JA-CAE-19-04360_Amion-CS_FAR6_Redact.pdf

FOR OFFICIAL USE ONLY - Source Selection Information – See FAR 2.101 and 3.104

DHA PGI 206.3, Attachment 1 (06-21-2018)

Justification and Approval for Other than Full and Open Competition

J&A Tracking No. CAE-19-04360

1. Identification of the agency and contracting activity: Defense Health Agency’s (DHA), Enterprise Medical Support - Contracting Division (EMS-CD), plans to award a task-order contract, on sole source basis, based on the statutory exception and supporting rationale provided herein.

2. Nature and/or Description of Action being approved:

The Government intends to negotiate a new firm fixed price contract on a sole source basis with

Spiral Software, Inc., 7909 Charleston Court, Bethesda, MD 20817, for brand name AMiON software licenses with associated maintenance in support of the U.S. Navy Bureau of Medicine and Surgery (BUMED), Brook Army Medical Center (BAMC), 88 Medical Group (MDG)

Wright Patterson Air Force Base (WPAFB) and Naval Hospital Jacksonville (NHJAX).

3. Description of Supplies/Services: The DHA requires procurement of a staff scheduling service that allows groups of physicians and other healthcare workers to electronically set up, maintain, and obtain reports and information about staff schedules. AMiON is currently in use by several Medical Treatment Facilities (MTF's). Spiral Software is the sole source provider of the AMiON Call Scheduler Software currently in use at BUMED, BAMC, 88 MDG WPAFB, and NHJAX MTFs, and is not available from any other vendor or reseller.

The service is highly desired by providers and fulfills new Accreditation Commission on

Graduate Medical Education reporting requirements. A contract with Spiral Software currently exists, which provides licenses to multiple MTF's across the DHA enterprise. As a staff scheduling capability, the service will allow the scheduler and staff to coordinate upon, view and when needed, modify the schedule to reflect changes in coverage and manning. The features provided by a scheduling service are critical for the smooth and efficient maintenance of healthcare and clinic operations.

The DHA’s specific requirements are as follows:

Bill Payer Description Qty

BAMC AMiON Enterprise+ - Schedule licenses 192

BUMED AMiON Enterprise+ - Schedule licenses 25

88 MDG -

WPAFB AMiON Enterprise+ - Schedule licenses 39

NHJAX AMiON Enterprise+ - Schedule licenses 22

The period of performance of the intended order is for one year, ending September 29, 2020.

The total estimated cost is $136,220.00 using FY19 Operations and Maintenance (O&M) funds.

4. Statutory and Regulatory Authority Permitting Other Than Full and Open Competition

(see FAR 6.302), or the Specification of the Statutory and Regulatory Provision Providing

Exception to 8(a) Program Competitive Requirements (see FAR 19.805-1): 10 U.S.C.

2304(c)(1) 6.302-1 -- Only One Responsible Source and No Other Supplies or Services Will

Satisfy Agency Requirements

5. Rationale Justifying Use of the Statutory Authority Cited:

Spiral Software is the sole source provider of the AMiON Call Scheduler Software currently in use at DHA MTFs. No other vendor can warranty AMiON, as it is not their product. Thus, in going with another vendor the requirement for warranty would be to have their product installed.

Installation of a new vendor's product in order to receive required warranties is not cost affective.

The specified software, AMiON, is currently in use at MTFs and is not available from any other vendor or reseller.

Brand name AMiON software maintenance is required to ensure interoperability with existing

DHA operation systems and previously procured AMiON licenses. Only Spiral Software can provide the necessary software updates, fixes, and security patches on products that employ

AMiON proprietary source code, which is subject to patent and copyright laws. Introducing a new manufacturer to service or provide licenses for AMiON software would not only void the warranties associated with AMiON systems currently in place, but would create an unacceptable risk for information assurance and lead to security vulnerabilities within DHA.

In order to ensure that the automated Call scheduler capabilities of BUMED, BAMC, 88 MDG

WPAFB, and NHJAX MTFs are not compromised, it is critical for AMiON software to be maintained with access to the latest updates. Purchasing software from a different manufacturer would require additional training and would lead to delays caused by the new software configuration. Failure to purchase new AMiON software maintenance would cause loss of service in DHA.

6. Efforts to Obtain Competition: Based on the information above, the Government has no plans to obtain competition. Spiral Software is the sole provider of proprietary Spiral Software products and services, and supporting documentation provided by the company supports a waiver of the requirement in DFARS PGI 206.302 to post a Request for Information or Sources

Sought.

7. Determination that Anticipated Cost to the Government will be Fair and Reasonable: A determination of price fair and reasonable will be conducted through an analysis of the previous contract (HT0015-15-P-0014) for the same services and a comparison of the prices for those services with prices for services under the new contract. The prices under the previous contract were considered to be fair and reasonable at the time of award.

8. Market Research: Market research was conducted by the customer on July 1, 2019 to determine whether there are other vendors that can provide the same maintenance and support for the AMiON software platform. None were identified. The market research consisted of querying GSA and Google for vendors and other procurement instruments intended for use by multiple agencies. The manufacturer with the proprietary right to the licenses was also contacted to find other qualified/authorized maintenance services. The techniques and methods used were adequate to establish that no other vendors were available.

On 26 September 2019, DHA EMS-CD conducted searches in Ability One, SBA (DSBS and

QMS), GSA, and SEWP. Those searches did not reveal any businesses that could provide

AMiON products.

As stated above, this was previously awarded under contract HT0015-15-P-0014. Since that time, there are no sources other than Spiral Software, 248 Park Street, Newton, MA 02458 who can provide these products as they are the original equipment manufacturer (OEM) and have no authorized resellers. This company has provided confirmation of this to us

9. Other Facts: N/A

10. Interested Sources: No source other than Spiral Software has expressed an interest in this requirement..

11. Actions to overcome barriers: Future requirements will be synopsized in accordance FAR

5.203. If other potential sources emerge, the government will assess whether competition for future requirements is feasible.

COORDINATION: