B. JEFO Justification for Exception to Fair Opportunity_Final_5-16-2025_fs_Redacted.pdf

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

1. Identification of the Agency and Contracting Activity.

a. Federal Agency and Contracting Activity.

Department of Health and Human Services National Institutes of Health National Institute on Drug Abuse Office of Acquisition

b. Sponsoring Organization.

National Institute of Mental Health Office of the Director Office of Management Information Technology Branch

c. Contracting Officer’s Representative (COR).

COR Name:

Email Address:

Phone Number:

2. Nature and/or description of the action being approved.

a. Acquisition purpose and objectives.

The purpose of this acquisition is to acquire Information Technology Branch (ITB) Business Intelligence and Reporting (BIR) and End User Information Technology Support Services in support of the National Institute of Mental Health (NIMH).

The task order fills a critical need for NIMH Information Technology (IT) support, including end user desktop support as well as management of critical NIMH data that the Institute needs to function on a daily basis. The contractor currently supports the entire NIMH in all desktop support and business intelligence and IT security capacities. It is the intention to continue this support without interruption while a long-term solution is put in place.

b. Project background.

NIMH provides leadership for a national program to increase knowledge and advance effective strategies to deal with problems and issues in the promotion of mental health and the prevention and treatment of mental illness; conducts and supports research and research training on the biological, psychological, behavioral, epidemiological, legal, and social science aspects of mental health and illness; conducts and supports mental health services research concerned with the impact of the organization, financing, and management of health services on the quality, cost, access to, and outcome of care; provides assistance to, and encourages other Federal agencies and national, foreign, State, and local organizations, hospitals, professional associations, and volunteer groups to facilitate and extend programs to promote mental health and prevent mental illness; collects, analyzes, and disseminates scientific findings and data on the incidence, prevalence, and resources for the treatment of mental illness; and conducts educational activities, including the collection and dissemination of educational materials concerned with mental health issues, for health professionals and the lay public.

NIMH utilizes contemporary IT in support of its vision and mission. This mission includes promoting mental health and reducing the burden, incidence, prevalence and problems associated with mental illness. It also includes conducting a wide range of research and information dissemination programs. Software development and IT support services are required to automate the collection, processing and dissemination of management, administrative and programmatic information.

Understanding the brain, the way it controls behavior and the ways in which behavior and environment influence function and structure of the brain are the primary basic science responsibilities of NIMH. NIMH has additional and significant responsibilities in the area of clinical services and intervention research as it relates to mental health disorders and as well as other mental health related areas mandated by the U.S.

Government. The impetus for these scientific activities is the Institute’s public health mission for reducing the burden of mental disorders through improved treatments and ultimately, preventive measures.

ITB serves as the Institute focal point for all Information resource and technology related activities. ITB strives to provide professional and exceptional expertise for all Institute technology needs. By using best practice industry standards, ITB ensures the stability of NIMH’s IT infrastructure while simultaneously fulfilling security requirements, mandates, and directives that help keep our computing environment safe.

ITB endeavors to deliver customer focused solutions and applications through judicious management of resources, both tangible and intangible.

While executing proper IT processes and procedures, ITB will provide an outstanding foundation for excellence in software application development and support, end user computing support, technology consultation and recommendation, IT strategic planning, and data and database management.

A 4-month extension to the current order is contemplated to ensure the services continue while the renewal is ongoing. Previous awards were not made under an exception to fair opportunity. Information pertaining to the current task order competed among CIO-CS contract holders is included below.

Task Order number:

HHSN316201200145W/75N95022F00001

Contractor: DLH, LLC (formerly Grove Resource Solutions) Option Period Three (3) - Period of Performance: June 25, 2024 – June 24, 2025 (12-months)

Total amount obligated to date: $9,305,877.40 (Base +3 option yrs.)

3. Description of the Requirement:

a. Project title.

Information Technology Branch (ITB) Business Intelligence and Reporting (BIR) and End User Information Technology Support Services Contract

b. Project description.

NIMH utilizes contemporary Information Technology in support of its vision and mission. This mission includes promoting mental health and reducing the burden, incidence, prevalence and problems associated with mental illness. It also includes conducting a wide range of research and information dissemination programs. Software development and IT support services are required to automate the collection, processing and dissemination of management, administrative and programmatic information. Understanding the brain and the way it controls behavior are among the primary basic science responsibilities of NIMH. NIMH has additional and significant responsibilities in the area of clinical services and intervention research as it relates to mental health disorders as well as other mental health related areas mandated by the U.S. Government.

The Information Technology Branch (ITB) serves as the Institute focal point for all Information resource and technology related activities. ITB strives to provide professional and exceptional expertise for all Institute technology needs. By using best practice industry standards, ITB ensures the stability of NIMH’s IT infrastructure while simultaneously fulfilling security requirements, mandates, and directives that help keep our computing environment safe. ITB endeavors to deliver customer focused solutions and applications through judicious management of resources, both tangible and intangible. While executing proper IT processes and procedures, ITB will provide an outstanding foundation for excellence in software application development and support, end user computing support, technology consultation and recommendation, IT strategic planning, and data and database management.

c. Requirement type.

Support services (non-research & development) Supplies/equipment Information technology (IT)

Other (specify): ____________________

d. Type of action.

New requirement Follow-on: Four (4) month extension to cover the period between the expiring task order and the ongoing competitive procurement.

Other (specify):

e. Proposed order type.

Firm-fixed-price Time and materials Indefinite delivery (specify whether indefinite quantity, definite quantity, or requirements): ___________ Cost Reimbursement: ___________ Other (specify): ________________

f. Acquisition identification number.

g. Total estimated dollar value and performance/delivery period.

The total estimated dollar value of the extension inclusive of the NITAAC fee is $ (FY25).

The period of performance of the extension is anticipated to be effective on June 25, 2025 through October 24, 2025 (4-months).

4. Market Research.

The National Institutes of Health Information Technology Acquisition and Assessment Center (NITAAC) is a federal program of the National Institutes of Health (NIH) in the Department of Health and Human Services (DHHS). NITAAC is an executive agent, authorized by the Office of Management and Budget (OMB) to acquire IT solutions for its own and all other federal agencies through its Best in Class (BIC) Government-Wide Acquisition Contract (GWAC) vehicles.

In conducting market research for this recompetition, the Contracting Officer has determined that the services provided under the current NIMH task order remain within scope of the IT services and solutions of the CIO-SP3. Furthermore, there are capable small business contract holders such as the current contractor, DHL, LLC, that can provide the services that NIMH requires. It is anticipated that the recompetition will be solicited as a small business set-aside on NITAAC under its CIO-SP3 Small Business GWAC to ensure fair opportunity.

5. Identification of the justification rationale [see 16.505(b)(2)] for exceptions to the fair opportunity process

a. Interest of Economy and Efficiency. FAR Subpart 16.505(b)(2)(i)(C) –

This order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an existing task order already issued under the CIO-SP3 contract, which did provide for all awardees to be given a fair opportunity to be considered for the original order during the solicitation phase.

At this time there will be unacceptable delays in fulfilling the NIMH requirements, hence why the relationship between the initial order and the follow-on is logical in terms of scope and ensuring continuity without a lapse in services that include critical IT security components.

The current contractor is providing services under the existing task order that has critical key personnel supporting various Information Technology and Business intelligence initiatives. The current contractor has been providing consistent and effective support in accordance with the SOW requirements, which are tailored to the Institute’s unique infrastructure and operational requirements and has an in-depth understanding of NIMH’s legacy systems, security protocols, request and escalation process, and end-user support needs. Transitioning to a new contractor without sufficient time in the acquisition process to recompete it at this critical juncture would create substantial risk to service continuity, compromise cybersecurity posture, and require extensive transition planning that would impede Agency plans for enterprise level IT consolidation efforts. Examples include serious risks in not having support by the Contractor to NIMH ITB Cyber Security in protecting the NIMH IT environment against security threats and vulnerabilities.

It is anticipated that the issuance of a new task order shall include a transition should there be a new contractor.

6. Determination by the Contracting Officer that the anticipated cost to be fair and reasonable.

The Contracting Officer will utilize price analysis methods described in the FAR to ensure that the quoted price for the extension is fair and reasonable. As this is a short-term extension to the current task order, it is anticipated that the same pricing will be used, which was previously determined to be fair and reasonable at time of the base award.

7. Any other facts supporting the justification.

None.

8. Statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made.