J035--INNOVATION ROBOTS UPGRADE- Tucson CMOP

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 2: Request for Sole Source Justification Format >SAT OFOC SOP Revision 09 Original Date: 03/22/11 Revision 09 Date: 04/17/2020 Page 1 of 4 DEPARTMENT OF VETERANS AFFAIRS Justification and Approval (J&A) For Other Than Full and Open Competition (>SAT) Acquisition Plan Action ID: 36C770-20-AP-0565 Contracting Activity: Department of Veterans Affairs, VISN 15, Southwest Consolidated Mail Outpatient Pharmacy (CMOP), 762-20-3-038-0685 Nature and/or Description of the Action Being Processed: This is a sole source, firm fixed price contract for additional equipment and functionality for the PharmASSIST PBLR System located at the Southwest Consolidated Mail Outpatient Pharmacy (CMOP). This contract will include shipping, installation, go live support, and one (1) year warranty on equipment. The PharmASSIST equipment was custom built by Innovation Associates, Inc., and is a state of the art, automated dispensing equipment with a daily output of approximately 3,600 prescriptions. The CMOP is dependent upon this high-output, automated dispensing equipment to complete its daily mission and service to the VA Medical Centers and Clinics of the Veterans Health Administration and the Veteran patients. This is a sole source service contract for software updates, controls programming and hardware support related to the PharmAssist systems. Due to the complex nature of the system, aging components, and the improvements, the need for a comprehensive update is critical to sustain productivity and prevent service interruptions to the Veterans. Description of Supplies/Services Required to Meet the Agency s Needs: The Southwest CMOP requires software upgrades for six (6) PharmAssist systems, which includes shipping, installation, go live support and a one (1) year warranty on equipment. Cost per line item on quote include: Workstation Package w/Solid State Drives at $10,772.40, hourly software Engineering services at $280,872.00, and $11,440.00 for Component Installation after Initial System Installation. Total quote amount is $303,084.40. The scope of this project will include Innovation Associates to provide labor, permits, power and logic equipment, software integration and materials to accomplish a variety of software update needs to include: the ability for the technicians to use Two-Factor Authentication utilizing the VA s Personal Identity Verification (PIV) system, which is now a VA mandate. Updates will also provide better quality assurance accuracy allowing the system to record all eleven digits of an NDC log; whereas currently only the first nine digits are recognized. It will provide CPU s that will function properly between the PharmAssist and the Microsoft operating system (Windows 10). Login information will be readily available and searchable for internal tracking and trending purposes. A manufacturer or stock bottle will be scanned as a requirement before a quantity adjustment can be completed, and a supervisor will be required to correct the quantities in the dispenser. Also stated in #7, Per Innovation Associates, once work is performed, we will be able to modify the current contract to incorporate the updates and warranty information. Statutory Authority Permitting Other than Full and Open Competition ( X ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per 41 USC §3304(a)(1) as implemented by FAR 6.302-1; ( ) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR 6.302-2; ( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.302-3; ( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302-4 ( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR 6.302-5; ( ) (6) National Security per 41 USC §3304(a)(6) as implemented by FAR 6.302-6; ( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by FAR 6.302-7; Demonstration that the Contractor s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority Innovation Associates is the developer/manufacturer of the TCA (tablet/capsule automation) system. Innovation Associates is uniquely qualified to provide this support based on their comprehensive understanding of the software, controls programming, hardware design and interface architecture with the CMOP main production control with regards to installation of the TCA system. The Innovation Associates contains proprietary hardware and patented technology that requires technical software and preventive maintenance support through the PharmAssist systems. Some spare parts are proprietary and only available from the manufacturer. The contract requires materials and upgrade services for the automated pharmaceutical dispensers that are proprietary and can best be serviced by the manufacturer. The parts are uniquely designed to work within the Innovation Associates Tablet/Capsule Automation System, and alternatives are not available. To award this level of service contract to a brand new service provider without prior knowledge and understanding of the Innovation Associates TCA system and the CMOP Production Fulfillment System is not conducive to the Southwest CMOP s fast-paced, high speed, integrated pharmacy automation and would not meet the time constraints of an expiring building lease. Delays in modifications or repairs could result in an interruption of service to the Veterans and the pharmacy supply chain. Accordingly, Innovation Associates is the only contractor capable of providing the supplies and services without the Veteran s Health Administration experiencing substantial duplication of cost that could not be expected to be recovered through competition and unacceptable delays in fulfilling its requirements. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable Due to the proprietary nature of the system s software and hardware design, a solicitation for quotes are not expected to produce any results other than Innovation Associates. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: Innovation Associates was awarded the current warranty and maintenance contract for this equipment in July 2016, in the amount of $796,921.68. No section in the current contract provides coverage for the services the VA is requesting. The PharmAssist Tablet/Capsule system is considered a legacy system by Innovation Associates, therefore the recommended work to be performed is needed to keep this equipment as up to date as possible. Per Innovation Associates once work is performed, we will be able to modify the current contract to incorporate the updates and warranty information. Price comparisons were made on the items quoted. The Contracting Officer thereby determines the total anticipated cost to the Government is fair and reasonable. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted Market research was conducted based on the NAICS codes 541511 (Custom Computer Programming Services) for PharmAssist equipment on VIP, Small Business, and GSA. The search yielded 0 vendors for this equipment. Innovation Associates product line and services are on the GSA schedule. However, as the system installed at the Southwest CMOP was a custom build, the exact system configuration or the associated extended warranty/preventive maintenance services offered for this system are not reflected on that schedule. Any Other Facts Supporting the Use of Other than Full and Open Competition: This contract is for the overall system support, which is cost effective if performed by the manufacturer due to its knowledge of system s design. It also presents the best method to provide for patient safety since Innovation Associates understands the inherent risks associated with the system and the internal checks and balances relating to the dispensing mechanisms. The initial contract for the TCA requires the maximum use of commercial off the shelf (COTS) components but allows for the procurement of proprietary and customized parts that are associated with this system. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: Innovation Associates provided cost estimates for this acquisition. 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: Due to its complex, proprietary nature, there are no efforts that can be taken to remove or overcome future barriers to competition. 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. Kathleen A. Remley 401351 Digitally signed by Kathleen A. Remley 401351 Date: 2020.04.29 06:54:40 -07'00' 04/29/2020 Kathy Remley Date Supervisory Pharmacist, COR Southwest CMOP (762) Approvals in accordance with the VHAPM Part 806.3 OFOC SOP: 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. Digitally signed by PENNY J CAPPS PENNY J CAPPS 492179 492179 Date: 2020.04.29 09:50:35 -05'00' Penny J. Capps Date Supervisory Contract Specialist Network Contract Office 15, CMOP One Level Above the Contracting Officer (Required over SAT but not exceeding $700K): I certify the justification meets requirements for other than full and open competition. Digitally signed by James D. Justus James D. Justus 1030208 1030208 Date: 2020.04.29 14:33:29 -05'00' James Justus Date Director of CMOP Acquisitions Network Contract Office 15