A.02 Sole Source Justification and Approval - WebEOC - FY23 v4 - 7-25-23 redacted.pdf

CUI//SP-PROCURE

Control Number: 23-RHCO-A-370

RFQ: W91YTZ23Q0123

Source Selection Sensitive, See FAR 2.101 and FAR 3.104

Sole Source Justification For Acquisitions under the Simplified Acquisition Threshold

(Simplified Acquisition Threshold is $250K)

1. Contracting Activity:

Medical Readiness Contracting Office-East (MRCO-E) Fort Liberty Health Contracting Branch 9275 Doerr Road, Building 1221 Fort Belvoir, VA 22060

2. Description of Action:

Requirement: New Repeat Pricing: Firm-Fixed Price Time & Materials Cost Funds: OMA Other Funds: DHP____ Total Dollar Value:

Name of Intended Contractor: ESi Acquisition, Inc., Juvare Company Street Address: 235 Peachtree St.

City, State, Zip: Atlanta, GA 30303

Phone: 470-279-6500

Period of Performance: 1 September 2023 – 30 August 2024

3. Description of Supplies/Services: Contractor shall provide a Federal Risk and Authorization Management Program (FedRAMP) approved, Hospital Incident Command System (HICS) compliant system. FedRAMP standardizes security assessments and authorizations for cloud products and services used by U.S. federal agencies. The goal is to make sure federal data is consistently protected. HICS compliance ensures consistencies with the MEDCEN’s Emergency Operations Plan (EOP) and allows for easy of interoperability with surrounding community hospitals. To ensure no interruption of capability, is critical in maintaining Joint Commission accreditation. WebEOC is an emergency communication and record logging computer-based module that is FedRAMP approved, minimizes disruption of services and is used on our installation and surrounding community. ESI Acquisition -Javare will use an external cloud platform to store, process, and/or transmit covered defense information in performance of the resultant contract. Any Contractor must meet the security requirements equivalent to those established by the Government for the Federal Risk and Authorization Management Program (FedRAMP) Moderate baseline. ESI-Javare is the only known contractor that is FedRAMP approved. Contractor will ensure the WebEOC program produces rapid and accurate information. It must be available for utilization 24hrs per day.

4. Authority Cited:

RFQ: W91YTZ23Q0123

CUI//SP PROCURE

Source Selection Sensitive, See FAR 2.101 and FAR 3.104

(a) FAR 13.106-1(b)(1)(i): Only one source reasonably available (e.g., urgency, exclusive licensing agreement, brand name or industrial mobilization).

(b) FAR 13.106-1(b)(1)(ii): Only one source can provide a portion of the purchase that is a particular brand-name item;

(c) FAR 8.405-6(a)(1)(i)(A): An urgent and compelling need exists and following the procedures would result in unacceptable delays; vendor is the owner of the intellectual properties of the system.

(d) FAR 8.405-6(a)(1)(i)(B): An urgent and compelling need exists and following the procedures would result in unacceptable delays; OR.

(e) FAR 8.405-6(a)(1)(i)(C): In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order not previously issued under sole-source or limited-sources procedures.

5. Reason for Authority Cited: ESi Acquisition, Inc., a Juvare Company (“ESi”), is the sole developer and licensor of the ESi WebEOC Software. The software products and software maintenance are unique proprietary software which are available from only one source due to proprietary software that no third party vendors have authority to access or use. These proprietary rights are not available or resold by any third parties. Since its initial development and release in 1999, ESi has maintained control over the source code, the trademark and all other proprietary rights embodied in the ESi WebEOC Software and its companion products. ESi Acquisition is the only entity with access to the ESi WebEOC Software source code, ESi is the only entity which may accurately diagnose software errors and defects, issue corrections and fully integrated enhancements, and warrant performance of the ESi WebEOC Software. ESi also provides a wide range of professional services. These services are specialized in nature and focused on configuration and technical support for the proprietary software technology. WAMC requires a WebEOC software (no alternatives will suffice nor meet the needs of the MEDCEN), computer-based system approved by FedRAMP (Federal Risk and Authorization Management Program). These services frequently require access to ESi proprietary information and are not available through or resold by any third parties. The WebEOC Software Core Subscription services and supporting Emergency Management and Municipal Operations Modules also are available exclusively from ESi (See proprietary letter dated 16 June 2023 in the PCF file W91YTZ23Q0123, folder A.02). If requirement is not approved, WAMC will not meet their 24/7 mission and patient care will suffer, along with failure to maintain Joint Commission accreditation. ESI-Javare is the only known contractor that is FedRAMP approved.

6. Actions to Increase Competition: There are no practical alternatives to increase competition for this requirement. However, this action will be posted on the (https://sam.gov) to increase competition.

7. Market Research: Market research were limited. Inquires were made with DHA and IMD to confirm that ESi Acquisitions was the sole propriety software developer of the source code to WebEOC and was FedRAMP approved. Telephonic interviews with the Ft. Liberty Garrison DPTMS’ WebEOC SME confirmed that ESi is the only known source. WebEOC is currently used on the Garrison, some of the surrounding counties, and other MEDCENs. It is essential to maintain relevant and interoperability. Womack PTM&S and Joint Commission dictates this capability and the historical use and the interoperability reconfirms that this capability is most if not the only desirable solution.

ESI-Javare is the only known contractor that is FedRAMP approved.

RFQ: W91YTZ23Q0123

CUI//SP-PROCURE

Source Selection Sensitive, See FAR 2.101 and FAR 3.104

8. Procurement History:

b. Previously Contract of Purchase Order Number: N/A W91YTZ20P0119 Awarded / Modified March 2022.

c. Previous Competed? N/A No Yes

d. Previous authority for less than full & open competition: FAR 13.106-1(b)(1)(i): Only one source reasonably available (e.g., urgency, exclusive licensing agreement, brand name or industrial mobilization)

9. Technical / Requirements Certification: I certify that the support data under my organization which are included in this sole source determination are accurate and complete to the best of my knowledge and belief.

I certify this product/service is not available using mandatory sources of delivery cannot be made by the required delivery date.

Submitted By: John A. Fejerang Position Title: WAMC PTM&S COR

Email address: John.a.fejerang.civ@health.mil

10. Contracting Officer Certification and Approval: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Signature:

Typed Name:

Position Title: Contracting Officer

Email address:

Date:

MCCOLLUM.MICHAEL

.JAMES.1287594409

Digitally signed by

MCCOLLUM.MICHAEL.JAMES.1287594409

Date: 2023.07.31 09:24 53 -04'00'