UpToDate Subscription Renewal - 12/1/2016 - 5/31/2017

Chapter VI: Other Than Full and Open Competition (OFOC) SOP

Attachment 3: Request for Sole Source Justification Format >$150K



OFOC SOP Revision 05 Page 2 of 2

Original Date: 03/22/11

Revision 05 Date: 05/02/2016

DEPARTMENT OF VETERANS AFFAIRS



Justification and Approval (J&A)

For

Other Than Full and Open Competition (>$150K)



Acquisition Plan Action ID: VA250-17-AP-2164



Contracting Activity: Department of Veterans Affairs, VISN 10, Ann Arbor VA Healthcare System, 2215 Fuller Road, Ann Arbor, MI 48105. The 2237 number is 506-17-1-050-0006.



Nature and/or Description of the Action Being Processed: This is a request for a firm fixed price contract to Wolters Kluwer/UpToDate, Inc (95 Sawyer Road, Suite 120, Waltham, MA 20453; 888-550-4788) for a six month subscription renewal of the UpToDate Clinical Information Database used by clinicians in all former VISN 11 (now VISN 10) facilities. The subscription period runs December 1, 2016 May 31, 2017. The estimated cost to the Government for these services is $159,086.00



Description of Supplies/Services Required to Meet the Agency s Needs: UpToDate is an evidence- based, physician-authored clinical decision support resource in which clinicians use to make the right point-of-care decisions.



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 FAR 6.302-1;

( ) (2) Unusual and Compelling Urgency per FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability

or Expert Services per FAR 6.302-3;

( ) (4) International Agreement per FAR 6.302-4

( ) (5) Authorized or Required by Statute FAR 6.302-5;

( ) (6) National Security per FAR 6.302-6;

( ) (7) Public Interest per FAR 6.302-7;



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).



Demonstration that the Contractor s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): Wolters Kluwer Health is the sole proprietor of and holds the copyright to UpToDate content. All content in UpToDate is original, copyrighted information and based on comprehensive synthesis of the available medical evidence. UpToDate cannot be accessed without a license obtained directly from Wolters Kluwer. UpToDate does not utilize third party distributors or vendors.



Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: A new contract for all of the facilities in VISN 10 (Michigan, Indiana, and Ohio) is in process with an anticipated start date of June 1, 2017. Therefore, a six month contract from December 1, 2016 May 31, 2017 is needed to allow for the new contract to be put in place. Due to this reason and the fact that Wolters Kluwer Health is the sole proprietor of and holds the copyright to UpToDate content, other sources are not available at this time.



Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable: The anticipated cost to the Government is fair and reasonable. A six month contract is also required for the Ohio facilities in VISN 10, and the estimated cost for those facilities is $108,576.00. The lower figure is due to a lower need by four Ohio facilities (Chillicothe VA Medical Center, Chillicothe, OH; Dayton VA Medical Center, Dayton, OH; Cincinnati VA Medical Center, Cincinnati, OH; and the Louis Stokes Cleveland VA Medical Center, Cleveland, Ohio). The four Ohio facilities will require 733 clinicians to require access to the database. In the seven former VISN 11 facilities (Ann Arbor VA Healthcare System, Ann Arbor, Michigan; John D. Dingell VA Medical Center, Detroit, Michigan; Aleda E. Lutz VA Medical Center, Saginaw, Michigan; VA Northern Indiana Health Care System; Fort Wayne and Marion, Indiana; Richard L. Roudebush VA Medical Center, Indianapolis, Indiana; Battle Creek VA Medical Center, Battle Creek, Michigan; and the VA Illiana Healthcare System; Danville, Illinois), a total of 1,074 clinicians will require access to the database. Please see eCMS briefcase for estimated cost to the Government for the Ohio facilities.



Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: An internet search was conducted to confirm that Wolters Kluwer Health is the sole proprietor and copyright holder of UpToDate content.



Any Other Facts Supporting the Use of Other than Full and Open Competition: None



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



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: Research and review of other sources of clinical information will be conducted prior to any future renewals to affirm the source of the service and ensure full competition.



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.



S/signatures on file