C-1. JEFO Justification for Exception to Fair Opportunity_Final_fs_Redacted.pdf

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.

An additional 3-month extension to the current order from October 25, 2025 through January 24, 2026 is needed to ensure these excepted services continue while the renewal, which is currently in the evaluation phase of the procurement, is ongoing. Information pertaining to the current task order 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 – October 24, 2025 (16-months) Total amount obligated to date: $10,034,263.21 (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 - to cover the period between the expiring task order and the ongoing competitive procurement

Follow-on Other (specify): Modification to extend excepted services by 3-months

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.

POTS Number: 26-000020

Requisition: TBD (This modification will be subject to the availability of funds pursuant to FAR Clause 52.232-18 during a lapse in appropriations.)

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

The total estimated dollar value of the extension inclusive of the NITAAC fee is $ (FY26).

The period of performance of the proposed 3-month extension is anticipated to be effective on October 25, 2025 through January 24, 2026.

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.

The Contracting Officer in coordination with the Program Office have determined that the services provided under the current NIMH task order remain within scope of the CIO-SP3 IT services and solutions provided, which it was initially competed under. In conducting market research for the recompetition during calendar year 2025, it was determined that there were capable small business contract holders that can provide the services that NIMH requires. As a result, the recompetition was solicited as a small business set-aside on NITAAC under its CIO-SP3 Small Business GWAC while continuing to ensure fair opportunity.

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

a. Urgent Need. FAR Subpart 16.505(b)(2)(i)(A) —The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

At this time during an ongoing government shutdown that took into effect on October 1, 2025, there will be unacceptable delays in fulfilling these critical IT services in support of NIMH if it does not continue.

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 complete the recompetition 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.

A request by the Institute for an emergency exception under the Anti deficiency Act (31 U.S.C. § 1342) to authorize the Department to obligate funds in advance of appropriations for the extension of this order was cleared by the Department’s Office of the General Counsel.

The excepted services provide institute-wide end user (help desk) and business intelligence support for the National Institute of Mental Health (NIMH) and is essential to maintaining critical IT operations that support over 2,500 devices, three major operating systems, and the infrastructure that underpins our scientific mission.

These excepted services qualify under the emergency exception to the lapse in appropriations, as the services are necessary to protect government property and scientific investments. Any interruption would result in administrative burdens, operational inefficiencies and risk to programs including patient care/clinical components, and significant IT security risk to the organization.

The risk of a lapse in coverage would result in an imminent threat to federal property and scientific assets, including:

Permanent disruption to NIMH information systems or potential loss of scientific data;

Increased cybersecurity risks and threats to the confidentiality and integrity of NIMH systems;

Unresolved technical failures that directly impact research operations.

Additional risks include the loss of specialized IT expertise and institutional knowledge critical to supporting complex research coordination across the Institute. These services are essential to the protection of government property and the continuity of operations that support public health research.

This action will ensure continuity of mission-critical IT services while the current recompetition for the long-term requirement, which is in the evaluation phase remains ongoing. There is no way to pause this contract activity pending the cessation of the lapse without significant harm to information functions that are needed continuously during the funding lapse, and there is no alternative skilled manpower to substitute. Further, the threat to property is reasonably near at hand and demands immediate response. This is legally supported by the Department as an emergency exception to the lapse.

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. Given this is a 3-month extension to the current task order, the estimated price is determined to be fair and reasonable in accordance with the previously accepted rates.

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.

a. Removal of barriers to competition.

NIDA OA and NIMH acknowledge the importance of promoting competition and reducing barriers to fair opportunity. Currently, the NIMH is in the process of recompeting these critical IT services, and more time is needed that was in part delayed due to the current government shutdown. Market research conducted will be factored into the decisions made for future procurements for these services to ensure competition as well as meeting Agency small business goals.

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

No other sources have expressed an interest, in writing, in this contract action to extend the current services under this task order by three additional months.