JA Other Than Full and Open Competition_Redacted.pdf

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

Acquisition Title:

Agency:

Acquisition Year (FY):

Author and Title:

2. Description of Action:

Nature: New Requirement Follow-on Requirement

Modification to Existing Purchase Order/Contract Number:

Pricing: Firm-Fixed Price Time & Materials Cost

Other:

Funds: OMA Other Funds:

Name of Proposed Contractor(s):

Street Address:

City, State, Zip:

3. Description of Services or Supplies:

Basis for Approval (FAR 6.303-1(d)): Individual Basis Class Basis

The total estimated value of the proposed action, including all options is $

4. Authority and Rationale: Identify the statutory authority, FAR title and FAR citation permitting other than full and open competition. It may be one of the following most commonly used citations by the operating divisions of the Department of Health and Human Services (HHS), but other exceptions may apply per FAR Subpart 6.3.

Actions other than simplified acquisition procedures (select only one and provide an explanation):

FAR 6.302-1: Only one responsible source and no other supplies or services will satisfy agency requirements, 41 U.S.C. 3304(a)(1)

FAR 6.302-2: Unusual and compelling urgency, 41 U.S.C. 3304(a)(2)

FAR 6.302-5: Authorized or Required by Statute, 41 U.S.C. 3304(a)(5)

Other (See FAR Subpart 6.3 for additional authority):

5. Agency Actions to Take or Remove Barriers That Led to Other Than Full and Open Competition (If applicable):

6. Bridge Contracts:

7. Actions to Increase Competition:

8. Market Research:

Was action competed? Yes No

If action was not competed, state the cited authority, summarize rationale, and describe the actions that were supposed to be taken to increase competition and the results thereof:

10. Additional Information to support the justification

11. Technical / Requirements Certification: By my signature below, I certify that the supporting data under my review which is included in this J&A is accurate and complete.

Program Manager

Name:

Position Title:

Email address:

Phone:

Program Manager Supervisor (or one level above Program Manager)

Name:

Position Title:

Email address:

Signature

Date:

9. Procurement History

Purchase order or contract number:

12. Fair and Reasonable Price/Cost Determination: As Contracting Officer, by my signature below, I hereby determine that the anticipated price/cost to the Government for this contract action will be fair and reasonable.

13. Contracting Officer's Approval (Required for proposed contract not to exceed $700,000 (value calculated including all options)): I hereby certify that this justification is accurate and complete to the best of my knowledge. I approve this sole source justification subject to availability of funds, and provided that the services and supplies herein described have otherwise been authorized for acquisition.

Name: Phone:

Signature: Date:

14. Legal Review

15. OPDIV Competition Advocate Approval (Required for proposed contract over $700,000 but not exceeding $13.5 million (value calculated including all options)):

Name: Phone:

Signature: Date:

16. Office of Small and Disadvantaged Business Utilization Review: (Required for contracts exceeding $68 million ((value calculated including all options)).

Name: Phone:

Signature: Date:

17. OPDIV HCA Approval (Required for proposed contract over $13.5 million but not exceeding $68 million (value calculated including all options)):

Name: Phone:

Signature: Date:

18. Department Competition Advocate (Required for contracts exceeding $68 million (value calculated including all options):

Name: Phone:

Signature: Date:

Concur: Non-Concur:

Concur: Non-Concur:

Name: Phone:

Signature: Date:

19. HHS Senior Procurement Executive (SPE) Approval

Based on the foregoing justification, I hereby approve other than full and open competition for the above stated procurement, subject to the availability of funds and provided that the services herein described have otherwise been authorized for acquisition.

State supplies/services being procured:

State the full statutory authority and FAR cite and title, consistent with paragraph 4, e.g. 41 U.S.C. 3304:

HHS Senior Procurement Executive (SPE) Approval

The Department of Health and Human Services and HRSA are responsible for programs and policies to assure access to health care services, including an adequate supply of health professionals. Enhanced data and information on the physician workforce is critical to this effort. HRSA/NCHWA is acquiring data from various organizations and professional associations that collect workforce data to estimate current national and state supply as well as to track trends over time. It is critical for supply and demand projection models, examining migration patterns, for identification of shortage areas, identifying workforce trends, and for the BHW Area Health Resource Files.

HRSA intends to use the 2023 American Medical Association – Physicians Professional Data (AMA-PPD) for the following purposes:

A. Healthcare shortage area designation processes (including Health Professional Shortage Areas and Medically Underserved Areas) for up to 20 years following purchase;

B. To produce aggregated data for reporting systems and geographic information systems that profile state, county, and other geographic areas including, but not limited to, the Area Health Resources Files, Primary Care Service Areas, State Profiles, and Community Health Status Indicators for up to 20 years following purchase;

C. Research and policy analyses conducted by a One-Time User using the aggregated data created pursuant to subsection B. for up to 20 years following purchase. HRSA will develop a data use agreement with all Agencies/Offices receiving the data under this contract so they understand and abide by the obligations agreed upon in the data license agreement for the AMA-PPD data and data derived from AMA-PPD data; and

D. Longitudinal analyses of factors such as migration, specialty changes, and retirement that require access to multiple years of AMA-PPD data for up to ten (20) years following purchase.

As the major membership organization for physicians, the AMA is in a unique position to compile and assure the completeness of this data. As well, this data is proprietary data of the AMA, and Medical Marketing Service, Inc. (MMS) is the sole supplier authorized by the AMA to market the Physician Masterfile.

FAR Subpart 5.2.

-Comparison of proposed prices to historical prices paid, whether by the Government or other than the Government, for the same or similar items.

-Comparison of proposed prices with Independent Government cost estimates.

-Comparison of proposed prices with prices obtained through market research for the same or similar items.