5066_-_J A_Redactions_Legal_Opinion_for_RM_Bridge_Contract.pdf

Justification and Approval (J&A) for Other Than Full and Open Competition l'JOT.g: If a J11Hdiw1;cm cmd Approvaf was approved for rh<' preceding ocqw~1fion,, a copy of the ap{XO!VW J&A for rhe prede{esmr action I m1.m be lne:Juded m the staff package for approval of tile mmmt J&A !tm applies to J&A staff packages that are wbmitred for review l end approval at a level above rtre c ontractfng officer, The predecessa J&A wrlf be med as o reference document by the approving official. j

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Purchase R&ques:t I local 10 Number.

Program I Project {and PE, if app!k<ibleh ReforrJl Management Services Contrach

Program Type {PED or Other Contracting):

h f

. 10USC2304(c).asimplernentedbyFAR6J02·1,0nly0neoralimitt>dNurnberofResponsible Aut or ty (•n<: ude 1.1

1 tit ei: Sources and No Other Supplies or Servin.:>s Will Satisfy Agency Reqwrement s.

Estimated Contract Cost Hnduding options): J&A Type: (0 Class { Individual

4/i t --l APPROVAL :AHAR~ 5H:l6 304L'lll

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Justification and Approval (J&A) for Other Than Fun and Open Competition

I. Contracting Activity.

OfPARTMfNTOF THE AIR >:(>RG

AFIO 7 7 ESSIPK

351 SS. Genera! McMullen. StP 100 S;m Antonio. TX 78226-1865

II. Nature andlor d~scriptlon of the action being precessed.

The purpo~e uf thl:. Ctass J&A Is to gainappronil to useothenhan full i!nd open compei\ion orocedures to award three {3) separate soil' sourc& br·dg& nH•~' .;,c1~ for R.eferrat Managem!"nt ':>ervicei {RMS!. RMS for 54 Mllitarv ; 'eatment Facilitie$

'i w -wide arc cunentty being perfonn<:cl under conw1cts FA 7014· l l ·C·UO 1 O (Feder a! Staffing Resources;

f:,l\ 70T 4- ! 1-C-00 l l llnnovatlve Healthrnre;-nd f AOOB-1 HJ-0042-RVO l \GTW Consultants:

A previous Oas> JE,A was approved \22 Sap l 4} to authorize <m !:Xten~on of the period of perfotrnam;c for the current contracts from 27Jan15 to 27 Jul 15, utili1ing theOr.HkmtoExtern:l SE:rvkes{FAR 52.2178). While al!three (3) contracts havf' the sam<' scope of work, the number of Full· Time Eqmvaients IFTEs) differs at the mvltiple MTr locations. fhe r..ummt :ontiacts were t.ompetitive!y awarded and aH three effons 1-111! expire 27 Ju! 15

This ;&Ai$ 1eque;w1g .ipproval lo issued nine !9i month bridge contract to each of the incumbent ::.omracttHs horn 28 Jul l S to 21 Apr 16. The nine t9} month extension will cono'<;t of ,1 si»: (6' month basei period and one ( l ! 3-month option period.

The initi;;it rni1e:>t.one schedule !or the !\MS follow-on acquisition was baH!d on re<:eip! of however, the While beneficial to corTipNiticn. it required additional time on the part of the evah1ation t&<1m for review and has caused the schedule to shift to the riqht The es!limted award date 1AW our ml!e!itom;s is 28 Jan Hi The additionaf thr&t.< !3) monl h option µenod lf needed wi!! <1!!ow for continu&rl rvfrrral m;magerrumt servit&~ p€•nding .wvard of the follow on acqvi~Jtion, 11!> discussed in Section IX ol this J&A.

Ill. Description of suppliesfservic:es required to ~et agency nHds.

-i,r:· Contrn<trn shall suppol! the Air Force Medloll 'Service !AFMSi mission to stall ;md manage Referral Management Centers IHM(.sl at the M'fl'.s, ser.·im; as the one·stoµ shop tor all referrals, from the iriitiatmn ot the referral until results are received.

nw m.AC wrve\ a~ the <er11ral (k•Mir.g hou5e fut providers and patient5 needing Information or <1ssistance with relerrals, When specialty care h referrt"d. the RMC is respohsible for .:idvising the patient of their bt't'neflt:>, en~w•ing the referral\':.

d((:urnt e, roordinatinq the referral with tht~ <>neria!ty offce, and retuming <llJ rl'!~ult~ of tHMtment to the patient's nnxli1,,t1I re<:ord, RMS is a crit1<al program within the Department of !)(·.fense {DoDl and the AfMS. supporting the patient centefed mediuil home moclel and optimizing the MTFs' clinical specialty capabilities and expeditionMy mPdicine <tlfri>ncy platforms.

tinder rne tontempl,1led rnntrnns. lhl?' incumbent r:rmtrattor~ will cormnue to provide f<M~from 28 Jvl 15 to 27 Apr 16. Theestimllted price for e<>th 9·month Finn·Flxed Price {Ff?) bridge co1tratt is: ---rA7014· 11· c.00101. FA7014·ll ·C-om lJ, and-FA805~·12-0-(l()42 RVOll. fhe total estimated amount reflected on ti-lb J& ndudes a .. iatinsde; FY IS O&M.

IV. Statutory authOrlty permitting Other than Full and Optn CompEtltion.

10\JSC 2304(()( 1 ), as imp!emer'ltt.\tl by FM 6.302· l {f:AR6 305-2!b!(4)}, Only OM or a Limitoo Number ol Ae.,ponsible Sources and No Oth<n Supplies or Services Will SiJlisfy Agency Requirements,

v. Oemo1utratlon that:the contractor's unique qualifications or nature ofthe acquisition requires the use ofthe authority dted above !applicability of authority}.

in nt>rfornance of reforrili manageml'.'nt services, rhe (01t•1.ctor has access to aH DoD p,1tient care Information wl,ith ii.

sensitiv<~ cmd confidential in n.itwe. Given \he importance plated on protectinq a patie-nrs medirnl information ,md \Nuring medical ft'COrds. ail contractor employ€>€> must be trained in H;;>alth ln~urante Portability and Actountabilily Act 1HIP!l.Al µro~t.<dtmt) <1nc.J me protecrion of PersorrnHy tdentrlii!ble Information (f'!ll. Contractor Penonnel must have :he requiH:d security clearance~ and ttaining tu en~we the tedu11ti:li and mi?dical privKy data used within the scope of the contract adheres to th(• security ,Jnd privacy requirements irnposed by the Government, DoD. and the Air Force. Ttw irn::umben! roritractors have tl'le required security d;&aranas. traming, and ccrtihc.1tions to handle ,11'd protec ali data lo

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<1!iow for uninterrupted servkl'.'s., following the expiration of the current contracts.

The RMS program relies upon a complel< web of regulation and policy. Personnel are required to be trained on muJt1ple DoD systems such as the Composite Health Care System (CHCS), the Armed Forces Health Longitudinal

Technology Application fAHLTA), the Healthcare Artifact and Imaging Management Solution (HAIMS), and the Referral Management System (RMS). fhe Government believes that award to any other source would result in an unacceptable delay in fuHlHing the Air Force's requirements.

The amount of time required for a r\ew contractor to attain personnel with !he proper <Secunty clearances required to perform the5e services rnuld take ilpproximately two (2l months; 11lthough the Office of PersoMel Management (OPMJ has up m 120 days!- 4 months) to t'.omplete an investigation. A fouHnonth turnaround for security dearam:es would couse i::onsidNable delay to the RMS program and would adversely affect patient reforrals. The RMC is a critic al program within the OoD and the AFMS and is one of the tenants of Access to Care. Award to any other so~m.:e would result m deldy of specialized medical treatment. adversely affe!'.I ing medical care to patients.

Accordingly, the incumbent contractors are the only firms capable of providing the services des.cr!bed in Section Ill above, without the AFMS experi .. ndng an unacceptable delay in fulfilling its requirements.

Vl. Description of efforts made to ensure that offers are soficited from as many potential sources as practicable.

A synopsis of the Govemmenrs intent to pursue an exception to full and open competition for the bridge contracts discussed within this J&A was posted to Federal Business Opportunities (FBO, www.fbo.gov) on 1 l May 15, requiring that interested companies re tum capability statements no later than 26 May 1 S. One question was received requesting the name and contract number<, of the incumbent cont«Ktors. however. no other responses or rnpability statements were re<eived

Whlle no market research was performed in support of tlw requested bridge contracts, multiple market research efforts were pursued for the RMS follow·on acquisition, to include: three (3) Requests for Information (RFI) and a draft Request for Proposal {RFP) that were posted to FBO. Solicitation FAS052· 14·R·O<l 13 for the foUow·on requirement was posted ro FBO on 24 Nov 14. The Government is c:ummtly involved in th;: source seft'<'.lion process and intends to award a multip1fhlw.:ird lndefinit!" Delivery !ndelimte Quantity HDfQ) c:ontrac! in support of the RMS foflow·on effort iry,.H'}TI\ fYl6.

2 ar .t. Fr k_., U-1$

Vil. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

lhe Contracting Officer has determined the anticipated cost to the Government to be fair and reasonable.

VIII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

As described in Sectron v1 above, market research, in accordance with FAR Part 10 was conducted by synopsis of the proposed atqv•srtion, advising: industry of the pending acquis!tltm ;md sohdting mquiries from imeres:tect parties.

IX. Any other facts supporting the use of Other Than Full and Open Competition.

The Government is wrrently pursulng a competitive follow· on contrnct for RMS. Solicitation FA8052· l 4-R-00 l 3 for the follow"cin requlrerm>nt was rrosted to FSO on 24 No11 14; the Government intends to award a multiple-award fDIO contract in support of the RMS follow·on acquisition. The use ol a six {6) month base period wilh one n) three-month ~pt ion period will enable the Government to transition the work to the new competitively awarded contracts as soon as prat!Kable.

Disruption to these services will lead to mission stoppage, patient dissatisfaction and/or patient harm if referrals to health care specialists are not made in an expeditious and accurate manner. If approval for the bridge contracts is not given, there will be a significant impact on the RMS services provided, which in tum could lead to potential loss of life due to the unavaifabiii;y Qf speciaiiz0d medical care.

Justification and Approval {J&A} for Other Than Full and Open Competition

X. list of sources, if any, that expressed interest in the acquisition.

'-Pe Senion VI Above

XI. A statement M the actions, if any, the agency may take to remove or overcome any baTtiers to competition before making subsequent acquisitions for the supplies or services required.

fhe Government is currently pursuing a rnmpetillve follow-on contract for RMS. Solid tat loo FA8052-14-R-OO 13 for the follcw•-on requirement was po<;ted to FBO on 24 Nov 14 .. The G,;vemment has r&ceived adequate compl'tition.

XII. Certification by the Contracting Officer.

As evidenced by my sigMture ,1bove. I have dt>termined thls document 10 be both accurate and complete to the bC'St of rny knowledge and belief, XIII. Certification by the technical/requirements personnel.

A!. evrdem:ed by my \owl signaturt:ois) above.! \we) ce<tify that any supporting data contained hereiri, whkh is rny (our} responsibility, is both accurate and complete.

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