SSJ - signed.pdf

JUSTIFICATION FOR SOLE SOURCE PROCUREMENT (OPEN MARKET OR GSA)

UNDER $250,000

Sole source acquisitions may be used on a limited basis and only when the Contracting Officer’s Representative (COR)/Program Official has provided sufficient justification and the Contracting Officer has determined that the circumstances warrant such action. The content for a justification must contain detailed facts and rationale to justify the sole source acquisition. Soliciting from a single source must be done in accordance with FAR 13.106-1(b) or 8.405-6. At a minimum, the following information must be included:

Identification of Program Office, Contracting Activity, and Proposed Requirement, Justification and Program Office Certification:

A. Program Office:

Centers for Disease Control and Prevention Division of Vector Borne Diseases 3156 Rampart Road Fort Collins, CO 80521

B. Contracting Activity:

Centers for Disease Control and Prevention Office of Financial Resources Acquisition Branch 1

C. Identification of Requirement:

1. Nature of Action to be Approved by Contracting Officer:

a. Sole source acquisition of: the following items from WebMD Health Corp (Medscape Education): 1) Re-certification of Clinical Practice Assessment (CPA) with CPA Report including 20-25 knowledge- or competency-based questions to help learners assess their own educational gaps related to Bartonella infection, with nursing and medical continuing education accreditation for 2 additional years, 2) Re-certification of a series of First Response short videos with expert commentaries with associated Linked Learner Assessment and nursing and medical continuing education accreditation for 2 additional years, and 3) relevant promotion of the materials.

b. Procurement Request (PR) Number (if available): 000HCRJC-2024-86457

2. Proposed Vendor and Estimated Procurement Amount (if available):

a. Proposed Vendor: WebMD Health Corp, 395 Hudson Street, New York, NY 10014

b. Estimated Procurement Amount: $137,231.98

3. Is the requirement on GSA Schedule? ☒ Yes ☐ No

If yes, provide schedule number: GS-02F-0034W D. Justification:

1. The justification for this non-competitive action is:

☐ In accordance with FAR 13.106-1(b)(1), “only one source [is] reasonably available” which states that, “For purchases not exceeding the simplified acquisition threshold. (i) 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 (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization). (ii) Where a single source is identified to provide a portion of a purchase because that portion of the purchase specifies a particular brand-name item, the documentation in paragraph (b)(1)(i) of this section only applies to the portion of the purchase requiring brand-name item. The documentation should state it is covering only the portion of the acquisition which is brand- name.”

☐ Urgency

☐ Exclusive licensing agreements/Proprietary data

☐ Brand name required

☐ Industrial mobilization

☐ Other (e.g., compatibility, space issues, continuity, compatibility, etc.)

☒ In accordance with FAR 8.405-6 “Limiting Sources” which states that, “the only circumstances that may justify the action are – (A) An urgent and compelling need exists, and following the procedures would result in unacceptable delays; (B) Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized; or (C) In the interest of economy and efficiency, the new work is a logical follow-up to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original BPA must not have been previously issued under sole-source or limited-sources procedures.”

☐ Urgency

☐ Only One Source

☒ Logical Follow Up

☐ Brand name required

2. Other facts supporting sole source procurement:

a. What can this product/service do that other products/services cannot do?

WebMD Health Corp (Medscape Education) is the only vendor capable of re-certifying the clinical training materials developed with CDC in 2023 on Bartonella infections. Medscape Education is the leading online destination for continuing medical education. Medscape Education has the tools, resources, and experience for developing high quality continuing medical education. Medscape Education has a large following and a credible name to provide continuing medical education to a vast audience that we hope to reach with relevant information on Bartonella.

Additionally, Medscape Education products are on the GSA schedule.

b. What other products/services were considered and why did they not meet the need?

Other companies were considered under the OADC Blanket Purchase Agreement for communications contracts, however, these vendors do not have the existing work completed to re-certify the Bartonella CE materials. In addition, activities from other vendors are not on the GSA schedule.

3. Program Office efforts to seek potential offerors:

This is a follow-on requirement to prior contract award to Medscape Education (75D30122D14898). Pursiant to FAR 6.302-1, Medscape Education is the only vendor capable of developing and launching Clinical Practice Assessments and expert commentary videos with a Linked Learner Assessment targeted to physicians and nurses with continuing education accreditation.

E. Program Office Certification:

I have reviewed this sole source justification and certify the justification is true and accurate to the best of my knowledge and adequate to support other than full and open competition.

Center/Institute/Office COR/Program Official Name/Title: Cindy Summerhawk, COR

Center/Institute/Office COR/Program Official Signature:

Certification Date: May 22, 2024

F. Contracting Office Certification:

I have fully relied on the information provided herein and hereby certify that this justification is accurate and complete to the best of my knowledge and belief:

Contracting Officer Name: MJ Sipin

Contracting Officer Signature:

Certification Date: July 8, 2024