[{"innerBlocks":[],"name":"core\/freeform","postId":3059,"blockType":{"name":"core\/freeform","keywords":[],"attributes":{"content":{"type":"string","source":"raw"},"lock":{"type":"object"}},"providesContext":[],"usesContext":[],"selectors":[],"supports":{"className":false,"customClassName":false,"reusable":false},"styles":[],"variations":[],"apiVersion":3,"title":"Classic","description":"Use the classic WordPress editor.","category":"text"},"originalContent":"CliniComp International, a San Diego-based electronic health record vendor, has filed a legal complaint in the U.S. Court of Federal Claims attempting to prevent the Department of Veterans Affairs from awarding a sole source contract to Cerner to replace the VA\u2019s legacy EHR.

According to CliniComp\u2019s court filing, the company is seeking \u201cdeclaratory and injunctive relief\u201d to stop the VA from \u201cviolating the Competition in Contracting Act (CICA) of 1978.\u201d In addition, the document calls the VA\u2019s decision to make the no-bid award to Cerner \u201carbitrary, capricious\u201d and \u201can abuse of discretion\u201d that violates CICA and federal acquisition regulations.

\u201cFull and open competition is in the public interest,\u201d states the lawsuit.

In early June, VA announced that it plans to replace its decades-old Veterans Health Information Systems and Technology Architecture (VistA) with the same Cerner Millennium EHR that the Department of Defense is currently rolling out to military sites in the Pacific Northwest.

Also See:<\/b> VA picks Cerner to replace legacy EHR system<\/a>

As a health IT vendor for both the DoD and VA, CliniComp sees itself as a \u201cprospective offeror with a direct economic interest\u201d in the VA\u2019s EHR procurement that is currently capable of meeting the agency\u2019s requirements, while Cerner\u2019s system is not. Further, the company\u2019s lawsuit contends that it filed a formal protest with the VA in June that the agency denied earlier this month.

\u201cNobody disputes the health of veterans needs to be a top priority, and the systems need to be as modern as possible, but to achieve that we need a fair and transparent process when it comes to VA contracts\u2014one that was missing in this case,\u201d said Chris Haudenschild, CEO of CliniComp, in a written statement.

\u201cIt is especially regrettable there was no competition because we know the transition is expected to take a decade, and cost tens of billions of dollars, yet the VA did no due diligence before moving forward,\u201d added Haudenschild. \u201cWith the health of our veterans, and with this much time and money at stake, our veterans expect and deserve much better.\u201d

VA officials were not immediately available for comment.

However, when Secretary David Shulkin announced in June his intention to award Cerner a no-bid contract to the replace the VA\u2019s legacy VistA system, he said that\u2014because of the \u201curgency and the critical nature\u201d of the decision\u2014the agency had \u201cdecided that there is a public interest exception to the requirement for full and open competition in this technology acquisition.\u201d

But, CliniComp\u2019s legal complaint charges that Shulkin\u2019s use of the public interest exception to CICA lacks a rational basis. The document also contends that the \u201curgency that is compelling Secretary Shulkin to award a sole source contract to Cerner is a consequence of the VA\u2019s lack of advance planning.\u201d

Nonetheless, Shulkin in June claimed that he exercised his authority as head of the VA and \u201csigned what is known as a \u2018Determination and Findings\u2019 or D&F,\u201d which he described as a \u201cspecial form of written approval by an authorized official that is required by statute or regulation as a prerequisite to taking certain contract actions.\u201d Using the D&F, the Secretary insisted that he had the legal right to \u201cissue a solicitation directly to Cerner Corporation for the acquisition.\u201d

A Cerner spokesperson declined to comment on the court case and instead referred the matter to the Department of Justice\u2019s Office of Public Affairs.

\u201cWe are aware of the complaint and made our initial appearance before the court in a sealed status conference yesterday afternoon,\u201d said DOJ spokeswoman Nicole Navas Oxman. \u201cThe court has issued a scheduling order.\u201d
","saveContent":"CliniComp International, a San Diego-based electronic health record vendor, has filed a legal complaint in the U.S. Court of Federal Claims attempting to prevent the Department of Veterans Affairs from awarding a sole source contract to Cerner to replace the VA\u2019s legacy EHR.

According to CliniComp\u2019s court filing, the company is seeking \u201cdeclaratory and injunctive relief\u201d to stop the VA from \u201cviolating the Competition in Contracting Act (CICA) of 1978.\u201d In addition, the document calls the VA\u2019s decision to make the no-bid award to Cerner \u201carbitrary, capricious\u201d and \u201can abuse of discretion\u201d that violates CICA and federal acquisition regulations.

\u201cFull and open competition is in the public interest,\u201d states the lawsuit.

In early June, VA announced that it plans to replace its decades-old Veterans Health Information Systems and Technology Architecture (VistA) with the same Cerner Millennium EHR that the Department of Defense is currently rolling out to military sites in the Pacific Northwest.

Also See:<\/b> VA picks Cerner to replace legacy EHR system<\/a>

As a health IT vendor for both the DoD and VA, CliniComp sees itself as a \u201cprospective offeror with a direct economic interest\u201d in the VA\u2019s EHR procurement that is currently capable of meeting the agency\u2019s requirements, while Cerner\u2019s system is not. Further, the company\u2019s lawsuit contends that it filed a formal protest with the VA in June that the agency denied earlier this month.

\u201cNobody disputes the health of veterans needs to be a top priority, and the systems need to be as modern as possible, but to achieve that we need a fair and transparent process when it comes to VA contracts\u2014one that was missing in this case,\u201d said Chris Haudenschild, CEO of CliniComp, in a written statement.

\u201cIt is especially regrettable there was no competition because we know the transition is expected to take a decade, and cost tens of billions of dollars, yet the VA did no due diligence before moving forward,\u201d added Haudenschild. \u201cWith the health of our veterans, and with this much time and money at stake, our veterans expect and deserve much better.\u201d

VA officials were not immediately available for comment.

However, when Secretary David Shulkin announced in June his intention to award Cerner a no-bid contract to the replace the VA\u2019s legacy VistA system, he said that\u2014because of the \u201curgency and the critical nature\u201d of the decision\u2014the agency had \u201cdecided that there is a public interest exception to the requirement for full and open competition in this technology acquisition.\u201d

But, CliniComp\u2019s legal complaint charges that Shulkin\u2019s use of the public interest exception to CICA lacks a rational basis. The document also contends that the \u201curgency that is compelling Secretary Shulkin to award a sole source contract to Cerner is a consequence of the VA\u2019s lack of advance planning.\u201d

Nonetheless, Shulkin in June claimed that he exercised his authority as head of the VA and \u201csigned what is known as a \u2018Determination and Findings\u2019 or D&F,\u201d which he described as a \u201cspecial form of written approval by an authorized official that is required by statute or regulation as a prerequisite to taking certain contract actions.\u201d Using the D&F, the Secretary insisted that he had the legal right to \u201cissue a solicitation directly to Cerner Corporation for the acquisition.\u201d

A Cerner spokesperson declined to comment on the court case and instead referred the matter to the Department of Justice\u2019s Office of Public Affairs.

\u201cWe are aware of the complaint and made our initial appearance before the court in a sealed status conference yesterday afternoon,\u201d said DOJ spokeswoman Nicole Navas Oxman. \u201cThe court has issued a scheduling order.\u201d
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Vendor lawsuit alleges VA contract award to Cerner violates law

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