FBO_Redacted_SSJ_-_Credentialed_N62645-15-D-5012-0001.doc

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

1. Identify the agency and contracting activity.

This justification is executed by the Naval Medical Logistics Command, Fort Detrick, Maryland on behalf of Naval Medical Center (NMC) Portsmouth, VA hereafter referred to as the medical treatment facility (MTF).

2. Nature/description of the action/contract type.

Donald L. Mooney Enterprises, LLC. DBA Nurses ECT. Staffing, for the existing medical services currently being provided under Contract N62645-15-D-5012, Task Order 0001. The contract has an ordering period ending 30 September 2018. It is noted that this requirement is currently satisfied under the aforementioned task order which contains an upcoming option period 2 that was anticipated to be exercised for the POP 01 July 2017 – 30 September 2017. However, at the request of the requiring activity, and to better utilize the funding they have, the decision has been made to forego the exercising of the upcoming 3 month option period and instead to issue a logical follow on to reflect a full year POP 01 July 2017 – 30 June 2018. It is also in the Government’s best interest to add an additional one year option period and a final 3 month option period to allow the Government the ability to exercise the option for continued services through 30 September 2018. For further explanation, please refer to the PNM contained in the resulting award file.

3. Description of supplies/services.

The government intends to execute a bilateral follow on task order to the aforementioned task order for an entire year, as well as add an additional one year option period and a final 3 month option period to allow for the healthcare services to continue at the Medical Treatment Facility while the successor contracts are being awarded to align with the base contract ordering period.

The follow-on task order will mirror the following services Nurses Ect. is currently providing:

Licensed Clinical Social Worker (LCSW) (5 Individuals) Marriage and Family Therapist (2 Individuals)

Recreational Therapist (3 Individuals)

Art Therapist (1 Individual)

Substance Abuse Counselors (9 Individuals)

Radiologic Technologist (Coverage)

Surgical Technologist (1 Individual)

Medical Technologist (1 Individual)

Psychiatric Technician (1 Individual)

Medical Laboratory Technician (Coverage)

Medical Assistant (Coverage) The follow-on task order will have a base period of performance of 01 July 2017 through 30 June 2018. The estimated value of this period is $2,381,418.16. The additional one year option period will have a period of performance of 01 July 2018-30 June 2019 with an estimated value of $2,429,046.52. The final 3 month option period for the period of performance 01 July 2019 – 30 September 2019 has an estiamted value of $619,406.86. The total dollar value associated with the resulting action is $5,429,871.55.

4. Identification of the exception to fair opportunity.

FAR 16.505(B)(2)(i)(C) states that, “The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.” In addition to the one year logical follow on period of performance, two options are being added to the resulting task order due to the administrative ease of adding options. This requirement was originally competed in accordance with the applicable contract ordering procedures. Due to the nature of the acquisition for services currently being performed by the contractor under this MATO, it is in the best interest of the Government to negotiate a base period of performance as well as two option periods to allow for the most effective use of resources. Recompeting the services currently being filled would result in substantial duplication of cost to the Government that is not expected to be recovered through competition. Such costs include the time of technical and contracting personnel to review and evaluate the requirement, proposal and task order; as well as the costs associated with re-credentialing if a new contractor is chosen. No other vendors under this MATO will be disadvantaged as these services would have been extended through a logical follow-on with the same contractor. The resulting task order will be awarded based on there being no change in scope to the current requirement and no changes to the Statement of Work.

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

In order to determine whether the contractor’s proposed price is fair and reasonable for the base period logical follow on as well as the additional option periods, the Contract Specialist and Contracting Officer will review the proposed price against current market research information available. If the contractor’s proposed price appears to be questionable for reasonableness, a justification from the contractor will be required in order to determine whether the proposed price is fair and reasonable. The Contracting Officer will determine the price to be fair and reasonable before completing the logical follow on for the base and option period.

6. Any other facts supporting the justification.

This contractor is successfully providing services and has already worked through recruitment costs and has established a system for tracking and providing staff that works well at the requiring MTF. Changing contractors could require a complete change in current staff, adding the costs associated with reviewing new credentialing packages and conducting orientation (during which time no services are provided).

7. Statement of actions to remove or overcome barriers that led to the exception to fair opportunity.

At this time there are no actions being taken to remove or overcome barriers leading to the exception to fair opportunity under this contract. The current contractor is successfully providing services under this contract. If the contractor does not continue to perform successful services under this contract, then it is possible that these services would be recompeted to all contractors under this MATO through a future competitive task order proposal request (TOPR) to allow contractors to propose pricing and competitively be awarded a task order.

8. By signing in block 11, the Contracting Officer certifies that this justification is accurate and complete to the best of their knowledge and belief.

9. By signing below, the technical or requirements personnel certify that any supporting data that is their responsibility and which forms a basis for the justification is complete and accurate.