JA Nuance Powerscribe FINAL4.9.2020_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

1. Defense Logistics Agency (DLA) Troop Support, Medical Materiel Supply Chain, is the contracting activity.

2. The action being approved is the ability to solicit for requirements on an other than full and open competition basis.

3. Following are the supplies required to meet the Army’s needs:

Item Description: Annual maintenance for Nuance Communications’ (Nuance) PowerScribe radiology voice dictation system for twenty-seven (27) Army Medical Treatment Facilities (MTFs). The period of performance (POP) will be May 1, 2020 to April 30, 2021.

Unit Price: Estimated Range from per site depending on the maintenance required.

Estimated Total Dollar Value:

4. The applicable statutory authority permitting other than full and open competition is 10 U.S.C. 2304(c)(1), FAR 6.302-1, Only one responsible source.

5. The use of the cited authority is necessary since the required maintenance is only available from Nuance as they are the only vendor that can adequately satisfy the requirements of the Army MTFs because the MTFs use the Nuance PowerScribe radiology voice dictation system. The Powerscribe voice dictation system is used by the doctor/radiologist to record their notes/assessment of a study that is being read and that then gets transcribed into a report for the medical record. The PowerScribe software to be maintained is proprietary software developed and delivered exclusively by Nuance.

No other software can be used in conjunction with the existing hardware. In addition, Nuance is the only source that can modify existing connections to the hardware located at each site. Carahsoft is the only authorized distributor and service provider for Nuance and the only responsible source that can provide maintenance on the Nuance PowerScribe.

This proposed annual maintenance contract for twenty-seven (27) Army MTFs negates the need for individual maintenance contracts and standardizes the period of performance to ensure that no medical treatment facility endures a maintenance lapse of coverage during the period of performance which could have a negative impact on patient records.

The current contract expires April 30, 2020.

6. DLA posted a Sources Sought Notice (SSN) to Beta.sam.gov on March 9, 2020 with a closing date of April 9, 2020. No companies responded to the SSN. DLA will post a copy of this justification, redacted as necessary, with a combined synopsis/solicitation on Beta.sam.gov in accordance with FAR 6.305(c).

7. As the contracting officer, I hereby determine that the anticipated cost to the Government will be fair and reasonable based on a price analysis in accordance FAR 52.215-20 - Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data. The price analysis will include a comparison of the quoted maintenance price to the Government to that of the commercial list price and commercial discounting practices.

8. DLA conducted market research in January and February 2020 to see if there were any other authorized PowerScribe distributors on a Federal Supply Schedule (FSS) contract on GSA Advantage. DLA also performed Internet searches for authorized PowerScribe distributors. In both instances, none were found. Both Nuance and Carahsoft were contacted by Troop Support. Carahsoft expressed interest in the proposed procurement, however, Nuance advised that they would not quote on this procurement and directed DLA to Carahsoft, their authorized distributor.

9. There are no other facts supporting the use of this justification authority.

10. Carahsoft is the only source expressing interest in this acquisition.

11. In an effort to remove or overcome any barriers to competition before any subsequent acquisition for PowerScribe voice dictation system maintenance, the Government will engage in market research, post a SSN for a thirty (30) day period and query Nuance as to whether circumstances have changed and/or Nuance has added more distributors for PowerScribe maintenance.

12. As the Contracting Officer, I hereby certify that this justification is accurate and complete to the best of my knowledge and belief.

Date CHERYL A. ZEKAS Contracting Officer

I have reviewed this justification and recommend approval

Date Chief, Capital Equipment Division Medical Supplier Operations

ZEKAS.CHERY

L.A.1229046345

Digitally signed by

ZEKAS.CHERYL.A.1229046345

Date: 2020.04.09 15:28:37 -04'00'

I have reviewed this justification for legal sufficiency.

DLA Counsel – Troop Support

I have reviewed and hereby approve this justification.

DLA Troop Support Competition Advocate