Addendum#1- Sole Source Determination form 11.22.24 er v5.pdf

Addendum#1- SOLE-SOURCE DETERMINATION MEMO

FOR SUPPLIES AND SERVICES

Date: 11/2214/2024 Sole source number: S-44300-00012098

To: Kirk N. Rhoades, Designated Procurement Officer ODHS Office of Contracts & Procurement

Requestor: Jeremy Sichley Agency/division: OHA – Office of Information Services (OIS) IT Asset

Management (ITAM) on behalf of Oregon State Hospital, herein after referred to as “Agency”

Program/office: NURSING SERVICES Contract specialist: Enrique Rodriguez

Agency Sole source rule: Sole source authority:

DHS OAR 125-247-0275 OAR 125-246-0170(2)

DAS Delegation REQ-10000-00020921 (was 649-11), as amended

OHA OAR 137-047-0275 ORS 413.033

DAS Delegation REQ-10000-00020921 (was 649-11), as amended

Estimated total contract value: $350,000.00 over three (3) years and additional funds as needed covering total 5 years if required

Past and Anticipated Spend Projection Contract, PO, or Spots

Date Title Amount ITAM Authority

PO 154215-0 6/6/18 Wolters Kluwer Lippincott (2018-2021)

$211,494.00 SS OHA

4408-17

DASPS-1672-

21 (Formerly

OHA-154215-

21)

8/30/21 Wolters Kluwer Lippincott Renewal (2022-2024)

$250,410.00 SP-1303-

Spots 10/6/21 Wolters Kluwer UpToDate Subscription (1)

$599.00 59101 Spots

Addendum,#1- Sole Source Notice S-44300-00012098

PO-180387-0 5/11/23 Wolters Kluwer UpToDate Subscription (12)

$14,509.00 68848 BVA

(Quotes)

PO-181456-0 8/16/23 Wolters Kluwer UpToDate Subscription

$7,266.00 71832 BVA

(Quotes)

Spend to date $484,278.00 Pending 8/9/24 Wolters Kluwer

Lippincott Renewal 3 year

$299,542.86 79600 Pending

SS

Pending 9/25/24 Wolters Kluwer UpToDate Subscription

$9,000.00 80902 Pending

SS

Future TBD Wolters Kluwer Lippincott Incidental Misc. Fees, such as but not limited to back up CDs or other Procedures needs)

$1,000.00 TBD Pending

SS

Future TBD Wolters Kluwer UpToDate Subscription

$15,000.00 TBD Pending

SS

Total Anticipated Spend 3 yrs.

$324,542.86

Total Spend

$808,820.86

Additional 2 years if activated

TBD

Description of goods or services: To obtain Wolters Kluwer (dba Lippincott) UpToDate and Lippincott Software Suite including a variety of tools and resources for nursing and patient care as noted below for utilization across OSH campuses to document and standardize custom nursing procedures, protocols, and training within an institutional hospital environment.

1. Background: This sole source justification applies to the purchase of:

This sole source justification applies to the continued purchase and renewals of a multi-year subscription service of the following Wolters Kluwer and Lippincott Solutions program: Lippincott Procedures, Lippincott Advisor, Lippincott Blended Learning, UpToDate, and any other upgrades as arise during the term of the contract.

Upgrades or renewals must be purchased directly from Wolter Kluwers as stated in the Sole Source Letter (Attachment A) from the publisher for these software solution products.

Each of these products is a cloud-based online subscription service and access will be granted to all OSH Nursing Staff for the term of the subscription service.

Based on thorough OSH market research based on requirements and findings, in May 2017, Agency issued and approved Sole Source OHA 4408-17 to obtain Lippincott Software Suite for utilization across the OSH campuses to document and standardize custom nursing procedures, protocols and training within an institutional hospital environment.

In May 2018 Agency entered into a certain Master Subscription Agreement (“MSA”) with Wolters Kluwer for the Lippincott Software Suite for a term of 3 years, under contract

#OHA-154215-21.

In June 2021 Oregon Department of Administrative Services (DAS) State Procurement Services (SPS) on behalf of Agency a Special Procurement (SP-1303-21) to extend the MSA to support continued and interrupted use of Lippincott Procedures, Advisor and Blended Learning access.

Under authority of SP-1303-21), in August 2021, DAS SPS on behalf of Agency, created Amendment No. 1 to the MSA, under new contract# DASPS-1672-21 (formerly OHA- 154215-21) and was executed to extend the term of the MSA till June 2024

Previously Special procurement SP-1303-21 and Sole Source OHA 4408-17 was approved for the purchase and renewal of this software subscription service.

Agency has attempted to purchase through its Oregon Statewide Price Agreement with SHI, however SHI was unable to establish a reseller relationship with Wolters Kluwer.

Agency is now seeking to renew existing Lippincott Software suite directly from Wolters Kluwer as they are the sole and only provider of the Lippincott Software suite. Agency intends to engage to negotiate a current contract and the use of this sole source for the procurement authority to renew and purchase additional licenses for 3 years with conditional option to extend for another 2 years for a maximum term of 5 years if market research reveals no other viable options. See Attachment 1 for more details

2. Prospective contractor/vendor:

Legal entity name: Wolters Kluwer Health, Inc DBA: Lippincott Address: 4603 Paysphere Circle, Chicago, IL 60674 Contact person: Kayleen Enoka Phone: 1-844-303-4860 Email: www.LippincottSolutions.com

Protests are due by 3:00 PM within seven calendar days after the first date the notice is posted on OregonBuys. Protests must be sent via mail, fax, email, or hand carried to the following address: Protests via telephone will not be accepted.

Oregon Department of Human Services Office of Contracts and Procurement ATTN: Enrique Rodriguez Address: 500 Summer St, Suite E03, Salem, OR 97301

Phone: 503-569-8279 Fax: 503-378-4324 Email: enrique.rodriguez@odhsoha.oregon.gov

Agency reserves the right to purchase additional modules, upgrades, and additional services.

3. Written findings of fact (market research):

The findings below must include factual information supporting the determination that meet the sole source requirement in statute.

Pursuant to ORS 279B.075, Agency must conduct market research that supports the assertion that there is only one source that can provide the goods or services. Market research includes utilization of the internet, trade journals, agency vendor lists, professional organizations, studies, catalogs/industrial periodicals, vendor sources, yellow pages, etc.

Addendum,#1- Sole Source Notice S-44300-00012098 mailto:enrique.rodriguez@odhsoha.oregon.gov

For information technology contracts, any ownership or proprietary issues should be fully addressed with written documentation to support facts.

Agency must select at least one of the findings and prepare the determination as it specifically relates to the good or service being procured. More than one finding can be addressed. The findings are as follows:

Pursuant to ORS 279B.075 (2)(a): Provide findings supporting the determination that the efficient utilization of existing goods requires the acquisition of compatible goods or services from only one source.

Pursuant to ORS 279B.075 (2)(a), the efficient utilization of existing goods and services requires the acquisition of compatible goods or services from only one source. In this case, the sole source procurement is justified for the acquisition of an annual subscription to the Lippincott Solutions product suite, provided exclusively by Wolters Kluwer, based on the following findings:

1. Compatibility and Integration with Existing Systems: The Lippincott Software, which includes Lippincott Procedures, Lippincott Advisor, Lippincott Blended Learning, and UpToDate Software, is already in use at the Oregon State Hospital (OSH). These products are integral to the hospital's workflow, providing standardized nursing procedures, clinical decision support, and competency management. As a cloud-based solution, it is fully integrated into OSH's training, documentation, and compliance systems. Transitioning to an alternative product would require a significant overhaul of existing processes, retraining of staff, and potential disruption of services critical to patient care.

2. Unique Product Offering: Wolters Kluwer is the sole creator and publisher of the Lippincott Software. No other vendor can offer this specific combination of products, nor can they provide the comprehensive support and customization features essential to OSH’s operations. The Lippincott products have been thoroughly vetted by OSH’s Nursing department and determined to be the most suitable solution after extensive research and a comparative demonstration of the competitor’s product (Moseby), which was found to be inferior in both functionality and support.

3. Joint Commission Compliance: OSH's ability to maintain its Joint Commission certification is contingent upon the continued use of the Lippincott suite. The products are reviewed annually by experts and include reference citations that demonstrate their ability to meet Joint Commission standards, a requirement for OSH's operational compliance. No other product on the market provides the same level of assurance or documentation capabilities required to meet these strict healthcare standards.

4. Lack of Viable Alternatives: Attempts to procure these products through the statewide SHI Agreement failed due to the inability of SHI to establish a reseller relationship with Wolters Kluwer, the sole provider. Additionally, Moseby, the only other main competitor, was found to be sub-par by the Department of Corrections in terms of both product quality and vendor support. This lack of adequate support would pose a risk to OSH, where reliable access to critical resources is paramount for patient care.

5. Specialized Features and Vendor Support: The Lippincott suite offers unique features, such as instructor-led training, customizable content, and comprehensive support, which are not available from other vendors. The specialized nature of these features and the support provided by Wolters Kluwer are critical for OSH, particularly in a large institutional setting where training, documentation, and compliance are ongoing needs.

Given these findings, it is clear that the efficient utilization of existing systems at OSH, coupled with the need for compatibility, compliance, and specialized support, necessitates the acquisition of this subscription directly from Wolters Kluwer as the sole source provider. There is no other vendor capable of supplying a product that meets OSH’s unique requirements for nursing procedure standardization, training, and clinical decision support.

or Pursuant to ORS 279B.075 (2)(b): Provide findings supporting the determination that the goods or services required for the exchange of software or data with other public or private agencies are available from only one source.

or

Pursuant to ORS 279B.075 (2)(c): Provide findings supporting the determination that the goods or services are for use in a pilot or an experimental project.

or

Pursuant to ORS 279B.075 (2)(d): Any other findings that support the conclusion that the goods or services are available from only one source.

Pursuant to ORS 279B.075 (2)(d), the following additional findings support the conclusion that the goods or services—specifically, the Lippincott Software from Wolters Kluwer—are available from only one source and justify sole source procurement for Oregon State Hospital (OSH):

1. Exclusive Access and Proprietary Content: Wolters Kluwer is the sole creator, publisher, and distributor of the Lippincott Software, including

Lippincott Procedures, Lippincott Advisor, Lippincott Blended Learning, and UpToDate Software. The company retains exclusive rights to the content, and no third-party vendors are authorized to provide access or subscriptions to these products. This exclusivity means that OSH can only acquire these tools directly from Wolters Kluwer, making it the sole source provider.

2. Unique Integration of Clinical Decision Support, Procedures, and Training Tools: The Lippincott suite is a comprehensive platform that uniquely integrates clinical decision support, procedural guidelines, and blended learning resources in one cloud-based system. While there are alternative products available, none offer the same combination of features, expert-reviewed content, and support specifically tailored for healthcare organizations like OSH. The combination of these components is critical for meeting OSH’s operational and clinical training needs, and no competitor provides an equivalent package.

3. Essential for Maintaining Joint Commission Certification: OSH’s certification by the Joint Commission requires access to up-to-date clinical information and standard operating procedures that meet regulatory standards. The Lippincott suite is designed to support compliance with Joint Commission standards by providing regularly updated, expert-reviewed content specific to healthcare organizations. The products' capacity to ensure compliance through continuous updates is a critical differentiator, and no other provider offers this level of assurance for Joint Commission certification, making Wolters Kluwer’s offerings indispensable.

4. Documented Institutional Preference Based on Extensive Research: After extensive research and product demonstrations conducted by the OSH Nursing Department, the Lippincott Software was selected as the most suitable product for the hospital’s needs. This research, which included a detailed comparison with other products like Moseby, highlighted Lippincott’s superior content, support features, and training capabilities.

Moseby, used by the Department of Corrections, was deemed inadequate in terms of support and functionality, further confirming that Wolters Kluwer’s product is the only viable option for OSH.

5. Incompatibility of Alternatives for Large-Scale Institutions: Lippincott’s comprehensive suite is designed specifically for large healthcare institutions like OSH, which requires robust support, customization, and scalability. The Department of Corrections' experience with Moseby, the only other major competitor, demonstrated that it lacks adequate support for large-scale facilities. OSH cannot risk procuring a product that does not provide the level of support needed for its complex healthcare environment, making Lippincott the only practical option for fulfilling the institution’s needs.

6. Inability to Procure Through Statewide IT Contracts: Attempts were made to procure the Lippincott products through the Statewide SHI contract, but SHI was unable to provide the products due to their sole-source nature. This reinforces the finding that Wolters Kluwer is the only authorized provider of these specific products and cannot be obtained through any third-party procurement channels.

7. Longstanding Relationship and Product Familiarity: OSH has an established relationship with Wolters Kluwer and has been using the Lippincott Software for several years. The staff is familiar with the product’s interface, content, and support features, making it highly integrated into OSH’s operational procedures. Shifting to a different provider would require significant retraining and disruption, further justifying the continuation of this sole source procurement.

In summary, Wolters Kluwer’s Lippincott Software is the only source for these essential healthcare tools. The combination of proprietary content, integration of clinical support and training, regulatory compliance, and institutional preference makes this suite irreplaceable for OSH’s needs. These findings support the conclusion that no alternative providers can offer the same level of service, making sole source procurement the only feasible option under ORS 279B.075 (2)(d).

APPROVED:

By:

Signed by DPO electronically via OregonBuys Kirk N. Rhoades or acting DPO

BRAND NAME DETERMINATION:

If a brand name is involved, Agency must also satisfy the requirements of OAR 125-247- 0691 by completing Attachment 1.

ATTACHMENT 1

DETERMINATION OF BRAND NAME SPECIFICATION

Requestor: Jeremy Sichley Agency/division: OHA - Oregon State Hospital, herein after referred to as

“Agency” Program/office: NURSING SERVICES

Agency Brand name statute/rule: Brand name authority:

DHS OAR 125-247-0691 OAR 125-246-0170(2)

DAS Delegation 649-11, as amended

OHA ORS 279B.215 ORS 413.033

DAS Delegation 649-11, as amended

Total estimated cost: $350,000.00 over three (3) years.

1. Background: This sole source justification applies to the purchase of:

This sole source justification applies to the purchase of a multi-year subscription service and any future renewals to Wolters Kluwer and Lippincott Solutions program: Lippincott Procedures, Lippincott Advisor, Lippincott Blended Learning, UpToDate Software, and any other upgrades as arise during the term of the contract.

Upgrades or renewals must be purchased directly from Wolter Kluwers, publisher for these software solution products.

Each of these products is an online subscription service and access will be granted to all OSH for the term of the subscription service.

In May 2017, Agency issued and approved Sole Source OHA 4408-17 to obtain Lippincott Software Suite.

May 2018 MSA was executed for a period of 3 years, OHA-154215-21.

August 2021, Amendment No. 1 to State of Oregon Contract: DASPS-1672-21 formerly OHA-154215-21 was executed to extend the term till June 2024. Agency entered into a Master Subscription Agreement (“MSA”) with Wolters Kluwer for the Lippincott Software Suite.

Previously Special procurement SP-1303-21 and Sole Source OHA 4408-17 was approved for the purchase and renewal of this software subscription service.

Agency attempted to purchase through the IT channels and Statewide Price Agreement with SHI. SHI was unable to procure this subscription through the sole source proprietor.

Agency is now seeking a direct contract and the use of sole source for the procurement authority in lieu of the approved SP1303.21 as the special procurement expired and renewal of service prior to expiration.

2. Brand name to be acquired:

Legal entity name: Wolters Kluwer Health, Inc DBA: Lippincott Address: 4603 Paysphere Circle, Chicago, IL 60674 Contact person: Kayleen Enoka Phone: 1-844-303-4860 Email: www.LippincottSolutions.com

3. Findings to satisfy required standards:

Use of a brand name specification is unlikely to encourage favoritism in the awarding of public contracts or substantially diminish competition for public contracts because:

Use of a brand name specification in this case is unlikely to encourage favoritism in the awarding of public contracts or substantially diminish competition for public contracts for the following reasons:

1. Sole Source Nature of the Product: The Lippincott Software, including Lippincott Procedures, Lippincott Advisor, Lippincott Blended Learning, and UpToDate Software is exclusively produced and distributed by Wolters Kluwer.

As the sole creator and publisher of these products, there are no authorized third-party distributors or resellers who can compete to offer the same solutions. Therefore, specifying the Lippincott brand does not limit competition because no other vendors can legally or practically provide the identical product.

2. Unique and Proprietary Offering: The Lippincott suite is a proprietary, cloud-based platform that integrates clinical decision support, standardized nursing procedures, and training resources specifically designed for large healthcare institutions like Oregon State Hospital (OSH). No other product on the market offers the same combination of features and support, meaning that specifying this brand does not unfairly favor one provider over others but rather reflects the uniqueness of the product itself.

3. Established Institutional Need and Preference: OSH has conducted extensive research and product comparisons, concluding that the Lippincott Software is the only product that meets its operational, training, and compliance needs. This determination was based on both a demonstration of the product's effectiveness and feedback from staff who compared it to competitors like Moseby, which was found inadequate. The brand name specification here is based on documented institutional needs, not arbitrary favoritism.

4. Regulatory and Compliance Requirements: The Lippincott suite is integral to OSH’s ability to maintain Joint Commission certification, as it offers continuously updated, expert-reviewed content that ensures compliance with healthcare regulations. Given the critical nature of this requirement, selecting a product that meets these standards is a matter of compliance, not favoritism. The specificity of the product is driven by regulatory needs rather than by preference for a particular vendor.

5. Lack of Functional Equivalents: Based on feedback from other agencies, such as the Department of Corrections, and OSH’s internal evaluations, alternative products do not provide the same level of functionality, support, or compliance capabilities as Lippincott. As a result, using the brand name specification is a practical necessity rather than a method of restricting competition, as no equivalent alternatives exist in the market.

6. Prior Attempts to Source Through Other Channels: OSH initially attempted to procure these products through other procurement channels, including the statewide SHI contract, but was unable to do so because Wolters Kluwer is the sole provider of the Lippincott suite. This demonstrates that the brand name specification is being used out of necessity, not to stifle competition, since attempts to find alternative sourcing methods were unsuccessful.

Extending procurement authority and purchasing vehicle in place for another three

(3) years, with an option to extend for up to two (2) more years if market research conducted in years 2-3 indicates no viable alternative solutions in the marketplace. This approach would allow OSH to continue operations while they conduct current market research to inform a competitive solicitation to allow other solutions and purchasing options to be considered for use. In conclusion, the use of a brand name specification for the Lippincott Software does not encourage favoritism or reduce competition because the product is uniquely suited to OSH’s needs, is only available from a sole provider, and no other comparable products are available in the market. This procurement reflects a legitimate business need based on extensive research and compliance requirements, rather than an effort to limit competition or show favoritism.

or

Use of a brand name specification would result in substantial cost savings to the agency or the public because:

Use of a brand name specification would result in substantial cost savings to the agency and the public for the following reasons:

1. Avoiding Costly Customization and Integration: The Lippincott Software is already tailored to meet the specific needs of Oregon State Hospital (OSH), including its compliance with Joint Commission standards. Using a different product would likely require significant customization, integration, and potential re-training of staff, which would increase both upfront and ongoing costs. The Lippincott suite offers a ready-to-use, out-of-the-box solution that minimizes implementation and operational costs.

2. Reduced Training and Support Expenses: OSH staff are already familiar with the Lippincott products, which reduces the need for additional training.

Switching to a new product would require extensive training for OSH staff, incurring additional time and labor costs. Additionally, Lippincott provides comprehensive support and updates, minimizing the need for internal IT support and further reducing costs associated with troubleshooting or maintaining an alternative product.

3. Long-Term Compliance and Risk Management Savings: The Lippincott suite includes features specifically designed to ensure compliance with healthcare regulations, such as those required by the Joint Commission. Non-compliance or failure to meet these standards could result in significant financial penalties or operational interruptions. By using a trusted, regularly updated product, OSH reduces the risk of non-compliance, avoiding costly penalties and ensuring continuous operation without costly disruptions.

4. Efficiency of Renewal vs. New Procurement: Since the Lippincott Software has already been in use at OSH, renewing the subscription under a sole source procurement saves the agency from the time and expense associated with conducting a new, competitive procurement process. Bypassing the need for a new solicitation result in administrative savings and allows OSH to focus on mission-critical tasks rather than going through a lengthy and potentially expensive bidding process.

5. Standardization Across the Institution: The Lippincott products provide standardized clinical decision support and procedural guidance for all OSH staff. Switching to a new vendor or product could result in inconsistencies in patient care, potentially leading to errors or inefficiencies that could prove costly in both financial terms and patient outcomes. Maintaining the Lippincott suite ensures that all staff are using the same, proven tools and protocols, thereby reducing the likelihood of errors that could result in costly rework or medical liability.

6. Proven Suitability and Avoidance of Inferior Alternatives: Extensive research by OSH, including a comparison with the main competitor, Moseby, determined that the Lippincott products were far superior in terms of functionality and support. The Department of Corrections has already experienced issues with Moseby, noting subpar performance and inadequate customer support. Using an inferior product would likely lead to additional hidden costs such as delayed access to critical resources, poor staff efficiency, and increased reliance on external support services. Sticking with Lippincott avoids these potential cost overruns.

7. Minimized Disruption to Patient Care: Implementing a new system could cause delays or interruptions in accessing critical clinical procedures and decision-support tools, directly affecting patient care. Any disruption in the workflow could result in additional costs associated with temporary fixes, staff overtime, or patient treatment delays. The Lippincott Software, by being the established system, avoids these transition costs and ensures continuity in high-quality patient care.

In summary, the use of the Lippincott brand name specification will result in substantial cost savings by eliminating the need for costly customization, retraining, and potential compliance risks, while also streamlining the procurement process and maintaining consistency in patient care. The long-term financial benefits far outweigh any initial savings that might come from attempting to source a potentially less effective alternative.

or There is only one manufacturer or seller of the product of the quality, performance or functionality required; because:

There is only one manufacturer or seller of the product with the required quality, performance, and functionality for the following reasons:

1. Exclusive Provider: Wolters Kluwer is the sole manufacturer and publisher of the Lippincott Software, which includes Lippincott Procedures, Lippincott Advisor, and Lippincott Blended Learning. No other vendor or reseller has the legal authorization to offer these products. As such, the subscription must be purchased directly from Wolters Kluwer, the only authorized seller, ensuring that OSH receives the genuine product with all necessary features and support.

2. Unique Features Tailored to OSH Needs: The Lippincott Software offers a unique combination of tools specifically designed to meet the needs of healthcare providers like OSH. These include comprehensive, step-by-step clinical procedures, decision-support features, and training tools that are annually reviewed by experts to maintain alignment with industry standards, particularly those set by the Joint Commission. No other product on the market offers the same combination of features with this level of quality and ongoing expert review, which is essential to OSH’s compliance and clinical operations.

3. Joint Commission Compliance: The Lippincott products are uniquely positioned to help OSH maintain compliance with the Joint Commission’s standards, which are critical for the hospital's certification. The specific references, protocols, and training tools provided by Lippincott are designed with these regulatory requirements in mind. Other products on the market, such as Moseby, have been found to lack adequate support and functionality, making them unsuitable for meeting OSH’s rigorous compliance needs.

4. Proven Superior Quality: OSH conducted extensive research and product demonstrations, including a comparison with the only other significant competitor, Moseby. The findings indicated that Lippincott's products were significantly superior in terms of functionality, ease of use, support, and training. The Department of Corrections’ negative experience with Moseby further confirms that no other product on the market matches the quality and reliability of the Lippincott suite, making it the only viable option for OSH.

5. Essential for Large Institutions: Lippincott’s features, including cloud-based access, customizable training, and large-scale support capabilities, are designed specifically for use in large healthcare institutions like OSH. These features are crucial for maintaining standardized nursing protocols and ensuring that all staff are operating under the same high-quality guidelines.

Other products lack the robust infrastructure and support required to serve an institution of OSH’s size and scope, further confirming that Lippincott is the only product that meets OSH’s performance and functionality requirements.

6. Comprehensive Support and Updates: Wolters Kluwer’s Lippincott Solutions provide continuous updates and expert-reviewed content that is vital for staying current with best practices in the medical field. This level of ongoing support is crucial for OSH’s operational needs and compliance, and no other vendor can provide the same level of dedicated, regularly updated content that meets OSH’s specific requirements.

In conclusion, Wolters Kluwer is the only manufacturer and seller that can provide the Lippincott Software with the quality, performance, and functionality needed to meet OSH’s unique requirements. No other product on the market offers the same combination of features, support, and regulatory alignment, making it the sole option for the hospital’s critical needs.

or The efficient utilization of existing goods requires the acquisition of compatible goods or services because:

The efficient utilization of existing goods requires the acquisition of compatible goods or services for the following reasons:

1. Seamless Integration with Existing Systems: Oregon State Hospital (OSH) has been using the Lippincott Software, including Lippincott Procedures, Lippincott Advisor, Lippincott Blended Learning, and UpToDate Software as part of its core operational and clinical processes. These products have been fully integrated into the hospital's workflows for staff training, clinical decision-making, and compliance with medical procedures. Acquiring any other product would create significant compatibility issues, disrupting established processes and requiring costly reconfigurations and retraining of staff.

2. Continuation of Established Protocols: OSH has already established nursing procedures, protocols, and clinical guidelines based on the Lippincott Software. These are critical for ensuring consistent patient care and maintaining regulatory compliance, including meeting Joint Commission standards. Switching to a different product would require rewriting and revalidating these protocols, leading to inefficiencies, operational delays, and potential lapses in patient care quality.

3. Maximizing Staff Proficiency: OSH staff are already trained and familiar with the Lippincott suite’s interface and tools. Introducing a new system would require significant retraining, which would not only be costly but also result in downtime and loss of productivity. By continuing with Lippincott, OSH ensures that staff can continue utilizing the system efficiently without the need for additional training or adjustments to their workflows.

4. Maintaining Data Continuity and Compliance: The Lippincott Software has been customized to meet OSH’s specific regulatory and compliance needs, especially with respect to Joint Commission certification. It includes up-to-date, expert-reviewed clinical information that aligns with industry standards.

Utilizing a different product could result in gaps in data continuity, misalignment with compliance standards, and delays in meeting audit or accreditation requirements, which would negatively impact OSH’s operations.

5. Avoiding Duplication of Costs: Switching to an incompatible product would require significant expenditure to replace the existing system, duplicate established procedures, and retrain staff. This would not only result in wasted resources but could also cause inefficiencies during the transition period. By acquiring compatible services from Wolters Kluwer, OSH ensures that it maximizes the value of its existing investment in the Lippincott suite while maintaining continuity in service delivery.

6. Ensuring Long-Term Support and Updates: The Lippincott Software offers regular updates and continuous support, ensuring that OSH has access to the latest clinical guidelines and procedures. Acquiring compatible services from Wolters Kluwer ensures that OSH continues to benefit from these updates without the disruption that could arise from transitioning to another system, which may not provide the same level of ongoing support or updates aligned with current medical standards.

In conclusion, acquiring compatible goods and services from Wolters Kluwer ensures the efficient utilization of OSH's existing investments in the Lippincott Software. It preserves data continuity, maintains staff proficiency, supports ongoing compliance, and avoids the unnecessary costs and inefficiencies that would result from switching to an incompatible system.

FINDINGS

The findings are accepted, adopted, and incorporated by reference herein.

SOLE SOURCE LETTER

7/8/2024

Jeremy Sichley

ISS5

Oregon State Hospital

Dear Mr. Sichley, Thank you for your interest in our Lippincott Solutions programs: Lippincott Procedures, Lippincott Advisor, and Lippincott Blended Learning.

This letter is to verify that Wolters Kluwer Health/Lippincott Williams & Wilkins is the sole creator and publisher of these web-based products.

We do not offer upgrades through any other sales channels. Current customers must purchase or renew subscriptions directly from Wolters Kluwer Health/Lippincott Williams & Wilkins.

If you have any questions, please feel free to contact me (657) 250-4908. Thank you.

Kind regards, Kayleen Enoka Account Executive Lippincott Solutions

351 WEST CAMDEN STREET * BALTIMORE, MD 21201 * 800-326-1685

Attachment A