P03 Brand Name justification Health Level1_Redacted.pdf

DEPARTMENT OF VETERANS AFFAIRS

BRAND NAME JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

BRAND NAME JUSTIFICATION

Acquisition Plan Action ID: 36C261-22-AP-1972

1. Contracting Activity: Department of Veterans Affairs, Regional Procurement Office West, Network

Contracting Office 21, on behalf of VA Northern California Healthcare System, located at 10535 Hospital Way, Mather, CA 95655.

PR#

2. Nature and/or Description of the Action Being Processed: This procurement is for the Health Level Foundations electronic protocoling System 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. The action being reviewed and approved is for a brand name only procurement. It will be awarded as a new firm fixed price contract.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: Approval is requested for a new brand name requirement to provide the Health Level Foundations electronic protocoling System with supporting licensing and equipment at the VA Northern California Healthcare System (VANCHCS). The anticipated contract will be a firm-fixed-price contract, with a base year and four one-year options.

The estimated value of the proposed action is:

This requirement is for an electronic protocoling system for the Radiology department. Health Level Foundations was identified as the only system that can meet the needs of the government. The base contract will include the Health Level Foundations protocoling system and a one time implementation/installation service. The following option years will include the Foundation Protocol programming.

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: Brand Name Only

( ) 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

36C261-21-AP-2694

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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 Health Level Foundations protocoling system has the capability and solution to be integrated/interfaced to VANCHCS’s patient care data content. This system can also ingest and interface with VISTA EMR VA Fileman data exports. The software is compatible with VA server policies and programs as well as provide data governance and security controls to ensure appropriate access levels for users. No other systems were identified in the market research process as being capable of interfacing with VISTA EMR and is compatible with the VA server policies and programs. The software system is the only solution that can meet the needs of the VA as it will include the latest software version, convert current protocoling process to electronic workflow automation and predictive analytics, as well as eliminate manual overhead and protocol related meetings.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Multiple databases and resources were reviewed concerning market capabilities of this requirement. There are no indications that an equal system comparable to Health Level’s Foundations protocoling system can meet the needs the government. This requirement is expected to be solicited on the open market as a small business set-aside with a brand name justification.

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

The anticipated cost to the Government will be considered fair and reasonable utilizing the information based on a comparison of proposed prices with prices found reasonable on previous purchases.

8. 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 querying Government-wide databases of contracts and other commercial databases including FPDS, sam.gov, GSA eBuy, GSA Advantage, SEWP, and Veteran Information Portal. The contract specialist (CS) reviewed previous acquisitions (via FPDS) and manufacturer website information.

This requirement is for a radiology exam protocoling system called Foundations offered uniquely by Health Level. The software system is the only solution that can meet the needs of the VA as it will include the latest software version, convert current protocoling process to electronic workflow automation and predictive analytics, as well as eliminate manual overhead and protocol related meetings. VANCHCS has been researching options for a paperless protocoling system for Radiology services for approximately 18 months. During that time, the government has evaluated software systems from (Protocoling system). VA NCHCS PACS have attended the 2019 annual Radiological Society of North America (RSNA) and have engaged vendors present at this conference to determine the possible options available.

Vetbiz was reviewed, using the search terms “NAICS 511210 (Software Publishers)” and “Health Level Foundations” which resulted in 57 possible SDVOSB and VOSB providers of this brand name

PM Part 813.5 SAP for Certain Commercial Items Page 3 of 4 Original Date: 08/30/17 Revision 03 Date: 02/11/2021 requirement. Review of these vendors on VIP did not reveal if they were able to meet the needs of the government.

FPDS was reviewed, where it was found that a GSA order (GS35F200CA 36C26321N1019) for this requirement was made in the amount of on 09/15/2021, awarded to OEM Health Level Inc (Small Business) as a sole source award. “Radiology protocoling system” was also searched, no results were returned.

GSA contract GS35F200CA was searched on GSA eLibrary, where it was confirmed that Health Level Foundations for Radiological analytics was on schedule.

GSA Advantage was reviewed, with no relevant results found. SAM was reviewed, with no relevant results found. No results were found on the SAC or NAC.

National Areonautics and Space Administration (NASA) SEWP was reviewed and searched for Health Level Inc distributors, as well as the distributors of the Foundations electronic protocol system. One vendor was returned, ).

The NMR applies, and with Health Level Foundations being the OEM, it is recommended to compete this requirement on the open market as a Small Business set-aside with a brand name justification.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: Not Applicable.

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

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 Department of Veterans Affairs will continue to monitor technology available that meets the needs hospital of VANCHCS for radiology electronic protocoling systems. The market will be continually assessed to determine if other vendors can provide the required supplies.

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

Peggi Stover COR Date

VANCHCS

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.

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Date

Contracting Officer/ Branch Chief

Network Contracting Office 21

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.

Felicia A. DeMita Date Chief, Division II Network Contracting Office 21

3/30/2022

3/30/2022