A02 Urgent and Compelling Justification and Approval2_Redacted.pdf

Control No: JA-20-02-0262 Contractor: CNTS

Version – September 2018 FOR OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

FAR 6.302-2 JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

Program/Equipment: Information Management/Information Technology (IM/IT) staff supporting Department of Defense Trauma Registry (DoDTR) for six-month bridge to contract W81XWH-16-C-0224 with Cherokee Nation Technology Solutions

(CNTS).

Authority: 10 U.S.C. 2304(c)(2) as implemented by FAR Part 6.302-2 -- Unusual and Compelling Urgency.

Amount: $424,117.02 - FAR 52.217-8 option

Prepared by: Renee M. Greer DSN: 312-429-0715 Contracting Officer Representative Date: 31 MAR 2020 Email: renee.m.greer.civ@mail.mil

Contracting Officer: Erin J. Maddox DSN: 312-343-2845 Contracting Officer Date: 31 MAR 2020 Email: Erin.j.Maddox.civ@mail.mil

Technical: David R. Daniel DSN: 312-458-0028 Contract Specialist Date: 31 MAR 2020 Email: david.r.daniel27.civ@mail.mil

Requirements: Renee M. Greer DSN: 312-429-0715 Contracting Officer Representative Date: 31 MAR 2020 Email: renee.m.greer.civ@mail.mil

Version – September 2018 FOR OFFICIAL USE ONLY

FAR Part 6 Justification and Approval for Other than Full and Open Competition

1. Contracting Activity: The Contracting Activity responsible for this action is the US Army Medical Research Acquisition Activity (USAMRAA) which is located at 820 Chandler Street, Fort Detrick, Maryland 21702.

2. Description of Action: The Defense Health Agency (DHA) AD Combat Support, Joint Trauma System (JTS) requests a bridge modification using the authority Federal Acquisition Regulation (FAR) 52.217-8 Option to Extend Services on a Firm Fixed Price (FFP) basis, to contract W81XWH-16-C-0224 with Cherokee Nation Technology Solutions (CNTS). The pricing for the six-month extension will be based on the current pricing on option period 3 in accordance with (IAW) FAR 52.217-8. The price of the extension is $70,686.17 per month for a total of $424,117.02; total contract price is $3,336,988.26.

3. Description of Supplies/Services: The DHA-JTS receives IM/IT professional services to support their Department of Defense Trauma Registry (DoDTR). The services include maintenance, updates, and technical data retrieval from the DoDTR.

The NAICS is 541511 – Custom Computer Programming Services using Product Service Code (PSC) D308 – IT and Tele-Com Programming. The Government projects award for March 2020 and fiscal year 2020, Operations and Maintenance, funds will be used.

Additional six-months of services same as base contract to from 1 April 2020 to 30 September 2020.

Base Period: 29 Sep. 2016 to 31 Mar 2017 Value: $ 405,590.28 Option Period 1: 1 Apr 2017 to 31 Mar 2018 Value: $ 823,348.32 Option Period 2: 1 Apr 2018 to 31 Mar 2019 Value: $ 835,698.60 Option Period 3: 1 Apr 2019 to 31 Mar 2020 Value: $ 848,234.04 FAR 52.217-8 option: 1 Apr 2020 to 30 Sept 2020 Value: $ 424,117.02

Total: $ 3,336,988.26

4. Authority Cited: 10 U.S.C. 2304(c)(2), as implemented by FAR 6.302-2, Unusual and compelling urgency.

5. Reason for Authority Cited: The proposed acquisition must be accomplished through other than full and open competition IAW with FAR 6.302-2 Unusual and compelling urgency because failure to extend the existing contract’s period of performance will result in mission failure of the congressionally mandated registry known as DoDTR. IAW FAR 6.304(b)(9)(iii), the harm to the Government extends beyond DHA- JTS, but to other services and congress. Specifically, NDAA Sections 707 and 709 direct use of the Trauma Registry to inform decision making about trauma care; specifically to serve as the reference body for trauma care, establish standards of care for trauma services provided at military medical treatment facilities both in war zones and in garrison, and translation of research into standards of clinical trauma care. All of these

Version – September 2018 FOR OFFICIAL USE ONLY requirements require use of current data pulled from the DoDTR to support many CONUS and OCONUS mission tasks. The maintenance to include security and integrity, management of data storage and database accounts, database development, daily software updates, and technical support provided by CNTS through this award allows the DoDTR to continue the collection of trauma data which allows combatant Commanders to make near real time decisions based on wounding pattern(s), allows material developers critical data on current needs, and assists the Medical Community to train on current injuries which allows the war fighter the best chance of survival. The system requires continuous contractor support and maintenance. Maintaining a fully functional Trauma Registry is directed in the NDAA 2017 congressional actions to bring DHA-JTS up to fully operational status.

If the J&A is not approved, the harm to the Government is substantial to the critical and lifesaving work done by the DHA-JTS which is mandated by Congress under NDAA 2017. Congress mandated urgent work in NDAA 2017 of which progress has been made, and resulting in products delivered to all of the services. The DoDTR is the backbone of the DHA-JTS and without these IM/IT services, the data that serves as the life blood of the DHA-JTS cannot support combat casualty care initiatives at the DHA- JTS or around the world, wherever military members are in harm’s way. New Clinical Practice Guidelines or Tactical Combat Casualty Care Guidelines cannot be updated if no data exists to support improvements or changes to care of our combat wounded.

JRCOM 125-17 will not be operationally implemented. Medical personnel would be less ready and capable to care for combat casualties. Clinicians may make anecdotal decisions, rather than data driven care choices to our wounded warriors. Research using the DoDTR data and its analysis would be delayed. Potentially survivable injured warriors would be lost. The DoDTR and the IM/IT personnel to manage it is a critical element of the JTS mission. Potentially survivable injured warriors would be lost.

(a) Alternatives: Neither DHA-JTS nor the facility host in US Army Institute of Surgical Research (USAISR) have IM/IT expertise in its Government civilian or contractor staff to successfully provide the DoDTR with database administration or senior engineer level activities as required to maintain and update the registry daily.

(b) Address the following as applicable.

1) Full performance of the services provided under W81XWH-16-C-0224 are required to maintain the DoDTR. The extension of services by FAR 52.217-8 would provide six-months of continued services. This time period is required to award a follow-on requirement to be competed and awarded. The follow-on requirement’s supporting documentation has been submitted to USAMRAA and acquisition milestones have been established.

2) Maintaining a fully functional Trauma Registry is directed in the NDAA 2017 congressional actions to bring DHA-JTS up to fully operational status. Specifically, NDAA Sections 707 and 709 direct use of the Trauma Registry to inform decision making about trauma care; specifically to serve as the reference body for trauma care, establish standards of care for trauma services provided at military medical treatment facilities both in war zones and in garrison, and translation of research into standards of

Version – September 2018 FOR OFFICIAL USE ONLY clinical trauma care. All of these requirements require use of current data pulled from the DoDTR.

3) It would be neither cost effective nor realistic to expect another Contractor to perform during the brief interim period. The following items may be come into plan: start-up costs; manning problems including recruitment and associated relocation fees;

continuity of service, transfer and accountability of a large amount of Government Furnished Property; variety and complexity of requirements; preparation of management plans; obtaining appropriate clearances, learning the DoDTR both front end and back end architecture, obtaining required Army computer access courses, etc.

6. Efforts to Obtain Competition: In accordance with FAR 5.202(a)(2), this action will not be synopsized.

7. Actions to Increase Competition: IAW FAR 6.302-2(d)(i)-(ii), the urgent and compelling work will be completed under this modification with urgency to award a follow-on contract for the required services through the use of competitive procedures, and the modification’s period of performance will not exceed one year. The current award is in the 8a program and market research has determined that the 8a program can still support these services therefore, the follow-on requirement’s planned acquisition strategy is for competition among the 8a vendors for a twelve-month base period and four-twelve month options. The acquisition vehicle has not been determined at this time.

8. Market Research: Market research was conducted from by the requiring activity and contracting team: Renee Greer, Erin Maddox and David Daniel. Market research was minimal due to the urgent nature of this emergency procurement and the lack of requirements package and historical data for this requirement. The Market Research has identified 8a vendors capable of providing the support services required by the government. Additional market research will be completed in support of the follow-on requirement.

9. Interested Sources: An Request for Information (RFI) was posted on sambeta.gov on 04 March 2020 through 06 March 2020, there are interested sources however, they cannot provide the required services within the required timeframes to meet the needs of the Government in order to maintain the DODTR and prevent mission failure. All of the responses have been submitted for market research to the new acquisition team to ensure the capability statements were accounted for and reviewed.

10. Other Facts: Discuss any other facts supporting the use of other than full and open competition, such as the following:

a. Procurement History:

(1) Contract numbers and dates of the last several contracts for these same requirements.

a. Current award W81XWH-16-C-0224 to awardee CNTS

b. Previous Award W81XWH-11-P-0524 to awardee CNTS

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(2) The competitive status of these actions. Both awards were issued as a sole source direct 8a. Both awards were under the $4M threshold for direct award at the time of award.

(3) Authority previously cited if less than full and open competition was used. N/A

(4) If a justification was prepared to support the procurement made before this one, a summary of the contents of paragraph 7 of the justification for that procurement and an explanation of the results. N/A

(5) If any prior contract for this requirement was accomplished using full and open competition, include a detailed explanation of the changed circumstances causing this action to now limit the sources. N/A

(6) If a justification was prepared to support the procurement made before this one, briefly describe the circumstances justifying the procurement and whether there have been any significant changes. N/A

11. Technical Certification: I certify 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.

Typed Name: Renee Greer Title: Contracting Officer’s Representative Date: 31 March 2020 Signature:

12. Requirements Certification: I certify 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.

Typed Name: Renee Greer Title: Contracting Officer’s Representative

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable.

This determination will be made using the following: price analysis cost analysis IGCE audit: XX other: Comparison to historic prices paid for the identical services on the existing contract IAW 52.217-8.

As a part of this basis, certified cost or pricing data:

will be required.

will not be required and the following exception applies (FAR 15.403):

Version – September 2018 FOR OFFICIAL USE ONLY

Prices that will be agreed upon are based on adequate price competition.

Prices that will be agreed upon are based on prices set by law or regulation.

A commercial item is being acquired.

A waiver has been granted by the head of the contracting activity (HCA) in accordance with DFARS PGI 215.403-1.

The contract action is a modification to a contract or subcontract for commercial item(s).

The estimated cost of the contract action is less than the threshold for certified cost or pricing data.

Typed Name: Erin Maddox Title: Contracting Officer

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Typed Name: Erin Maddox Title: Contracting Officer