1. JOFOC SCC.doc

Justification for Other than Full and Open Competition

“Source Selection Information – see FAR 2.101 and 3.104”

1. Identification of the agency and contracting activity.

a. Federal agency and contracting activity. HHS. HHS, National Institutes of Health

b. Sponsoring organization. NIH Clinical Center Department of Clinical Research Informatics

c. Project Officer information.

· Project Officer name Dr. Jon McKeeby

· Mailing address 10 Center Drive Bldg

· E-mail address jmckeeby@nih.gov

· Telephone number 301-496-3826

2. Nature and/or description of the action being approved.

a) Acquisition purpose and objectives. The purpose of this acquisition is to continue to obtain Soft software and hardware license and maintenance services for the IBM hardware and AIX operating system for servers that support the existing Laboratory Information System (LIS). Specifically, the contractor will be required to provide onsite support on the LIS and provide genuine IBM hardware replacement parts as required within 4 hours from notification of failure. The contractor will be required to provide Soft Computer application level support to all the modules that the Clinical Center currently has installed. In addition, the contractor will provide device specific interface support for the laboratory equipment, which communicates with the LIS system. These services and products are to be available to the agency 24 hours a day, 7 days per week, 365 days per year.

b) Project background. Contract No. 263-96-C-0119 was awarded by the Clinical Center in August 1996. The purpose of this contract was to install a new Laboratory Information System (LIS) that supports the information processing requirements of three Clinical Center departments, namely Clinical Pathology (CPD), Anatomic Pathology (AP) and Transfusion Medicine.

This system has outstanding reliability and flexibility and the capacity to accommodate non-standard testing methods and reporting as well as individualized specifications for different NIH Institutes, Centers or Departments (ICD’s), different protocols and changing health and research objectives of NIH researchers. Additionally, this system has the capability to replace human tasks (i.e. entering test request data into test instruments, receiving results electronically, evaluating results electronically, and delivering results to the Clinical Information Research System (CRIS). Each of these steps and others in special cases automates a formerly manual process. Each instrument that is interfaced to the LIS creates an immediate efficiency.

This integrated information processing system serves the three departments and creates the opportunity to share important medical test data, supporting the fulfillment of the NIH Clinical Center’s primary mission of supporting scientific research involving human patients.

Soft Computer Corporation (SCC) has been the incumbent since the initial install of the software and due to its proprietary nature they have performed the ongoing maintenance and support on the system.

The following is a listing of the awards since the original award in 1996 through the current award, associated award numbers, the period of performance and the amounts of the individual awards.

All of the above awards were made on a sole source basis due to the proprietary nature of the LIS Software and the fact that SCC does not allow third party maintenance for the software. The awards were made under the authority of FAR 6.302-1; only one responsible source and no other supplies or services will satisfy agency requirements.

3. Description of the supplies or services required to meet the agency’s needs (including the estimated value).

a. Project title. “Hardware, Software, and Interface maintenance and support of the Soft Computer Systems and modules that make up the Clinical Center Laboratory Information System (LIS) “

b. Project description. Please see the Statement of Work attached hereto (Attachment No. 1) :

· Requirement type. :

( Research & development (R&D)

( R & D support services

( Support services (non-R&D)

( Supplies/equipment

( Information technology (IT)

( Construction ( Architect-engineer (A & E) services

( Design-build ( Other (specify): ____________________

· Type of action. :

( New requirement

( Follow-on

( Other (specify): ______________________

· Proposed contract/order type.

X Firm-fixed-price ( Other fixed-price (specify, e.g., fixed-price award-fee, fixed-price incentive-fee): ________ ( Cost-plus-fixed-fee

( Other cost reimbursement (specify, e.g., cost-plus-award-fee, cost-plus-incentive-fee): ___________

( Time and materials

( Indefinite delivery (specify whether indefinite quantity, definite quantity, or requirements): ___________

( Other (specify): ___________ ( Completion Form ( Term form

· Acquisition identification number.

POTS #25-008398

c. Total estimated dollar value and performance/delivery period.

See IGCE Period of Performance:

See other documents

4. Identification of the statutory authority permitting other than full and open competition.

( This acquisition is conducted under the authority of 41 United States Code (U.S.C.) 253(c)(1) as set forth in Federal Acquisition Regulation (FAR) 6.302-1.

( This acquisition is conducted under the authority of section 4202 of the Clinger-Cohen Act of 1996.

( This acquisition is conducted under the authority of the Services Acquisition Reform Act of 2003 1 U.S.C. 428a).

5. Demonstration that the proposed contractor(s) unique qualifications or the nature of the acquisition requires use of the authority cited.

a. Name and address of the proposed contractor(s).

Soft Computer Corporation (SCC) 5400 Tech Data drive

Clearwater, FL 33760

b. Nature of the acquisition and proposed unique qualifications of the contractor(s).

The current LIS software system is proprietary to SCC who developed it. SCC does not permit 3rd party maintenance and will not release their source code to other entities.

As the LIS modules in the Clinical Center are currently handling large volumes of patient data and test and diagnostic results, it is absolutely imperative that there be no interruption in the ongoing operation/functioning of the existing system. Patient safety is of great concern if there is a system failure or interruption in service. Therefore it is critical that the system continues to be maintained by SCC who is the only source capable of providing the necessary maintenance, including making revisions to the source code as circumstances may dictate.

Because the LIS helps support patient diagnosis and care activities, it is deemed a mission critical system for the Clinical Center. The proprietary status of the system to SCC clearly demonstrates that they are the only firm qualified to perform the required maintenance services.

6. Description of the efforts made to ensure that offers are solicited from as many potential sources as practicable. Indicate whether a FedBizOpps notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies.

7. Determination by the Contracting Officer that the anticipated cost/price to the Government will be fair and reasonable.

An award will be made only if, during negotiations, it is shown through cost and/or price analysis that the anticipated costs to the Government will be fair and reasonable

8. Description of the market research conducted (see FAR Part 10) and the results, or a statement of the reasons market research was not conducted.

9. Any other facts supporting the use of other than full and open competition- The LIS software provided by SCC is proprietary and cannot be supported or maintained through a 3rd party provider. However, if it was feasible to solicit and recruit an alternate provider the following are the potential risks and cost that would be associated with this action.

First and foremost there would a learning curve for any new service provider that would entail the need to have the current provider and the new provider under contract for a period of four to six months. This would be required due to the critical nature of the software as it relates to patient care and research documentation. There cannot be a lapse in service or downtime for this information system.

The cost if the system was to go down for any period of time is immeasurable due to the lost of research data and the potential risks that the patients may be exposed to due to such down time of the LIS.

10. Listing of sources, if any, that expressed, in writing, an interest in the acquisition

11. Statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the required supplies or services.

Because of the proprietary nature of the Laboratory Information Systems Software, it is highly unlikely that a viable alternative source exists. However, the staff of the Department of Clinical Research Informatics will keep abreast of and monitor new developments in this area of software systems. Should a viable alternative to the provision of technical software support/maintenance services for the Laboratory Information System by SCC becomes available during the contract period of performance, its use would be considered and any subsequent procurement would then be competed.

12.

Program office certification.

This is to certify that the portions of this justification that have been developed by the undersigned program office personnel, including supporting information and/or data verifying the Government’s minimum needs, schedule requirements and other rationale for other than full and open competition, are accurate and complete.

13.

Contracting Officer certification.

This is to certify that the justification for the proposed acquisition has been reviewed and that to the best of my knowledge and belief the information and/or data provided to support the rationale and recommendation for approval is accurate and complete.

Contracting Officer

14.

Chief of the Contracting Office and Head of the Contracting Activity signature(s). .

Chief of the Contracting Office

Head of the Contracting Activity

15.

Competition Advocate signature.

Competition Advocate

16.

HHS Senior Procurement Executive signature.

HHS Senior Procurement Executive

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