A03-HJF_-_JA-Other_Than_Full_Open_Redacted.docx

DEPARTMENT OF THE ARMY

US ARMY MEDICAL RESEARCH ACQUISITION ACTIVITY 820 CHANDLER STREET

FORT DETRICK MD 21701-5014

Control No: JA17109

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity:

The Contracting Activity responsible for this action is the U.S. Army Medical Research Acquisition Activity (USAMRAA), Fort Detrick, MD on behalf of the Congressionally Directed Medical Research Programs (CDMRP).

2. Description of Action:

The government intends to extend services currently provided under contract W81XWH-16-P-0420 with The Henry M. Jackson Foundation, the contractor providing services. The extension of services is being done via a modification under the authority of FAR clause 52.217-8, Option to Extend Services. The period of performance to support the modification to extend services is 01 April 2017 through 15 September 2017.

3. Description of Services:

The services currently awarded under W81XWH-16-P-0420 include data management and reconciliation services and are scheduled to expire 31 March 2017. The services are in support of CDMRP. CDMRP manages Congressional Special Interest Medical Research Programs, including military health and other specified areas and is a subordinate organization to the United States Army Medical Research and Materiel Command (USAMRMC) subordinate organization. The USAMRMC is a major subordinate Command of the United States Army Medical Command (MEDCOM). The Commanding General (CG), USAMRMC, directs the management of a number of medical research, development and acquisition programs. Research includes breast, prostate, ovarian and lung cancer, defense health, neurofibromatosis, tuberous sclerosis complex, autism, psychological health/traumatic brain injury, spinal cord injury research, bone marrow failure, multiple sclerosis medical imaging, medical informatics, behavioral health, medical simulators, mobile health applications, medical robotics, deployed health, and other medical research programs. The USAMRMC is responsible for planning, coordinating, integrating, programming, budgeting and executing these programs. Fiscal year 2016 RDT&E funding in the amount of $129,457.74 was provided for the requirement. The total estimated value of the requirement is $134,400.00 for the 5.5-month performance period. The period of performance to support the modification to extend services is 01 April 2017 through 15 September 2017.

4. Authority Cited:

The statutory authority permitting other than full and open competition is 10 U.S.C. 2304 (c)(2). The FAR citation is 6.302-2 with application at 6.302-2(b).

5. Reasons for Authority Cited:

The Henry M. Jackson Foundation (HJF) currently has personnel in place to continue providing data management and reconciliation services for the performance period of three months (01 October 2016 through 13 January 2017) and an option period of 14 January 2017 through 31 March 2017. The services were included in newly awarded, competitive contract W81XWH-16-D-0012. However, an interested party protested the new award on 12 September 2016 (received at USAMRAA on 13 September 2016, thus creating a delay in the start of services.

Therefore, a bridge contract is necessary to continue the existing data management and reconciliation services currently provided via the incumbent contractor, HJF. Given the lead time required in a competitive procurement, the acquisition of data management and reconciliation services cannot be competitively procured. The bridge contract will contain the performance period necessary to ensure time for resolution of the protest. Current personnel supporting the activity were selected for these positions based on their expertise and experience in data management and therefore cannot be transitioned to other contractors or government personnel. Lack of these services will seriously impact all CDMRP programs as well as MRMC programs which are supported by CDMRP. These data managers are responsible for quality assurance of all data imported into CDMRP’s Electronic Grants System (EGS) from both peer and programmatic review for all 28 research programs, as well as applications for the Broad Agency Announcement. This data must be reviewed to ensure accuracy and compliance with the formatting required in EGS. In addition, the data managers are responsible for inputting CDMRP data requirements for the NIH system FedReporter, DTIC and the International Cancer Research Partnership. They assist with analysis needed for taskers, Review & Analysis meetings with the Defense Health Agency, Joint Program Committees, and higher Headquarters requests. They also assist with preparation of data for annual reports, as well as CDMRP website and program specific requests. The data managers are also responsible for the migration of the data from the TATRC’s Electronic Database Management System, as well as ERMS and EGS. They also assist with resolving discrepancies in data for progress reports as well as other workflows supported by EGS. For the reasons cited herein, this requirement is deemed to be available only from HJF.

6. Efforts to Obtain Competition:

A justification shall be posted at the Government Point of Entry (GPE) within 30 days after contract award and will remain posted for a minimum of 30 days, as outlined in FAR 6.305. The justification will include a statement allowing any and all responsible sources to submit a bid, proposal, or quotation for consideration.

7. Actions to Increase Competition:

The services applicable to this justification and approval have been competed and awarded under contract W81XWH-16-D-0012. Specifically, solicitation W81XWH-16-R-0023, awarded on 02 September 2016, was awarded using full and open competition; however, a protest was received and the competed services will be delayed while the protest is under consideration. As a result of the protest, the Government proposed corrective action. However, two separate protests were filed in response to the proposed corrective action, one of which was dismissed on 29 November 2016. The other protest was denied by GAO on 17 January 2017. Because of the additional time required for the protests on the initial corrective action, the Government requires additional time to implement the corrective action and re-solicit the requirement. There is no reason to believe that future services will not be competed.

8. Market Research:

A justification shall be posted at the Government Point of Entry (GPE) within 30 days after contract award and will remain posted for a minimum of 30 days, as outlined in FAR 6.305. The justification will include a statement allowing any and all responsible sources to submit a bid, proposal, or quotation for consideration.

9. Interested Sources:

Interested sources are currently unknown. A justification shall be posted at the Government Point of Entry (GPE) within 30 days after contract award and will remain posted for a minimum of 30 days, as outlined in FAR 6.305. The justification will include a statement allowing any and all responsible sources to submit a bid, proposal, or quotation for consideration.

10. Other Factors:

a. Procurement History:

(1) Contract number(s) and date(s) of the last several award(s): W81XWH-16-P-0420; 1 October 2016 W81XWH-11-P-0121, 07 April 2011

(2) Competitive status of these actions:

Control No:

J&A, Other Than Full and Open Competition FOR OFFICIAL USE ONLY

The acquisition resulting in contract W81XWH-16-P-0420 was sole sourced to the contractor.

(3) Authority previously used for less than full and open competition:

The statutory authority permitted other than full and open competition was 10 U.S.C. 2304 (c)(2). The FAR citation was 6.302-2 with application at 6.302-2(b).

(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.

The services applicable to the justification and approval were competed and awarded under contract W81XWH-16-D-0012. Solicitation W81XWH-16-R-0023, awarded on 02 September 2016, was awarded using full and open competition; however, a protest was received and the competed services will be delayed while the protest is under consideration. The services previously awarded under W81XWH-11-P-0121 were competed and the services currently awarded under W81XWH-16-P-0420 are part of the competitive procurement. There is no reason to believe that future services will not be competed.

(5) If any prior award was accomplished by full and open competition, a detailed explanation of the changed circumstances.

The Government issued a competitive solicitation (W81XWH-16-R-0023) which resulted in award of W81XWH-16-D-0012; however, a protest received on 13 September 2016 delayed the competitive award performance start date. As a result, the Government was forced to sole source the existing data management and reconciliation services to the incumbent while the protest is resolved. The Government intends to continue competitively procuring the services.

(6) An explanation of any unusual patterns which may be revealed by the history, e.g., several consecutive urgent buys.

Although two J&As were completed to support the services, the procurements were the result of the same protest of competed services. There is no reason to believe that future services will not be competed.

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

The Government issued a competitive solicitation (W81XWH-16-R-0023) which resulted in award of W81XWH-16-D-0012; however, a protest received on 13 September 2016 delayed the competitive award performance start date. As a result, the Government was forced to sole source the existing data management and reconciliation services to the incumbent while the protest is resolved. The Government intends to continue competitively procuring the services.

b. Other Facts.

The Contracting Officer will perform a price analysis in order to determine that the anticipated cost to the Government for the supplies/services covered by this J&A will be fair and reasonable.

11. Technical Certification:

I certify that the supporting data under my cognizance which are included in this J&A are accurate and complete to the best of my knowledge and belief.

Typed Name: Naba Bora Date:

BORA.NABAJYOTI.125

Digitally signed by BORA.NABAJYOTI.1250162444 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, Title: Contracting Officer Representative Signature: 0162444 ou=USA, cn=BORA.NABAJYOTI.1250162444 Date: 2017.03.02 08:52:37 -05'00'

12. Requirements Certification: I certify that the following data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief.

Typed Name: Beverly R. Michaels Date:

Digitally signed by MICHAELS.BEVERLY.R.1256769855MICHAELS.BEVERL

Title: Chief Acquisition Manager Signature:Y.R.1256769855

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=MICHAELS.BEVERLY.R.1256769855 Date: 2017.03.02 08:55:53 -05'00'

13. Fair and Reasonable Cost Determination:

I hereby determine the anticipated cost to the Government for this contract action will be fair and reasonable. A cost analysis will be conducted to determine if the proposed budget is fair and reasonable. Certified cost or pricing data will be required in accordance with FAR 15.403.

14. Contracting Officer Certification:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

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