P03 - POC DENTAL BN JA FINAL_Redacted.pdf

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 2: Request for Sole Source Justification Format >SAT

OFOC SOP Revision 10 Page 1 of 4 Original Date: 03/22/11 Revision 10 Date: 09/10/2020

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C776 20 AP 1395

1. Contracting Activity:

Department of Veterans Affairs Program Contracting Activity Central (PCAC) 6150 Oak Tree Blvd., Suite 300 Independence,OH 44131

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

The proposed action is for the Lexicomp database subscription for one year base, firm fixed price (FFP) effort for a brand name dental database subscription called Lexi Comp Online for Dentistry Subscription. Wolters Kluwer currently sells this database subscription and has authorized resellers.

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

This subscription contains access to clinical textbooks for point of care dental services. This product will fill the need for specifically compiled and designed information for all dental professionals requiring quick access to concise drug information, handbooks, clinical guideline, current awareness service, and multi platform access. Clinical modules also contain information for patient education, med calculations, tablet and capsule identification, and drug alerts for harmful effects of information that could influence treatment decisions.

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).

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

The Library Network Office research available products for point of care dental service and found this well rounded and complete product that encompassed the needs we listed as necessary.

Although there are well rounded products in clinical medicine for medical physicians, this is the only resource we located that matches the needs of the VA Dentists. The information is proprietary and contributed to by recognized experts in the field of dentistry. In consultation with Dr. Timothy Ward, Assistant Under secretary for Health for Dentistry, he approved of our selection for relevancy and appropriateness for the VA dentists current and ongoing needs.

The Library Network Office did research and found this proprietary information subscription was the only source that met our needs for a dental product currently available in the market. This research

OFOC SOP Revision 10 Page 2 of 4 Original Date: 03/22/11 Revision 10 Date: 09/10/2020 is conducted continuously throughout the year by the LNO. Suggestions from medical center staff, librarians and program office officials are received on a routine basis. This interdisciplinary group makes recommendations as to what will and what will not be provided nationally to all clinicals and program teams as part of the dental database subscription collection.

Accordingly, Lexi Comp is the only known product capable of fullfilling the supplies and services described in Section III above without the Veteran’s Health Administration experiencing substantial duplication of cost that could not be expected to be recovered through competition and unacceptable delays in fulfilling its requirements.

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

This requirement is being solicited as full and open and will be competed to the maximum extent practicable.

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

Competition is expected and will establish price reasonableness. The Contracting Officer will determine the prices to be fair and reasonable prior to award.

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

Per the Department of Veterans Affairs Acquisition Regulation (VAAR) 810.002 and Veterans First Contracting Program (VCP 2016) deviation, the Vendor Information Page (VIP.gov) was queried on February 12, 2020, to locate verified SDVOSB and VOSB concerns utilizing the NAICS code 519130.

The search resulted in a list of 212 organizations (Attachment 1 – VIP NAICS 519130). A request for information (RFI) 36C77620Q0051 for the Point of Care Dental Subscription under NAICS 519130 was posted to Contract Opportunities on February 12,2020.

The RFI asked interested respondents to provide an existing commercial off the shelf web based clinical point of care (POC) dental healthcare knowledge product that will be made available throughout the VHA healthcare system.

An email blast was sent to the 212 VIP query matches with the RFI posting information to further maximize competition (Attachment 2 – VIP Email Blast). The RFI was amended on February 21, 2020.

This amendment changed the NAICS in the RFI to 511120 (Periodical Publishers) due to receiving zero responses under NAICS 519130 and extended the date for responses until February 26, 2020.

Further NAICS 511120 is also the NAICS used for the previous procuremement.

The Vendor Information Page (VIP.gov) was queried on February 21, 2020, utilizing NAICS 511120, resulting in a list of 43 organizations, subsequently an email blast was sent to those 43 organizations listed for NAICS 511120 with the RFI posting information.

Wolters Kluwer was contacted to provide a list of authorized resellers of the Lexicomp dental database. Wolters Kluwer responded with a total of three (3) authorized resellers. The first two (2) resellers provided were SDVOSBs; KPaul & Nationwide Pharmaceutical, and the third is Cox

OFOC SOP Revision 10 Page 3 of 4 Original Date: 03/22/11 Revision 10 Date: 09/10/2020

Subscriptions. The contracting officer telephoned KPaul and Nationwide Pharmaceutical on Aug 19, 2020, and both businesses expressed interest.

Market Research Findings: There were four (4) total responses to Request for Information (RFI) #36C77620Q0051. The RFI respondent’s technical capabilities were reviewed by program manager, TomWaugh. The four (4) respondents were reviewed in their capacity to provide a commercial dental database subscription. Mr. Waugh determined that of the four (4) respondents, only two (2) are capable of providing the Point of Care Dental Subscription. The incumbent, Wolters Kluwer Drug Information, Inc. and Cox Subscriptions, Inc. DigiCyber, LLC; a service disabled veteran owned small business (SDVOSB) was determined to not be technically capable because they do not offer a dental database subscription. The fourth respondent, Novelli Software, Inc.; a small business, was also determined by Mr. Waugh to not be technically capable as they do not offer the Lexicomp dental database subscription.

There were four (4) total SDVOSBs that have expressed interest in fulfilling the requirement.

Digicyber and Novellli Software were determined to not be reasonably capable due to not being able to provide the subscription. For the remaining two (2) SDVOSBs, which are authorized resellers of Lexicomp, if the acquisition is set aside for SDVOSB concerns, the SDVOSBs would not able to comply with the limitations on subcontracting in accordance with FAR 52.219 27; therefore, if the procurement was set aside for SDVOSB concerns, the Contracting Office does not have the reasonable expectation of receiving offerors that would comply with the terms of the solicitation.

Accordingly, Wolters Kluwer (other than small business), Cox Subscriptions INC (small business), and EBSCO (other than small business), KPaul (SDVOSB), and Nationwide Pharmaceutical (SDVOSB) are the only known firms capable of providing the subscription services described above if the solicitation is released as full and open. Thus, in an effort to compete the solicitation to the maximum extent practicable, the solicitation will be published as full and open.

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:

Wolters Kluwer Clinical Drug Information KPaul International Nationwide Pharmaceutical Cox Subscriptions Novelli Software DigiCyber, LLC

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 before exercising options and 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, OFOC SOP Revision 10 Page 4 of 4 Original Date: 03/22/11 Revision 10 Date: 09/10/2020 which are included in the justification, are accurate and complete to the best of my knowledge and belief.

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.