Attachment 2--BNJ_Redacted.pdf

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ISBEE: Brand Name: Accusoft ImageGear Licensing (Base + 4)
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75H70425Q00028
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This document is a Brand Name Justification form for the Indian Health Service (IHS) seeking to renew an Accusoft ImageGear Enterprise License. The software is a critical component of the VistA Imaging system, which is an FDA-certified medical device used in clinical applications like Clinical Display, Clinical Capture, Background Processor, and DICOM Gateway. The license requires an annual maintenance fee, and Accusoft is the sole provider of the necessary software maintenance and updates due to its proprietary source code.

The justification emphasizes that VistA Imaging is a regulated medical device that cannot be modified, and only Accusoft can provide the required licensing for its software. Market research was conducted using SAM.gov and GSA, reviewing the VA's 2024 Accusoft awards. The document notes that at least two Indian Small Business Enterprises (ISBEs) are available in the open market, which makes the Buy Indian Act preference applicable to this requirement. The license is part of an agreement with New Tech Solutions for Accusoft in fiscal year 2024.

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Attachment 1--IEE Representation Form.pdf PDF

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BRAND NAME JUSTIFICATION

Agency/Office Name: IHS/HQ/OIT/DIT

1. "Brand name" of product: Accusoft ImageGear Enterprise License

2. Description of "brand name" product: The ImageGear toolkit is the image processing software that the VistA Imaging software uses, mostly in the Clinical Display and Clinical Capture applications. It is commercial software that is produced by Accusoft. The run time DLLs are installed with the VI clinical software installer package (the package that installs clinical display and capture). The use of the run time DLLs requires an annual maintenance license fee. In addition to Clinical Display and Capture, the ImageGear toolkit is used minimally by the Background Processor and the DICOM Gateway. Both of those application installers install the run time DLLs as well. A combination SQL editor, performance monitor and DBA administration and design utility – license renewal. IHS has an agreement with New Tech Solutions for Accusoft in place FY24.

3. Name of manufacturer of "brand name" product: Accusoft (Pegasus)

4. The "brand name" provided is to identify the standard of quality necessary. Equivalents will be considered. Yes No (If no, please complete Nos. 5 and 6.)

5. If the answer to No. 4 is "no," please complete the following.

Only the "brand name" item specified will meet the Government’s needs (select only one):

A. Because patent rights, copyrights, proprietary secret processes, control of certain materials or components providing a superior utility or capability that cannot be obtained from similar products.

B. Because program requirements cannot be modified so that competitive products o services may be used.

C. Because the product or service is unique and easily established as one-of-a kind.

Please explain:

6. If the answer to No. 4 is "no," please indicate other reasons for restricting competition:

Each of the IHS federal/urban/tribal sites using the VA developed, FDA approved medical device, known as VistA Imaging hardware and software must have an annual maintenance renewal license from the vendor, Accusoft. The Accusoft ImageGear software works directly with the VistA Imaging applications that are used to provide Direct Patient Care services on a daily basis. Applications include Clinical Capture, Clinical Display, the Background Processor, and the DICOM Gateway. The run time DLLs are run by the clinical software installer package that installs the Clinical Capture and Display clients. The use of the run time DLLS requires that a licensing fee by paid to Accusoft. Accusoft does work with other 3rd party vendors or companies to provide their image licenses products; Accusoft is the sole required brand name available to provide the license for the VA developed Vista Imaging products.

7. Please indicate other reasons for restricting competition.

VistA Imaging is an FDA Certified Medical Device that cannot be modified. The Accusoft ImageGear is the only required brand name available to provide the license for this product and install of the VistA Imaging software files.

8. Please describe the market research conducted and the results.

Reviewed SAM, GSA and did review the VA’s 2024 Accusoft awards that includes licensing and additional components necessary for VA VistA Imaging development and support of the Imaging clients.

SAM.gov: 7A21--New Award - SAM- Accusoft ImageGear Software (VA-24-00036289).

Only Accusoft can provide the necessary software maintenance and updates to the Accusoft licenses because of the propriety source code required to develop and implement software updates and upgrades. Access to this proprietary code is also needed to ensure all services provided are properly configured IHS MR includes knowledge of recent acquisition and Indian Owned Business based on historical research before award was handled by NIH/NITAAC using GWAC source.

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