DA10--Clintegrity 360 VA CDI Pro Software License 7/1/2021-6/30/2022 Base + 4 OY

VHAPM Part 816.5 Indefinite-Delivery Contracts Page 1 of 6

Original Date: 08/30/2017

Date: 02/19/2021 Rev 06

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval

For

Exception to Fair Opportunity Memo

Acquisition Plan Action ID: VA CDI Pro Clintegrity 360, 36C261-21-AP-3899

Contracting Activity: Department of Veterans Affairs, VISN 21, Southern Nevada Healthcare Medical Center located at 6900 N Pecos Rd, North Las Vegas, NV 89086.

2237 #: 593-21-3-769-0046

Description of Action: The proposed sole source delivery order against Alvarez, LLC s NASA SEWP contract # NNG15SD19B, is for a firm-fixed price (FFP) effort for VA CDI Pro Clintegrity 360 annual license and professional services for VA Southern Nevada Healthcare Medical Center.

Description of Supplies or Services: The proposed action is to provide a firm-fixed price delivery order for the continuation VA CDI Pro Clintegrity 360 annual license and professional services.

VA Southern Nevada Healthcare System is establishing a Clinical Documentation Improvement Team with the Patient Flow Department. The CDIS are responsible for facilitating improved overall quality, education, and completeness and accuracy of medical record documentation. The team will require a software platform and professional services to review and improve clinical documentation. The software is currently installed, configured, and in use by the CDIS team for tracking inpatient CDI reviews, reports and references.

Clintegrity VA CDI Pro from OEM Nuance Communications helps the VA improve its inpatient clinical documentation and facilitates the gathering of pertinent clinical documentation to accurately represent patients severity, acuity, and risk of mortality. Clintegrity VA CDI Pro also enables CDI specialists to review concurrent documentation efficiently, and VA coding management to monitor and report on critical coding activities effectively. The result: measurable efficiency and communication gains, and improved documentation and coding accuracy.

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) Subpart 16.505 Subpart 16.505(b)(2)(i):

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

(x) FAR Subpart 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).

( ) FAR Subpart 16.505(b)(2)(i)(F) In accordance with section 1331 of Public Law 111-240 (15 U.S.C. 644(r)), contracting officers may, at their discretion, set aside orders for any of the small business concerns identified in 19.000(a)(3). When setting aside orders for small business concerns, the specific small business program eligibility requirements identified in part 19 apply. Per the VAAR 819.203-70 (a), 38 U.S.C. 8127 and 8128 require the VA to provide priority and establish special acquisition methods to increase contracting opportunities for SDVOSBs and VOSBs. These priorities and special acquisition methods are set forth in subpart 819.70 and shall be applied by VA contracting officers before other priorities and preferences in FAR 19.203.

Rationale Supporting Use of Authority Cited Above: Per the VAAR 819.203-70 (a), 38 U.S.C. 8127 and 8128 require the VA to provide priority and establish special acquisition methods to increase contracting opportunities for SDVOSBs and VOSBs. These priorities and special acquisition methods are set forth in subpart 819.70 and shall be applied by VA contracting officers before other priorities and preferences in FAR 19.203. Pursuant to 38 U.S.C 8127(c) COs may use other than full and open competition when awarding to SDVOSB and VOSB firms for procurements over the SAT.

Based on market research the Rule of Two cannot be met as Alvarez, LLC is the only SDVOSB vendor who offers these services through NASA SEWP.

6. Efforts to Obtain Competition: Market research was conducted, details of which are in the market research section of this document. This effort yielded one (1) SDVOSB source that can meet the Government s requirement.

7. Actions to Increase Competition: This procurement will be solicitated under the Veterans First Contracting Program. Pursuant to 38 U..S.C 8127(c), COs may use other than full and open competition when awarding to SDVOSB and VOSB firms for procurements above the SAT. The Government will continue to conduct market research to ascertain if there are changes in the marketplace that would enable future actions to be competed.

8. Market Research: VIP, GSA, SAM and SEWP were utilized in the market research. An email was sent to the OEM, Nuance Communications, asking if the VA CDI Pro Clintegrity 360 annual license and professional services can be procured directly through the OEM or if there were other authorized companies who can provide the software. Nuance Communications stated that the Alvarez, LLC is the sole authorized distributor of the software under their SEWP contract.

A keyword search for Clintegrity on VIP yielded zero (0) results. A keyword search for vendor name Alvarez LLC found on NASA SEWP yielded one (1) result. It appears there is one SDVOSB NASA SEWP vendor who can provide these services. Awarded contract NNG15SD19B36C26121F0317 to ALVAREZ LLC for 118338.41000000 on 2021-07-02.