EFO FOB - FINAL_Redacted.pdf

CUI

Justification Review Document for an Exception to Fair Opportunity (EFO}

Under FAR 16~505(b}(2)(i)(A)

Pro,ramlEquiprnent: Defense Health Agency (OHA) Facilities Enterprise (FE) (DHA-FE) HQ, San Antonio Facilities Operations Branch (FOB) Execution Sapport, DHA, San Antonio, TX.

Autli,ority: 10 United states Code 3406{c)(1) as implemented in Federal Acquisition Regulation (FAR~18.505(1:f)(2J(i)(A);. The agency need for the supplies or services is so urgent that providing a fair opportunity weuld result:in unacceptable delays.

Estimated Amount:_

Period of Performance (POP}: The period of performance. for six months of.services is 1 O September 2024 to 09 March 2025.

Prepared by:

Daniel Unsen Contract Specialist

"fechnical:

Pam Fisher Project Manager

Requirements:

Wesley Johnson Chief, Medieal Outfitting & Support Branch

Contracting Officer:

Marta Anerton Procuring Contracting Officer

SOURCE SELECTION INFORMATION

SEE FAR 2.101 AND 3.104

EFO Fadlities Operations Branch (FO.B) E~ion Support, DH,\ San Antooio

• I

Center Review&

1. bave re~ed thfs ju.s(fflmtlPn l:lfut find itaqequate to support the Justlfloatlon tor an e~oeption ta faJt oppc,rtu.nifY.

Pam Fisher Pro_;oot Manager

Nioole Boone Office of Small Busines:s Programs

Tamar Gerhart Office of CQQnsel

Marta Anerton oontraGttng Officer cur

(SooroeS:eleetion Information~ See FAA 2.101 and 3.104-4)

EFO Facilities Operations Branch (FOB) Exeeution Support, OHA, San Antonio TX

SCO-ALX and Headquarter Reviews

I have reviewed Ulis justification and find it adequate to support the justiftcation for an exception to fair opportunity~

Elizab'eth M. White HQ USACE Small Business Programs

Rebecca M. Dandine HQ USACE Technical Representative

Deena Braunstein SCO~ALX Office of Counsel

CU.I

{Sou re& Selection Information - See FAR 2, 101 and 3.104-4)

1. Contracting Activity: United States Army Corps of Engineers (USACE}, Huntsville Ehgineedng and Support Center, Huntsville {CEHNC), located at 300 Secured Gateway, Redstone Arsenal, Huntsville, AL 3580!.

2. Descri,ttion Qf Action: CEHNC., in support of DHA FOB San Antonio, requests approval et the EFO under the authority of FAR 16.505(b){2){i)(A) to establish a new Firm Fixed-Price (FFP} shQrt...:term task order (TO} fer six months of Proiect Support Services (PSS). The TOwUI be issued under contractW912DY..:24-0-0004. The period of performance is 10 September 2024 to 09 March 2025, and will be funded using FY24 Operations and Maintenance - Army (OMA}funds.

The intent of this EFO approval is to provide critical support to DHA for six months by awarding this non oompetitive task order award to NlKA Technologies (NIKA). NIKA ls currently performing the same work under TO W9:12DY ..:24-F-0287, also written under contract W912DY.-:24-0;..0004.

This new task order will include the following breakdown of FFP CLINs:

3. Description of Supplies!Servic.es! Under this task order, the contractor will provide all resources to successfully provide DHA Facilities Operatioos Branch execution support. Resources include technical, supervisor and administrafive personnel, materials, supplies, equipment, investigations, and studies necessary to provide .engineering oompliance and quality management support in support of the maintenance and repair of major building systems spanning all engineering disciplines to the DHA FE HQ and FOB in San AntoniQ, Texas.

4. Authortty Cited: 1Q United States Code 3406(c)(1) a$ imp[emented in Federal Acquisition Regulation 16. 5DS(b)(2)(~(AJ "ft]he Agency need forthe supplies ar services ls so urgent that providing a fair opportunity would re.suit in unacceptable delays."

5. Reason fot AuthMity Cited: The nature of the services drives the need for this EFO to provide critical services .. Any delay in awarding the TO could result in unacceptable delays impacting OHA's FO.B ability to support their mission .. This EFO will allow a TO for support of DHA's FOB. FOB's staff of engineers, highly technical support staff and life safety professionals provided under this. requirement is critical to DHA's ability to execute its mission of keeping over 200 Military Tr;eatment Facilities (MTFs) in operation around the world, thus ensuring Do.D service members and beneficiaries receive medical care. Without these personnel, the ability to provide direct support. to the MTFs is greatly jeopardized. Moreover, FOB's mission impacts. are extensive as tlh.tstrated in the following: •

(al lrttpaets OHA's abi11ty to scope. revtew, and submit _projects in Defense Medical Logistics Standard St.1pport software thus directly affecting the operations and maintenance o( the MTFs which rais.es life safety issues to patients and caregivers alike. This represents a subslanttal monetary loss over $600 million in FY24 funds.

(b} Impact a reduction o( 73% in Project Managers who coordinate with MTF facility managers and commanders to establish Logistics and Facility Sustainment Boards and requirement packages thus severely demgating the medical equipment life cycle replacement process of life safe.ty medical equipment

(c) Impact. of complete los:s of OHA's ability tQ develop scope of future maintenance requirements for their enterprise ~cilities which has second and third order effects in stQPping corrective and preventative maintenance actions as well as the _potential of having to shut down a facility due the noncompliance with the Joint Commission standards thus forcing beneficiaries to seek medical care in the private sector. Additionally, the disruption o( these services directly affects military readiness of the warfighter.

As NlKA fs Eilready performing the same work under TO W912DY-24...:F-02S7, it is the only contractor

{Source Selection Information - See FAR 2.101 and 3.104-4}

I that has qualified staff immediately availabfe to begin performins this critical and highly technical requirement. Due to the urgent nature of this work as explained above, the government does not have sufficient time to compete this among the MATOC holders without mis.sion failure. sfgnfficant.impact to patient care, and 11otential toss of life.

6. Efforts to Obtain Competition: No actions to ob1ain competition were made as doing so would result In unacceptable delays as referenced above.

7. Actions to Increase Competition: Due to the uJ"gent and critical nature of this work as explained abovei the government does nPt have suffipient time to oompete this contract Wilhout mission failure, significant impact to patient care, and potential loss of life.

6 .. Subcontracting competition: NIKA is a Small Business under North American Industry Classification System Code 5612..10, so the requirement to Suboontract under FAR Part 19 is not applicable.

9. M.arket Research: CapablJities of the existing MATOC holders were considered; however, due. to the breadth of the services, the highly technical expertise of the staff required as well as the urgency, it is not physically possible for another contractor to take aver and execute thjs work an short notice. No other market research was oonducted as doing so would result in unacceptable delays due to the reasons stated above.

10. Other Facts: Task Order W912.DY,:.24-F-0197 was awarded .to NIKA on 1 July 2024 with a period of performance that inctuded a 12-rnonth basce period and three (3:) 12'-month option periods. The FFP oontract, was oom~ed off t.he Med. ical Facilities.· Support Se·rv. i.ces (M. ~C .•. The total. award amo. qnt was --with a total contract value including an options of~ A protest was filed on 4 July 2024 to the U.S. Government Accountability Office (GAO) resulting in a complete work stoppage:. An EFO was approved. to execute a short"term direct award TO (W912DY:..24-F-0287} to the incumbent {NIKA) With a POP of 09 August 2024 to 09 September 2024 to minimize impact to ttte work stoppage. On 9 August 2U241 GAO dimnissed the protest based on the agency taking corrective actions. A Request For Proposal has been issued to the MFSS IIIA MATOC pool with a proposal due date of3 September 2024.

The protested TO, W912DY-24-F-0197,was competitive and awarded timely to meet the mission requirements.

Additional award time: for W912DY:.24-F-0197 was not considered as there was no expectations of a protest. It should be noted that under the 2.017 National Defense Autn(l)rization Act, DHA was 1n take oier the management of DOD's MTF in a phased approach by 2020. Due to COVID they witnessed over a year's delay in mission start up .. Since then., through the evolution of managing this. medical enterprise, DHA made adjustments affeoting future oontract efforts. The res1.1Jts -,re this FOB task order, the Project Oelive:ey Branch, and Eng.ineeting Operations task orders. Due to the adjustments made by DHA, several months of the procurement lead time was used up in the finalizing of the requirements documents. The six-month period of performance under this EFO was calculated based upon the time to re:compete FOB under oorrective actions and the added time of up to 100 days for GAO to provide a decision of another protest. Given the acquisition histo,.y, there is a hrgh likelihood ttrat the TO resulting from the EFO will be protested.

11. Technical Certification: I certify that the supporting data under my cognizance, which are inctuded in the justification, are accur-,te and complete to the best of my knowledge and belief.

Pam Fisher Project Manager

{Sou re& Selection Information - See FAR 2. 101 and 3.104-4)

EFO Fadlities Operations Branch (FO.B) E~ion Support, DH,\ San Antooio TX

12, Requirements certification: I certify that the supporting data under mycegnizance, whrch are included in the justifiootion, are :accurate and oomptete to the best of my knowledge and beJjef.

Wesley R. Johnson .Chief~ Medical Ouffiftlng & Transition

13, Fair and ... onable Cost Determination: I hereby determi.nethat the at:Jticipated cost to the GoVemment tor this contract action will be fatr and reasonable in accordance with FAR 15.404-1 (P)(2)(ii), comparison to himrtcal prices paid, and FAR 15A04-1(b){2)(v), oompartson of proposed prtcewrth the Independent Government Estimate (IGE) .. As part of thts basis,. certified cost and pricing data wlH not be required as commercial services are being aequired IAW FAR 15.403-1 (b)(3)(e)(3), Marta Anerton Procuring Contract Officer

14. Contracting Officer Cedification: J ~ that this justification ts acmJ.rate and complete to the best pf my knowledge and belief.

Marta.Anerton Procuring contract Officer

(Source Selection Information -See FAR 2.101 and 3.104-4)

EFO Facilities Operations Branch (FOB) Execution Support, DHA, San Antonio TX

APPROVAL

Based on the foregoing justification, I hereby approve the procurement of DHA Facilities Operation Branch Support Contract for a 6-month period of performance that equates to a total contract value of on an other than full and open competition basis pursuant to the authority of 10 United States Code 3406(c)(1) as implemented in Federal Acquisition Regulation 16.505(b)(2) subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

RACHAEL RAPOSA

Alternate Advocate for Competition -Alexandria

(Source Selection Information - See FAR 2.101 and 3.104-4)