Redacted JA.pdf

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Control Number: JA-24-06-1596

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Source Selection Information - See FAR 2.101 and 3.104-4

OCT 2023

As such, the eLIMS affords the analysts, supervisors, and managers the ability to view all stages of sample analysis by tracking internal chain of custody, to include sample location and even sample disposal decision based on its hazardous characteristics.

One additional feature of the eLIMS is to establish interfaces between the laboratory instruments and the central database. The multiple laboratory instrument interfaces enable the importing and management of raw assay data results. Due to the unique environmental mission performed by the public health laboratories, the eLIMS is an essential tool to manage and integrate the wide array of testing the centralization of the environmental laboratory data provides near real time capability to analyze and report thus supporting the National Biodefense Strategy and the Department of Defense Directive 6490.02E, Comprehensive Health Surveillance. A software maintenance and technical support contract ensures access to required software upgrades, bug fixes, licenses renewal and needed application technical support.

4. Authority Cited: 41 United States Code (U.S.C.) 1901, as implemented in FAR 13.501(a)(1)(ii), sole source (including brand name) under the authority of the simplified procedures for certain commercial items.

5. Reason for Authority Cited: This requirement includes the licensing and support for the STARLIMS product which can only be provided by the STARLIMS Corporation (owner of the STARLIMS system). No other vendor can provide the license support, maintenance, or software support. This is a proprietary system, and there are no other vendors that can support this existing system. STARLIMS Corporation solely owns the intellectual property associated with the STARLIMS products and therefore is the only authorized source to provide licensing, gap analysis, professional and support services for this system. STARLIMS provided a letter dated 24 January 2024 confirming that STARLIMS Corporation is the only source authorized to provide licensing, maintenance, and support services on their products.

The development of this software was originally competed as a small business set aside (awarded as Task Order# W91ZLK-12-F-0150). The deployment of the selected vendor to the various locations required significant resources and financial commitments to support the deployments across the enterprise. If the Government was required to transfer to a new eLIMS system with any other vendor, it would take significant resources, time and financial support to deploy, configure, transfer current data, and use any new system. The time for deployment of a different system would be expected to take at least 3 years and greater than $1M in deployment costs and manpower support in excess of the cost of the system and licensing.

6. Efforts to Obtain Competition: The Government examined all possible strategies to increase competition before moving forward with the justification. The requirement was synopsized on the Governmentwide Point of Entry (GPE) at sam.gov via a Notice of Intent to Sole Source for a period of 15 days (in accordance with FAR subpart 5.2). The

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Source Selection Information - See FAR 2.101 and 3.104-4

OCT 2023

Contract# W81XWH19P0057 was cited for less than full and open competition in accordance with FAR 13.106-1(b)(1)(i).

Contract# W91ZLK-16-P-0036 was cited for less than full and open competition in accordance with FAR 6.302-1(a)(2)(iii)(B).

Contract# W91ZLK-16-P-0022 was cited for less than full and open competition in accordance with FAR 6.302-1 (per fpds.gov).

Contract# W91ZLK-16-P-0011 was cited for less than full and open competition in

Contract# W91ZLK-15-P-0487 was cited for less than full and open competition in

Task Order# W91ZLK-12-F-0150 was competitive and not cited for less than full and open competition.

(4) For Contract# W81XWH19P0149, the contents of Paragraph 7 of the J&A included, �Abbott Informatics Company is the sole owner of the StarLIMS system to include the licensing and maintenance/support services for the system. Unless the Company permits third party distribution or support of these services, competition will not be an option at this point.�

For Contract# W81XWH19P0057, the contents for the section �Efforts to obtain competition� from the J&A included, �This procurement was initially competed as full and open competition for a systems integrator [to] implement and deploy the Government�s solution choice for the Lab Information Management System (LIMS).

STARLIMS was deployed at all locations and the subsequent maintenance and support contracts are sole source in that there are no other vendors that provide this proprietary service and support and licensing to the STARLIMS system.�

For Contract# W91ZLK-16-P-0036, the contents for the section �Efforts to Obtain Competition� from the J&A stated that �the initial project began with a search for a systems integrator to manage the project encompassing the procurement of an eLIMS system.� This included the implementation and deployment of the selected LIMS at Regional Health Command (RHC) � Europe, Army Public Health Center (APHC), RHC-Atlantic, Public Health Center � Central, RHC-Pacific (Washington), RHC-Pacific (Hawaii), RHC-Pacific (Camp Zama, Japan), and RHC-Pacific (Korea).

�Based on information collected during market research, it was determined that the initial procurement effort could be solicited and competed amongst small businesses. Two proposals were submitted in response to the [original] FedBizOpps 100% small business set aside posting.�

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Source Selection Information - See FAR 2.101 and 3.104-4

OCT 2023

While a J&A was posted to the public for Contract# W91ZLK-16-P-0011, it did not have a section going over what efforts were made to obtain competition.

For Contracts W91ZLK-16-P-0022 and W91ZLK-15-P-0487, a posted J&A was unable to be found through the GPE.

(5) Task Order# W91ZLK-12-F-0150 was issued under full and open competition after exclusion sources (a small business set-aside). This task order covered the development, implementation, and deployment of this software. This software is a proprietary system, and no other vendor currently has the capability of maintaining this software.

(6) There are no unusual patterns that were revealed by the history of this requirement. The Army Contracting Command � Aberdeen Proving Ground was the contracting office for W91ZLK-12-F-0150, W91ZLK-15-P-0487, W91ZLK-16-P- 0011, and W91ZLK-16-P-0022. The system was originally competed among small businesses, and once a proprietary system was established, all subsequent requirements have been issued on a sole source basis.

(7) For Contract# W81XWH19P0149, the justification that was prepared was on the basis that �Abbott Informatics is the sole developer of the STARLIMS application� and is the only entity capable of providing �software solutions, new releases, upgrades, updates, bug fixes, etc.�

For Contract# W81XWH19P0057, the justification that was prepared was on the basis that �Abbott Informatics is the sole developer and distributor of the STARLIMS application. They have no 3rd party resellers�APHC cannot change to a different ELIMS software because of the significant costs and time investment in the project that has been in progress since 2010. This includes the integration and implementation at the eight different Public Health labs.�

For Contract# W91ZLK-16-P-0022, the justification that was prepared was on the basis that �failure to award to LabAnswer would require significant financial rework on the part of the Government and significantly delay the Go-Live dates for subsequent regional deployments. No other contractor is capable of picking up where LabAnswer has left off and completing the work. If another company was awarded this effort, they would have to start over and the $2.8M already invested would be a sunk cost to the Government.�

For Contract# W91ZLK-16-P-0011, the justification that was prepared was on the basis that �the critical skillset of the LabAnswer staff in relation to the STARLIMS laboratory information management is vital to the success of the project in the timeline required by the government� and that �this contract will bridge the time between a previous contract with LabAnswer for System integration and the new

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Source Selection Information - See FAR 2.101 and 3.104-4

OCT 2023

contract for final deployment of the regional eLIMS.� The J&A continued on to state that failure to award to LabAnswer would result in significant rework and significantly delay updates for subsequent regional deployments.

For Contracts W91ZLK-16-P-0022 and W91ZLK-15-P-0487, a posted J&A was unable to be found through the GPE.

Task Order# W91ZLK-12-F-0150 was competitive without a brand name or equal requirement; therefore, a J&A was not completed.

The last six contracts have been issued on a sole source basis. There have been no changes in circumstances regarding this requirement.

b. Other facts. Not Applicable