Software Maintenance and Support (BEMR)

National Acquisitions Section Limited Source Justification

Pursuant to the Federal Acquisition Regulation (FAR) Subpart 8.405-6 and the Bureau of Prisons Acquisition Policy (BPAP) Subpart 6.304 (c), the Federal Bureau of Prisons has determined that restricting consideration of schedule contractors is justified for this procurement action . This acquisition is conducted under the authority of the Multiple Award Schedule (MAS) program. The following is a list of supporting documentation for this limited source justification in accordance with FAR Subpart 8.405-6(c) (2) :

1. Contracting Agency - U.S . Department of Justice, Federal Bureau of Prisons (Bureau), Central Office, Administration Division, Acquisitions Branch, National Acquisitions Section .

2 . Description of Action Being Approved - This action will be a fixed firm-price task order with one-year performance period issued pursuant to the terms and conditions of the referenced General Services Administration (GSA) Federal Supply Schedule (FSS) contract. The Bureau is preparing this justification and requesting approval as required by FAR Subpart 8.405-6(c) (2) and the BPAP Subpart 6.304(c) .

3. Description of Supplies and Services Required to Meet the Agency's Needs - Inclusive of the Estimate Value - The Bureau has a requirement for the annual maintenance and support services of the Bureau Electronic Medical Records (BEMR) system. BEMR contains inmate medical history. A receiving institution has immediate access to an inmates file and can provide appropriate medical care. It also eliminates the need to mail or transfer files which become lost. Service is required from October 1, 2016 through September 30, 2017. The
contractor would provide all new software releases; system updates ; program temporary fixes; documentation updates; and toll free hot-line support 24 hours a day, seven days a week for system software assistance.

The estimated cost of these services is $1,066,376.88.

4. Authority Cited - This acquisition is being conducted under the statutory authorities for the MAS program which are 41 USC 152 (3), Competitive Procedures, and 40 USC 501,­ Services for Executive Agencies . This justification is limiting sources in accordance with FAR 8.405-6(a) (1)(i) (B) ; only one source is capable of providing the services required at the level of

quality required because the services are unique and highly specialized .

Advanced Technologies Group, Inc . (ATG) is the manufacturer of the BEMR software system which is currently being used throughout the Bureau. ATG offers a perpetual license which would allow the Bureau to use the software at all institutions operated, and managed by the Bureau. ATG owns the proprietary rights to the software installed on the file servers and is the only source that can capable of maintaining the software and the hardware on which it is installed. The software is data rights and copyright protected . ATG has not granted reseller authority to any vendors for support and maintenance of the electronic medical records software and/or perform any hardware services related to the software .

5 . Contracting Officer 's Best Value Determination - This award will be made in accordance with the terms and conditions of the referenced GSA FSS for which the GSA Contracting Officer has already determined the price to be fair and reasonable, pursuant to FAR 8.404 (d) . A separate determination is not required . Based on a comparison of previous and current Government contract prices for these services, the Bureau's Contracting Officer has determined that the utilization of the GSA FSS represents the best value to the Government.

6. Market Research - Market research revealed that ATG is the only contractor capable of providing the software and
maintenance services necessary to maintain the system software. As no other contractors are available, competition cannot be obtained. However, market research revealed the ability to procure the requirement via the GSA FSS.

7. Other Factors - To obtain a similar product/service would not be economically feasible due to the substantial investment in the BEMR system.

8. Statement of Actions to Remove or Overcome Any Barrier - For the reasons stated previously, no actions are available to the Bureau which could remove competition barriers before subsequent acquisition of the required services.