JA Sole Source FAR Part 13.5 (APR 2021) Redacted.pdf

Control Number: 23-RHCO-C-154 CUI

CUI

(Source Selection information - See FAR 2.101 and 3.104-4)

APR 2021

Sole Source Justification and Approval Review Document Under FAR 13.501*

(*Format follows FAR 6.303-2, but modified to reflect FAR subpart 13.5 procedures)

Program/Equipment: ICU Medical MedNet™ Servers for Mission Essential Hospira Infusion Pumps including maintenance and support for the Firmware and Software for multiple departments for Carl R. Darnall Army Medical Center (CRDAMC), Fort Hood Texas.

Authority: 13.501(a)(1)(ii), sole source (including brand name) under the authority of the simplified procedures for certain commercial items.

Amount: The estimated value of this effort is $662,890.00 including all options. The estimated quantity of this effort is a base and four options including all options. The period of performance is base year 1 January 2023 – 31 December 2023 and four proposed options of 1 January 2024 – 31 December 2027. The base year is $298,890.00 which includes the initial Electronic Health Record (EHR) license implementation. Each proposed follow on option is $91,000.00 to maintain and support the licenses for the infusion pumps.

Prepared by: , Contract Specialist E-mail:

Contracting Officer:

Date Reviewed: 8 December 2022 E-Mail:

Technical Representative:

Title: Logistics Division, CRDAMC

Date Reviewed: 15 December 2022

Requirements Representative:

Title:

Logistics Division, CRDAMC

Date Reviewed: 15 December 2022

Controlled by: U.S. Army Controlled by: RHCO-C CUI Category (ies): SSEL

Distribution Statement or LDC: FED ONLY

POC:

ICU Medical MedNet™ Servers for Hospira Infusion Pumps

(Source Selection information - See FAR 2.101 and 3.104-4)

Sole Source Justification and Approval Under FAR 13.501

1. Contracting Activity: Medical Readiness Contracting Office-West

2. Description of Action: New contract action, firm fixed price, Operation and Maintenance, Army

3. Description of Supplies/Services: This is a supply requirement that includes the outcomes to be satisfied by the contractor by providing the required firmware and the software licenses for government owned infusion pumps. The software license provides for the connection to the electronic health record (EHR) Genesis auto-documentation software implementation.

The software would provide servers to translate data from the pumps to the electronic health record (EHR), Genesis. The service would also provide licenses for MedNet Medication Management System (MMS) to support the pharmaceutical database utilized on infusion pumps.

The estimated value of this effort is $662,890.00 including all options.

4. Authority Cited: 41 United States Code 1901 as implemented in Federal Acquisition Regulation 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: The Government has a current need to update the government owned ICU Medical Plum 360 and the LifeCare PCA pumps from the current version 5 to version 7. The software license provides the servers the capability to translate data from the pumps to the electronic health record (EHR), Genesis. The software also provides licenses for MedNet MMS to support the pharmaceutical database utilized on infusion pumps.

The MMS provides the capability to send, receive, report, and store information from interfaced external systems and to implement infusion parameters.

6. Efforts to Obtain Competition: A sources sought notice for the MedNet firmware and software was posted with the minimum requirements to https://SAM.gov from 29 November 2022 through 2 December 2022. There was one response to the sources sought. Mission First Solutions LLC responded that they are an authorized distributor/reseller of the ICU Medical Infusion System offering to federal customers with current Letter of Supply from ICU Medical to represent ICU Medical’s Infusion System, Software and Services. Mission First Solutions provide and OEM letter of supply and https://sam.gov/

(Source Selection information - See FAR 2.101 and 3.104-4) distributor agreement from ICU Medical to supply ICU Medical products to federal customers.

An SBA Dynamic small business search and Quick Market search was conducted using key words “Software Publishers” and NAICS code “513210” that resulted in no small businesses found.

Previous actions were evaluated and found that one vendor is historically and consistently capable of providing the firmware and software for the infusion pumps.

7. Actions to Increase Competition: Based on market research, acquisition history, and the results of the Sources Sought Notice, competition is not anticipated for this requirement because no vendor could meet the 1 January 2023 start date.

The Medical Readiness Contracting Office-West will continue to evaluate the capabilities of other vendor’s products and re-procure the products that provides the best value to the Government.

8. Market Research: An SBA Dynamic small business search and Quick Market search was conducted using key words “Software Publishers” and NAICS code “513210” that resulted in no small businesses found.

Previous actions were evaluated and found that one vendor is historically and consistently capable of providing the firmware and software for the infusion pumps.

Currently only one source or their authorized vendors is capable of providing the specialized supplies required at the level of quality required because the supplies are unique and highly specialized. Based on this information, the Contracting Officer has determined this requirement is to be solicited. “Only one source reasonably available (e.g., urgency, exclusive licensing agreement, brand name or industrial mobilization).

DLA ECAT and Medical Master Catalog were researched and the DLA and ECAT platforms and the requested firmware and software are currently not available.

Wholesale supply sources (e.g. General Services Administration) were researched and although the preferred vendor has items on the GSA schedule the requested items are currently not on the preferred vendor’s schedule.

9. Interested Sources: “To date, no other sources other than Mission First Solutions, LLC have written to express an interest.” As stated in paragraph 6 above, the notices required by FAR 5.201 have been published, and there are none other than Mission First Solutions, LLC that could provide the entirety of the Government’s requested requirement at this current time.

(Source Selection information - See FAR 2.101 and 3.104-4)

10. Other Facts: The following facts support the use of other than full and open competition:

a. Procurement history:

Contract number, awarded contractor: W81K0020P0030, ICU Medical Description of requirement: MedNet License Method of procurement: sole source Contract type: FFP Delivery requirements: provide the MedNet Software License for the Hospira Patient Controlled Analgesia (PCA) infusion pumps Total awarded amount: $237,941.72 Number of option periods: two (2) Number of Offerors: one (1) Source Selection Method: market research, sole source justification Basis for fair and reasonable pricing: price analysis

b. Other facts. N/A

11. Technical Certification:

I certify that the supporting data under my cognizance, which are included in the justification are accurate and complete to the best of my knowledge and belief.

Signature:

12. Requirements Certification:

I certify that the supporting data under my cognizance, which are included in the justification are accurate and complete to the best of my knowledge and belief.

Signature:

13. Fair and Reasonable Cost Determination:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. A price analysis shall be conducted to compare the proposed prices to competitive contracts within RHCO-C for the same or similar

(Source Selection information - See FAR 2.101 and 3.104-4) requirements. Certified cost or pricing data is not required, in accordance with FAR 15.403-1(b)(3).

Contracting Officer

14. Contracting Officer Certification:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

(Source Selection information - See FAR 2.101 and 3.104-4)

Approval

Based on the foregoing justification, I hereby approve the procurement of ICU Medical MedNet™ Servers for Hospira Infusion Pumps including maintenance and support for the Firmware and Software on an other than full and open competition basis pursuant to the authority of 41 U.S.C. 1901 as implemented by FAR 13.501, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition. The estimated value of this effort is $662,890.00 including all options. The estimated quantity of this effort is a base and four options including all options. The period of performance is base year 1 January 2023 – 31 December 2023 and four proposed options of 1 January 2024 – 31 December 2027.

The base year is $298,890.00 which includes the initial Electronic Health Record (EHR) license implementation. Each proposed follow on option is $91,000.00 to maintain and support the licenses for the infusion pumps.