A03_JA-Credentialing_Privileging_Services_Bridge_Extension_Redacted.pdf

CUI Control No: 20-073 Revision 1 Contractor: Soft Power Solutions, LLC

Controlled by: NGB AQ-C CUI Category: General Procurement and Acquisition Distribution/ Limited Dissemination Control: FEDCON POC: MAJ Jonathan Lehmann, jonathan.r.lehmann.mil@mail.mil

JUSTIFICATION REVIEW DOCUMENT

JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

Supply/Service: Air National Guard (ANG) Centralized Credentialing and Privileging (C&P) Program Management

Authority: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.501(a).

Amount: $

Prepared by: Tel: (703) 607-0891 Contract Specialist Date: 13 August 2021 Email: @us.af.mil

Contracting Officer: Tel: (703) 607-1234 Contracting Officer Date: 13 August 2021 Email: @mail.mil

Technical: Tel: (240) 612-8296 Chief, Credentialing and Privileging Date: 6 July 2021 Email: @us.af.mil

Requirements: Tel: (240) 612-8239 Chief, Medical Operations Division Date: 6 July 2021 Email: @us.af.mil

Reviews: I have reviewed this justification and find it adequate to support other than full and open competition.

Contracting Officer:

Typed Name: Tel: (703) 607-1234

Signature: ____________________ Date: ____________________

Program Manager:

Typed Name: Tel: (240) 612-8296

Legal Counsel:

Typed Name: Tel: (703) 601-6192

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5. Reason for Authority Cited:

The National Guard Bureau Operational Contracting Division (NGB-AQ-C) issued a solicitation W9133L20R1000 for the follow-on to W9133L16C0111, ANG Credentialing and Privileging (C&P). The follow-on competition consolidated both the Army National Guard (ARNG) and ANG C&P requirements. The solicitation was released on 21 January 2020 via SAM.gov, as full and open competition with a closing date of 24 February 2020.

The period of performance for W9133L16C0111 only ran through 28 March 2020. Due to the complexity of the follow-on competition, a bridge Purchase Order W9133L20P1002 was awarded on 26 March 2020 to the incumbent service provider (Soft Power Solutions). W9133L20P1002 provided a four-month base and two four-month options of support through 28 March 2021. In addition, the bridge also allowed an additional six-month extension in accordance with FAR 52.217-8, Option to Extend Services, should it be required.

On 05 May 2020, W9133L20D1000 was awarded to AMS Research, LLC as a result of solicitation W9133L20R1000. However, NGB-AQ-C received a General Accountability Office (GAO) level protest (ID 2762) on 15 May 2020. Due to the timely protest, a 90 day Competition in Contracting Act (CICA) Stay / Stop Work Order was issued on 18 May 2020 via modification P00001 to W9133L20D1000. The protest was dismissed on 16 Jun 2020, as a result of promised voluntary correction action. NGB-AQ-C performed an organizational conflict of interest analysis in accordance with FAR 9.504, reevaluated the technical and management approach volumes of the proposals, and conducted a new trade-off analysis. As a result, a contract was again awarded on 07 October 2020, to AMS Research, LLC.

A second GAO protest (ID 27263), was subsequently received on 21 October 2020, in regards to the 07 October 2020 award, to AMS Research, LLC with the same allegations as the previous protest. The second protest was dismissed on 24 November 2020, as the Government again promised voluntary corrective action. The NGB-AQ-C planned corrective actions were to again open discussions, request and evaluate final proposal revisions, and make a new source selection decision. The anticipated actions also included discussion of alleged Operational Conflict of Interest (OCI) and potential mitigation. While engaging in said corrective actions, to prevent a loss in service, the Government (under the authority of 52.217-8) extended W9133L20P1002 on 04 March 2021, for an additional six-months of performance until 28 Sept 2021. However, three months after the exercise of an additional six-months under the authority of 52.217-8, it was subsequently determined, and documented in June 2021, that the corrective actions planned by the Government would not be sufficient to address the concerns provided within the GAO protest and a new competition would be required. As a result, W9133L20D1000 was terminated for convenience to the Government via modification P00002 on 28 June 2021. Further, it was also determined, as a result of the termination, it would be necessary to separate out the ARNG and ANG C&P requirements into separate actions.

The current period of performance for W9133L20P1002 expires 28 September 2021.

The Government does not foresee the award of a new contract before the current

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contract expires, and a lapse in service would be detrimental to the program. The Procurement Acquisition Lead Time (PALT) for a contract with an estimated value of is at least 250 days from the procurement package acceptance. This number does not include a period for potential protests and transition, which will also impact the cycle time. Currently, a procurement package has been received and is being reviewed for acceptance.

Without these services, the credentialing and privileging programs for the ANG will experience a significant drop in compliance across a multitude of areas to include credentialing support for all 54 States and Territories, 90 Guard Medical Units, and four quarterly privileging boards, and several Fast Track review processes. Decreased compliance with requirements will lead to increased numbers of expired privileges for providers, which will directly impact the ANG’s ability to ensure all Guardsmen are medically ready to deploy or mobilize. The ANG credentialing and privileging program would also be severely hampered in addressing requests for operational support to include Innovative Readiness Training (IRT) missions and Active Duty deployment rotations, domestic support to include natural disaster response, and training support to include annual tour assignments and national exercises. Proper Headquarters (HQ) programmatic oversight in many areas would also suffer without the tracking and completion of work provided by this requirement. Any lapse of C&P services will result in the decline of the ANG’s medical providers, which affects Individual Medical Readiness rates and the total force posture. A reduction in the ANG’s total force posture will decrease the ANG’s ability to deploy its forces in support of the U.S. Air Force’s mission requirements. Delay in award of a contract would result in serious injury, financial or other, to the Government due to the lack of preparedness to deploy its forces in support of the U.S. Air Force’s mission requirements.

6. Efforts to Obtain Competition: The additionally planned bridge action is a stop-gap measure to prevent the loss of required services and prevent serious injury, financial or other, to the Government while a competition can be conducted. The Contracting Officer published a synopsis of the proposed commercial contracting action on SAM.gov on 17 August 2021, as required by FAR Subpart 5.2 for the planned extension of W9133L20P1002. Responses were due 20 August 2021. No responses were received to the synopsis prior to the due date.

7. Actions to Increase Competition: Subsequent to the bridge action, a full and open competition is planned to be solicited via SAM.gov in October/November 2021, with a planned award date of June 2022.

8. Market Research: If under the next contract there were to be a new vendor, the delay in the award and subsequent processes will result in a complete work stoppage of C&P processing affecting all ANG installations across the nation. Attempting to transition these services from the incumbent to the next contractor would take up to 90 days given the complexity of the requirement as well as the need to hire and train new staff members. No one but the current incumbent has the capability to successfully support the requirement without harm to the Government.

As provided in Paragraph 6 above, a synopsis constituting Market Research was posted on SAM.gov that did not receive any responses from Industry.

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9. Interested Sources: Based on the responses to the previous solicitation for the consolidated ANG / ARNG C&P requirement, W9133L20R1000, there are at least four known vendors interested in supporting the follow-on effort. However, as no responses were received for the bridge contract action when synopsized, no interested sources other than the incumbent have been identified for the bridge action.

10. Other Facts:

Procurement History

Contract: W9133L-16-C-0111 Contractor: Soft Power Solutions, LLC Award Date: 30 September 2016 (One year base period + Two 12-months options + FAR 52.217-8 6-month extension) Competitive Status: Competitive 100% Small Business Set Aside

Contract: W9133L-20-P-1002 (Bridge to W9133L-16-C-0111) Contractor: Soft Power Solutions, LLC Award Date: 29 March 2020 (Four month base period + Two 4-month options + FAR 52.217-8 6-month extension) Competitive Status: FAR 13.5 Sole Source

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.

Date: _________________ ____________________________

Chief, Credentialing and Privileging Branch

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

Chief, Medical Operations Division

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 price analysis technique of comparing the proposed prices to historical prices paid. As a part of this basis, certified cost or pricing data is not required because the services being acquired are considered commercial.

Contracting Officer

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

Contracting Officer

Approval

Based on the foregoing justification, I hereby approve the procurement of ANG Centralized Credentialing and Privileging Program Management on a sole source basis pursuant to the authority of the Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.5, subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Date: Signature:

Command Advocate for Competition