P03 - J and A - Clinical Mental Health - Redacted.pdf

VHAPG Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items Request for Sole Source Justification >SAT-$7.5M under FAR13.5

Clinical Mental Health Subscription

Effective Date: 02/01/2022 Page 1 of 4

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR

CERTAIN COMMERCIAL ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C776-24-AP-0838

1. Contracting Activity: Department of Veterans Affairs, Program Contracting Activity Central (PCAC) 6100 Oak Tree Blvd, Suite 490 Independence, Ohio 44131

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

The Department of Veterans Affairs (VA) Veterans Health Administration (VHA) requires an existing commercial off-the shelf, web-based, Clinical Mental Healthcare Knowledge product subscription to PsychiatryOnline that will be made available throughout the VHA Healthcare system. These products must include sources such as electronic textbooks and online full text journals. Inclusion of the current online DSM-V along with appropriate updates is a critical requirement. This product’s emphasis is on patient-oriented information, treatment guidelines, and patient health education resources. This requirement was previously awarded to American Psychiatric Association (APA).

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

The proposed action is to provide electronic journal subscriptions and eBooks to the VA and VA access nationwide to standard knowledge based clinical mental healthcare information resources and to make this Clinical Mental Healthcare Knowledge product available through Computerized Patient Record System (CPRS), the VA’s Electronic Health Record (EHR); nationwide to ensure consistent access at the bedside for all VHA health care professionals and staff.

Estimated Dollar Value:

4. Statutory Authority Permitting Restricted Competition:

The statutory authority for applying the Simplified Procedures for Certain Commercial Products and Commercial Services of FAR subpart 13.5 is 41 U.S.C. § 1901 and is implemented by FAR 13.106-1(b)(2) for restricting competition on this procurement. Competition is restricted on this procurement for the reason below:

(X) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

Effective Date: 02/01/2022 Page 2 of 4

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

This subscription is published only by American Psychiatric Association (APA) and the contents of the subscriptions are specific to the mental health care of patients.

There is not another source with the specific journals and eBook collections that the VA requires for mental health care, based on the annual review from Core Collection Advisory Committee (CCAC). Books and journals are copyrighted and considered proprietary information. A specific book and journal are only available from that publisher. There may be resellers, but no other entity is allowed, by law, to copy and provide that exact same material.

This resource is used within the VA for medical students, as an education tool, to residents, and MDs/practitioners for diagnosis of patients through direct examination. This part of the subscription to APA for PsychiatryOnline is the availability of the DSM-5 (Diagnostic and Statistical Manual). The Diagnostic and Statistical Manual of Mental Disorders (DSM; latest edition: DSM-5-TR, published in March 2022[1]) is a publication by the American Psychiatric Association (APA) for the classification of mental disorders using a common language and standard criteria. It is the main book for the diagnosis and treatment of mental disorders in the United States and is considered one of the principal guides of psychiatry. Again, it is proprietary, copyrighted information, and is only available from APA. DSM-5 is used by all mental health practitioners to diagnose mental health conditions, there is no substitute. This is a multisite group, enterprise-wide subscription, that covers 152 medical centers, and very complex, so it is required to go directly through the APA.

This product is psychiatryonline.com and it contains unique intellectual property that is proprietary information published by the American Psychiatric Association (APA).

There is no other provider of the DSM-5, APA is the owner of this work, APA developed this classification standard, and as noted above, it is considered an essential tool for the diagnosis of mental health disorders.

This requirement is being procured as sole source based on recommendations from the CCAC and market research. There is not another source with the specific journals and eBook collections that the VA requires for mental health care. In 2015, the Library Network Office established CCAC to make recommendations regarding the online knowledge-based resources (books, journals, databases) that will be made available enterprise-wide. The CCAC consists of memberships from across VHA and are representative of the key stakeholder groups currently using the Library Network core collection. Individual members are nominated by their respective program offices and verified annually. This interdisciplinary group makes recommendations as to what will and will not be provided nationally to all clinicians and program teams as part of the Core Collection.

Doody’s Review – an authoritative medical review service designed to assist medical librarians and institutions with their purchasing decisions. Resources are reviewed

Effective Date: 02/01/2022 Page 3 of 4 by medical librarians and content specialists. Recommendations/support of authoritative medical organizations such as the American Psychiatric Association, impact factors and other bibliometric data.

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

The company, American Psychiatric Association (APA) was contacted by a VA contract specialist, via email, on March 11, 2024. The purpose of the email was to inquire about information regarding authorized SDVOSB and VOSB resellers. APA responded that while they do work with subscription agencies, APA is not able to offer a reseller agreement for this requirement because it is a multisite group order that is very complex and needs to go directly thorough APA.

The contract specialist requested additional information from APA to demonstrate that the company is not able to offer a reseller subcontract arrangement for the PsychiatryOnline subscription. APA provided an explanation as to why the company is unable to offer a reseller subcontract arrangement for this requirement in a letter dated May 12, 2024.

VetCert was completed on March 11, 2024, utilizing NAICS code 519290.

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

Fair and Reasonable:

The contracting officer will obtain published pricing, pricing awarded on other contracts, and compare pricing to Independent Government Cost Estimate (IGCE).

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

The contracting officer contacted the publisher/contractor American Psychiatric Association (APA) on March 11, 2024, to determine if they have authorized resellers of the Clinical Mental Health Subscription. The contractor confirmed that they are the only seller of this subscription that will meet the needs of VA. As mentioned above, APA submitted a letter to explain that for PsychiatryOnline, APA is not able to offer a reseller subcontract arrangement for a subscription like that of the VA VHA which includes multisite license access and substantial servicing by APA.

This subscription is published only by the American Psychiatric Association (APA).

The results of the above market research shows that American Psychiatric Association (APA), is interested, authorized, and capable of providing the subscription services described above. The VA Rule of Two has not been met because the contracting officer does not have a reasonable expectation that two or more SDVOSBs or VOSBs can provide these services.

Effective Date: 02/01/2022 Page 4 of 4

SAM was utilized to ensure American Psychiatric Association (APA) does not currently have any active exclusions.

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

None

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

American Psychological Association (APA)

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:

VA will continue to perform market research in attempts to find other sources soliciting new awards for the same or similar future acquisitions of the services being acquired.

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.