J&A-PMACEDS-20190926.pdf

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

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

JUSTIFICATION AND APPROVAL (J&A) TEMPLATE

for

FAR Subpart 6.3 Other Than Full and Open Competition

PROGRAM MANAGEMENT, ANALYSIS, CONSULTATION, EVALUATION AND DECISION

SUPPORT (PMACEDS)

(July 1, 2019)

Justification and Approval for Other than Full and Open Competition

J&A Tracking No. 19-0092

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 Deloitte Consulting, LLP for Program Management, Analysis, Consultation, Evaluation and Decision Support (PMACEDS).

2. Nature and/or Description of Action being approved: This award will result in a new contract for one year to Deloitte Consulting, LLP. 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 services involving analytics and consultative program management support. Additionally, this requirement will aid in the implementation of development and implement an integrated set of performance measures for large health care organizations and perform reviews of health care regions and markets. It will also aid in the assessment of market performance for enhanced Multi-Service markets (eMSM) business plans in support of the Defense Health Agency (DHA), Decision Support Division. The performance period will be 18 July 2019 to 17 July 2020, one year. The total estimates value of this effort is $2,308,377.64. O&M Funds were used for this action.

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 (NAA), "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.

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, your office 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 HHSP233201500117I/ HHSP23337011T through HHS cannot be accomplished. 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 Deloitte Consulting, LLP 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 Option on the existing contract. DHA received a very short suspense to award a new contract so https://www.acg.osd.mil/dpap/cpic/cp/interagency%20acquisition.html that mission would not be affected. In lieu of the short suspense time available, DHA’s Head of Contracting Agency waived the need for Market Research for this requirement on July 16, 2019.

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 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.

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[Jamal Dickerson] Date

COR

13. Requirements Certification:

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

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COL Jenifer Meno Date Director, J5 Strategy, Planning & Functional Integration Directorate

14. Fair and Reasonable Cost Determination:

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).

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[Insert Name] Date Contracting Officer, Choose an item.

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.)

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[Insert Name] Date Office of General Counsel

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.

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[Insert Name] Date Contracting Officer, Choose an item.

17. Competition Advocate:

Based on the foregoing justification, I hereby approve the procurement of (state supplies/ services being procured) on a limited or restricted consideration basis pursuant to the authority of Choose an item., subject to availability of funds, and provided that the supplies and/or services herein described have otherwise been authorized for acquisition.

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Jake Lewis Date Competition Advocate (J-4)