-12900.pdf

OFOC SOP Revision 06 Page 1 of 4 Original Date: 03/22/11 Revision 06 Date: 08/30/2017

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>$150K)

Acquisition Plan Action ID: VA69D-17-AP-9656

1. Contracting Activity: Department of Veterans Affairs, Veterans Health Administration (VHA), NCO 12 – Great Lakes Acquisition Center (GLAC) [36C252]

Purchase Request (PR) 578-18-2-023-0001

2. Nature and/or Description of the Action Being Processed:

This procurement is for facility support services in accordance with (IAW) Federal Acquisition Regulations (FAR) 13.5 Simplified Procedures for Certain Commercial Items and specifically FAR

13.501 Special Documentation Requirements, where acquisitions conducted under Simplified Acquisition Procedures are exempt from the requirements of FAR Part 6, but still require a justification using the format of FAR 6.303-2.

The Edward Hines Jr. VA Hospital (Hines VAH) has a FY18 bona fide need for a new contract which offers access to the databases decribed in section 3 below. This procurement is for subscriptions to proprietary databases which provide access to thousands of medical articles, studies, and research pertaining to nursing practices, pharmaceutical information, and top tier biomedical and health journals. These subscriptions directly support VA medical staff engaged in providing clinical care to veterans. The Contracting Officer has determined to pursue a single source award of a firm-fixed price (FFP) type contract with the publisher of these databases IAW FAR 13.501

3. Description of Supplies/Services Required to Meet the Agency’s Needs:

This requirement is for sunscription access and technical support for the following databases:

Nursing reference Center Plus International Pharmaceutical Abstracts, Host Medline Complete

These subscriptions directly support VA medical staff engaged in providing clinical care to veterans.

This contract will possess a 12-month base year running from 1/1/2018 through 12/31/2018 and four, 12-month option periods. The estimated total value of this procurement, base plus all options, is $448,711.00.

4. Statutory Authority Permitting Other than Full and Open Competition:

FAR13.5 Simplified Procedures for Certain Commercial Items: The authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. 1901 and is implemented by for restricting competition on this procurement via FAR 13.106-1(b)(2).

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Revision 06 Date: 08/30/2017

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

IAW FAR 13.106-1(b), “Contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available.”

Ebsco Industries, Inc. is the publisher of the three (3) databases described above and possesses exclusive licensing agreements for the use of their products. Only one (1) other vendor was found in the marketplace that could provide access to the three databases listed in section 3 above. This firm was determined to be an authorized reseller of the Ebsco products via a teaming agreement; however, no apparent value is added by purchasing access to these databases from them at a premium.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable:

A Request for Information (RFI) was generated and distributed to all NASA SEWP contract holders on 11/30/2017 with a response due date of 12/8/2017. The required products were identified and vendors were asked to provide a timeframe for when a cost estimate could be made available and a letter demonstrating they are an authorized distributer/resller of the requested products and services.

No responses were received by any of the contract holders, and no alternative databases were proposed.

A search of the Electronic Contract Management System (eCMS) did not identify any VISN or locally awarded Blanket Purchase Agreements (BPAs) against FSS contracts. Additionally, no national BPAs were identified during market research.

In accordance with (IAW) VAAR 819.7004, the Contract Specialist (CS) first considered Service-Disabled Veteran-Owned Small Businesses (SDVOSBs) and Veteran-Owned Small Businesses (VOSBs) after verifying no mandatory sources exist which offer the required services.

A search of the Office of Small & Disadvantaged Business Utilization (OSDBU) Vendor Information Pages (VIP) website on 11/29/2017 key word “Ebsco” identified one (1) SDVOSB.

The Contract Specialist contacted this firm and requested that they provide evidence of being an authorized reseller of the required Ebsco products and services. Additionally, this firm was requested to provide a quote, for market research purposes only, for the required products and services if they could indeed offer them.

This firm responded on 11/30/2017 with a signed teaming agreement between themselves and Ebsco. They also provided a quote for these products and services which contained approximately a 2% markup on the total price for five-years when compared to an unsolicited quote provided by the publisher, Ebsco. No apparent value is added by utilizing this third party to procure access to the proprietary products and services offered by Ebsco.

An additional search using key word “Ebsco” was performed using the SBA’s Dynamic Small Business Search tool. Zero small businesses were identified.

A search of GSA eBuy and GSA Advantage did not identify any firms currently on contract selling the required products and services.

Several google searches for other databases offering similar capabilities were also performed by the Contract Specialist. Additionally, firms currently offering medical subscriptions to other VA Medical Centers were contacted and requested to submit information on their capability to provide the same or similar products and services. Requests for information were issued to the following firms with a response due date of 12/8/2017:

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Revision 06 Date: 08/30/2017

Cox Subscriptions, Inc.

Elsevier Inc.

Informa Business Intelligence, Inc.

Institute for Safe Medication Practices Ovid Technologies Inc.

ProQuest Wolters Kluwer Health, Inc.

None of the firms above responded.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and

Reasonable:

The Contracting Officer (CO) intends to determine that the proposed total price for these subscriptions is fair and reasonable through analysis of data other than certified cost or pricing data provided by the offeror.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted:

See section 6 above.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition:

Multiple steps were taken to identify alternatives in the marketplace to no avail. The decision to progress using procedures Othern than Full and Open Competition was made after all other avenues and contractual vehicles were explored.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition:

Ebco Industries, Inc. of Ipswich, MA J.E. Federal Enterprises, LLC of Montgomery, AL

11. A Statement of the Actions, if any, the Agency May Take to Remove or Overcome any Barriers to Competition before Making subsequent acquisitions for the supplies or services required:

The agency may overcome barriers to competition for future acquisitions for the same or similar products and services by conducting interchange meetings or holding presolicitation conferences to involve potential offerors early in the acquisition process. All identfied publishes and distributers in this industry will be invited to showcase their products and capabilities with the aim of processing follow-on requirements on a competitive basis.

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Revision 06 Date: 08/30/2017

12. Requirements Certification: I certify that the requirement outlined in this justification is a Bona Fide Need of the Department of Veterans Affairs and 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.

Towanna Jelks Library Technician Edward Hines Jr. VA Hospital

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

a. Contracting Officer or Designee’s Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Kevin Adkins Contracting Officer GLAC - Southern Tier Services Team

b. One Level Above the Contracting Officer (Required over$150K but not exceeding $700K):

I certify the justification meets requirements for other than full and open competition.

Paul M. Seivert Branch Chief GLAC - Southern Tier Services Team