1.5.1 REDACTED IHSC_eCW_Sole Source Justification Redacted.pdf

OFFICE OF ACQUISITION MANAGEMENT

ICE Acquisition Manual 3006.301-90

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. 3304

J&A-25-0247

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) in accordance with the requirements of FAR 6.303-1. The justification for the use of the statutory authority under FAR Subpart 6.3 is based on the following facts and rationale required under FAR 6.303-2 as follows:

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE), Office of Acquisition Management (OAQ), proposes to enter into a contract on behalf of Enforcement and Removal Operations (ERO),ICE Health Service Corps (IHSC), Administration Division, 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

(b) Amount of the current J&A: $___________

(c) Brief Description: OAQ intends to procure, on a sole source basis, the Electronic Health

Record (EHR) enterprise platform for managing alien medical records detained in IHSC detention facilities from the vendor listed below.

ECLINICALWORKS (eCW) LLC 2 Technology Drive Westborough, MA 01581-2863

3. Description of Supplies/Services.

This requirement is to award a 12-month bridge contract to provide continued operation, maintenance, and user support used by the IHSC to deliver healthcare across detention facilities nationwide. This requirement includes the ability to maintain mission critical clinical documentation, ensure secure and reliable access to alien health records, support interoperability with existing health information systems, and provide timely software updates, enhancements, and helpdesk services necessary to sustain compliance with federal health standards. . The eCW system serves as the enterprise platform that captures, manages, and maintains all alien medical records for individuals in ICE custody.

In addition to the core EHR functions, this contract will provide:

• Continued licensing for all active 1,478 user accounts

• Ongoing Tier III technical support; to include all training

• Routine software updates, bug fixes, and security patches

• Enterprise Business Objects (eBO) report development

• Support for interfaces with pharmacy, medication administration, referral management, imaging, and laboratory systems

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. 3304

The eCW software support consists of the following:

• Adaptive and corrective software maintenance to ensure software is operational and without flaws and within the desired environment

• Minor software enhancements and upgrade installation to ensure software continues to meet the unique needs of IHSC and that IHSC is operating the latest supported version of eCW, and

• Troubleshooting and technical support to detect and correct potential software errors

This 12-month bridge period allows time to complete the acquisition of a new EHR system and plan for a safe and effective transition. This is a sole source request for a bridge contract of eCW’s corrections commercial off-the shelf (COTS) software for an estimated contract value of

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

The statutory authority permitting other than full and open competition is 41 U.S.C. §3304 as implemented by:

☒ FAR Subsection 6.302-1: Only one responsible source and no other supplies or services will satisfy agency requirements.

☐ 6.302-2: Unusual and compelling urgency.

☐ 6.302-3: Industrial mobilization; engineering, development, or research capability; or expert services.

☐ 6.302-4: International agreement.

☐ 6.302-5: Authorized or required by statute.

☐ 6.302-6: National security.

☐ 6.302-7: Public interest.

5. Demonstration that the nature of the acquisition requires use of the authority cited.

The eClinicalWorks (eCW) EHR system supports health clinics operating in correctional institutions and has been further configured to meet the specific clinical, operational, and reporting requirements of IHSC. These specific configurations enable effective administration and oversight of healthcare services delivered to aliens in ICE custody. These services are essential to support uninterrupted patient care, maintain legally required medical documentation, and ensure compliance with federal healthcare recordkeeping requirements across 18 IHSC detention facilities.

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. 3304

As the sole developer and licensor of the proprietary system, eCW is uniquely positioned to provide uninterrupted support for IHSC’s mission-critical EHR capabilities. . The current vendor is the only source capable of meeting the agency’s minimum needs within the requested period of performance. In addition, eCW is extensively integrated into ICE’s health IT infrastructure and other medical software used to medically manage IAs. eCW possesses the necessary access to the system's source code, configuration settings, and specialized expertise required for maintenance, updates, and support. A new vendor would require at least 18 months to complete custom coding and configuration. Furthermore, eCW holds exclusive data rights to the software, including full ownership of the intellectual property and proprietary algorithms, which precludes any other vendor from legally or technically providing the required services using the existing EHR. This exclusivity further justifies the necessity for a sole-source acquisition.

In addition to the proprietary nature of eCW, this system is tightly integrated with multiple mission-critical subsystems, including medical scheduling, medication administration, laboratory interfaces, reporting tools, and detainee tracking systems. These integrations rely on eCW’s proprietary application programming interfaces (APIs), data schemas, and security protocols that are not publicly available or transferable to other vendors.

Continuity of these services is essential to protect patient safety, ensure accurate medical recordkeeping, and maintain legal and regulatory compliance while the acquisition process for a new enterprise EHR solution is underway. A disruption of EHR services during this transition period would jeopardize the delivery of healthcare to illegal aliens in ICE custody, place staff at risk of not having the information needed for clinical decision-making, and result in potential adverse outcomes and liability exposure. Therefore, uninterrupted support by eCW is the only viable solution.

Loss of eCW sustainment support will result in immediate loss in the ability of clinic staff to provide the care needed to ready illegal aliens for transport directly impacting the ability to meet the mission and goals of the administration. Continued operation of the EHR by eCW is essential as the only entity with the capability to meet ICE’s minimum requirement to maintain uninterrupted healthcare delivery without unacceptable risk to mission-critical operations.

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

No solicitations were issued for this requirement because it is a sole source bridge contract, and no other vendor can provide the necessary services during this period. A review of labor categories and rates on the GSA schedule was conducted from July 21-24, 2025, to verify that the rates proposed by eCW are consistent with current market standards.

☒ OAQ intends to publicize this requirement, prior to award, as required by subpart 5.2 by posting a notice on sam.gov on August 18, 2025].

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. 3304

☐ OAQ does not intend to publicize this requirement, prior to award, based on the following 5.202(a) exception: See FAR 5.202(a)(2).

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 will be fair and reasonable based on a combination of factors including a comparison to current and historical pricing under the existing eCW contract, an Independent Government Cost Estimate (IGCE), and price analysis of similar COTS EHRsystems in the industry which included Cerner Federal Solutions, Clinovations Government +Health, and Healthcare IT Leaders.

8. Description of market research.

IHSC is actively pursuing a competitive acquisition strategy for a replacement of the legacy EHR system. Market research was conducted via Request for Information (RFI) in both the NITAAC and SAM.gov websites. Two RFI’s were released in NITAAC (April 2024 & July 2025) and one additional RFI in SAM.gov in July 2025. In addition to the posted RFI’s, IHSC has conducted demo days where interested vendors have presented their capabilities in the area of electronic health records which includes the operations maintenance and user support portion. The proposed sole-source bridge contract is a short-term solution to maintain continuity of care while the agency finalizes requirements and conducts full and open competition for the new system.

Due to the proprietary nature of the legal system, it significantly limits the pool of viable vendors. eCW is the sole vendor with the rights and expertise to maintain and support the correctional EHR system during this bridge period, making comparison with other vendors infeasible. No other vendors have the technical capability or authorized access to maintain or operate the system without significant risk to system performance, data integrity, and mission continuity.

Based on this analysis, IHSC determined that award to any other source would result in substantial duplication of cost, unacceptable delays, and potential mission failure.

9. Any other facts supporting the use of other than full and open competition.

None.

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

None.

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. 3304

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.

To remove barriers to competition for future acquisitions, the agency has already taken the following steps; gathering data and information to develop robust performance requirements, ongoing market research as well as market engagement including EHR vendor demonstrations, two request for information (RFI), as well as assessing vendor capabilities for a new EHR system. IHSC’s ongoing and comprehensive market research for the new EHR system is underway, analyzing commercial EHR products, as well as conference attendance.

☒ After award of this action, DHS intends to post the approved/signed justification pursuant to 6.305.

☐ After award of this action, DHS does not intend to post the approved/signed justification in accordance with 6.305(f).

12. Contracting Officer’s Certification.

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

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. Approval.

Competition Advocate Date