Approved JA - W81K0024P0002 - SRP Bridge - Magnificus.pdf

CUI//SP-SSEL

Control Number: 24-RHCO-C-102

(Source Selection Information – See FAR 2.101 and 3.104-4)

SEP 2021

Justification Review Document for Other than Full and Open Competition - FAR Part 6

Program/Equipment: Personal and non-personal services sole-source bridge contract for the following skillsets: physician , physician assistant, nurse practitioner, licensed vocational nurse, licensed clinical social worker, optometry technician, audiology technician, phlebotomist, laboratory technician, nurse assistant, psychologist, medical records clerk and administrative assistant (59 FTEs) in support of the Soldier Readiness Program (SRP) at William Beaumont Army Medical Center (WBAMC) Fort Bliss, Texas.

Authority: 41 United States Code 3304(a)(1) as implemented in Federal Acquisition

Regulation 6.302-1(a)(2)(iii)(B), only one responsible source and no other supplies or services will satisfy agency requirements.

Amount: $8,660,679.60 (includes 52.217-8, “Option to Extend Services)

Prepared by:

Typed Name: Troy A. Loge Phone: 915.408.2815

Title: Contract Specialist Date: 20 December 2023

E-mail: troy.a.loge.civ@health.mil

Contracting Officer:

Typed Name: Jacquelyn A. Johnson DSN: 254.432.1000

Date Reviewed: 20 December 2023 E-Mail: jacquelyn.a.johnson14.civ@health.mil

Technical Representative:

Typed Name: Victor Sifuentes DSN: 915.569.4270

Title: Contracting Officer’s Representative Date Reviewed: 20 December 2023

Requirements Representative:

Typed Name: Beverly A. Stephens DSN: 915.742.3771

Title: Chief, Medical Readiness SRP Date Reviewed: 20 December 2023

CUI//SP-SSEL

(Source Selection Information – See FAR 2.101 and 3.104-4)

Controlled by: USAHCA Controlled by: MRCO-W

CUI Category: Procure Limited Dissemination Control: FED ONLY

POC: Troy A. Loge troy.a.loge.civ@health.mil

Reviews

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

Legal Counsel

Typed Name: Jillian C. Kaido Phone: 214.215.1604

Signature: Date: 27 Dec 23 mailto:troy.a.loge.civ@health.mil

CUI//SP-SSEL

(Source Selection Information – See FAR 2.101 and 3.104-4)

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

1. Contracting Activity: Medical Readiness Contracting Office – West (MRCO-W), Fort Bliss Branch, Fort Bliss, Texas.

2. Description of Action: MRCO-W intends to issue a personal and non-personal services sole-source bridge contract for the following skillsets: personal services (Physician , Physician Assistants, Nurse Practitioners, Licensed Vocational Nurses, Licensed Clinical Social Worker, Optometry Technicians, Audiology Technicians, Phlebotomists, Laboratory Technician, Nurse Assistants and Psychologist) and non-personal Service (Medical Records Clerks and Administrative Assistants) a total of 59 FTEs in support of the Soldier Readiness Program (SRP) at William Beaumont Army Medical Center (WBAMC) Fort Bliss, Texas. This action will be accomplished by a firm, fixed price (FFP) contract funded with DHP funds.

3. Description of Supplies/Services: MRCO-W has a requirement to continue personal and non-personal services of the above-described skillsets. A FFP bridge contact is contemplated for a three-month base period (1 January - 31 March 2024), a six-month option (1 April – 30 September 2024), and a maximum six-months extension IAW FAR 52.217-8, for a total performance period through 31 March 2025. Estimated value for the three-month base and six-month option is $5,196,407.76. The total estimated contract value is $8,660,679.60 to include the extension of services, should it be needed.

4. Authority Cited: 41 United States Code 3304 as implemented in Federal Acquisition Regulation 6.302-1(a)(2)(iii)(B), only one responsible source and no other supplies or services will satisfy agency requirements.

5. Reason for Authority Cited: Bridge contract W81K0023P0004 is currently in place for these personal and non-personal services at WBAMC SRP; the contract includes FAR Clause 52.217-8, Option to Extend Services. The contract will expire 31 December 2023. The purpose of this bridge contract is to allow time for processing of a United States Court of Federal Claims (CoFC) protest of the follow-on IDIQ contract W81K0023D0001 and, possibly, recompete the requirement. This will be the second such bridge contract for this purpose.

These personal and non-personal services are critical to the mission of the WBAMC SRP. Due to urgency, a sole-source bridge contract is necessary to ensure continuation of these critical services until the follow-on contract can be made effective. The IDIQ contract W81K0023D0001 was directly awarded to an 8(a) small business. A US CoFC, post-award protest was received and is currently awaiting a court decision. Due to the time frame, it would be impossible for a new contractor to come in and be able to perform by the required start dated of 1 January 2024. As part of the litigation process, CUI//SP-SSEL

(Source Selection Information – See FAR 2.101 and 3.104-4) the Agency (Army) is required to stay contract performance on the protested IDIQ contract (W81K0023D0001). This bridge contract will allow the government to address litigation that is pending at the US Court of Federal Claims and continue these mission critical services.

There are certain barriers that make it impossible for another source to perform the government's requirement. First, the requirement is for fourteen (14) separate specialties of fifty-nine (59) FTEs and the anticipated timeframe to have this many personnel on the ground and working is at least 90 days because of the amount of time it would take to recruit, credential, privilege, train, and place this many healthcare providers. Second, a lapse in service would have an immediate negative impact and mission failure in providing current health care operations and current health care services to our civilians and soldiers to properly process and deploy anywhere in the world needed to defend the nation and support any mission set forth by the President of the United States. The incumbent contractor, Magnificus Corporation, can provide the required services immediately upon award of this bridge contract because Magnificus Corporation is the only contractor that already has all the required healthcare employees recruited, credentialed, privileged, trained and in place to perform the required services. Magnificus Corporation is performing the requirements satisfactorily based on the monthly surveillance reports submitted by the contracting officer’s representative (COR).

6. Efforts to Obtain Competition: Based on the need and the ongoing process of awarding the long-term contract, the required start date is 1 January 2024 for bridge contract. The current contract will expire 31 December 2023.

a. Effective Competition: Magnificus Corporation is the only vendor capable of meeting the government's urgent requirement with a start date of 1 January 2024 while the government continues addressing the protest.

b. Subcontracting Competition: In accordance with FAR Subpart 19.705-2, the Contracting Officer has taken actions to determine whether the proposed contractual obligation requires a sub-contracting plan. According to Small Business Administration (SBA) Dynamic Small Business Search (DSBS), the proposed contractor, Magnificus Corporation is a small business. A sub-contracting plan will not be required.

7. Actions to Increase Competition: It is not possible to compete this proposed bridge contract in time for service to commence 1 January 2024. However, MRCO-W has awarded W81K0023D0001 as an 8(a) direct set-aside for small business.

8. Market Research: Market research was conducted 8 December 2023, and there are capable service providers in the market who currently provide these services however, in this instance, award to any vendor other than Magnificus Corporation would be detrimental to healthcare services with the SRP at WBAMC; resulting in unacceptable

CUI//SP-SSEL

(Source Selection Information – See FAR 2.101 and 3.104-4) mission failure in providing current health care operations and current health care services to our soldiers and civilians to properly process and deploy anywhere in the world needed to defend the nation and support any mission set forth by the President of the United States. A vendor other than Magnificus Corporation currently in place and providing services would equal mission failure.

9. Interested Sources: There are interested sources for this requirement; however, these sources are not being considered for the bridge contract due to the short timeline required to certify and train staff and security clearance/background checks. Competing this requirement at this time will cause an interruption in very critical services, which could cause harm to soldiers and civilians that would not be in the best interest of the government. It will cause complete mission failure to WBAMC SRP. It is in the best interest of the government to extend the bridge contract to the current contractor;

Magnificus Corporation is currently providing services and will be able to continue performing services without disruption to the WBAMC SRP at Fort Bliss, Texas.

10. Other Facts:

a. Procurement history.

WBAMC:

Bridge – W81K0023P0004:

1. Total dollar value is $4,319,724.04 (1 April - 31 December 2023)

2. Competitive Status of these actions: N/A

3. Authority previously cited if less than full and open competition was used: FAR

13.501(a)(1)(ii), sole source under the authority of the simplified procedures for certain commercial items.

4. There have been no significant changes since the last bridge contract was awarded. The requested services were bridged because it was not possible to compete the proposed acquisition in time for services to begin 1 April 2023. The follow-on contract was awarded and underwent a CoFC, post-award protest, Case

23-218c. Due to corrective action, continuing another extension was necessary. The long-term, follow-on contract will be a single-award, IDIQ contract.

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

CUI//SP-SSEL

(Source Selection Information – See FAR 2.101 and 3.104-4)

6. An explanation of any unusual patterns that may be revealed by the history, e.g., several consecutive, urgent buys. N/A

7. If a justification was prepared to support procurement made before this one, briefly describe the circumstances justifying the procurement and whether there have been any significant changes. The purpose of this bridge contract W81K0023P0003 is to allow time for the CoFC-level protest to be resolved and, if necessary, allow time for a contract to be solicited and awarded (Control #23-RHCO-C-250). There have not been any significant changes.

b. Other Facts. The Performance Work Statement (PWS) for this contract is essentially the same as the PWS for the current contract and may include changes to points of contact and those required by law or regulation.

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.

Signature: Date: ________________________

Typed Name: Victor Sifuentes Title: Contracting Officer’s Representative

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.

Signature: ________________________________Date: ________________________

Typed Name: Beverly A. Stephens Title: Chief, Medical Readiness SRP

13. Fair and Reasonable Cost Determination:

I hereby determine that the anticipated cost to the government for this contract action will be fair and reasonable. Fair and reasonable pricing will be determined by using price analysis and the Independent Government Estimate. As part of the basis certified cost or pricing date is not required per FAR 15.403-l(b)(3).

CUI//SP-SSEL

(Source Selection Information – See FAR 2.101 and 3.104-4)

Signature: Date: ________________________

Typed Name: Jacquelyn A. Johnson Title: Contracting Officer__________

14. Contracting Officer Certification:

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

Signature: ______________________________ Date: ________________________

Typed Name: Jacquelyn A. Johnson Title: Contracting Officer

CUI//SP-SSEL

(Source Selection Information – See FAR 2.101 and 3.104-4)

Approval

Based on the foregoing justification, I hereby approve the procurement of personal and nonpersonal services of the following skillsets: personal and non-personal services of the following skillsets: personal services (Physician , Physician Assistants, Nurse Practitioners, Licensed Vocational Nurses, Licensed Clinical Social Worker, Optometry Technicians, Audiology Technicians, Phlebotomists, Laboratory Technician, Nurse Assistants and Psychologist) and non-personal services (Medical Records Clerks and Administrative Assistants) a total of 59 FTEs in support of William Beaumont Army Medical Center (WBAMC) Soldier Ready Program (SRP), Fort Bliss, Texas. This service is provided at William Beaumont Army Medical Center (WBAMC), Fort Bliss, TX, for a three-month base with a six-month option of $5,196,407.76 and total of $8,660,679.60 to include up to a six-month extension of services should it be needed for this bridge contract on an other than full and open competition basis pursuant to the authority of 41 United States Code 3304 as implemented in Federal Acquisition Regulation 6.302-1(a)(2)(iii)(B), only one responsible source and no other supplies or services will satisfy agency requirements, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Signature: _________________________ Date: ________________________

Typed Name: Kerry A. Alvarenga Title: Command Advocate for Competition