Redacted Justification.pdf

Attachment 1: Request for Exception to Fair Opportunity Memo

Effective Date: 03/15/2023 Acquisition ID#: 36C248-25-AP-

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval

For

Exception to Fair Opportunity Memo

Acquisition Plan Action ID: 36C248-25-AP-4691 � Get Well Network Bridge

Contracting Activity: Department of Veterans Affairs (VA), Veterans Health Administration (VHA), Regional Procurement Office East, Network Contracting Office (NCO) 08 on behalf of James A. Haley Veterans� Hospital located at 13000 Bruce B Downs Blvd, Tampa, FL 33612.

# 485-25-4-2901-0058

Description of Action: The proposed action is for a sole source delivery order against National Aeronautics and Space Administration (NASA) Solutions for Enterprise-Wide Procurement (SEWP) Contract #NNG15SD26B for GetWell Network's (GWN) Interactive Patient Care System (IPCS) Pathway Edition & Digital Whiteboard software and license renewal.

Description of Supplies or Services: VA Veterans Health Administration (VHA) Veterans Integrated Service Network (VISN) 8 has a requirement for the continuation of its existing , which includes occasional on site for the eight sites in VISN 8 where GWN products are currently installed. The current contract (36C24825F0196) expires July 31, 2025.

Approved FITARA #2025-VHA-VISN 8-195847-N/A-N/A dated 7/14/2025 is associated with this procurement.

GWN's IPCS Pathway Edition is a technology-enabled patient care solution that provides information to inpatients about their condition, medication, care plan, and educational resources during their hospital stay, allowing inpatients the opportunity to become involved in their care plan. The product is installed at eight sites throughout the state of Florida and Puerto Rico in VISN 8: San Juan, Miami, West Palm Beach, Bay Pines, Orlando, Tampa, Gainesville, and Lake City.

This action allows a follow-on short-term bridge for continued services. The short-term bridge award is required for VISN 8 to have sufficient time to put in place a long-term award that procured through the Technology Acquisition Center (TAC). This bridge contract is estimated to be in place by 8/1/2025. The 3-month base period would be 8/1/2025 through 10/31/2025 and include one 3-month option period . The total estimated price for this proposed action is$2,267,864.00 (total with 3-Month Option).

Base Period $1,137,548.24 Option Period 1 $1,130,315.76 Total $2,267,864.00

4. Statutory Authority: The statutory authority permitting an exception to fair opportunity is Section 41 U.S.C. 4106(c) as implemented by the Federal Acquisition Regulation (FAR) 16.505(b)(2)(i):

( ) FAR 16.505(b)(2)(i)(A): The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

(X) FAR 16.505(b)(2)(i)(B): 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.

( ) FAR 16.505(b)(2)(i)(C): The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

( ) FAR 16.505(b)(2)(i)(D): It is necessary to place an order to satisfy a minimum guarantee.

( ) FAR 16.505(b)(2)(i)(E): For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source�. The statutory authority permitting an exception to fair opportunity for this action is 38 U.S.C. 8127(c), known as the Veterans First Contracting Program which provides the authority to directly contract with a Service-Disabled Veteran-Owned Small Business (SDVOSB) or a Veteran-Owned Small Business

(VOSB).

5. Rationale Supporting Use of Authority Cited Above: VISN 8�s Interactive Patient Care System (IPCS) was installed in FY 2012 and is widely used at eight VAMCs throughout the state of Florida and Puerto Rico. The system is utilized by Veterans and provides information to patients about their condition, medication, care plan and educational resources during their hospital stay allowing the inpatients the opportunity to become involved in their care plan. If the software license is not renewed, it will result in a negative impact on patient care and possible delays in treatment. This product has a two-way integration with the VA's Electronic Health Record system, Veterans Information Systems and Technology Architecture (VistA) Computerized Patient Record System (CPRS) (VistA/CPRS).

, partnered withThundercat Technologies (TcT), provide the necessary software support and because of the proprietary source code required to develop and implement software upgrades, firmware, and updates. In the last several years, VISN 8 has invested significant funds on said proprietary equipment, as well as human resources, training and implementing numerous process improvement initiatives to improve patient satisfaction. For this reason, any other brand name software would require a complete redesign, reengineering, and redevelopment of the existing infrastructure. Furthermore, another source would require a steep learning curve while gaining familiarity with the VA's Electronic Health Record system, Veterans Information Systems and Technology Architecture (VistA) Computerized Patient Record System (CPRS) (VistA/CPRS).

The proposed contractor is the incumbent under Contract Number NNG15SD26B 36C24825F0196 and has been performing the contract without incident. Accordingly, the contractor has been determined responsible since May 24, 2018.

Efforts to Obtain Competition: The efforts to obtain competition is illustrated in the Market Research section of this document. The CO has confirmed the incumbent�s Declaration Letter indicating that there are no other known vendors capable of providing the Get Well Network software or user license in support of the government owned equipment. The efforts through Market Research did not yield any additional source that can meet the Government�s requirements. There is no competition anticipated for this acquisition. In accordance with FAR 5.301 and 16.505(b)(2), this action will be posted on the Government�s business opportunities website via SAM.gov and the justification will be made publicly available.

Integrated Product Team (IPT) has been developed to review and assess the requirement for the utilization of clinical support services, determine value, measure benefits, and identify if other future solutions would enable a competitive action for this interactive patient care system in VISN 8.

8. Market Research: Market research efforts include queries on Small Business Administration Small Business Search (SBS), System for Award Management (SAM), and NASA SEWP.

A SBS search utilizing NAICS code 541519 yielded 1,359 Service-Disabled Veteran Owned Small Business (SDVOSB)/Veteran Owned Small Business (VOSB) vendors that can possibly fulfill this requirement. However, the Government�s technical experts determined that no other vendors can meet the Government�s interoperability and compatibility requirements. Market research efforts have concluded no other software can meet the VA�s needs at this time.

9. Other Facts: None.

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.

Verana Richardson Date Deputy Network Director

VISN 8

11. Determination that Anticipated Cost is Fair and Reasonable: A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable: A comparison of prices will be made with the existing Governmentwide Acquisition Contracts (GWAC) contract.

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

Date Contracting Officer, North VISN Team

13. Approvals in accordance with VHAPG Part 816.505 Indefinite Delivery Contracts: Ordering.

a. 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.

HIGHER LEVEL APPROVAL (Required for orders over $750,000):

b. VHA Advocate for Competition/Head of Contracting Activity (HCA) REVIEW AND APPROVAL (over $750,000 to $15 million): I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and approve for other than full and open competition.

Gerald F. Jacobs Head of Contracting Activity, East

Date