DataExtraction_JA_v1jm-jbd_Redacted.pdf

FOR OFFICIAL USE ONLY - Source Selection Information – See FAR 2.101 and 3.104

JUSTIFICATION AND APPROVAL (J&A)

for

FAR Subpart 6.3 Other Than Full and Open Competition

DATA EXTRACTION

(June 21, 2018)

Justification and Approval for Other than Full and Open Competition

J&A Tracking No. 19-0087

1. Identification of the agency and contracting activity: The Defense Health Agency, Contracting Office - Falls Church (CO-FC), plans to award a sole source contract to Altarum for data extraction.

2. Nature and/or Description of Action being approved: This award will result in a new contract for one year to Altarum Institute. This is an individual justification.

3. Description of Supplies/Services required to meet the agency’s needs: This is a non-personal services task order for data extraction, analysis, presentation support, research assistance, Subject Matter Expert (SME) support for the Information Management Control Program/Office, Geographic Information Systems (GIS) support, and executive level/senior administrative support services to the Defense Health Agency (DHA), Decision Support Division. The performance period will be 28 June 2019 to 27 June 2020, one year. The total estimated value of this effort is

4. Statutory and Regulatory Authority Permitting Other Than Full and Open Competition (see FAR 6.302): 10 U.S.C. 2304(c)(1) 6.302-1 -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. Rationale Justifying Use of the Regulatory Authority Cited: Section 801 of the Fiscal Year 2008 National Defense Authorization Act (NOAA), "Internal Controls for Procurements on Behalf of the Department of Defense by certain Non-Defense Agencies," required the heads of all non-DoD agencies that provide acquisition support to the Department certify that their respective non-Defense agencies will comply with defense procurement requirements for fiscal year (FY) 2019 for assisted acquisitions executed on behalf of DoD in FY 2019. This requirement is included in the FAR at FAR 17. 7.

For FY 2019, the HHS Senior Procurement Executive (SPE) certified that acquisitions conducted by the PSC Strategic Acquisition Service contracting office (and other Contracting Officers within HHS) would comply with defense procurement requirements for FY 2019. As the result of an internal review that is ongoing, HHS has determined that PSC is currently unable to certify that it will comply with defense procurement requirements for FY 2019 for assisted acquisitions executed on behalf of DoD.

DHA PGI 208.405-6, Attachment 1 (06-21-2018)

On June 14, 2019, PSC notified affected DoD components that PSC is terminating its assisted acquisition program for non-HHS agencies effective immediately. PSC also stated that as of June 2019, removed the HHS FAR 17.7 certification from its website at https://www.acg.osd.mil/dpap/cpic/cp/interagency acquisition.html.

PSC made the decision to terminate its assisted acquisition program for non-HHS agencies based on a determination that the PSC Strategic Acquisition Service contracting office is not currently capable of compliance, particularly in the area of contract administration for FAR Part 4.4, Safeguarding Classified Information Within Industry, FAR 17.5, Assisted Acquisitions, and FAR

17. 7, Interagency Acquisitions: Acquisitions by Nondefense Agencies on behalf of the Department of Defense. HHS and PSC have put safeguards in place to address the non-compliance during the orderly termination of PSC's assisted acquisition program for non-HHS agencies. Those safeguards are set forth in a Memorandum of Understanding (MOU) template that specifies how PSC and the DoD funding/requesting agency will take corrective action to address the requirements of FAR 4.4, 17.5, and 17.7. PSC intends to track the approximately 500 active contracts/orders placed by PSC on behalf of U.S. Department of Defense (DoD) components through the MOU process.

Based on the above events, the Option under contract number HHSP233201500031I/ HHSP23337003T through HHS cannot be exercised. The requirement was returned to DHA for action. Unfortunately, very little time was provided to effectively transfer the contract.

Essentially, DHA received notification to award the new service on 25 Jun 2019. Based on the criticality of the service, it was decided to award the contract directly to Altarum Institute to avoid a significant break in service. Accomplishing contract for one year will allow time to properly compete the requirement via an open market strategy in the near future.

6 Efforts to Obtain Competition: This requirement was initially competed and thus, through adequate competition and analysis, the price was determined fair and reasonable. Being that this requirement was part of another HHS contract, the Contractor will be requested to maintain the same Option year pricing under the HHS contract.

7. Determination that Anticipated Cost to the Government will be Fair and Reasonable:

This requirement was competed at HHS and thus, through adequate competition and analysis, the price was determined fair and reasonable. Being that this requirement was part of an HHS contract, the Contractor will be requested to maintain the same Option year pricing under the HHS contract.

8. Market Research: Market Research for this requirement was not accomplished. Based on the short notice, market research would not have changed the outcome. This requirement was previously awarded through HHS and due to the loss of authority, HHS cannot execute the https://www.acg.osd.mil/dpap/cpic/cp/interagency%20acquisition.html

Option on the existing contract. DHA received a very short suspense to award a new contract so that mission would not be affected.

9. Other Facts: None.

10. Interested Sources: No additional sources available.

11. Actions to overcome barriers: In the future, this requirement will be awarded by the DHHQ, Falls Church Contracting Office. The requirement will be competed amongst several Contractors that are available and interested. The Customer is in the process of preparing the re-compete package.

COORDINATION:

12. Technical/Functional Representative:

I certify that the information provided in this justification, is accurate and complete to the best of my knowledge and belief.

13. Requirements Certification:

I certify that the information provided in this justification, is accurate and complete to the best of my knowledge and belief.

Click here to enter a date.

Date Insert title: J Director, insert J-Directorate Office

14. Fair and Reasonable Cost Determination:

Program Manager, Functional Service Manager, etc.

I have determined that this contract action represents the best value to the Government and that the anticipated cost to the Government is fair and reasonable, in accordance with FAR 8.404(d).

15. Legal Review:

I have reviewed this justification and have found it to be legally sufficient. (Note: All J&A’s must be reviewed by Office of General Counsel (OGC)/Legal Review.)

APPROVAL:

16. Contracting Officer: This certification shall be made by the contracting officer who will sign the contract resulting from this justification and approval (J&A). Include the following statement:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

6/26/2019

Contracting Officer, Contracting Office - Falls Church

17. Competition Advocate:

Based on the foregoing justification, I hereby approve the procurement of for data extraction, analysis, presentation support, research assistance, Subject Matter Expert (SME) support for the Information Management Control Program/Office, Geographic Information Systems (GIS) support, and executive level/senior administrative support services to the Defense Health Agency (DHA), Decision Support Division) on a limited or restricted consideration basis pursuant to the authority listed above , subject to availability of funds, and provided that the supplies and/or services herein described have otherwise been authorized for acquisition.

Competition Advocate (J-4)

6/26/2019

Contracting Officer, Contracting Office - Falls Church

Office of General Counsel