A13- Sole Source Justification_Redacted.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 Acquisition Services 4770 Buford Highway Atlanta, GA 30341

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) Renewal of CME Case Activity using “test and teach” methodology to improve provider knowledge of West Nile virus; 2) relevant promotion of the materials.

b. Procurement Request (PR) Number (if available): 85956

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

a. Proposed Vendor: WebMD Health Corp, Medscape Education, 283-299 Market Street, Newark, NJ 07102-5009

b. Estimated Procurement Amount:

3. Is the requirement on GSA Schedule? Yes No

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

Rev. 5/14/19

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?

WedMD Health Corp (Medscape) is the leading online destination for Continuing Medical Education (CME). Medscape Education has the tools, resources, and experience for maintaining and promoting CME’s like this Test and Teach Case Activity CME. Medscape Education has a large following and a credible name to provide CME’s to the vast audience we want to reach with relevant information on the West Nile Virus. Additionally, Medscape Education products are available on a GSA schedule.

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

Other companies were initially considered for development of this CME under the OADC Blanket Purchase Agreement for communications contracts. However, these vendors did not have the existing activities and audience following needed for the West Nile Virus CE materials. As such, Medscape Education was selected to develop this CME, which has been hosted on their website since 2022. The current acquisition request represents a renewal of this Medscape module. If other vendors

Rev. 5/14/19 were used, it would require the development of a new module. In addition, activities from other vendors are not on the GSA schedule.

3. Program Office efforts to seek potential offerors:

Medscape Education was the only vendor capable of developing and launching this type of continuing education program with a Linked Learner Assessment targeted to physicians and nurses with continuing education accreditation. As such, Medscape Education is the only vendor capable of continuing to host this module as part of this renewal.

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: Click here to enter text.

Center/Institute/Office COR/Program Official Signature:

Certification Date: June 4, 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: Click here to enter text.

Contracting Officer Signature:

Certification Date: Click here to enter a date.

Michael J. Huston - S

Digitally signed by Michael J.

Huston -S Date: 2024.06.04 13:47:47 -06'00'

Sheena R. Delaine -S Digitally signed by Sheena R.

Delaine -S Date: 2024.06.05 09:59:54 -04'00'