Applicability of Class JA (002).pdf

Applicability of HHS Class J&A for 2019 Novel Coronavirus (COVID-19) to Current Requirement (HHS Acquisition Alert 2020-08)

ERR/PR#: PR 54722

Applicability of HHS Class J&A for 2019 Novel Coronavirus (COVID-19) to Current Requirement The Department of Health and Human Services (HHS) has established a Class J&A for COVID-19 contract actions. Actions taken under the authority of this class J&A shall include (1) documentation of market research performed and prospective sources of supply and services, (2) evidence of the urgent and compelling nature of the particular action, reviewed and approved at a level above the Contracting Officer, (3) documentation of the contractor's qualifications and ability to perform the work as part of the Contracting Officer's responsibility determination,

(4) Documentation of the extent of competition undertaken, and (5) documentation of the price/cost analysis conducted and that the proposed price is fair and reasonable. The Class J&A shall be included with this document in the file folder.

When this document is printed, the blue italic instructions are automatically deleted on the printed version.

Please enter ERR number and, if applicable, PR number. If not associated with an ERR, please enter PR number

ERR/PR #: PR 54722

Name of Proposed Contractor(s): Scientific Technologies Corporation

A. Contractor's Unique Qualifications:

This J&A is for a modification to a task order awarded to Scientific Technologies Corporation (STC) against STC's GSA schedule contract.

STC has performed this task order for the past 33 months. The IIS software that is the subject of this task order operates on STC's proprietary software. STC is therefore the only vendor who can make changes to the software coding and other elements necessary to accomplish the tasks in this modification to the task order.

B. Identification of Services or Supplies:

Short description of the services or supplies required to meet the agency's needs. (e.g., "Q Stations PPE" / "Web Development")

The purpose of the original task order is to acquire immunization IT technology services to ensure the existing Louisiana Immunization Network for Kids Statewide (LINKS) IIS software is maintained so that it remains operational with no interruption of workflow of current functionalities, forecasting algorithm and/or other system features. This task order was awarded as a Direct Assistance acquisition to the state of Louisiana. This modification adds additional work for the contractor to build a module to produce ad hoc reports; develop an enhancement to LINKS to enable providers to account for their allotment of vaccine lots with separate allocations by dose; create a COVID-19 dashboard that shows the inventory and number of COVID-19 vaccines administered; provide COVID-19 vaccination provider support services; and provide SQL script writing services.

C. Documentation of Market Research Performed & Prospective Sources of Supplies & Services (Class J&A Section 8):

Describe the extent of the market research conducted to identify all qualified sources and the results thereof. “Market Research” is defined as those attempts you made to ascertain whether other qualified sources exist, and can include contact with knowledgeable experts regarding similar or duplicate requirements, contact with industry, results of a sources sought synopsis, or draft solicitations. Research of the marketplace may consist of written, electronic (i.e. email) telephonic, or world wide web inquiries. Lack of advanced planning is not an acceptable reason for the lack of market research, but true urgency may necessitate abbreviated market research that is limited to readily available historical and commercial information. If action is a contract extension or bridge contract, describe the market research efforts underway or completed for the follow-on. See FAR 10.002(b)(2).

Because this action is being taken under unusual and compelling urgency, market research was limited to reviewing the performance and capabilities of the incumbent contractor on the original task order.

D. Basis and Rationale for Unusual & Compelling Nature (Class J&A Section 5.a):

Explain the chronological events leading up to the requirement and explain why time constraints cannot permit even a limited competition. Describe the detrimental effects/serious injury to the mission of the requiring activity or to the government, financial or otherwise, that will result if this justification is not approved and the product or service cannot be provided by the intended sole source contractor. May not exceed one year, including all options, unless the head of the agency determines that exceptional circumstances apply.

This requirement is a time-sensitive need of the agency to provide Direct Assistance to the state of Louisiana's IIS. Fulfulling these

Applicability of HHS Class J&A for 2019 Novel Coronavirus (COVID-19) to Current Requirement (HHS Acquisition Alert 2020-08)

ERR/PR#: PR 54722

requirements is critical to support COVID-19 vaccination efforts.

Reviewed and Approved by:

Official Name & Title Signature

Program Representative Kesha Billingsley, Public Health Analyst, COR

Contracting Officer Pellumbeshe Hoxhaj

Approver at a Level Above the Contracting Officer Alan Sims

The File Includes the Following Documentation:

1. Contractor's Qualifications and Ability to Perform the Work As Part Of The Contracting Officer's Responsibility

Determination per FAR 9.103(b) (Class J&A Section 5.a). See Document(s) Identified Below:

Contracting Officer to Identify Specific Documents

The proposed vendor is not on the excluded parties list in SAM.GOV.

2. Extent of competition undertaken (Class J&A Section 6). See Document(s) Identified Below:

Contracting Officer to Identify Specific Documents

This is a sole source using the unusual & compelling authority under the 2019 Covid-19 Class J&A.

3. Price/cost analysis conducted and that the proposed price is fair and reasonable (Class J&A Section 7). See Document(s) Identified Below:

Contracting Officer to Identify Specific Documents

A price & cost analysis will be conducted once the vendor's proposal is received.

Contracting Officer's Confirmation of Required Documentation:

Official Name Initials

Contracting Officer Pellumbeshe Hoxhaj PH

Applicability of HHS Class J&A for 2019 Novel Coronavirus (COVID-19) to Current Requirement (HHS Acquisition Alert 2020-08) Page of \\cdc.gov\private\L331\kpy2\Contracting Documents\SSJs & JOFOCs\COVID-19 Class J&A\CDC Letterhead.tiff Applicability of HHS Class J&A for 2019 Novel Coronavirus (COVID-19) to Current Requirement The Department of Health and Human Services (HHS) has established a Class J&A for COVID-19 contract actions. Actions taken under the authority of this class J&A shall include (1) documentation of market research performed and prospective sources of supply and services, (2) evidence of the urgent and compelling nature of the particular action, reviewed and approved at a level above the Contracting Officer, (3) documentation of the contractor's qualifications and ability to perform the work as part of the Contracting Officer's responsibility determination, (4) Documentation of the extent of competition undertaken, and (5) documentation of the price/cost analysis conducted and that the proposed price is fair and reasonable. The Class J&A shall be included with this document in the file folder.

When this document is printed, the blue italic instructions are automatically deleted on the printed version.

Please enter ERR number and, if applicable, PR number. If not associated with an ERR, please enter PR number A. Contractor's Unique Qualifications:

B. Identification of Services or Supplies:

Short description of the services or supplies required to meet the agency's needs. (e.g., "Q Stations PPE" / "Web Development") C. Documentation of Market Research Performed & Prospective Sources of Supplies & Services (Class J&A Section 8):

Describe the extent of the market research conducted to identify all qualified sources and the results thereof. “Market Research” is defined as those attempts you made to ascertain whether other qualified sources exist, and can include contact with knowledgeable experts regarding similar or duplicate requirements, contact with industry, results of a sources sought synopsis, or draft solicitations. Research of the marketplace may consist of written, electronic (i.e. email) telephonic, or world wide web inquiries. Lack of advanced planning is not an acceptable reason for the lack of market research, but true urgency may necessitate abbreviated market research that is limited to readily available historical and commercial information. If action is a contract extension or bridge contract, describe the market research efforts underway or completed for the follow-on. See FAR 10.002(b)(2).

D. Basis and Rationale for Unusual & Compelling Nature (Class J&A Section 5.a):

Explain the chronological events leading up to the requirement and explain why time constraints cannot permit even a limited competition. Describe the detrimental effects/serious injury to the mission of the requiring activity or to the government, financial or otherwise, that will result if this justification is not approved and the product or service cannot be provided by the intended sole source contractor. May not exceed one year, including all options, unless the head of the agency determines that exceptional circumstances apply.

Reviewed and Approved by:

Official Name & Title Signature Program Representative Contracting Officer Approver at a Level Above the Contracting Officer The File Includes the Following Documentation:

Contractor's Qualifications and Ability to Perform the Work As Part Of The Contracting Officer's Responsibility Determination per FAR 9.103(b) (Class J&A Section 5.a). See Document(s) Identified Below:

Contracting Officer to Identify Specific Documents Extent of competition undertaken (Class J&A Section 6). See Document(s) Identified Below:

Contracting Officer to Identify Specific Documents Price/cost analysis conducted and that the proposed price is fair and reasonable (Class J&A Section 7). See Document(s) Identified Below:

Contracting Officer to Identify Specific Documents Contracting Officer's Confirmation of Required Documentation:

Official Name Initials Contracting Officer 11.0.0.20130303.1.892433.887364 Justification & Approval - Other Than Full and Open Competition Health and Human Services Justification & Approval - Other Than Full and Open Competition Alan Sims

PH