5.1.1 P00015 LSJ - Urgent and Compellng for BHS thru 12-31-23 - Final-ml-jj-tb.pdf

FAR 8.405-6 (d)(2) Limited Sources Justification (LSJ)

Behavioral Health Services

LSJ # 24-005

This acquisition is conducted under the authority of the Multiple-Award Schedule Program, 41 U.S.C. 152(3), Competitive Procedures, and 40 U.S.C. 501, Services for Executive Agencies.

1. Agency and Contracting Activity. Identification of the agency, contracting activity, and -Sources

The Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), Office of the Chief Component Procurement Officer (OCCPO), proposes to extend an interim Blanket Purchase Agreement (BPA) pursuant to FAR 8.405-6(A), Limiting Sources, for Behavioral Health Services because an urgent and compelling need still exists.

2. Nature and/or description of the action being approved. Describe the action being approved and include the name and address of the proposed contractor(s).

DHS/FEMA/OCCPO intends to limit the number of sources solicited pursuant to FAR 8.405-6(a)(1)(i)(A) for the procurement of Behavioral Health Services in support of FEMA personnel at FEMA fixed (non-disaster) locations and disaster locations to Proposed Contractor: Armed Forces Services Corporation (Magellan Federal), 2800 Shirlington Road, Suite 350, Arlington VA 22206-3601.

3. Description of Supplies/Services. Describe the supplies or services to be acquired.

Provide the estimated total value (including options, if any).

FEMA, Office of the Chief Administrative Office (OCAO), Environmental Safety and Health Office (ESH) requires contractor support to help develop and maintain the broadest behavioral services possible for federal managers and their employees. The Contractor shall work in a partnership with FEMA Headquarters to support managers and workers alike to customizing programs to help build a healthier and more productive federal workforce as well as a safer workplace for employees. To meet this need, FEMA requires Behavioral Health oversight; Behavioral Health Service protocols; preventative and routine screenings; and assessment risk appraisals. The extended interim BPA will be a hybrid structure consisting of Firm- Fixed Priced and Time and Materials (T&M) contract line items.

The total estimated amount for the interim BPA extension is $1,005,900 The total BPA value including the interim BPA extension is $4,995,900. All orders for fixed locations will use Fiscal Year (FY) 23 Office of Management and Budget (OMB) funding. Call orders for disaster locations will use Disaster Relief Fund (DRF) no-year funds.

Estimated Total Value:

October 1, 2023 through December 31, 2023

Interim Behavioral Health Services $1,005,900

4. Authority and supporting rationale.

This acquisition is being conducted under the authority of the Multiple-Award Schedule Program, 41 U.S.C. 152(3), Competitive Procedures, and 40 U.S.C. 501, Services for Executive Agencies, in accordance with FAR 8.405-6(d), Limiting Sources. The extension of the BPA will be made pursuant to FAR 8.405-6(d)(2), because a continuation of the urgent and compelling need exists.

Behavioral Health services are currently provided for FEMA fixed locations and were previously provided for FEMA disaster locations through an Inter-Agency Agreement (IAA) with the Department of Health and Human Services, Program Support Center, Federal Occupational Health After the IAA ended FEMA awarded an Urgent and Compelling BPA to Armed Forces Services Corporation (Magellan) under FAR Part 8. This BPA was issued under GSA Contract #GS-02F-027BA. The award was issued with a 3-month base and one(1) 3-month option. FEMA has diligently worked on completing a Behavioral Health Services contract and processed several extensions to the BPA to avoid a lapse in coverage, the award and full implementation of services was expected to occur in December 2022.

Office of the Chief Information Officer requirements imposed on Dentrust Dental International, Inc, in the areas of Systems Compliance, Cyber Assessment and Risk Assessment. The protest was filed in December 2022. The GAO decision was issued in March 2023. Corrective action was taken following the GAO decision to re-evaluate the proposals and a new award decision memo was issued by the Agency on July 16, 2023. The award remained with Dentrust Dental.

Date Modification Number

Period of Performance Base or Option Period

03/19/2021 03/19/2021 06/18/2021 Base w/3-mo. Option 06/17/2021 P0001 06/19/2021 09/18/2021 Option 1 (3 mos.)

09/17/2021 P0002 09/18/2021 12/17/2021 Extension 52.217-8 10/22/2021 P0003 Add FAR Clause 12/06/2021 P0004 12/18/2021 03/17/2022 Extension 52.217-8 03/17/2022 P0005 03/18/2022 06/17/2022 *BPA Extended via LSJ 06/14/2022 P0006 06/18/2022 09/30/2022 *BPA Extended via LSJ 09/23/2022 P0007 10/01/2022 12/31/2022 *BPA Extended via LSJ 10/31/2022 P0008 Increase BPA Ceiling 12/15/2022 P0009 Correction to P5,6, & 7 Administrative Mods 12/23/2022 P0010 01/01/2023 03/31/2023 *BPA Extended via LSJ 03/28/2023 P0011 04/01/2023 06/30/2023 *BPA Extended via LSJ 05/03/2023 P0012 Increase BPA Ceiling 05/13/2023 P0013 Effective 5-13-2023 Add Alternate COR 06/29/2023 P0014 07/01/2023 09/30/2023 *BPA Extended via LSJ

P0015 10-01-2023 12/31/2023 BPA Extended via LSJ 09-30-2023

* I n d i c a t e s e x t e n s i o n s v i a L S J

Modification P00009 was processed to correct verbiage and FAR reference for P0005, P00006 and P00007.

The reason for the extension is that the contract contains IT requirements, specifically in the areas of Systems Compliance, Cyber Assessment and Risk Assessment that need to be met and are still being reviewed by FEMA's Office of the Chief Information Officer. The Program Office has requested this extension to ensure there is no lapse in the service(s) provided for the FEMA employees. FEMA continues to have an urgent and compelling need to continue these Behavioral Health services in the interim while allowable time is provided for IT systems approval.

FEMA needs to continue coverage of the interim contract to provide behavioral health services for federal employees at fixed-sites and disaster locations. Section 5(a)(1) of the Occupational Safety and Health Act (OSHA) 29 CFR 1910, requires an employer to furnish to its employees:

that are causing or are likely to cause death or serious physical Providing a Behavioral Health program is a necessary step in ensuring that the FEMA workforce and those places where FEMA sends its employees are free from such recognized hazards. If the Behavioral Health Services interim contract is not extended, there will be a lapse in service and FEMA would not be in compliance with the requirements of OSHA as no coverage of Behavioral Health services could lead to risking the health and safety of FEMA personnel at ates a significant amount of stress and physical exertion upon its work force when dealing with various disasters to include natural disasters (i. e. hurricanes, wildfires, etc.), acts of terrorism, and other man-made disasters. g hours, often up to 16 hours in a workday, travel to unfamiliar locations, and little opportunity to seek care for Behavioral Health treatment.

Often times, the employee will be required to demobilize or go on rotation in order to seek Behavioral Health attention. Removing FEMA personnel from a disaster to seek Behavioral Health treatment will impact disaster operations and the FEMA mission by reducing personnel with potentially no immediate replacement personnel.

As a result, FEMA intends to extend the Behavioral Health Service interim contract with Armed Forces Services Corporation (Magellan Federal), UEI # MFYCXCNW4WL5, based on the urgent and compelling need for this contract. Armed Forces Services Corporation (Magellan Federal) is uniquely positioned to be able to provide continuity of operations with the least impact on operations. In addition, Armed Forces Services Corporation (Magellan Federal), already has an established infrastructure to perform Behavioral Health services. It has the capacity to this contract, it will prevent, to the highest degree possible, a lapse in coverage. Any such lapse in services could impact the Behavioral Health Services that are critical to the safety of employees.

5. Determination by the ordering activity contracting officer that the anticipated order represents the best value consistent with FAR 8.404(d).

The Contracting Officer has determined that extending the interim Behavioral Health Services contract represents the hat FEMA has paid for these services historically. Orders will be placed in accordance with FAR 8.404, negotiated fair and reasonable rates. Discounts to these GSA schedule rates will be requested. Additionally, prior to issuance of orders, the ordering activity will consider the level of effort and the mix of labor proposed to perform the specific task being ordered to determine that the total price is reasonable. The labor mix and level of effort will also be compared to the Independent Government Cost Estimate (IGCE) for each order.

The Contracting Officer will further ensure that the anticipated orders issued from this BPA represents the best value by determining the price as fair and reasonable based on historical prices, an independent government estimate and previously negotiated/competed prices under the BPA.

Additionally, wage determination rates will be used to establish the minimum basis for personnel pay. Because these interim BPA Calls will be structured with firm-fixed price T&M contract line items for services conducted at the disaster sites, labor costs will be reimbursed for actual hours worked and travel costs will be reimbursed for only reasonable, allowable, and allocable costs. These measures will provide FEMA confidence that cost will not substantially increase for this action and will be used to ensure fair and reasonable pricing.

6. A description of the market research conducted among schedule holders and the results, or a statement of the reason market research was not conducted.

Extensive market research for similar service was conducted in August 2022. It is expected that the there is no drastic change with regards to interested vendors as well as pricing for supplies and services. An analysis of the previous market research revealed that there are several vendors capable of providing Behavioral Health Services; however, these sources cannot begin the required services by October 1, 2023, due to the current IT System approvals, security adjudication, transition of workloads to new contractors, implementing privacy processes, and the procurement acquisition lead time for the new awards.

7. Any other facts supporting the limited-sources justification. Additional facts may be stated in this section. If there are no additional facts, you must state that here.

There are no additional facts.

8. A statement of actions, if any, the agency may take to remove or overcome any barriers that led to restricted consideration (i.e., limited sources) before any subsequent acquisition for the supplies or services is made. Include a statement of actions taken or that will be taken to increase competition for future acquisitions of the same item/service (e.g., the government intends to revise overly restrictive technical specifications, acquire data rights, or pursue some other means to increase future competition).

Barriers that prevent this urgent and compelling contract from being competed in normal fashion include the transition period for an outside vendor to establish the infrastructure, as mentioned previously, to handle a contract of this magnitude on a national scale. Armed Forces Services Corporation (Magellan Federal), services have pre-established relationships with Behavioral Health and stress counselors in every location that FEMA operates. They have been providing these services previously through FOH for nearly 20 years. Any other

FAR 8.405-6 (d)(2) Limited Sources Justification (LSJ)

Behavioral Health Services vendor, who would attempt to establish these same types of relationships would require a time frame extending beyond the period of performance in this contract extension request. The Behavioral Health Services requirement has been awarded. The solicitation for the re- compete was publicized on the Government-wide Point of Entry (www.sam.gov) and was based upon full and open competition which ensured solicitation to as many potential sources as possible. DHS/FEMA/OCCPO seeks approval of this Limited Sources Justification in order to extend the BPA with Armed Forces Services Corporation (Magellan Federal), for Behavioral Health Services to prevent a lapse in services while allowing time for approvals of the IT systems.

9. DHS/FEMA intends to post this requirement on SAM.gov pursuant to FAR 8.405-6(a)(2)(i). Yes

10. Technical/Requirements Personnel Certification.

Pursuant to FAR 8.405-6(c)(2)(x), I certify that this requirement meets the minimum need and that the supporting data, which form a basis for the Limited-Sources Justification, are accurate and complete.

Mayra Lopez-de-Victoria Date Technical Representative

11. Contract Officer Certification and Approval *

Pursuant to FAR 8.405-6(c)(2)(ix), I certify that the Limited-Sources Justification is accurate and complete to the best of my knowledge and belief:

Janice F. Joseph Date Contracting Officer

12. Approval

Tyuana Bailey Date Component Competition Advocate