DA01--DSS Databridge software and support for the VISN 8

DSS DataBridge Maintenance and Support Control Number: VA-20-00068648 for Software Licenses 3 of 6 Control Number: VA-20-00068648 JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY 1. Contracting Activity: Department of Veterans Affairs (VA) Office of Procurement, Acquisition and Logistics Technology Acquisition Center 23 Christopher Way Eatontown, New Jersey 07724 2. Description of Action: The proposed action is for a firm-fixed-price task order issued under the National Aeronautics and Space Administration (NASA) Solutions for Enterprise Wide Procurement V (SEWP) Governmentwide Acquisition Contract (GWAC), for the renewal of maintenance and support for seven existing brand name DSS, Inc.(DSS) Clinical Information System (CIS) DataBridge software licenses. 3. Description of the Supplies or Services: The proposed action will provide Veterans Integrated Service Network (VISN) 8 locations (Miami, Gainesville, Orlando, Tampa, West Palm Beach, Bay Pines and San Juan) with maintenance and support for seven existing brand name DSS CIS DataBridge software licenses. The software at each VISN only communicates with software within the respective VISN. The required DataBridge maintenance and support for existing licenses is a VA specific, windows-based Veterans Integrated System Technology Architecture (VistA) software utilized to receive and update critical patient care CIS data from the Anesthesia, Intensive Care Unit (ICU) and Post Anesthesia Care Unit (PACU) electronic charting systems. DataBridge has been proven to fully integrate with the existing VistA system as evident by use throughout Veterans Health Administration (VHA) hospitals across the country and provides seamless electronic interaction between the VistA record and the CIS/Anesthesia Record Keeping Systems. This integration with VistA allows the critical care clinicians to have an extremely efficient, very powerful method for capturing physiological vitals, fluids, medications, laboratory results, patient assessments, orders and notes that would otherwise be misinterpreted if handwritten or potentially lost. This software is focused on patient safety and ensures that complete patient records and care plans are integrated with VistA so that clinicians outside the critical care areas of the medical center can track their patients care in VistA and appropriately provide response as necessary. Ultimately, patient safety is maximized, clinical efficacy and efficiency is increased, patient information is secure, and documentation of patient care is quicker. Most importantly, DSS DataBridge software licenses interface with VistA. VA requires support compatible with the existing DataBridge infrastructure protocol and functionality for continued operational availability. The required maintenance and support are designed to provide VHA staff with the resources they need to fulfill the needs of Veterans. The support is required to ensure VHA can successfully manage performance of its DataBridge infrastructure. The maintenance and support includes 24X7 coverage for all seven VISN 8 facilities and will provide bug fixes, minor release upgrades, and telephone support to ensure existing DSS DataBridge software remains operational. No software is being renewed or procured under this proposed action. The period of performance shall include a 12-month base period from March 10, 2021 through March 9, 2022, and two 12-month option periods, if exercised. The total estimated value of this proposed action, inclusive of all options, is $ 4. Statutory Authority: Pursuant to Federal Acquisition Regulation (FAR) 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 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 for the required maintenance and support for seven existing brand name DSS CIS DataBridge software licenses. Maintenance and support is required for software updates and patches to VHA s current DSS DataBridge software. These updates and patches provide new feature sets, address program errors in prior software versions, and provide security enhancements. Only DSS or its resellers can provide the necessary software upgrades and patches because of the propriety source code required to develop and implement software updates. Since the software is proprietary, a legal restriction is placed on access to the software code that is required to develop upgrades and patches to the software. Without this access, it is impossible for another source to modify the software code as necessary to provide the required patches and upgrades and to ensure all the services provided are properly configured. No other source other than a DSS reseller can provide the required maintenance and support for the requirements described herein, such as bug fixes, minor release upgrades, and telephone support. Without procuring the required maintenance, VHA Critical Care staff will not have continued operational availability which will prevent required resources that our staff requires to fulfill the needs of their patients in the Operating Room, ICU and PACU. Additionally, the proprietary DataBridge software was developed by VistA Mumps programmers to provide two-way communication between CIS and VA VistA environment through bidirectional communications using Health Level 7 code and Application Programming Interfaces. No other brand software product is capable of integrating with the current VistA infrastructure and the CIS as there is no other existing software that can interoperate with Mumps programming infrastructure upon which VistA is built. In order to implement another software into the current VistA infrastructure, it would require hundreds of hours of redevelopment by Vista Mumps programmers over a five-year period which would involve testing, validation, and reconfiguration resulting in extensive duplicated costs in the amount of $31,754,612.50 that would not be recovered through competition. This estimate is based on previous efforts for similar VistA software development. Therefore, the renewal of maintenance and support for existing DataBridge software licenses is required for consistency amongst the VISN VA Medical Centers (VAMC) so communication between hospital s CIS and VA Computer Data Centers can be transmitted without any disruption from the assignment of therapy to the calculation of chemotherapy doses to the documentation of care. Not having the DataBridge software consistently implemented across the VISN would have adverse effects on the transmission of information between VISN VAMC s Anesthesia, PACU and ICU critical care areas and their VistA, VistA Imaging and Computerized Patient Record System servers thereby potentially putting VISN 8 most critically ill Veterans at risk of receiving inappropriate care, illness or possible death as vital critical care data won t be updated in the patient s critical care charting system. 6. Efforts to Obtain Competition: Market research was conducted, details of which are in the market research section of this document. This effort did not yield any additional sources that can meet the Government's requirements. However, the undersigned VA technical representative determined that limited competition is available among resellers for maintenance and support. In accordance with FAR 16.505(a)(4)(iii)(A)(1), this justification will be provided with the solicitation to all appropriate NASA SEWP V GWAC holders. Furthermore, in accordance with FAR 5.301, 16.505(b)(2)(ii)(D), and 16.505(a)(4)(iii), the award notice for this action will be synopsized on the Contracting Opportunities website and this justification will be made publicly available within 14 days of award. 7. Actions to Increase Competition: In order to remove or overcome barriers to competition in future acquisitions for this requirement, the Government will continue to perform market research to determine if there are any new products or maintenance services available that will fulfill the Government s need. 8. Market Research: In August 2020, the Government's technical experts reviewed similar products to determine their ability to provide software maintenance and support to ascertain if they could meet VA's requirements. The Government's technical experts conducted web-based research for other similar virtual server software available from Cerner and Epic to ascertain if other products could meet the Government s requirements for interoperability and compatibility with VHA s existing DSS infrastructure currently utilizing DSS DataBridge software. Specifically, Cerner, Epic, and other companies can work with Windows based programs; however, they do not interoperate with Mumps programming infrastructure that VistA is built on. As a result of market research, the technical experts confirmed that the source code required to issue the upgrades and patches is proprietary, accordingly only DSS or its resellers are capable of providing the required maintenance and upgrades for the existing DSS DataBridge software. No other manufacturer has the capability of developing and issuing software upgrades and patches for DSS DataBridge software necessary to support existing VHA requirements. Based on the above, only DSS DataBridge software maintenance and support meets all the Government s requirements. In October 2020, the Contract Specialist conducted market research to ascertain the extent of limited competition among authorized resellers of the required maintenance and support. Through the use of the Provider Look-up tool on the NASA SEWP V GWAC website, one Service-Disabled Veteran-Owned Small Businesses (SDVOSBs) and one small business were identified as resellers of the required maintenance and support for seven existing brand name DSS CIS Clinical DataBridge software licenses. Additionally, the Contract Specialist contacted DSS, Inc. via phone to confirm there are no other SDVOSB resellers of these DSS products and support. A representative from DSS confirmed that Minburn Technology was the only SDVOSB reseller of the DSS maintenance and support for software licenses. Further, DSS, Inc. confirmed that Small Business reseller GMC Tek was a reseller of the products as well. Therefore, the subject solicitation will be issued for consideration of quotes from all Small Business GWAC holders in Groups B(1) Historically Underutilized Business Zone, B(2) SDVOSB, and Group C Small Business. 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. Date: _________________________ VA 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 anticipated limited competition. Additionally, NASA SEWP V has already determined the prices on contract to be fair and reasonable and more competitive pricing may result from competition. Finally, the successful quote will be compared with the Independent Government Cost Estimate. Date: ________________________________ Procuring Contracting Officer Signature: ____________________________ 12. Procuring Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief. Date: ________________________________ Procuring Contracting Officer Signature: ____________________________ Approval In my role as procuring activity Advocate for Competition, based on the foregoing justification, I hereby approve the acquisition for maintenance and support for seven existing brand name DSS CIS Clinical DataBridge software licenses, on an other than fair opportunity basis pursuant to the statutory authority cited in Section 4 above, subject to availability of funds, and provided that the services herein described have otherwise been authorized for acquisition. Date: ____________ Signature: _________________________________ Advocate for Competition Technology Acquisition Center Office of Procurement, Acquisition and Logistics