On August 25, 2013, the Department of Defense (“DoD”) released its finalized solicitation to vendors who are interested in contending for the nearly $11 billion contract to provide an off-the-shelf electronic health record (EHR) software solution aimed at modernizing the DoD’s aging in-house systems, as well as the program support to foster interoperability with the Department of Veterans Affairs (VA) system. We previously reported on the DoD’s decision not to adopt the VA’s current VISTA system, and to move forward with an open competition for a new system instead.

The DoD’s request for proposals (RFP) has already attracted interest from some big players in the healthcare IT industry, including Epic teaming with IBM; Allscripts teaming with HP and Computer Sciences Corporation; and (most recently) PwC U.S. teaming with DSS, MedSphere, and General Dynamics Information Technology to put together a competitive bid.

In the cover letter for the solicitation, Capt. John H. Windom, Program Manager of the Department of Defense Healthcare Management Systems Modernization (DHMSM) notes that DoD “exposed industry early and often to [the] requirements development process through a series of industry days, draft RFPs, and targeted requests for information. . . . The DHMSM Program remains committed to executing an impartial, equitable, and structured acquisition and source selection process.”

The RFP is the latest step in a long line of efforts by the DoD to modernize its EHR system and increase coordination with the VA system. This move follows from earlier unsuccessful attempts by the DoD and the VA to create a joint EHR system, and the subsequent decision for each agency to focus on their own “core” technologies while prioritizing interoperability.

Interested vendors have until October 9, 2014 at 2:00 PM Eastern to submit their bids.

 

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Photo of Jennifer Plitsch Jennifer Plitsch

Jennifer Plitsch leads the firm’s Government Contracts Practice Group, where she works with clients on a broad range of issues arising from both defense and civilian contracts including contract proposal, performance, and compliance questions as well as litigation, transactional, and legislative issues.

She…

Jennifer Plitsch leads the firm’s Government Contracts Practice Group, where she works with clients on a broad range of issues arising from both defense and civilian contracts including contract proposal, performance, and compliance questions as well as litigation, transactional, and legislative issues.

She has particular expertise in advising clients on intellectual property and data rights issues under the Federal Acquisition Regulations (FAR) and obligations imposed by the Bayh-Dole Act, including march-in and substantial domestic manufacturing. Jen also has significant experience in negotiation and compliance under non-traditional government agreements including Other Transaction Authority agreements (OTAs), Cooperative Research and Development Agreements (CRADAs), Cooperative Agreements, Grants, and Small Business Innovation Research agreements.

For over 20 years, Jen’s practice has focused on advising clients in the pharmaceutical, biologics and medical device industry on all aspects of both commercial and non-commercial agreements with various government agencies including:

  • the Department of Veterans Affairs (VA);
  • the Department of Health and Human Services (HHS), including the Biomedical Advanced Research and Development Authority (BARDA), the National Institutes of Health (NIH), and the Centers for Disease Control (CDC);
  • the Department of Defense (DoD), including the Defense Threat Reduction Agency (DTRA), the Defense Advanced Research Projects Agency (DARPA), and the Joint Program Executive Office for Chemical Biological Defense (JPEO-CBRN); and
  • the U.S. Agency for International Development (USAID).

She regularly advises on the development, production, and supply to the government of vaccines and other medical countermeasures addressing threats such as COVID-19, Ebola, Zika, MERS-CoV, Smallpox, seasonal and pandemic influenza, tropical diseases, botulinum toxin, nerve agents, and radiation events. In addition, for commercial drugs, biologics, and medical devices, Jen advises on Federal Supply Schedule contracts, including the complex pricing requirements imposed on products under the Veterans Health Care Act, as well as on the obligations imposed by participation in the 340B Drug Pricing program.

Jen also has significant experience in domestic sourcing compliance under the Buy American Act (BAA) and the Trade Agreements Act (TAA), including regulatory analysis and comments, certifications, investigations, and disclosures (including under the Acetris decision and Biden Administration Executive Orders). She also advises on prevailing wage requirements, including those imposed through the Davis-Bacon Act and the Service Contract Labor Standards.

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