JA19-0151B_UpToDate_Bridge_JA_(HCA_approved).pdf

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

DHA PGI 206.3, Attachment 1 (06-21-2018)

Justification and Approval for Other than Full and Open Competition

J&A Tracking No. JA19-0151B

1. Identification of the agency and contracting activity: The Defense Health Agency, Enterprise

Medical Support – Contracting Division (EMS-CD), plans to award a purchase order on an exception to fair opportunity basis, based on the statutory exception and supporting rationale provided herein.

2. Nature and/or Description of Action being approved: This is a Justification and Approval (J&A) for an acquisition to renew Up-To-Date software for the DHA. DHA is requesting approval of this

Justification and Approval (J&A) for a sole source award bridge contract to UpToDate Inc, 230Third

Avenue, Waltham, MA 02451, for the renewal of the existing Up-To-Date software. The requirement for

DHA-wide UpToDate Software Support & Maintenance was awarded as a Sole Source on 28 September

2017 under Purchase Order HT0015-17-P-0014 to support DHA; the Sole Source action was justified under JA17-0109. The period of performance of HT0015-17-P-0014 is ending, and DHA has a continuing need for these services. The follow-on base-plus-four requirement for a DHA-wide enterprise level contract for UpToDate Software renewal is under-development, but it will not be ready until next fiscal year.

The Government intends to negotiate a Firm Fixed Price Purchase Order with UpToDate Inc. The current

Purchase Order HT0015-17-P-0014 expires on 29 September 2019; UpToDate Inc is the incumbent contractor.

3. Description of Supplies/Services: DHA health care professionals require access to an in depth, accurate, complete, unbiased, evidence-based treatment plans, and peer-reviewed clinical information to be used at the point of care (chairside). This is a continuing software maintenance requirement for DHA to meet current Point of Care requirements. UpToDate is a highly specialized evidence- based, physician-authored clinical decision support resource that clinicians use to assist diagnostic and treatment decisions at the point of care at the patient bedside, in a procedure room, or other location when providing treatment. The purpose of this contract is to renew subscription and support for the UpToDate software.

Below is a description of the requirement:

Manufacturer Part # Description Qty

UpToDate, Inc.

N/A

UpToDate Anywhere and Mobile Complete-

Base Year: 09/30/19 - 09/29/2020

The resulting order will have a twelve (12) months period from 30 September 2019 to 29 September 2020 for an estimated $1,532,993.00. FY19 O&M funding will be used.

4. Statutory and Regulatory Authority Permitting Other Than Full and Open Competition (see

FAR 6.302), or the Specification of the Statutory and Regulatory Provision Providing Exception to

8(a) Program Competitive Requirements (see FAR 19.805-1): 10 U.S.C. 2304(d)(1)(B) 6.302-1

(a)(2)(iii) – “For DoD, NASA, and the Coast Guard, services may be deemed to be available only from the original source in the case of follow-on contracts for the continued provision of highly specialized services when it is likely that award to any other source would result in unacceptable delays in fulfilling the agency's requirements.” Due to the follow-on competitive contract not yet being ready for award, and a break in service would occur if the current performance is not bridged.

5. Rationale Justifying Use of the Statutory Authority Cited: UpToDate is the Original Equipment

Manufacturer and owns proprietary rights to the software. UpToDate does not release product codes to the public. The requirement for DHA-wide UpToDate Software Support & Maintenance was awarded as a Sole Source on 28 September 2017 under Purchase Order HT0015-17-P-0014 to support DHA.

HT0015-17-P-0014 ends on 29 September 2019. The purpose of this procurement is to provide subscription and maintenance support to UpToDate software used throughout the Services. UpToDate provides in depth healthcare information on diseases and disorders written by subject matter experts in the field of medicine and in specific areas of medicine that they are renowned for. This brand format of information is necessary for clinicians that have limited or little experience in that area of medicine. The narrative format of information is tied to distinct treatment plans that follow evidence based medicine, which is standard of care practice. The treatment plans are distinct and provide guidelines for how resolution of the condition should occur.

UpToDate is required to support our junior physicians, nurse practitioners, physician assistants, and combat medics with the ability to input symptoms leading to a list of possible diseases or disorders, so that they can then narrow down to the actual disease, disorder, or condition and lead to a treatment for the patient. This is especially needed as many of our remote located clinics that do not have easy access to consultation with specialist providers. These providers are often the sole providers where they work and/or work in remote/isolated locations. Patient education information in the form of handouts that can be printed out is integral to this product. The service is also the only source brand that provides a resource of vetted articles that are suitable to provide to patients. UpToDate is required for physicians and medics as a first-line comprehensive and primary source of information.

6. Efforts to Obtain Competition: When the base-plus-four requirement package is ready, a sources sought will be issued to determine if potential authorized UpToDate resellers exist.

7. Determination that Anticipated Cost to the Government will be Fair and Reasonable: The current level of effort is acceptable and will not change with the bridge contract. The firm, UpToDate Inc, is successfully performing under the current contract and continues to maintain the experience and staff necessary to support the requirement. The Contracting Officer will determine that the anticipated cost to the Government will be fair and reasonable through a comparison and analysis of proposed prices with historical prices paid under HT0015-17-F-0014, the Contractor’s list prices, and the Independent

Government Cost Estimate.

8. Market Research: Market research was conducted on 27 September 2019, by researching the following databases: NASA SEWP, DSBS database, SBA Quick Market Research, and Ability One to determine if there were any significant market changes (i.e. technological advancements) or economic indicators that either affects price or the requirement itself, there were none. While authorized UpToDate resellers may be available, it is in the best interest of the Government to bridge the existing work with the incumbent vendor in order to allow time for the re-compete to take place. Therefore, based on this market research, awarding a bridge to the incumbent vendor at this time is the most advantageous method of fulfilling the Government’s need, with regards to price, efficiency, past performance, and experience.

9. Other Facts: N/A.

10. Interested Sources: UpToDate Inc.

11. Actions to overcome barriers: This action is to put a bridge contract in place to ensure continuity of coverage for UpToDate software. A sources sought will be issued for a base-plus-four requirement for

UpToDate software renewal.

COORDINATION:

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.

30 SEP 2019

Jack V. Larsen Date

COR

13. Requirements Certification:

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

30 SEP 2019

Jack V. Larsen Date

COR

14. Fair and Reasonable Cost Determination:

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

Click here to enter a date.

Marc A. Cypert Date

Contracting Officer, EMS-CD

15. Legal Review:

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

Kevin E. Bolin Date

Office of General Counsel

16. Contracting Officer:

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

Marc A. Cypert Date

Contracting Officer, EMS-CD

17. Competition Advocate:

Based on the foregoing justification, I hereby approve the procurement of Up-To-Date Software Renewal on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 2304(d)(1)(B), LARSEN.JACK.VI

Digitally signed by LARSEN.JACK.VIGGO.1040289

GGO.1040289654 654

Date: 2019.09.30 10:06:33 -05'00'

LARSEN.JACK.VI

Digitally signed by LARSEN.JACK.VIGGO.1040289

GGO.1040289654 654

Date: 2019.09.30 10:06:43 -05'00'

CYPERT.MARC Digitally signed by

O.A.1292315739 Date: 2019.09.30 11:00:25 -05'00'

CYPERT.MARCO.A.1292315739

BOLIN.KEVIN.

E.1393687939

Digitally signed by

BOLIN.KEVIN.E.1393687939

Date: 2019.09.30 11:11:15

-05'00'

CYPERT.MARC Digitally signed by

O.A.1292315739 Date: 2019.09.30 11:00:38 -05'00'

CYPERT.MARCO.A.1292315739

subject to availability of funds, and provided that the supplies and/or services herein described have otherwise been authorized for acquisition.

Jake L. Lewis Date

Competition Advocate (J-4)

APPROVAL:

18. Head of Contracting Activity (or designee):

Based on the foregoing justification, I hereby approve the procurement of Up-To-Date Software Renewal on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 2304(d)(1)(B), subject to availability of funds, and provided that the supplies and/or services herein described have otherwise been authorized for acquisition.

John M. Tenaglia Date

Head of Contracting Activity (HCA) (J-4)