15BNAS21FW9M10014.pdf

National Acquisitions Section Limited-Sources Justification

Pursuant to the Federal Acquisition Regulation (FAR) Subpart 8.405-6 and the Bureau of Prisons Acquisition Policy (BPAP) Subpart 6.304(c), the Federal Bureau of Prisons has determined that restricting consideration of schedule contractors is justified for this procurement action. This acquisition is conducted under the authority of the Multiple Award Schedule (MAS) program. The following is a list of supporting documentation for this Limited- Sources Justification in accordance with FAR Subpart

8.405 6(c)(2):

1. Contracting Agency – U.S. Department of Justice, Federal Bureau of Prisons (Bureau),Central Office, Administration Division, Acquisitions Branch, National Acquisitions Section.

2. Description of Action Being Approved – This action will be a fixed firm-price task order with a twelve month performance period issued pursuant to the terms and conditions of the referenced General Services Administration (GSA) Federal Supply Schedule (FSS) contract. The Bureau is preparing this justification and requesting approval as required by FAR Subpart 8.405-6(c)(2) and the BPAP Subpart 6.304(c).

3. Description of Supplies and Services Required to Meet the Agency’s Needs - Inclusive of the Estimate Value – The Bureau of Prisons Health Technology Branch is required to maintain the Bureau of Prisons’ (BOP) Electronic Medical Record (BEMR) system within the BOP network. This acquisition is for annual maintenance, support and server administration necessary to comply with Bureau and Department of Justice information technology and security standards, as well as Health Services Division health information standards.

The estimated value of these services is $1,376,290.56.

4. Authority Cited – This acquisition is being conducted under the statutory authorities for the MAS program which are 41 U.S.C. 152(3), Competitive Procedures, and 40 U.S.C. 501, Services for Executive Agencies. This justification is limiting sources in accordance with FAR 8.405-6(a)(1)(i)(B); only one source is capable of providing the services required at the level of quality required because the services are unique and highly specialized.

Advanced Technologies Group, LLC. (ATG) is the manufacturer of the BEMR software system which is currently being used throughout the Bureau. ATG offers a perpetual license

09-20-0129, NAS, BEMR, Annual Maintenance which would allow the Bureau to use the software at all institutions operated, and managed by the Bureau. ATG owns the proprietary rights to the software installed on the file servers and is the only source capable of implementing the requirements of this statement of work and maintaining the software and the hardware on which it is installed. The software is data rights and copyright protected. ATG has not granted reseller authority to any vendors for support and maintenance of the electronic medical records software and/or to perform any hardware services related to the software. To obtain a similar product/service would not be economically feasible due to the substantial investment in the BEMR system.

5. Contracting Officer’s Best Value Determination – This award will be made in accordance with the terms and conditions of the referenced GSA FSS for which the GSA Contracting Officer has already determined the price to be fair and reasonable, pursuant to FAR 8.404 (d). A separate determination is not required. Based on a comparison of previous and current Government contract prices for these services, the Bureau’s Contracting Officer has determined that the utilization of the GSA FSS represents the best value to the Government.

6. Market Research – Market research revealed that ATG is the only contractor capable of providing the hardware, software and services necessary to implement the requirements of this statement of work. As no other contractors are available, competition cannot be obtained. Market research revealed the ability to procure the requirement via the GSA FSS.

7. Other Factors –N/A

8. Statement of Actions to Remove or Overcome Any Barrier – For the reasons stated previously, no actions are available to the Bureau which could remove competition barriers before subsequent acquisition of the required services.

09-20-0129, NAS, BEMR, Annual Maintenance

9. CONTRACTING OFFICER’S CERTIFICATION

I hereby certify this request for Limited Sources Justification is made in good faith and the supporting data and information are accurate and complete to the best of my knowledge and belief.

Digitally signed by VANESSA

VANESSA JACKSON JACKSON

Date: 2020.09.09 07:52:11 -04'00'

Vanessa Jackson, Contracting Officer National Acquisitions Section

Date

10. TECHNICAL CERTIFICATION

I hereby certify that, to the best of my knowledge and belief, this requirement meets the Government's minimum need and that the supporting data, which forms the basis of this justification, is accurate, complete and current.

Digitally signed by CURTIS JONES Date: 2020.09.09 08:09:33 -04'00'

Curtis Jones Information Technology Specialist

11. CONCURRENCE

Date

I hereby certify that the above justification is accurate and complete to the best of my knowledge and belief.

Robert Bland, Chief National Acquisitions Section

Da

Catherine S. Scott, Chief Acquisitions Branch/Procurement Executive

Date

Approved By:

Loneryl Burns Senior Deputy Assistant Director for Administration/Competition Advocate

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CURTIS JONES

Date

ROBERT BLAND Digitally signed by ROBERT BLAND Date: 2020.09.16 11:33:20 -04'00'

09-20-0129, NAS, BEMR, Annual Maintenance

CATHERINE SCOTT

Digitally signed by CATHERINE

SCOTT

Date: 2020.09.16 14:21:33 -04'00'

Date: 2020.10.01 15:25:11 -04'00'