AE_HHS_J_and_A.1.pdf

ATTACHMENT 1

Justification for Other than Full and Open Competition

Justification for Other than Full and Open Competition

"Source Selection Information - see FAR 2.101 and 3.104"

1. Identification of the agency and contracting activity. Health Resource and Services Administration (HRSA), Office of the Acquisitions Management and Policy (OAMP)

a. Federal agency and contracting activity. U.S. Department of Health and Human Services (HHS)/ HRSA

b. Sponsoring organization. Bureau of Primary Health Care (BPHC), Office of Policy and Program Development

c. Project Officer information.

• Project Officer name. Heather Lee

• Mailing address. 90 7th Street, Room 8-100, San Francisco, CA 94103

• E-mail address. hlee@hrsa.gov

• Telephone number. 415-437-8610

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

a. Acquisition purpose and objectives.

This BPA and any associated call orders will accommodate reviews of existing open grants and projected new awards within BPHC that involve equipment, alteration & renovation and construction activities that require further environmental and historic preservation compliance reviews. HRSA must review grants to ensure the allowability, allocability, and reasonableness of costs as well as conformance with the requirements of specific funding opportunities, and other Federal laws. This includes budgets, schematics, and related architectural and engineering reviews.

The contract activity will support the Architectural and Engineering submission review effort. Due to the new funding opportunities expected in, the work is required to support HHS missions for community health centers.

This contract supports the principle of Sustainability, in that it provides health centers and grants awardees with an opportunity to support the modernization of their facilities in order to provide patient-centered health care. The contract supports the HHS principle of Stewardship, in that it supports the review and compliance of projects against applicable Federal environmental and historic preservation laws.

Without this activity, HRSA will not be able to ensure that it is compliant with overarching grant and program specific requirements. The skill, expertise and resources to conduct these reviews cannot be fully met in-house. Utilizing only the current HRSA technical staff would result in longer and less efficient application reviews and decreased responsiveness to technical assistance requests.

In addition, there is a high risk of negative short and long term impacts, including potential Agency liability for compliance, and negative health impacts.

Project background.

The Department of Health and Human Services (HHS), Health Resources and Services Administration (HRSA), requires contract support for Architect and Engineering (NE) technical assistance and assisting with the reviews offederally assisted construction and modernization projects. This contract will provide architectural and engineering technical support for application reviews, compliance reviews, technical assistance, and post-award oversight for the HRSA BPHC and its grantees.

The current contractor is Architectural Design and Consulting Services, period of performance 9/29/17 to 9/28/19. The total dollar amount is approximately $920,000. This award was competed.

3. Description of the supplies or services required to meet the agency's needs (including the estimated value).

Project title. Architect and Engineering Technical Assistance Blanket Purchase Agreement (BPA)

Project description.

The purpose of this BPA is to obtain Architecture and Engineering services to perform program and A/E reviews. Additionally, the contractor shall perform outreach to award recipients and HRSA staff to ensure compliance with applicable federal statutes and regulations. The services shall augment HRSA's capacity to review, monitor, ensure compliance with Federal laws, and provide technical assistance on NE projects, A/E documentation and related reviews for Federal A/E assistance programs. Please see the Statement of Work.

• Requirement type.

□ Research & development (R&D)

□ R & D support services

□ Support services (non-R&D)

□ Supplies/equipment

□ Information technology (IT)

□ Construction

□ Architect-engineer (A & E) services

□ Design-build X Other (specify): _A&E technical reviews _______ _

• Type of action.

x New requirement

□ Follow-on

□ Other (specify): ________ _

• Proposed contract/order type.

X Firm-fixed-price

□ Other fixed-price (specify, e.g., fixed-price award-fee, fixed-price incentive-fee): _ ___ _

□ Cost-plus-fixed-fee

□ Other cost reimbursement (specify, e.g., cost-plus-award-fee, cost-plus-incentive-fee): ____ _

□ Time and materials

□ Indefinite delivery (specify whether indefinite quantity, definite quantity, or requirements): ____ _

□ Other (specify): ____ _

□ Completion Form □ Term form

• Acquisition identification number.

Procurement identification number BPHC2 C 2307

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

Sixty (60) months with an estimated threshold of up to $700,000

4. Identification of the statutory authority permitting other than full and open competition.

X This acquisition is conducted under the authority of 41 United States

Code (U.S.C.) 253(c)(_) as set forth in Federal Acquisition Regulation

(FAR) 6.302- _ 1_.

Citations: 10 U.S.C.2304(c)(1) or 41 U.S.C.3304(a)(1).

□ This acquisition is conducted under the authority of section 4202 of the

Clinger-Cohen Act of 1996.

□ This acquisition is conducted under the authority of the Services

Acquisition Reform Act of 2003 (41 U.S.C. 428a).

5. Demonstration that the proposed contractor(s) unique qualifications or the nature of the acquisition requires use of the authority cited.

Olshensky Design group is the ideal contractor positioned to provide a seamless execution of this requirement primarily because of its successful past involvement, and its expertise as well as its knowledge of BPHC and the Healthcare construction environment. Olshensky Design group has developed a unique understanding of the

BPHC's architecture and has provided a wide variety of services in the areas described in

Section 5.b. below. Previously, HRSA opened this requirement as a small business competitive requirement that resulted in two proposals and the performance did not provide for the same understanding of this complex project. Competing this requirement again would result in the loss of valuable institutional knowledge, additional time and expense, lengthy personnel security clearance processing, and a need to brief and indoctrinate new contractor personnel. These factors, which would lead to a significant cost to the Government, justify an exception to fair opportunity in the interest of economy and efficiency.

a. Name and address of the proposed contractor(s).

Olshesky Design Group, 212 S. Henry Street, Third Floor, Alexandria, VA 22314

b. Nature of the acquisition and proposed unique qualifications of the contractor(s).

As part of its mission to manage HRSA and BPHC's mission to receive construction authority through a variety of laws and special appropriations including, but not limited to, the Health Centers Consolidation Act of 1996, the American Recovery and

Reinvestment Act, and the Patient Protection and Affordable Care Act of 2010, BPHC has the need to a contractor support to provide the technical assistance for the pre-grants awards reviews as well as the post awards reviews prior and after construction begin to maintain the safety of patients.

The primary objectives of the A&E Technical Assistance BPA are:

• Training of the Grauntees to become eligible and conduct such reviews.

• Program and A&E Technical Review Assistance

• Pre-award A&E Project Technical Review

• Post award submission Review

• Post award Project Changes Review

• Post Ward Project Re-budgeting Reviews

The period of performance would be sixty (60) months.

Each period of performance is estimated to issue call orders up to $150,000

This contractor has previously performed architect and engineering technical reviews under a previous contract, performed outstandingly, and is knowledgeable and competent in this area, along with the Federal requirement to meet the proper stands. The contractor is savvy in HRSA 's processes to accommodate the needs of a pre grant award versus post grant awards and their complex requirement. These services are only available through this contractor due to the contractor's specialized knowledge and experience with this work.

6. Description of the efforts made to ensure that offers are solicited from as many potential sources as practicable. Indicate whether a FedBizOpps notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies. Please see information in section 5.

7. Determination by the Contracting Officer that the anticipated cost/price to the Government will be fair and reasonable. The Contracting Officer would propose to use the labor rates established by the contractor and already found fair and reasonable and a level of effort and labor mix consistent with the current requirement. In this way, the Contracting Officer will determine the estimated costs to be fair and reasonable to the Government.

8. Description of the market research conducted (see FAR Part 10) and the results, or a statement of the reasons market research was not conducted.

Due to the complexity of the work and timing its results with pre grant awards as well as with post grant awards, it has been difficult for the program to find a contractor with proper capabilities to perform the tasks associated with this requirement. In the previous competition the response was nominal; the competition resulted in a BPA that became confusing to the awardee to follow. Additionally, costs, although awarded on a FFP basis, are attempted to be changed with each call order. The contractor is failing to adequately perform the tasks required due to lack of understanding of the level of effo1t required.

The option period of the current BPA was determined to not be exercised.

During this period of performance the Government did extensive market research on available sources, and involved other stakeholders to make sure a sole source is absolutely necessary.

This action will provide the Government sufficient time to finalize and solicit the requirement to the appropriate sources and still allow a transition time to reduce possible impacts to the mission.

9. Any other facts supporting the use of other than full and open competition.

Please see section 8.

10. Listing of sources, if any, that expressed, in writing, an interest in the acquisition.

HRSA has yet to finds an interested source in this action with the exception of the current proposed source.

11. Program office certification.

This is to certify that the portions of this justification that have been developed by the undersigned program office personnel, including supporting information and/or data verifying the Government's minimum needs, schedule requirements and other rationale for other than full and open competition, are accurate and complete.

Official

Contracting Officer

Representative

(COR)

COR's Immediate Supervisor

Head of the Sponsoring

Program Office

Name & Title Signature

12. Contracting Officer Approval and/or Certification.

Official Name & Title Signature

Contracting Shirley Karver Shirley Digitally signed by

Officer Shirley Karver -$

Karver -S ~;~,~~1-~:i3

Date