the only software maintenance capable of supporting the Esm Software, Transparent Screen Lock – Smart Card Edition enterprise software and maintaining it operational.

With the influx of users particularly during this COVID pandemic, this software utilized on existing hardware will provide the video capability, thus eliminating use of rooms and carts needed for a clinical visit that justifies the use of clinical peripherals. If this software is not procured immediately it may adversely impact patient care by increasing appointment wait times and decreasing access to VHA specialty and primary care provider

6. Efforts to Obtain Competition: Market research was conducted, details of which are in section 8 of this justification. Limited competition is anticipated for the required maintenance and support services. In accordance with FAR 5.301 and 16.505(b)(2)(ii)(D), the resultant award notice will be synopsized, and the justification will be made publicly available within 14 days of award on the Federal Business Opportunities page. Additionally, in accordance with FAR 16.505(a)(4)(iii)(A)(1) this justification will be submitted to all applicable NASA SEWP V GWAC holders along with the Request for Quotation in order to fully notify all interested parties.

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 fully competed.

8. Market Research: The Government’s Telehealth Services subject matter experts conducted market research by reviewing other similar software. The other similar software reviewed included NetKiosk and Kioware. Based on reviews of these products, the Government’s technical experts determined that these products did not meet the Government’s interoperability, security and compatibility. The three solutions were reviewed against several criteria including PIC compliance and TRM approval.

While two of the COTS products could potentially meet VA’s requirements, only one product also satisfied the PIV requirement outlined by the aforementioned VA mandate.

Based on the market research efforts, the Government’s technical experts determined that only brand name Transparent Screen Lock – Smart Card Software Server Licenses can meet all of VA’s needs. Transparent Screen Lock – Smart Card is available through several authorized retailers on NASA SEWP.

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.

XXXXXXX Date:______________________________

Program 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 competition.

JuaXXXXXXnes Date: __________________________

Procuring Contracting Officer Signature:____________________

12. Procuring Contracting Officer Certification: For a proposed contract exceeding the simplified acquisition threshold but not exceeding $650,000, the contracting officer’s certification required by FAR 13.501(a)(2)(i) will serve as approval I certify that this justification is accurate and complete to the best of my knowledge and belief.

As this contract action does not exceed $650,000, the certification below required by FAR 13.501(a)(2)(i) serves as approval.

Juan Quinones Date: _________________________

Procuring Contracting Officer Signature:__________________________