D2d J-and-A-Other-Than-Full-and-Open urgency redacted.pdf

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

Completion Instructions: The Department of Health and Human Services (HHS) has established a standard template for the preparation of a J&A for Other Than Full and Open Competition. If this is an 8(a) set-aside, please note this form is not required unless the acquisition is valued (including all options) at greater than $22 million. This template is NOT applicable for actions using simplified acquisition procedures (FAR Part 13), Federal Supply Schedule orders (FAR 8.4) or task or delivery orders subject to fair opportunity (FAR 16.505).

Tailor all aspects of this template to the individual acquisition. Consult FAR Subpart 6.3 for guidance. An addendum may be added in case additional space is needed.

When this document is printed, the blue italic instructions are automatically deleted on the printed version.

Acquisition Title:

Agency:

Acquisition Year (FY):

Author and Title:

2. Description of Action:

Nature: New Requirement Follow-on Requirement

Modification to Existing Purchase Order/Contract Number:

Pricing: Firm-Fixed Price Time & Materials Cost

Other:

Funds: OMA Other Funds:

Name of Proposed Contractor(s):

Street Address:

City, State, Zip:

3. Description of Services or Supplies:

Basis for Approval (FAR 6.303-1(d)): Individual Basis Class Basis

The total estimated value of the proposed action, including all options is $

As applicable, briefly describe the services or supplies required to meet the agency's needs, including make & model number where appropriate. Include quantities of supplies or period of performance for services. Provide information for any options included. If the action is a modification to an existing contract, distinguish clearly between the work covered by the original contract and the work to be obtained by the proposed modification.

https://www.acquisition.gov/far/part-8#FAR_Subpart_8_4 https://www.acquisition.gov/far/part-13 https://www.acquisition.gov/far/part-16#FAR_16_505 https://www.acquisition.gov/far/part-6#FAR_Subpart_6_3 https://www.acquisition.gov/far/part-6#FAR_6_303_1

4. Authority and Rationale: Identify the statutory authority, FAR title and FAR citation permitting other than full and open competition. It may be one of the following most commonly used citations by the operating divisions of the Department of Health and Human Services (HHS), but other exceptions may apply per FAR Subpart 6.3.

Actions other than simplified acquisition procedures (select only one and provide an explanation):

FAR 6.302-1: Only one responsible source and no other supplies or services will satisfy agency requirements, 41 U.S.C.

3304(a)(1)

Explain why the intended contractor is the only responsible source who can provide the required supplies or s ervices.

Discuss the unique capabilities, expertise, etc. that support the lack of competition/why no other type of supplies or servic es will satisfy agency requirements. Explain factors/unique qualifications such as proprietary data or exclusive licensing rights, if applicable. When competition is limited to items particular to one manufacturer, this justification must explain why the particular brand name, product, or feature is essential to the Government's requirements, and that market research indicates other companies' similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet the agency's needs in accordance with FAR 11.105. If in connection with a follow-on contract for continued development or production of highly specialized equipment, detail the substantial duplication of cost or unacceptable delays.

FAR 6.302-2: Unusual and compelling urgency, 41 U.S.C. 3304(a)(2)

If unusual and compelling urgency is the basis for the justification, explain the chronological events leading up to the requirement and explain why time constraints cannot permit even a limited competition. Describe the detrimental effects/ serious injury to the mission of the requiring activity or to the government, financial or otherwise, that will result if this justification is not approved. Describe impact of required delivery/performance date. Describe the detrimental effects/ serious injury to the mission of the requiring activity or to the government, financial or otherwise, that will result if this justification is not approved and the product or service cannot be provided by the intended sole source contractor. Failure to plan for expiring funds is not a valid reason for citing this exception. May not exceed one year, including all options, unless the head of the agency determines that exceptional circumstances apply.

FAR 6.302-5: Authorized or Required by Statute, 41 U.S.C. 3304(a)(5)

Provide a citation to the statutory authorization and a brief description of its content, or identify the specified source or other agency.

Other (See FAR Subpart 6.3 for additional authority)

Provide the authority and citation to the applicable section of FAR 6.3.

Provide a full explanation to justify use of the exception.

5. Agency Actions to Take or Remove Barriers That Led to Other Than Full and Open Competition (If applicable):

Describe the actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration prior to any subsequent acquisition for the supplies of services is made. If no such actions have been taken, explain why.

https://www.acquisition.gov/far/part-6#FAR_6_302_1 https://www.acquisition.gov/far/part-6#FAR_Subpart_6_3 https://www.acquisition.gov/far/part-11#FAR_11_105 https://www.acquisition.gov/far/part-6#FAR_6_302_2 https://www.acquisition.gov/far/part-6#FAR_6_302_5

6. Bridge Contracts:

For contract extensions or bridge contracts when a competitive follow-on is in the process of being developed, summarize history of current contract and explain the reasons for any delays in the acquisition. Include discussion of the milestones f or the follow-on action; the milestones should be as efficient as possible. Discuss why it would be neither cost effective nor realistic to expect another contractor to perform during the brief interim period; include issues such as start -up costs, phase-in, transfer of GFP, recruitment and staffing, etc. If the action is because of a protest, provide a brief discussion of the protest including the date the protest was filed and the basis of the protest. Explain that the action will provide the minimum quant ity or performance period.

7. Actions to Increase Competition:

Describe efforts made to compete the action, including whether a notice was or will be publicized as required by FAR Subpart

5.2 or which exception under FAR 5.202 applies. If a notice was publicized, discuss the number of written responses to the synopsis and the results of the assessment of the written responses. List sources, if any, that expressed, in writing, an interest in the acquisition. Provide rationale if interested sources were rejected. If applicable, state that no other sources have expressed interest, but all offers received shall be considered. Describe what actions will be taken to increase competition before subsequent acquisition of the supplies or services is required. You may state that an action is a one-time requirement, but if a similar requirement arises, every effort will be made to compete it to the maximum extent possible. If action is sole source because of proprietary data or licensing rights and there will be a continuing need for the requirement, there must be evidence that advanced planning has been initiated to overcome the barriers to competition, or there should be documentation to support an analysis that replacement costs/licensing purchase costs outweigh the benefits of competition. If the action is a contract extension or bridge, explain actions to compete the follow-on. If action is an urgent new requirement and a competitive follow-on is anticipated, explain that efforts are underway to facilitate a full and open competition.

8. Market Research:

Describe the extent of the market research conducted to identify all qualified sources and the results thereof. “Market Research” is defined as those attempts you made to ascertain whether other qualified sources exist, and can include contact with knowledgeable experts regarding similar or duplicate requirements, contact with industry, results of a sources sought synopsis, or draft solicitations. Research of the marketplace may consist of written, electronic (i.e. email) telephonic, or world wide web inquiries. Lack of advanced planning is not an acceptable reason for the lack of market research, but true urgency may necessitate abbreviated market research that is limited to readily available historical and commercial information. If ac tion is a contract extension or bridge contract, describe the market research efforts underway or completed for the follow-on. See FAR 10.002(b)(2).

9. Procurement History:

Purchase order or contract number:

Was action competed? Yes No

If action was not competed, state the cited authority, summarize rationale, and describe the actions that were supposed to be taken to increase competition and the results thereof:

https://www.acquisition.gov/far/part-5#FAR_Subpart_5_2 https://www.acquisition.gov/far/part-5#FAR_Subpart_5_2 https://www.acquisition.gov/far/part-5#FAR_5_202 https://www.acquisition.gov/far/part-10#FAR_10_002

10.Additional Information to support the justification:

If applicable, explain why technical packages or specifications to facilitate competition were not developed or available;

describe actions taken to remedy the situation.

11. Technical / Requirements Certification: By my signature below, I certify that the supporting data included in this

J&A is accurate and complete.

Program Manager

Name:

Position Title:

Email address:

Phone:

Program Manager Supervisor (or one level above Program Manager)

Name:

Position Title:

Email address:

Signature:

Date:

12. Fair and Reasonable Price/Cost Determination: As Contracting Officer, by my signature below, I hereby determine that the anticipated price/cost to the Government for this contract action will be fair and reasonable.

Provide the basis for this determination, e.g., describe techniques to be used to determine fair and reasonable price (FAR Subpart 15.402), such as price analysis, cost analysis, cost realism. Per FAR Subpart 15.403-4(a)(1), the threshold for obtaining cost or pricing data is $750,000.

Name: Phone:

Signature: Date:

13. Contracting Officer's Approval (Required for proposed contract not to exceed $700,000 (value calculated including all options)): I hereby certify that this justification is accurate and complete to the best of my knowledge. I approve this justification subject to availability of funds, and provided that the services and supplies herein described have otherwise been authorized for acquisition.

Name: Phone:

Signature: Date:

https://www.acquisition.gov/far/part-15#FAR_15_402 https://www.acquisition.gov/far/part-15#FAR_15_402 https://www.acquisition.gov/far/part-15#FAR_15_403_4

14. Legal Review:

All J&As greater than $68 million must have a legal review from the General Law Division of the Office of the General Counsel prior to sending it to the Department.

15. OPDIV Competition Advocate Approval (Required for proposed contract over $700,000 but not exceeding $13.5 million (value calculated including all options)):

I have reviewed this justification and find that it adequately supports other than full and open competition.

Name:

Phone:

Signature:

Date:

All J&As greater than $68 million must have a review from the Office of Small & Disadvantaged Business Utilization (OSDBU) prior to sending it to the Department. The OSDBU at their discretion may review any J&A.

16. Office of Small and Disadvantaged Business Utilization Review: (Required for contracts exceeding $68 million (value calculated including all options)):

Concur:

Non-Concur:

17. OPDIV HCA Approval (Required for proposed contract over $13.5 million but not exceeding $68 million (value calculated including all options)):

18. Department Competition Advocate (Required for contracts exceeding $68 million (value calculated including all options)):

Concur:

Non-Concur:

(The below approval paragraph is required if the cumulative contract value, including all options, exceeds $68 million.)

19. HHS Senior Procurement Executive (SPE) Approval:

Based on the foregoing justification, I hereby approve other than full and open competition for the above stated procurement, subject to the availability of funds, and provided that the services herein described have otherwise been authorized for acquisition.

State supplies/services being procured:

State the full statutory authority and FAR cite and title, consistent with paragraph 4, e.g. 41 U.S.C. 3304:

The Contractor is required to provide all management, supervision, labor, supplies, equipment, permits, licenses, certificates, training, documentation, guidance for operations, materials, and transportation to provide professional guard services necessary to accomplish the services as described within the performance work statement including the following:

A. Monitoring and responding to mechanical and electronic fire alarm systems and electronic security systems inside buildings;

B. Participating in fire and other evacuation procedures;

C. Providing unarmed and armed security; responding to facilities and boundary perimeters of the facilities;

D. Controlling access and exit of personnel (government employees, contractors, vendors, visitors) and vehicles, to owned and leased facilities;

E. Operating metal detectors and x-ray equipment, to prevent unauthorized access to facilities and grounds;

F. Issuing and controlling photo identification badges and visitor /temporary badges;

G. Operating explosives detection equipment, pop-up barriers, and general security related equipment;

H. Assisting in the prevention of loss, theft, or damage to Government property;

I. Coordinating with on-site and responding local law enforcement personnel, and J. Responding to incidents (with written response plans) occurring on CDC owned and leased facilities;

This is a Justification & Approval (J & A) to extend that contract. The current contract ends on 12/31/2025 and an extension is required in order to get a new contract in place. The work to be performed under the contract will not change, this modification will merely extend the Period of Performance by 3 months from January 1, 2026, through March 30, 2026, with an additional 3-month option period from April 1, 2026 through June 30, 2026, as well as the inclusion of FAR 52.217-8 Option to Extend Services to allow for additional time if needed.

These Guard services are mission-critical to the CDC’s Public Health mission. The CDC requires continuous and reliable security guard services to safeguard personnel, property, and sensitive research facilities at its Atlanta and Ft. Collins campuses. All five CDC campuses supported by this contract have active laboratories and research support buildings, some operating 24/7, and these guard services are necessary to protect CDC personnel, property, sensitive research, as well as dangerous select agents. The recent August 8, 2025, shooting, highlights the urgency of these services. In order to avoid unacceptable risk to CDC personnel, any lapse in these guard services result in the shutdown of the affected campuses. This would have a potentially catastrophic impact on the CDC’s Public Health mission and potentially national security.

The current contract expires on December 31, 2025, and the Procurement Action Lead Time (PALT) for a new contract is more than 165 days, so a new award is not feasible prior to December 31, 2025, when the current contract ends. Even a limited competition is not realistic because only the incumbent contractor can provide these services starting January 1, 2026. Only the incumbent contractor can provide these services during the necessary extension because no other contractor has trained staff on location ready to provide these services without needing a lengthy transition period and/or exorbitant startup costs. Any other contractor would lack the necessary badged personnel, security clearances, and licensing, and would need to recruit, hire, onboard, and train new staff for these campuses. In addition, the incumbent contractor has a familiarity with the site, programs, and local hazards that uniquely enable them to perform this work on short notice.

As previously mentioned, the failure to execute this modification extension would necessitate the closing of the five impacted CDC campuses, which would have catastrophic effects on the CDC's Public Health mission including campus and laboratory shutdowns which would lead to: study delays/cancellations, increases in program costs, decreased monitoring of deadly public health risks, potentially increased public health risk worldwide, potential exposure of sensitive data, and even the potential public exposure of federal select agents which would constitute a national security risk.

Therefore, since a new award is not possible in time to avoid a lapse in services, and these services are mission-critical, an extension of the current contract is necessary in order to avoid a lapse in these services prior to award of a new contract. Chenega Global Protection LLC (Chenega) is the incumbent contractor providing these guard services at the CDC’s three Atlanta campuses, as well as the Ft. Collins, and San Juan Campuses. Based on this unique situation it is in the best interest of the Government to award a modification to allow services to continue under the current contract with Chenega Global Protection, LLC.

The CDC is currently in the process of procuring a new 8(a) contract to an Alaska Native Corporation (ANC) for these guard services. The new contract will be awarded under the authority of 41 U.S.C. § 3304(a)(5), implemented by FAR 6.103-5 which permits contracting officers to limit competition when authorized or required by statute — in this case, under the Small Business Act and FAR Subpart 19.108 for 8(a) awards. Requirements like this one that have been accepted by the SBA into the 8(a) program must remain in the 8(a) program (see FAR 19.108-11(a)) unless the government complies with the requirements of FAR 19.108-11. A new award can’t be made to the incumbent because Chenega Global Protections LLC (Chenega) has graduated from the 8(a) program, and therefore a new award can’t be made to either Chenega, or to an 8(a) owned by the same Alaska Native Corporation.

Text80: As previously mentioned, the original security guard contract (75D301-20-C-08513) was set to expire on November 30, 2024. However, a modification under FAR 52.217-8 was issued to extend services until May 31, 2025. This extension was necessary to allow adequate time for a new contract to be established and to prevent any interruption in these mission-critical services. However, while conducting market research for the new award, the CDC faced additional delays that were outside the government's control. For instance, a mandatory communications pause halted procurement activities, and additional disruptions occurred due to reorganizations within the CDC. As a result of these delays, the current bridge contract was awarded, extending guard services through December 31, 2025. This extension was intended to provide sufficient time for the new contract award. As previously mentioned, a new award can’t be quickly made to the incumbent because Chenega Global Protections LLC has graduated from the 8(a) program, and therefore a new award can’t be made to either Chenega, or to an 8(a) owned by the same Alaska Native Corporation.

However, since then, a security incident on August 8, 2025, involving a shooting at the CDC headquarters, necessitated an urgent contracting response, which diverted procurement resources. In addition, a recent 43-day government shutdown further reduced the procurement time needed to meet critical timelines for the new contract award. As previously mentioned, the new award is estimated to take more than 165 days per Procurement Action Lead Time (PALT) guidelines for a contract of this size. The time extension will enable the CDC to finish updating contracting documents, get approval from the SBA and the SPE for the award of a sole source contract, and solicit and negotiate the new contract.

It is not cost effective or practical to attempt to on-board any other contractor for sensitive security services without allowing time for sufficient phase-in/phase-out and transition. As previously discussed, only the incumbent contractor can provide these services during an extension because no other contractor has trained staff on-location ready to provide these services without requiring a lengthy transition period and/or exorbitant startup costs. Any other contractor would lack the necessary badging, licenses, and security clearances, and would need to recruit, hire, on-board, and train staff for these campuses. In addition, the incumbent contractor has a familiarity with the site, programs, and local hazards that uniquely enable them to perform this work on short notice.

Based on this unique situation it is in the best interest of the Government to award a modification to allow services to continue under the current contract with Chenega Global Protection, LLC. The proposed 3-month extension through March 30, 2026, with an additional 3-month option period from April 1, 2026 through June 30, 2026, as well as the inclusion of FAR 52.217-8 Option to Extend Services to allow for additional time if needed will enable the government to only extend the minimum amount of time necessary to award a new contract of this complexity and magnitude.

For the new award the CDC previously conducted focused market research among eligible Alaska Native Corporation (ANC) 8(a) firms capable of providing armed security guard services for CDC facilities. Several ANC 8(a) firms were reviewed to assess experience, technical capacity, and compliance infrastructure.

• Comparison to prior CDC security contract actions and an independent government cost estimate (IGCE);

• Verification against Service Contract Act (SCA) wage determinations and collective bargaining agreements (CBAs) that establish wage floors;

• Cost analysis of direct labor, overhead, and general and administrative costs.

Because the contract is labor-driven with clearly defined posts and hours, CDC can objectively analyze cost reasonableness without relying on competition.

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