Encore XR29 upgrades for Toshiba Aquilion 32-64 CT Spellman Systems

The Great Plains Area IHS is planning a sole source and unusual and compelling urgency award with Toshiba Medical System to provide Encore XR29 upgrades for Toshiba Aquilion 32-64 CT Spellman System for the Pine Ridge IHS Hospital, Rosebud IHS Hospital, and Eagel Butte IHS Hospital. The vendor is the original equipment manufactor and the work will be performed by the OEM local service representative and all three locations have service maintenance agreements with the OEM's representative. The OEM is the intellectual property rights holder. If another party were to perform the software upgrades, it would breach the contracts between the IHS and NXC imaging and void the service maintenance agreements. Using other than the OEM's authorized field service representative could violate the "Adulterating a medical device" provision of the Food, Drug, and Cosmetic Act (Title 21).