CWMDAD SSJ for OHS Partnership with NACCHO - redacted_.pdf

Sole Source Justification (SSJ) FAR subpart 13.5, including Brand Name

Sole Source Justification for Simplified Acquisitions exceeding the SAT including brand name Rev. 4/2022 SSJ No.: FY24-00329 1

SSJ No.: FY24-00329

Date: September 12, 2024 PR Number: ROHS-24-00020

Pursuant to the requirements at 41 U.S.C. 1901 as implemented by Federal Acquisition Regulation (FAR) subpart 13.5 and consistent with the content requirements of FAR 6.303-2.

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), Office of Procurement Operations (OPO), on behalf of the Office of Health Security (OHS) Health, Food and Agriculture Resilience Directorate (HFAR) and the Countering Weapons of Mass Destruction (CWMD) Information Analysis Directorate – National Biosurveillance Integration Center (NBIC), intends to award a sole source contract.

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

DHS intends to award a sole source contract to the National Association of County and City Health Officials (NACCHO), 1201 Eye Street, NW, 4th Floor, Washington, DC 20005, using Simplified Procedures for Commercial Products, without seeking competition, for services from an organization with existing strong and trusted partnerships with over 3,000 local health departments across the country to implement effective health security policies and programs. This action is being taken pursuant to FAR subpart 13.501. NACCHO is the only organization that has the existing relationships, expertise, knowledge, familiarity, and infrastructure to provide activities across all of the tasks required to support the agency needs.

Sole Source Justification for Simplified Acquisitions exceeding the SAT including brand name Rev. 4/2022 SSJ No.: FY24-00329 3 is incomparable. They know the right people to bring to discussions, have the systems in place to do so, and maintain a level of trust and reliability that no other organization or company has shown. Many of the health security issues that DHS has equities in are not easy topics to discuss, as they present difficult challenges to local health departments. Having NACCHO as a critical, independent, trusted broker of tough discussions is invaluable.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable.

Market research was conducted from February 2024 to April 2024 as part of the planning for this proposed contract action in support of the DHS OHS HFAR and the CWMD NBIC. The market research included publishing Request for Information (RFI) 70RWMD24RFIP00002 on SAM.gov from March 6-29, 2024. Four responses were received and OHS and NBIC completed an RFI analysis of the vendor capability statements. Only one organization was found to be capable of meeting the requirements for this project. The other three vendors did not have the existing relationships, expertise, knowledge, familiarity, and infrastructure to provide activities across all of the tasks.

7. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer determines that the anticipated price will be fair and reasonable based on prior acquisition history performed within OHS and CWMD and the Independent Government Cost Estimate (IGCE). DHS also has experience with contracts executed with organizations serving the public health and medical communities and the IGCE was based on this past experience and prior work with NACCHO through Interagency Agreement (IAA) HSHQDC21IESD038 between DHS and the Center for Disease Control and Prevention

(CDC).

8. Description of market research.

In addition to the RFI published on SAM.gov, the market research also included interviewing DHS Subject Matter Experts (SME), other Government partners at HHS Administration for Strategic Preparedness and Response (ASPR) and the CDC in February 2024, the Strategic Sourcing Office in April 2024, and reviewing the acquisition history throughout the process.

OHS previously received some of the required services via IAA with the CDC, with NACCHO as the Servicing Agency. NACCHO is the organization that was recommended by several of the interviewees. ASPR and CDC partner with NACCHO to engage with local health department officials and their experience with NACCHO has been positive. ASPR and CDC indicated the value in NACCHO’s established, existing network of local health department officials and their ability to bring together the right local health officials based on their thorough knowledge of their strengths in specific topic areas and activities. They also emphasized their success in engaging with local health officials through NACCHO due to the strong trust that local health departments have with NACCHO based on their long-standing relationships. Services that OHS received from NACCHO were quite successful, but limited in scope compared with the requirements of the proposed contract action.

Sole Source Justification for Simplified Acquisitions exceeding the SAT including brand name Rev. 4/2022 SSJ No.: FY24-00329 4

9. Any other facts supporting the justification.

The OHS was established within DHS in July 2022. OHS's mission is to strengthen the Nation's health security through leadership and partnership, a safer and healthier DHS workforce, and optimal care for those entrusted to us. OHS is the principal medical, workforce health and safety, and public health authority for DHS. OHS has responsibility for coordinating with DHS components, Federal agencies, state, local, tribal, and territorial governments, and other community partners on efforts to protect the health security of the Homeland.

DHS has maintained assisted-acquisition partnerships in the past which included collaboration with NACCHO. From August 1, 2021 to July 31, 2022, when OHS was still under the CWMD Office, the IAA referenced above was executed between DHS and CDC.

Much of the work was carried out by NACCHO. The proposed contract action involves a much broader scope than the prior efforts. It also is cost-efficient as it eliminates the substantial servicing fee that was previously part of the IAA with CDC.

The DHS mission would be significantly impacted if this justification is not approved, and the services not provided. OHS and CWMD/NBIC policies and programs directly impact local health departments across the country every day. Not having the ability to work directly with these partners to obtain feedback, understand challenges, and receive input on the current impacts of DHS programs would severely impact the ability of OHS and NBIC to support health partners in developing and strengthening capabilities to prepare for and respond to health security threats. NBIC is congressionally mandated to provide early warning and shared situational awareness through dissemination of alerts and biosurveillance reports to local governments, therefore, NBIC must have discussions with local health departments to provide the right information to the right people at the local level. Similarly, OHS requires engagement with local health departments for several key projects, and without trusted partnerships and established mechanisms to bring the right local health department officials to the discussion, the outcomes of the work would be severely hindered and flawed.

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

A Request for Information (RFI) was issued as a part of the market research and indicated that four companies (Avid Core, RV Global Solutions, Inc., NUWAY Express, Inc., and National Association of County and City Health Officials) were interested in supplying requested partnership services, however, only NACCHO could meet all the requirements to provide the necessary services. The other three companies were only able to partially meet the Government’s requirements.

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for supplies or services required.

The idea of pursuing competition via multiple awards segregated by tasks or geographical regions was considered, however, it is unfeasible with OHS’s current staffing limitations to

Sole Source Justification for Simplified Acquisitions exceeding the SAT including brand name Rev. 4/2022 SSJ No.: FY24-00329 5 provide the necessary personnel to manage several contracts for this one project. Additional staffing in the future may allow the requirement to be divided by tasks or geographical regions to allow for more than one contract. This, though, is not a short term solution and cannot be implemented in time to fulfill the current need.

12. DHS intends to post the requirement pursuant to FAR 13.501(a)(1)(iii) and 6.305(a).

13. Technical/Requirements Personnel Certification. I certify this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

14. Contracting Officer Certification.

15. Approval.