JOFOC_PACRIS_2020_ Philipsej.pdf

Attachment C

Justification for Other than Full and Open Competition

“Source Selection Information – see FAR 2.101 and 3.104”

1. Identification of the agency and contracting activity.

a. Federal agency and contracting activity. HHS.NIH

b. Sponsoring organization.

Department of Radiology and Imaging Sciences NIH Clinical Center

c. Project Officer information.

Project Officer name. Sue Powell

Mailing address. 10 Center Drive RM 1C535 Bethesda MD 20892

E-mail address. smpowell@mail.nih.gov

Telephone number. 301-451-3572

2. Nature and/or description of the action being approved.

a. Acquisition purpose and objectives. This request is for the purchase of the licensing and support services required to maintain the Department of Radiology and Imaging Science ‘s Picture Archiving and Communication System (PACS) and Radiology Information System (RIS).

Both the PACS and the RIS are proprietary systems developed and maintained by Philips Healthcare Infomatics (was previously known as Carestream Health, Inc) . Both systems are in daily use by the RAD&IS and the Clinical Center for critical patient care.

b. Project background The Department of Radiology and Imaging Sciences provides imaging services to the National Institutes of Health Clinical Center’s patients who participate in research protocols conducted by the various NIH institutes. Imaging services include X-rays, fluoroscopy, ultrasound, magnetic resonance imaging (MRI) scans, computed tomography (CT) scans and interventional radiology (special procedures). Diagnostic services in ultrasound, digital mammography, positron emission tomography/computed tomography (PET/CT), and nuclear medicine are also provided. All these diagnostic modalities generate clinical diagnostic images that are sent to and archived on the Department of Radiology and Imaging Science’s Picture Archiving and Communication System (PACS).

Integral to the PACS is the Radiology Information System (RIS), which is used by the radiologists to create reports, which are sent to the CRIS (Clinical Research Information System or the Clinical Center’s Hospital Information System). The RIS also facilitates the daily workflow within the radiology department. Orders placed in CRIS flow through the RIS to the medical scanners and then from the scanner to the PACS where the studies are reviewed by the radiologists and reported using a combination of the PACS and RIS software. The reports are then forwarded to the

CRIS.

Philips Healthcare Informatics (formerly Carestream) is the manufacturer of the integrated PACS/RIS solutions currently in use at the Clinical Center. The PACS and RIS serve as the heart of Radiology and Enterprise’s Image Viewing and Reporting experience. The PACS and the RIS both use proprietary software manufactured by Philips Healthcare Informatics. Only Philips Healthcare Informatics can license, maintain and service its own proprietary software.

Philips Healthcare Informatics (formerly Carestream) has maintained both these systems under contract since in 2011. This requirement is for the continuation of Philips Healthcare Informatics Vue PACS and Philips Healthcare Informatics Vue RIS support services for one year with an option for a second year.

3. Description of the supplies or services required to meet the agency’s needs (including the estimated value).

a. Project title. Licensing and Support Services for the RAD&IS PACS and RIS Philips Healthcare Informatics Software

b. Project description. See attached Statement of Work (SOW).

Requirement type.

Research & development (R&D) R & D support services Support services (non-R&D) Supplies/equipment Information technology (IT) Construction Architect-engineer (A & E) services Design-build Other (specify): ____________________

Type of action.

New requirement Follow-on Other (specify): ______________________

Proposed contract/order type.

Firm-fixed-price Other fixed-price (specify, e.g., fixed-price award-fee, fixed-price incentive-fee): __________ Cost-plus-fixed-fee Other cost reimbursement (specify, e.g., cost-plus-award-fee, cost-plus-incentive-fee): ___________ Time and materials Indefinite delivery (specify whether indefinite quantity, definite quantity, or requirements): ___________ Other (specify): ___________ Completion Form Term form

Acquisition identification number. POTS # 20-010229

b. Total estimated dollar value and performance/delivery period.

$222,759.63

4. Identification of the statutory authority permitting other than full and open competition.

This acquisition is conducted under the authority of 41 United States Code (U.S.C.) 253(c)(1) as set forth in Federal Acquisition Regulation (FAR) 6.302- 1.

This acquisition is conducted under the authority of section 4202 of the Clinger-Cohen Act of 1996.

This acquisition is conducted under the authority of the Services Acquisition Reform Act of 2003 (41 U.S.C. 428a).

5. Demonstration that the proposed contractor(s) unique qualifications or the nature of the acquisition requires use of the authority cited.

a. Name and address of the proposed contractor(s). Philips Healthcare Infomatics Business Address: 4100 East Third Ave Foster City CA 94404

b. Nature of the acquisition and proposed unique qualifications of the contractor(s).

Philips Healthcare Infomatics is the only vender capable of providing support services for their own proprietary software. Over the past five years while PACS and RIS have been under support agreements with Philips Healthcare Informatics, Philips Healthcare Informatics has provided excellent service. Furthermore, Philips Healthcare Informatics has adhered to and complied with all the NIH security policies. They have completed both an Interconnection Security Agreement (ISA) and a Memorandum of Understanding (MOU) with NIH in the past.

In summary, due to the high demands placed on these systems in a critical patient care environment, the proprietary nature of the systems and favorable past service experiences, this service agreement should be awarded to Philips Healthcare Infomatics on a sole source basis.

6. Description of the efforts made to ensure that offers are solicited from as many potential sources as practicable. Indicate whether a FedBizOpps notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies.

A Fedbizopps notice of intent was published on 7/13/2020.

7. Determination by the Contracting Officer that the anticipated cost/price to the Government will be fair and reasonable. The hourly rates and prices for the consulting and technical services is exactly the same as quoted for past e.g.

The prices are similar to the prices in the previous contracts

a. HHSN269201600827P $222,935.98/year in 2016/7

b. 75N90019P00708 $222,935.98/year in 2018/9

8. Description of the market research conducted (see FAR Part 10) and the results, or a statement of the reasons market research was not conducted.

Philips Healthcare Infomatics is the manufacturer of the both the PACS and the RIS. As such Philips Healthcare Infomatics is the only source that can provide the components required to maintain the capabilities of its software solution.

9. Any other facts supporting the use of other than full and open competition.

The sole source acquisition is justified under the statutory authority contained in U.S.C.253©(1) and the following authority contemplated by FAR 6.302-1(a)(2).

“When the supplies or services required by the agency are available form only one responsible source and no other type of supplies or services will satisfy agency requirements, full and open competition need not be provided for “.

10. Listing of sources, if any, that expressed, in writing, an interest in the acquisition.

11. Statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the required supplies or services.

Philips Healthcare Infomatics is the only vendor capable of providing the software licenses and support services for its own proprietary software. Only Philips Healthcare Infomatics can provide access to its own technical support knowledge base, along with customization, site specific integration services for its proprietary PACS and RIS software. In summary, unless a new vendor is selected to provide a new Radiology PACS or RIS, Philips Healthcare Infomatics is the only vendor capable of providing the required maintenance service for this system. Philips Healthcare Infomatics has provided excellent past service. Due to their excellent service record plus the high demands placed on this system in a critical patient care environment, this service agreement should be awarded to Philips Healthcare Infomatics on a sole source basis.

12. Program office certification. This is to certify that the portions of this justification that have been developed by the undersigned program office personnel, including supporting information and/or data verifying the Government’s minimum needs, schedule requirements and other rationale for other than full and open competition, are accurate and complete.

Official Name & Title Signature Date

Project Officer Sue Powell, MS, Supervisor PACS/RIS Administrator, COR Radiology and Imaging Sciences

Project Officer’s

Immediate Supervisor

Gregg Cohen, PACS/RIS Manager Radiology and Imaging Sciences

Head of the Sponsoring

Program Office

Dr. Elizabeth Jones ,Chief Radiology &Imaging Sciences

13. Contracting Officer certification.

This is to certify that the justification for the proposed acquisition has been reviewed and that to the best of my knowledge and belief the information and/or data provided to support the rationale and recommendation for approval is accurate and complete.

Official Name & Title Signature Date

Contracting Officer

Anthony Hawley, Branch Chief-Section 1 Clinical Center, Office of Purchasing and Contracts

07-27-2020

14. Chief of the Contracting Office and Head of the Contracting Activity signature(s).

Official Name & Title Signature Date

Chief of the Contracting

Office

Head of the Contracting

Activity

15. Competition Advocate signature.

Official Name & Title Signature Date

Competition Advocate

16. HHS Senior Procurement Executive signature.

Official Name & Title Signature Date

HHS Senior Procurement

Executive