JA15-0076_DHCS_and_TMIP-J_Engineering_Support_(public_release).pdf

Tracking #JA15-0076

Justification and Approval for Other than Full and Open

Competition Sole Source Acquisition

FAR Subpart 6.3 Other Than Full and Open Competition

1. Identification of the agency and contracting activity: Defense Health Agency, Contracts Operations

Division – Falls Church (DHA/COD-FC)

2. Nature and or Description of Action being approved: This is a Justification and Approval (J&A) pursuant to Federal Acquisition Regulation (FAR) 6.303-1(a). The action approved is award a Firm-

Fixed-Price (FFP) bridge contract to Deloitte Consulting, LLP, (Deloitte), to support the existing level of effort under contract HT0011-14-C-0007 which expires April 1 st , 2015, with no new work or change of scope.

3. Description of Supplies/Services: The Contractor will perform the services outlined in the

Performance Work Statement (PWS). Services include engineering management support for all programs and projects across Defense Health Clinical Systems (DHCS) and Theater Medical Information Program

– Joint (TMIP-J) product lines and software applications. The scope of engineering management, enterprise architecture, information assurance, training, and clinical subject matter expertise spans the disciplines and systems associated with the Electronic Health Record (EHR) Core Program Management

Office (PMO), Data Sharing (DS) PMO. Also included is support for the TMIP-J products under DHMS.

Some contractor employees, as determined by the mission they will support will require a Secret

Clearance in order to access systems such as Medical Situational Awareness in Theater (MSAT).

The contract will have a base Period of Performance (PoP) of 6 months from April 1 st , 2015 through

September 30 th , 2015. It will include clause 52.217-8, Option to Extend Services, allowing up to an additional 6 months of performance at the within the limits and at the rates specified in the contract.

The estimated value of this procurement is approximately $XXXXX. The contract action will be funded utilizing FY15 Operations and Maintenance (O&M) funds.

4. Statutory Authority Cited: 10 U.S.C. 2304(d)(1)(B), FAR 6.302-1(a)(2)(iii)(B), Only one responsible source and no other supplies or services will satisfy agency requirements. For DoD, NASA, and the

Coast Guard, services may be deemed to be available only from the original source in the case of follow-on contracts for the continued provision of highly specialized services when it is likely that award to any other source would result in unacceptable delays in fulfilling the agency’s requirements.

5. Reason for Authority Cited: Deloitte is the prime contractor for the current engineering contract, HT0011-14-C-0007. They possess the operational infrastructure and knowledge required for successful performance. Deloitte’s personnel have the requisite knowledge to efficiently and effectively provide product oversight of the Engineering Management Support Services and Military Treatment Facilities

(MTFs) for DHCS and TMIP-J operations. Pending the outcome of the planned competitive source selection that will include the subject requirements, only Deloitte can provide this short duration award without causing a break in service or otherwise negatively impacting EHR Core, Data Sharing, and

Defense Operational Medicine (DOM) PMO’s ability to continue operations and support the DoD's EHR in both theater and garrison and sharing data with the Department of Veterans Affairs..

This contract provides approximately XX support contract staff to the three PMOs. It provides all of the Information Assurance (IA) support and Enterprise Architecture (EA) support. The lack of IA support could result in expiration of systems accreditation, presenting the Chief Information Officer with the decision to shut the systems off or continue to operate them out of compliance with DoD regulations.

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Composite Health Care System, Essentris and Enterprise Blood Management System Transfusion are kicking off accreditation (Authority To Operate) efforts and would be most at risk for a gap in IA accreditation. Lack of EA support would jeopardize funding certification submissions for all products since the EA team provides the majority of the Defense Business Information Technology Certification package required for all DHA IT-related procurements. A break in service would suspend the team’s work to facilitate the architecture showing how the current legacy systems will transition to the next EHR.

This contract provides about 75 percent of the engineering support to the PMOs and Subject Matter

Experts (SME) for theater, physician and Oracle. The lack of the Oracle SME hinders the EHR Core

PMO's ability to support the Central Data Repository, the database in which all electronic health records are kept. The lack of the physician support would leave no support for the patient safety program and limit clinical advice to the Program Managers. The lack of a theater SME hinders the DOM PMO in dealing with U.S. Central Command. The engineering support for all Data Sharing and DOM products are provided by this contract, so deployment and sustainment of Healthcare Artifact and Image

Management Solution and TMIP would stop or be severely slowed. The DOM Special Projects support to the White House medical unit could cease during a break. The project management and project coordination roles would put a strain on the already short-handed Government product leads to do all hands-on work and coordination, as well as manage the products they lead.

6. Efforts to Obtain Competition: Bids, proposals, or quotations have not been solicited from additional sources (FAR 5.207(15) & 6.302-1(a)(2)(iii) as implemented by FAR 13.5) because the expected short term of the bridge contract however, the agency is developing a solicitation for a full and open competitive acquisition.

The proposed action will be synopsized in accordance with FAR 5.207, noting that pursuant to FAR

5.102(e) the Government only need to provide copies of a solicitation issued under other than full and open competition to firms requesting copies that were not initially solicited, but only after advising the requester of the determination to limit the solicitation to a specified firm or firms as authorized under part

FAR 6.3.

7. Actions to Increase Competition: This is the second bridge contract for this requirement. The

Government estimate of the price for the new bridge contract is based on the pricing for the current bridge contract, HT0011-14-C-0007, for the period March 30 th , 2014, to March 31 st 2015, evaluated by the

Government on January28th, 2014. These prices, in turn, are based performance of the final extension to

W81XWH-08-D-0028, Delivery Order 0025, proposed by Deloitte and agreed to by the Government on

September 26 th , 2013, for the period September 30 th , 2013, to March 29 th , 2014. At the time of contract award, these prices were determined to be fair and reasonable. The Government has assessed the level of effort and the labor mix employed under the current bridge contract and previous competitively awarded

CPFF Order to ensure the activities required are the same services throughout the planned bridge contract. XXXXXX, 2015, is the projected Request For Proposal (RFP) release date for competitive award of a contract by XXXXXX, 2015, for the services described herein.

8. Market Research: No market research was conducted specifically for this bridge contract. On March th , 2015, the Head of Contracting activity signed a waiver to the USD (ATL) Policy Memorandum, “Action to Improve Department of Defense Competition,” August 21, 2014, requirement for Request For

Information/Sources Sought Synopsis for sole source justifications citing FAR 6.302-1, Market research for the planned competitive follow-on, including Sources Sought Synopsis issued April 23 rd

, 2014, found no capable small businesses and recommended issuance of the solicitation for unrestricted full-and-open competition.

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9. Other Facts:

a. The current contract will expire without the follow-on contract in place, so a new bridge contract is required to prevent a break in service. The delays have been attributed to Agency-driven and fact-of-life changes to requirements. Requirements changes included new policies enacted as a result of stand-up of DHA and revision of DoD regulations concerning protection of unclassified DoD information, especially Personally Identifiable Information (PII)/Personal

Health Information (PHI). The requirements package based on the previous competitive award was structured for award of a cost-type contract and required significant revisions for award of a fixed-price contract. Revision of DoD regulations related to Privacy Act and Health Insurance

Portability and Accountability Act led to new DHA standard language for contracts involving use of PII/PHI. Additionally, DoD’s transition to the National Institute of Standards and Technology

Risk Management Framework first led to a DHA policy contractor self-certification of IA controls, then a DFARS clause specifying additional IA controls. Each change led to revisions and rounds of document review. As an indication of the challenges, the draft Performance Work

Statement, version 35, was finally approved with comments. These delays do not diminish the importance of continued support of DHCS and TMIP-J programs and applications.

b. Engineering Support Services Historical data. The first procurement package for competitive follow-on to W81XWH-08-D-0028, Delivery Order 0025, was submitted to contracting on April 23 rd

, 2013 for an October 1 st , 2013 award. When the action could not be completed, the United States Army Medical Research Acquisition Activity extended the action twice under FAR 51.217-8, “Option to Extend Services,” to 31 March 2014 to ensure no break in service. When the competitive follow-on could not be awarded by April 1 st , 2014, this contracting activity awarded the Firm-Fixed-Price sole-source contract, HT0011-14-C-0007 to the incumbent contractor, Deloitte, to prevent a break in service. That contract included a base period running April 1 st , 2014 through September 30 th , 2014, and an option period running

October 1 st , 2014 through March 31 st ,2015. The 6-month option period was later split into two 3-month options, both being executed to extend the contract to December 31 st , 2014 and March 31 st

2015.

10. Interested Sources: The program office has no written statements of interest in the bridge; however it is expected that there will be interest in the competitive follow-on action for engineering management support of DHCS and TMIP-J.

11. Methods to overcome barriers: The follow-on requirement will be competed under Full and Open

Competition with a solicitation issued on or about XXXXXX, 2015, for award no later than

XXXXXX, 2015.

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