P03 - Sole Source Justification Lattice Medicopia_Redacted.pdf

VHAPG Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items Attachment 1: Request for Sole Source Justification under FAR13.5

Effective Date: 11/15/24 Page 1 of 6

REVISION: 01

Acquisition ID#: 36C249-25-AP-1046, 36C249-25-AP-1481, 36C249-25-AP-2860

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C249-25-AP-1046 for Mountain Home (MOU), 36C249-25-AP-1481 for Tennessee Valley Healthcare System (TVHS), 36C249-25-AP-2860 for Veterans Integrated Services Network (VISN) Indefinite Delivery Indefinite Quantity (IDIQ) Contract

Contracting Activity:

Department of Veterans Affairs (VA), Veterans Integrated Service Networks (VISN) 09, Network

Contracting Office (NCO) 9 located at 1639 Medical Center Parkway Murfreesboro, TN 37129 in the interest of VISN 9 Midsouth Healthcare System 1801 West End Ave. STE 600 Nashville, TN 37203.

2237#: 621-25-2-091-0023 (MOU), 626-25-2-313-0093 (TVHS)

Nature and/or Description of the Action Being Processed:

This procurement is for Lattice-brand Medicopia software license, annual software support, annual interface support, 24/7 support, equipment and accessories, in-person classroom training, and in-person go-live training, 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 contemplated award is a firm-fixed price IDIQ contract, five year ordering period .

Description of Supplies/Services Required to Meet the Agency’s Needs:

Medicopia is a software solution developed by Lattice Incorporated and available from small business distributor Data Capture Solutions, Inc. Medicopia allows Positive Patient Identification (PPID) at the patient bedside with barcode scanning of the wristband before specimen collection.

Medicopia is VA Technical Reference Model (TRM) approved, and requires no modifications to VA’s Veterans Health Information Systems and Technology Architecture (VISTA) framework or VA’s Computrized Patient Record System (CPRS). Medicopia mitigates the risk of collecting a specimen from the wrong patient and of mislabeling a specimen.

The estimated ceiling value for this VISN-wide IDIQ Contract is:

The estimated period of performance is

Effective Date: 11/15/24 Page 2 of 6

REVISION: 01

Acquisition ID#: 36C249-25-AP-1046, 36C249-25-AP-1481, 36C249-25-AP-2860

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

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

a) Lattice, Inc. is a provider of patient safety software solutions that allow hospitals to ensure quality and improve productivity for specimen collection, transfusion administration, infant feeding, medication administration, and anatomical pathology tracking.

b) The MediCopia product is a specialized solution that provides a robust, integrated mobile computing system paired with handheld computers and scanners. It interfaces with the VA Medical Center’s CPRS and VISTA, which is essential, allowing the facility to mitigate misidentification errors and improve process and productivity. Market research shows that no other bedside specimen labeling and PPID product offers this required compatibility, thereby precluding competition.

c) The MediCopia suite of applications is owned, maintained, and supported by Lattice personnel headquartered in Wheaton, Illinois. The MediCopia product is offered to VA via Lattice’s distributor, Data Capture Solutions, Inc. (Small Business – SAM: SKZKL7DN6KV2).

No other entities are authorized to access the underlying MediCopia source code. Thus, this brand name requirement must be procured from Lattice, Inc.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable:

a) Sources Sought Notice 36C24925Q0265 was posted to SAM.gov 4/30/2025 – 5/8/2025 seeking sources interested in and capable of providing software with the capabilities of the Lattice-brand Medicopia product. The notice received five response

b) Four of the five responding firms sent generic capabilities statements that made no reference to items with performance characteristics similar to the items described. One firm responded to the notice stating that they could provide the brand name item described, Medicopia. However, the OEM (Lattice, Inc) confirms via an authorized distributor/proprietary letter that only Data Capture Solutions is authorized to distribute the Lattice-brand items. Consequently, the SSN determined there were no sources interested in and capable of providing solutions similar to the Lattice-brand Medicopia product.

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

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:

Effective Date: 11/15/24 Page 3 of 6

REVISION: 01

Acquisition ID#: 36C249-25-AP-1046, 36C249-25-AP-1481, 36C249-25-AP-2860

a) Prices will be determined as fair and reasonable prior to award in accordance with FAR 13.106-3(a)(2). Prices previously determined to be fair and reasonable can be found on previous VA procurements for these same items.

Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted:

The VA Rule of Two and SBA Rule of Two are not met. Two or more SDVOSBs, VOSBs, or Small Businesses cannot perform the work, and are not likely to submit an offer/quote at a fair and reasonable price that offers best value to the Government.

General Services Administration (GSA) Advantage was queried under keywords Medicopia, Patient Identification, and Specimen Collection yielding no relevant results. It was then queried under the scanner and label printer part numbers: TC52-HC and ZQ610-HC yielding listings for both. This hardware will be included in the IDIQ for the purpose of efficiency and ease of Medicopia system integration.

GSA’s eLibrary was queried under keyword Medicopia yielding no results.

VA’s National Acquisition Center MedSurg Catalog was queried under keywords Medicopia, Patient Identification, Specimen Collection, TC52-HC, and ZQ610-HC yielding no results.

VA’s Medical Supplies Program Office, National Strategic Source Listing was queried under keywords Medicopia, Identification, and Specimen yielding no results.

National Aeronautics and Space Administration’s (NASA) Solutions for Enterprise-Wide Procurement (SEWP) Market Research Tool was queried under keyword Lattice yielding no relevant results. It was then queried under keyword Data Capture Solutions which yielded NASA SEWP vendors that are authorized to supply their products. After searching the list of product CLINs, there was no indication that any vendors offer the Medicopia software.

Federal Procurement Data System (FPDS) was queried under the software publisher’s name:

Lattice and Data Capture Solutions, yielding previous procurements by NCO 1, NCO 2, NCO 6, NCO 16, and NCO 23. It was then queried under the software name: Medicopia, yielding an NCO 2 procurement from the software publisher Lattice. There is no indication that vendors other than the software publisher themselves can supply Lattice Medicopia.

SAM.gov Opportunities Active and Inactive was queried under keyword Medicopia yielding an intent to sole source posted by NCO 2 on Sep 15, 2022. Reviewed Intent to Sole Source document, does not provide any new information. It was then queried under keywords PPID System yielding previous NCO 9 Sources Sought Notice posted on 5/22/2025 that received no responses. It was finally queried under keywords Specimen Collection System yielding no results.

Buy American Statute is not applicable to procuring Commercial Information Technology. In accordance with FAR 25.103(e), the restriction on purchasing foreign end products does not apply to the acquisition of information technology that is a commercial product.

Effective Date: 11/15/24 Page 4 of 6

REVISION: 01

Acquisition ID#: 36C249-25-AP-1046, 36C249-25-AP-1481, 36C249-25-AP-2860

j) Nonmanufacture Rule is not applicable in accordance with FAR 52.219-33(b) Applicability.

This will be a sole source single-award contract. Data Capture Solutions is a nonmanufacturer, but they are not subject to the Nonmanufacturer Rule.

Any Other Facts Supporting the Use of Other than Full and Open Competition:

The PPID equipment and software is required in order to mitigate risk to patient care and risk to Joint Commission accreditation. Recent findings from Joint Commission audits have identified that PPID procedures and equipment are required. A VAMC Mountain Home inspection report shows that the hospital was issued findings due to an inability to identify the individuals who collected chemistry samples. Further, the facility was issued findings due to the station’s inabllity to produce evidence of daily screenings (screenings which are required due to the facility’s current procedures of handwritten and manual data entry). In addition, TVHS has experienced multiple Joint Patient Safety Review (JPSR) reports related to mislabeled specimens and concerns for patient safety. Introduction of this PPID equipment will remedy the Joint Commission findings and prioritize patient care procedures.

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

Sources Sought Notice 36C24925Q0265 was posted to SAM.gov 4/30/2025 – 5/8/2025 seeking sources interested in and capable of providing software with the capabilities of the Lattice-brand Medicopia product. The notice received five response

Four of the five responding firms sent generic capabilities statements that made no reference to items with performance characteristics similar to the items described. The remaining firm responded to the notice stating that they could provide the brand name item described, Medicopia. However, the OEM (Lattice, Inc) confirms via an authorized distributor/proprietary letter that only Data Capture Solutions is authorized to distribute the Lattice-brand items.

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:

a) VA will continue to monitor the commercial marketplace for PPID products that may meet the agency’s defined salient requirements, which include VISTA and CPRS integration.

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