1.5.1 FAR 13.5_Redacted SSJ_Dental.Radiology.pdf

OFFICE OF ACQUISITION MANAGEMENT

ICE Acquisition Manual 3006.301-90

SOLE SOURCE JUSTIFICATION: SIMPLIFIED PROCEDURES FOR CERTAIN

COMMERCIAL ITEMS EXCEEDING SAT, INCLUDING BRAND NAME

J&A-23-00296

Pursuant to the requirements under the authority of simplified procedures for commercial items at 41 U.S.C. 1901 as implemented by Federal Acquisition Regulation (FAR) Subpart 13.501 and consistent with the content requirements of FAR 6.303-2.

1. Agency and Contracting Activity.

The Department of Homeland Security, U.S. Immigration and Customs Enforcement, Office of the Chief Information Officer proposes to enter a contract on behalf of the Solutions Delivery Division, ERO Portfolio Branch on a basis of other than full and open competition.

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

(a) Type of action: Firm Fixed Price Contract – new contract

(b) Amount the current J&A is justifying: $________

(c) Brief Description: OAQ intends to procure, on a sole source basis, Dexis Titanium dental sensors and Medicor Imaging Picture Archiving and Communication System (MiPACS) Dental Enterprise Solution using simplified acquisition procedures. This action is taken pursuant to the authority of FAR 13.501. The vendor listed below is the only company that can provide the required software and dental sensors.

Henry Schein Dental, INC.

135 Duryea Road Melville, New York 11747

3. Description of Supplies/Services. Describe the supplies or services to be acquired. Provide the estimated total value (including options, if any).

This requirement is to provide sixteen Dexis Titanium dental sensors and MiPACS software license, installation, and product support at an estimated total cost of $______. The software and dental sensors are required to facilitate the dental care of non-citizens in detention custody at designated IHSC clinics.

Period Time Price Total Base 12 mos. $________ $_________ Option Year 1 12 mos. $________ $_________ Option Year 2 12 mos. $________ $_________ Option Year 3 12 mos. $________ $_________ Option Year 4 12 mos. $________ $_________ Total $________

4. Identification of the authority.

This action is being taken under the authority of Simplified Procedures for Commercial Items, 41 U.S.C. 1901 as implemented by FAR 13.501.

http://uscode.house.gov/

SOLE SOURCE JUSTIFICATION: SIMPLIFIED PROCEDURES FOR CERTAIN

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

During April 2022 market research discussions with ICE Health Service Corps’ (IHSC) dental software vendor, Sirona Dental, IHSC discovered the vendor could not demonstrate an ability to meet the scope of work requested for future dental requirements due to upgrades to IHSC’s electronic health record (EHR). Sirona Dental recommended IHSC contact Medicor Software solutions regarding their software, MiPACS. In May 2022, IHSC coordinated with their EHR vendor to schedule a meeting with MiPACS to review their software’s capabilities and view a demonstration.

The demonstration was in collaboration with IHSC’s EHR to show the interoperability between the two pieces of software.

After the review of MiPACS’ capabilities and demonstration, it was determined the dental image viewer and repository combination software solution will allow IHSC dental staff to obtain, access, and view dental images across all sixteen physical IHSC dental clinics and designated headquarters computers. The system interfaces with IHSC’s current (EHR and any future EHR database; provides interoperability with a wide range of dental imaging hardware (intraoral x-ray sensors, panoramic units, and intraoral cameras); has capacity to operate on low bandwidth; functions seamlessly in the secure ICE environment; and provides timely updates to prevent vulnerability of the ICE network.

The system is unique in that it is cloud capable and can operate on individual dental staff desktops when the internet and/or EHR system are not available. Of the seventeen software applications compatible with IHSC’s EHR software, MiPACS is the only one responsible software solution that can satisfy IHSC’s technology and clinical requirements to ensure patients receive adequate care while in ICE facilities.

In early February 2023, IHSC solicited MiPACS to provide the names of vendors authorized to distribute/sell the MiPACS software license. MiPACS provided the names of Four Points Technology, LLC., and Henry Schein, INC. Four Points Technology confirmed selling/distributing MiPACS software licenses; however, during market research inquiries, Four Points Technology declined via email to complete the full requirement of providing dental sensors as part of the scope of work.

On February 15, 2023, IHSC contacted Henry Schein to inquire if they could fulfill the complete requirement of software license and dental sensors as part of the market research. Of the two vendors, Henry Schein, Inc. proved to be the only vendor willing to meet the requirement of providing both dental sensors and software licenses for the MiPACS software solution. Due to the limited competition between vendors for selling/distributing the specific brand name software, MiPACs, on February 24, 2023, it was determined that this requirement could only be awarded to one vendor, Henry Schein.

On September 19, 2023, the government confirmed with MiPACS the vendors who sell/distribute their software licenses. The inquiry confirmed there are only two vendors, Four Point Technology, LLC., and Henry Schein, INC., as resellers of MiPACS’ licenses.

On September 29, 2023, the government posted a new RFI on Sam.gov to determine whether there were other vendors who could provide MiPACs software licenses and oral dental sensors. On October 13, 2023, the RFI closed with no responses. Henry Schein continues to be the only vendor able to provide the requirements as specified by the government.

SOLE SOURCE JUSTIFICATION: SIMPLIFIED PROCEDURES FOR CERTAIN

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable.

In 2021, IHSC began market research to find a dental image viewer software application and compatible dental sensors that could work both on and offline, provide clinicians access to dental images regardless of the dentist’s location, and provide interoperability with IHSC’s current EHR.

The government posted a request for information (RFI) and one vendor responded. The vendor did not meet the requirements and the government took no further action.

From April 2022 to March 2023, IHSC consulted with the dental vendor, Sirona Dental, reviewed other government agencies’ reviews regarding dental image viewer software applications, and analyzed comparable software. Commander (CDR) Amanda Crowder compared seventeen software applications that interface with IHSC’s EHR, MiPACS is the only software that meets IHSC’s requirement and is compatible with the type of dental sensor that IHSC dental services require.

The government contacted MiPACS in February 2023 and September 2023, to identify vendors who sell their software licenses. Both inquiries identified only two vendors, Four Point Technology, LLC., and Henry Schein, INC., as resellers of their licenses.

7. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The contracting officer determines that the anticipated price of the new contract will be fair and reasonable, based on the costs of the software and the dental sensors for this contract and the IGCE.

8. Description of market research.

In January 2021, IHSC initiated their market research for the procurement of new dental sensors and dental imaging software. In May 2021, the government posted a Request for Information (RFI) on SAM.gov with one respondent. The respondent, Cherokee Federal, was reviewed initially by Brittany Tobias, Jason King, and Garland Williams. It was determined the vendor did not meet the criteria of the RFI. Cherokee Federal proposed a project management solution to procure software and dental sensors, however, they did not provide answers that show prior experience with procurement and deployment of dental software solutions and sensors.

In April 2022, IHSC requested the previous dental image vendor, Sirona Dental, demonstrate their compatibility related to IHSC’s electronic health record (EHR) upgrades. After further discussion with Sirona Dental regarding IHSC’s EHR requirement upgrades, Sirona Dental recommended the MiPACS dental image viewer and repository as a solution, in lieu of, Sirona’s software.

In May 2022, IHSC’s EHR vendor and IHSC program manager communicated with MiPACS to request further information regarding their software and a demonstration. In late May 2022, MiPACS provided a demonstration of their software and compatibility with IHSC’s EHR.

Between June and October 2022, IHSC Dental Unit (IDU) reviewed multiple resources including the United States Air Force Dental Evaluation and Consultation Service rating and Clinician’s Report (a private sector reviewer) regarding MiPACS capabilities and performance. IDU refined their requirements based off vendor and industry information and the MiPACS demonstration. Critical requirements included IHSC’s ability to obtain, access, and view radiographical images from any of the sixteen IHSC dental clinics or headquarters from an image repository on a centralized server, the

SOLE SOURCE JUSTIFICATION: SIMPLIFIED PROCEDURES FOR CERTAIN

ability to utilize the software at the local facility when the network and centralized server are not available, and interface with IHSC’s EHR software. During market research, it was identified the x-rays sensor used with the software/viewer must be capable of capturing images with open architecture software and have interoperability with a wide range of non-proprietary dental imaging viewers and centralized storage platforms. The sensor must ensure image quality, hardware longevity, and outstanding support.

In February 2023, the government requested MiPACS provide the name of a vendor who sold licenses for their software. MiPACS provided Four Points Technology, LLC., as a potential vendor.

Four Points Technology is a Service-Disabled Veteran-Owned Small Business that could provide the license, however, they declined to provide the requirement of dental sensors. IHSC requires an image viewing software solution and dental sensors. The government requested the software company provide an additional vendor name. The software company provided the supply company, Henry Schein, INC. Henry Schein is a large commercial business, but they are the only licensed provider for MiPACS able to provide dental sensors. There are no other vendors who sell the MiPACS license per the software company.

In March 2023, Commander (CDR) Amanda Crowder reviewed the list of IHSC EHR compatible image viewers and repositories provided on IHSC’s EHR vendor’s website. IHSC’s EHR vendor reported seventeen compatible dental image viewers and repositories. CDR Crowder compared the seventeen software applications to IHSC’s software requirements, and the MiPACS software solution was the only identified image viewer that met all IHSC’s requirements.

On September 18, 2023, CDR Crowder contacted MiPACS to confirm the vendors selling the company’s software licenses had not changed. Per MiPACS, Four Points Technology, LLC., and Henry Schein, INC., remain the only two sellers of MiPACS licenses.

9. Any other facts supporting the justification.

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

Upon referral of the MiPACS software from Sirona Dental, MiPACS has expressed interest in writing to work with IHSC on implementation of their software. MiPACS referred IHSC to Four Points Technology, LLC, and Henry Schein. Four Points Technology, LLC expressed in writing they were not interested in providing the full requirements. Henry Schein provided a quote to IHSC, upon IHSC’s request during market research, and reported the company can meet IHSC’s requirements.

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

IHSC can post a draft SOW to receive industry feedback prior to solicitation. IHSC can separate software and hardware requirements; however, the separation of software and hardware requirements increases the government’s chances of incompatibility between software and hardware devices.

12. DHS intends to post the requirement pursuant to FAR 13.501(a)(1)(iii) and 6.305(a)

SOLE SOURCE JUSTIFICATION: SIMPLIFIED PROCEDURES FOR CERTAIN

13. Technical/Requirements Personnel Certification.

I certify this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

Technical Representative/COR Date

14. Contracting Officer’s Certification and Approval

I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

Contracting Officer Date