JA-24-0159B_Redacted.pdf

Status: Approved

FOR OFFICIAL USE ONLY - Source Selection Information – See FAR 2.101 and 3.104

Justification and Approval (J&A) for Federal Acquisition Regulation (FAR) Subpart 13.5

Other than Full and Open Competition

Sole Source Acquisition

Title: Elsevier Clinical Skills Bridge

J&A Number: JA-24-0159B

1. Identification of the agency and contracting activity:

Professional Services Contracting Division

The requiring activity is the Defense Health Agency (DHA), Nursing Directorate. The contracting activity for this acquisition is Professional Services, Defense Health Agency Contracting Activity (DHACA), at DHA.

2. Nature and/or Description of Action being Approved:

new contract

This requirement is to establish a bridge contract for the skills and procedures database Elsevier Clinical Skills. The current bridge contract #HT9410-23-P-0122 expires 30 June 2024. The additional time is required to prevent a gap in service while a new contract is being solicited and awarded.

3. Description of Supplies/ Services:

Clinical Skills is a skills and competency verification commercial-of-the-shelf database, providing access to evidenced-based skills, interactive skills, and procedures reference modules offering quick, summarized skill information, detailed rationales, and illustrations and video or flash-based animations equal to or greater than hard-copy nursing skills and procedures references. Specialties covered are acute and critical care nursing, advanced practice, emergency, high-risk obstetric, maternal/newborn, mental health, neonatal, oncology, ambulatory care, behavioral health, hospice/palliative care, pediatric, perioperative, rehabilitation, respiratory, and post-anesthesia. Its current and unbiased content is referenced to multiple skills and procedures manuals from specialty organizations. Users accrue continuing education through the product. The database tracks user competencies and provides documentation of competencies as required by the Joint Commission. The resultant contract will be Firm Fixed Price, and the contemplated contract will be awarded to the large busines, Elsevier, Inc. The Period of Performance will be for one (1), 3-month base period, with a six (6) month extension.

TOTAL Contract Value

POP: From 7/1/2024 to 3/31/2025

Estimated Value $868,440.93

BASE

POP: From 7/1/2024 to 9/30/2024

Estimated Value $289,480.31

Type of Contract (Primary):

FAR 16.202 Firm-Fixed-Price

Options: No

Number of Options:

POP (All options): From to

Estimated Value (all options):

Funding Type:

Operations & Maintenance (O&M)

Extension of Services: Yes

Clause: FAR 52.217-8

Estimated Value: $578,960.62

Number of Months: 6

4. Statutory Authority Cited permitting other than full and open competition:

41 U.S.C. 1901 Simplified Acquisition Procedures

In accordance with Federal Acquisition Regulation (FAR) 13.501(a)(1)(ii), Acquisition of commercial items conducted pursuant to FAR Subpart 13.5 in accordance with 41 U.S.C. 1901 Simplified Acquisition Procedures.

5. Rationale Justifying Use of the Statutory Authority Cited:

Failure to award the bridge contract would jeopardize nursing staff licensure of approximately 50,000 nurses and nursing allied professionals. As a result, any healthcare provider who is not working under a license is taken out of patient care, putting at risk both patient care as well as the accreditation of 728 Continental United States and Outside Continental United States DHA patient care facilities. This system houses the competency transcripts for about 50,000 nurses and allied health professionals. Losing access to those competency records would jeopardize licensure for those staff members. A period of time is needed for impacted staff to download their transcripts and transition to manual tracking while waiting for the follow-on contract to this bridge to be competed. The bridge period of performance will allow for an orderly system transition.

6. Efforts to Obtain Competition:

Requirements for the Clinical Skills is being finalized by the DHA Nursing Division to facilitate a competitive contract by any market sources with requisite capabilities. The acquisition documents will be submitted to contracting by 14 May 2024 for contract award March 2025. This bridge contract is to be awarded by 01 July 2024 with a three-month base period followed by a six month extension. The bridge period will allow DHA Nursing to complete development of its requirements and conduct an open competition for a follow-on contract. A Notice of Contract Action was posted to SAM.gov on 16 May 2024 for a total of 15 days as required by FAR Subpart 5.

7. Determination that Anticipated Cost to the Government will be Fair and Reasonable:

The Contracting Officer hereby determines that the anticipated cost to the Government will be fair and reasonable through a comparison to current and historical pricing of the same required services needed in this bridge contract, an analysis of the Independent Government Cost Estimate, and prices for same or similar services used in the general public.

8. Market Research:

Market Research Conducted? Yes

When was it conducted? 4/15/2024 to 5/14/2024

Description:

In accordance with FAR Part 10, Market Research was conducted via mandatory sources (Ability One, Unicor,) which returned negative results. The requiring activity consulted with medical librarians, searched Federal Procurement Data System and conducted web searches. For the purposes of the present bridge contract, changing vendors is not feasible. In order to transition to a new system, the DHA clinical departments impacted by this system would need time to export all skill transcripts records to load into the new system. Competency data lost in the transition would jeopardize the license and ability to practice of thousands of nurses and other allied health professionals enterprise wide. In conclusion, Market Research indicates that Elsevier is the publisher and the only authorized seller for the Elsevier Clinical Skills database. The subscription for this database is the only product that meets all the salient characteristics that are required by DHA.

9. Other Facts:

None

10. Interested Sources:

Elsevier (https://www.elsevier.com/products/clinical-skills)

Lippincott Nursing Skills (https://www.wolterskluwer.com/en)

Dynamic Health (https://www.ebsco.com/health-care/products/dynamichealth)

The follow on contract will be competed among all interested parties. This action is being pursued for the incumbent product due to the time constraints of the requested bridge contract and time needed to transition systems which could expose many nurses to loss of licensure if bridge does not go to incumbent.

11. Actions to overcome barriers:

Requirements for the Clinical needs of nursing staff throughout DHA are currently being finalized by the DHA Nursing Division to facilitate competition by additional market sources with similar capabilities.

However, DHA needs to ensure that services are maintained and not lapsed during the contracting process.

Coordination & Approval

12. Technical/Functional Representative:

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

Comments:

13. Requirements Certification:

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

J-Directorate Office: J-7

14. Fair and Reasonable Cost Determination:

The Contracting Officer hereby determines that the anticipated cost to the Government will be fair and reasonable through a comparison to current and historical pricing of the same required services needed in this bridge contract, an analysis of the Independent Government Cost Estimate, and prices for same or similar services used in the general public. Certified cost or pricing data is not required in accordance with FAR 15.403-1(c)(3).

I have determined that the anticipated cost to the Government for this contract action is fair and reasonable.

15. Legal Review:

I have reviewed this justification and have found it to be legally sufficient.

Counsel

16. Contracting Officer:

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

17. Competition Advocate: Based on the foregoing justification, I hereby approve the procurement of Elsevier Clinical Skills Bridge on an other than full and open competition basis pursuant to the authority of 41 U.S.C. 1901 Simplified Acquisition Procedures, subject to availability of funds, and provided that the supplies and/or services herein described have otherwise been authorized for acquisition.

18. Head of Contracting Activity (or designee): Based on the foregoing justification, I hereby approve the procurement of Elsevier Clinical Skills Bridge on an other than full and open competition basis pursuant to the authority of 41 U.S.C. 1901 Simplified Acquisition Procedures, subject to availability of funds, and provided that the supplies and/or services herein described have otherwise been authorized for acquisition.

19. Director of Defense Health Agency, Senior Procurement Executive: Based on the foregoing justification, I hereby approve the procurement of Elsevier Clinical Skills Bridge on an other than full and open competition basis pursuant to the authority of 41 U.S.C. 1901 Simplified Acquisition Procedures, subject to availability of funds, and provided that the supplies and/or services herein described have otherwise been authorized for acquisition.

Approved: James E. Watkins - 14 Jun 2024, 16:53:14