CUI_Eisenhower JA 2024_76_Redacted.pdf

Control No.: MICC 2024-76

JUSTIFICATION REVIEW DOCUMENT

FAR 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS

SOLE SOURCE JUSTIFICATION AND APPROVAL

Program/Equipment: Software and hardware maintenance support for NaviCare Nurse Call System at Dwight D. Eisenhower Army Medical Center (DDEAMC), Fort Eisenhower, Georgia.

Authority: Simplified Procedures for Certain Commercial Items, Title 41 U.S.C. 1901 as implemented by FAR 13.5.

Amount: $1,119,123

Prepared by:

Contracting Officer: O'cie D. Hendricks Contracting Officer

DSN:

Date: 21 AUG 24

DSN:

Date: 21 AUG 24

Email: ocie.d.hendricks.civ@army.mil

Technical:

Requirements:

SN:

ate:�

SN:

ate: 21 AUG 24

Reviews: I have reviewed this justification and find it adequate to support sole source.

Program Manager:

DSN:

Date: See digital signature

DSN:

Date: See digital signature

FAR 13.5 Simplified Procedures for Certain Commercial Items Sole Source Justification and Approval

1. Contracting Activity: U.S. Army Mission and Installation Contracting Command (MICC)-Fort Eisenhower, 271 Heritage Park Lane, Bldg. 35200, Fort Eisenhower, GA.

30905.

2. Description of Action: Dwight D. Eisenhower Army Medical Center (DDEAMC) requests a Firm-Fixed-Price contract with Hill-Rom, Inc. The Government projects award for September 2024 and fiscal year 2024, OPM DDEAMC funds will be used.

An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i)(B).

This action is a follow-on to contract W9124919C0013. That contract was not competed under Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.5: Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

3. Description of Supplies/Services: This requirement provides software support remotely and on-site, functional support, priority restoral of outages, and any regular software upgrades and enhancements to the installed system. Additionally, the extended service agreement will provide hardware repair and replacement, remote and on-site fault identification, and restoral and priority replacement of inoperable hardware units. The performance work statement defines the requirements, scope of work, and deliverables for the NaviCare Nurse Call System Software Maintenance Agreement (SMA) and Extended Service Agreement (ESA) Contract (the “Service Contracts”).

Base Period: 27 SEP 2024 to 26 SEP 2025 Option Period 1: 27 SEP 2025 to 26 SEP 2026 Option Period 2: 27 SEP 2026 to 26 SEP 2027 Option Period 3: 27 SEP 2027 to 26 SEP 2028 Option Period 4: 27 SEP 2028 to 26 SEP 2029

FAR Clause 52.217-8 option: 27 SEP 2029 to 26 MAR 2030

Total Value: $1,119,123

4. Authority Cited: Simplified Procedures for Certain Commercial Items, 41 U.S.C.

1901 as implemented by FAR Subpart 13.5: Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. Reason for Authority Cited:

a. Hill-Rom is the only responsible source available to satisfy the DDEAMC’s requirement. The Hill-Rom Nurse Call System is installed throughout the facility and the organization requires a support and maintenance agreement to ensure full and safe systems operation. Hill-Rom Direct Support and Maintenance is the Original Equipment Manufacturer (OEM) and the only service organization certified to maintain the Hill-Rom NaviCare Nurse Call system. Additionally, Hill-Rom possesses proprietary rights to the software. No other vendor is authorized to resell this system software, which is already in operation in this facility, or able to perform on-site maintenance support for the existing hardware. The use of any other contractor to provide software and hardware maintenance support for the Hill-Rom Nurse Call system will negate the OEM certification and violate Hill-Rom’s proprietary rights to the software system. Based on the facts presented above, Hill-Rom is the only responsible source available to satisfy the agency’s requirement.

b. Alternatives.

1) Do not procure the software and hardware maintenance support for NaviCare Nurse Call System for DDEAMC. This alternative is unacceptable because DDEAMC daily operations in patient care and administrative operations would be impacted. A break in software and hardware support will risk the effectiveness of the current Mission to provide safe effective five-star care to patients and fellow employees and have future negative consequences for safeguarding patient information, possibly violating the Health Insurance Portability and Accountability Act (HIPAA).

2) Conduct a competitive acquisition to acquire software and hardware maintenance support. This alternative would negate the OEM certification and violate Hill-Rom proprietary rights to the software.

3) Utilize DDEAMC organic resources. This alternative is also unacceptable since the company possesses proprietary rights to the software. No other vendor is authorized to resell this system software which is already in operation in this facility or able to perform on-site maintenance support for existing hardware.

c. Impact if justification not approved: If this J&A is not approved, DDEAMC’s mission to provide effective and safe patient care will be jeopardized.

6. Efforts to Obtain Competition: Pursuant to Title 48 CFR Part 19.705-2, as implemented by Federal Acquisition Regulation FAR 19.705-2, the Contracting Officer must determine whether a proposed contractual action requires a subcontracting plan.

For this requirement, the Contracting Officer has determined that there are no subcontracting possibilities and that no subcontracting plan is required. This determination shall include a detailed rational and be placed in the contract file.

7. Actions to Increase Competition: A Sources Sought notice was issued in accordance with FAR 5.201 on 09 July 2024. No responses were received. No other vendor is authorized to resell this system software which is already in operation in this facility or able to perform on-site maintenance support for existing hardware.

8. Market Research: Market Research was conducted by the requiring activity 07 May 2024 through 09 May 2024 and the Contract Specialist on 18 July 2024 (Internet searches, telephonic communication, electronic communications, and literature searches) to determine the availability of manufacturer authorized software/hardware and warranty maintenance for this Nurse Call System. No alternative vendor including from the GSA Schedule, or the open market is available to provide this software/hardware and warranty maintenance. Market survey inquiries via email identified Hill-Rom, Inc. as the only distributor of the required products. Hill-Rom is the manufacturer of the equipment and possesses proprietary rights to the software and therefore the only contractor that can support the requirement without voiding any warranties.

9. Interested Sources: Other than Hill-Rom, no other vendors are interested.

10. Other Facts: Since DDEAMC has a fully installed system and only requires maintenance and support, a certified vendor is necessary to keep the warranties in effect. DDEAMC has programmed several projects that will involve the Hill-Rom system configuration as it is integrated with Vocera and Overhead Paging. Both of these projects are extensive and will require support from Hill-Rom to allow ports and protocols to pass through and system generated messages to pass to the other systems.

Procurement History:

Contract number: W9124919C0013 Vendor: HILL-ROM, INC.

Award date: 09/27/2019 Competitive Status: Sole Source Authority cited: FAR Subpart 13.501(a)(i)