FA524019F0013 SOLE SOURCE JA_Redacted.pdf

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

CONTROLLED UNCLASSIFIED INFORMATION

March 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 2 of 4March 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 2 of 4

I. Contracting Activity.

36th Contracting Squadron Andersen Air Force Base, Guam Unit 14040, Bldg 22026

APO AP 96543-4040

II. Nature and/or description of the action being processed.

The 36th Contracting Squadron (CONS), in support of the 36th Medical Group (MDG), has a requirement to modify the Referral Management Licensed Practical Nurse (LPN) Services contract number FA524019F0013 to allow for an extension of services for no more than six (6) months.

FA524019F0013 is a task order written under the Defense Health Agency's (DHA) indefinite delivery contract vehicle (IDV) HT001418D0025, which has an ordering period of 25 July 2018 through 24 July 2024. The task order is Firm-Fixed Price and was originally awarded with one (1) Base Period and four (4) Option Years (POP: 19 April 2019 through 18 February 2024). The fourth and final option year Period of Performance (POP) end date is 18 February 2024. Referral Management LPN Services is an ongoing requirement and there is no follow-on contract in place. This extension will allow adequate time for the follow-on acquisition of the required services to be solicited through competitive means.

There is no follow-on contract in place due to 36 CONS's anticipated handover of 36 MDG contract requirements to the Defense Health Agency (DHA) in Fiscal Year (FY) 2023. Sections 702 and 703 of the FY2017 National Defense Authorization Act (NDAA), and subsequent legislation, directed several modernization efforts of the Defense Medical System, including the transition of Military Treatment Facilities (MTFs) from the Department of Defense (DoD) to DHA.

DoD was required to transfer the MTFs to the DHA by 30 September 2021. The transfer was to include DHA taking responsibility for budget, IT, administration and management, and military medical construction of MTFs. 36 CONS anticipated transferring all 36 MDG contracts to DHA in FY23, however the transfer has not been finalized and DHA requested that 36 CONS exercise this extension to ensure there is no break in service while they solicit and award a follow-on contract.

This action requires a non-competitive solicitation to the current contractor, Shadowbox Consulting Associates, LLC, for non-competitive pricing, which will result in a modification to the contract. This modification will add the necessary contract line items and non-competitive pricing which can then be exercised for extension of FA524019F0013 in accordance with FAR 52.217-8, Option to Extend Services, for no more than six (6) months. FAR 52.217-8, Option to Extend Services, was incorporated into the contract at the time of original solicitation and award, but pricing and the option contract line items were not priced or evaluated at that time.

III. Description of supplies/services required to meet agency needs.

The contractor shall provide a Licensed Practical Nurse for the Referral Management Center to provide utilization management activities to include the review and scheduling of medical referrals, coordination of specialty care, and the verification of eligibility of beneficiaries.

Anticipated extension Period of Performance (POP): 19 February 2024 through 31 July 2024.

Estimated value of this action:

IV. Statutory authority permitting other than full and open competition.

FAR 13.106-1(b)(1)

13.106-1 Soliciting competition.

(b) Soliciting from a single source. (1) For purchases not exceeding the simplified acquisition threshold. (i) Contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

March 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 3 of 4March 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 3 of 4

V. Demonstration that the contractor's unique qualifications or nature of the acquisition requires the use of the authority cited above (applicability of authority).

Shadowbox Consulting Associates, LLC has satisfactorily provided the required Referral Management LPN Services since the time of award. The contractor is familiar with requirements and has the necessary clearances, badges, and passes.

Maintaining continuity of this knowledge and access is critical to the continuation of services.

Additionally, transition to a new contractor for the limited period of time needed to complete the competitive follow-on acquisition would induce unnecessary and unacceptable delays and substantially increased and unwarranted costs.

The competitive follow-on acquisition for the continuation of these services beyond this extension is in the planning stages so it is in the Government's best interest to modify the current contract in accordance with FAR 52.217-8 to ensure a break in service does not occur.

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

The follow-on acquisition is anticipated to be solicited competitively by DHA.

VII. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

In accordance with FAR 13.106-3(a)(2)(ii), the Contracting Officer will determine Price Fair and Reasonable via comparison of the proposed price with prices found reasonable on previous purchase; comparison to the price of the most recent Option Year specifically.

Option Year 4 (19 February 2023 through 18 February 2024): $53,974.80

- Unit Cost: $28.71

- Qty: 1880 Hours

- No Federal Holidays

VIII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

Market Research was not conducted for this intended modification for an extension of services under the existing contract. Adequate Market Research is anticipated to be conducted by DHA prior to solicitation and award of the follow-on contract.

IX. Any other facts supporting the use of Other Than Full and Open Competition.

N/A

X. List of any sources that expressed, in writing, an interest in the acquisition.

N/A

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

The intention of this action is to allow the 36 MDG and DHA to plan, prepare, and solicit for the follow-on requirement.

Based on the previous competitive acquisition of the DHA parent IDV HT001418D0025, which received 29 offers, and the solicitation for FA524019F0013 which gave Fair Opportunity to the IDV holders wherein 12 offers were received, Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

March 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 4 of 4March 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 4 of 4 adequate competition for subsequent actions is anticipated.

XII. Certification by the Contracting Officer.

As evidenced by my signature above, I have determined this document to be both accurate and complete to the best of my knowledge and belief.

XIII. Certification by the technical/requirements personnel.

As evidenced by my (our) signature(s) above, I (we) certify that any supporting data contained herein, which is my (our) responsibility, is both accurate and complete.