Redacted JA.pdf

Part 806.3 Other Than Full and Open Competition (OFOC)

Attachment 7: Request for Sole Source Justification Format >SAT

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A)

For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C776-23-AP-0122

1. Contracting Activity:

Department of Veterans Affairs

Program Contracting Activity Central (PCAC)

6100 Oak Tree Blvd., Suite 490

Independence, OH 44131

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

Request is for approval to use other than full and open competition (Sole Source) to award firm fixed price contract to Wolters Kluwer doing business under OVID TECHNOLOGIES INC. (0KWCl).The

Department of Veterans Health Administration (VHA), VA Library Network (VALNET), intends to purchase a commercial off-the-shelf web based as they continue to require VA enterprise wide for electronic access to the web-based version of the New England Journal of Medicines

(NEJM)/Catalyst Journal Subscriptions 24 hours a day, 7 days a week. It has full-text, and a collection of electronic journals and will be made available throughout the VA healthcare system.

Here are the links that must be provided, found at https://www.nejm.org/medical-index and https://catalyst.nejm.org/ This is an annual subscription in which the period of performance is

December 31, 2022 through December 31, 2023 plus three one year option periods.

VHA's goal is to ensure uniform availability to a subscription-based collection of high quality, clinical, full-text electronic journals across the VA system to improve clinical decision making at the point of care.

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

Description of Services: The U.S. Department of Veterans Affairs (VA), Veterans Health

Administration (VHA), VA Library Network (VALNET), requires a a commercial off-the-shelf web based New England Journal of Medicines (NEJM)/Catalyst Journal Subscriptions and will be made available throughout the VA healthcare system. It is estimated that this web based service receives

500,000 hits annually from the VA.

Veterans Health Administration (VHA) medical center libraries, Central Office staff, and the staff at the all VA Medical Centers (VAMCs), Community Based Outpatient Clinics (CBOCs), and other affiliated programs and offices continue to require continued access to the web-based version of the New England Journal (NEJM) 24 hours a day, 7 days a week.

The New England Journal of Medicine, often cited as the one of the world's premier medical journal by newspapers such as the Washington Post, is used heavily by VA librarians, clinicians, researchers, Rev: 13

Effective Date: 02/01/22 Page 1 of 4 and educators. Currently, we provide desk top web-based access to their users through the VA's enterprise license that was initiated for calendar year 2004. Access to NEJM is currently available not only in VA Libraries, but also atVHA employees' desktops and in some medical centers at clinical work stations or through the CPRS tool bar.

Renewing this enterprise license will continue the existing cost savings and provision of universal, web-based access to this valuable resource throughout the VA healthcare system.

Estimated Dollar Value: $158,404.00 (Base Year), Total w/ Option Years= $633,616.00

Period of Performance:

- 12/31/2022 through 12/30/2023 (Base Year)

- 12/31/2023 through 12/30/2024 OY-1

- 12/31/2024 through 12/30/2025 OY-2

- 12/31/2025 through 12/30/2026 OY-3

4. Statutory Authority Permitting Other than Full and Open Competition:

( X ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy

Agency Requirements per 41 USC §3304(a)(l) as implemented by FAR 6.302-1;

( ) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.302-3;

( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302-4

( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR 6.302-5;

( ) (6) National Security per 41 USC §3304(a)(6) as implemented by FAR 6.302-6;

( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by FAR 6.302-7;

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 web-based version of New England Journal of Medicine is unique, providing the following:

• Unlimited enterprise-wide access with no geographic or concurrent user limitations

• Content in both HTML and PDF formats

• Early release of articles that impact public health

• Access to online-only supplements and images

• Full-text archive back to 1993 and abstracts back to 1975

• Permission for libraries to fulfill interlibrary loan requests electronically

• Detailed usage reports

• Customized MEDLINE search functionality

• Table of contents alerts with links to full text

• The ability to use institutional branding on NEJM on line and PDF downloads

Since the beginning of the enterprise license in January 2004, links to this resource have been added to VA library and/or VISN websites and to the CPRS tool bar in many VAMCs. These access points have made much easier for clinicians to use NEJM at the point of care.

Rev:13

Effective Date: 02/01/22 Page 2 of 4

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

Market research was conducted, this effort did not yield any additional sources that can meet the

Government's requirements.

Per the Department of Veteran Affairs Acquisition Regulation (VAAR) Sections 810.001-70 &

810.002, The Vendor Information Pages (VIP) was queried on 19 October 2022 utilizing NAICS

519130 to search for capable, verified Service-Disabled Veteran-Owned Small Business (SDVOSB) &

Veteran-Owned Small Business (VOSB) concerns. The VIP search produced approximately 206 results.

Contract Specialist reached out to Amanda Arsenault at Wolters Kluwer on 14 December 2022 to confirm if they are the only known publisher and seller of the New England Journal of Medicine to which she confirmed on the same day.

SAM was queried on 14 December 2022 to ensure that Wolters Kluwer doing business under OVID

TECHNOLOGIES INC. (0KWCl) had no active exclusion records.

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

Reasonable:

The Contracting Officer will determine the price of the awardee to be fair and reasonable prior to award by reviewing the price of similar acquisitions and by comparison to the Independent

Government Cost estimate

8. Description of the Market Research Conducted and the Results. or a Statement of the Reasons

Market Research Was Not Conducted:

"As described in Section 6 above, market research, in accordance with FAR Part 10, was conducted by synopsis of the proposed acquisition, advising industry of the pending acquisition and soliciting inquiries from interested parties."

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

N/A

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

N/A

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:

Market research will continue to be conducted assuring that no other organization can meet the needs of the VA. Additionally the notice required by FAR 5.201 will be posted on SAM.gov.

Effective Date: 02/01/22 Page 3 of 4

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.

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

Date

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.

Date

b. One Level Above the Contracting Officer: I certify the justification meets requirements for other than full and open competition.

Effective Date: 02/01/22

Date