ID03140028 MC4 Exception to Fair Opportunity_MOD 77_ Posting_Redacted.pdf

GSA ITSS Order ID No.: ID03140028

NOTE: This document is prepared in accordance with FAR 16.505(b)(2)(ii)(B)

Source Selection Information - See FAR 2.101 and 3.104

Exception to Fair Opportunity

Department of the Army, Enterprise Information Systems (PEO EIS), Medical Communications for Combat Casualty Care (MC4)

This document is prepared in accordance with FAR 16.505(b)(2)(ii)(B).

1. IDENTIFICATION OF THE AGENCY AND THE CONTRACTING ACTIVITY

The requiring activity is the Department of the Army, Enterprise Information Systems (PEO EIS), Medical Communications for Combat Casualty Care (MC4) Program Management Office (PMO) located at Fort Detrick in Maryland. The MC4 PMO provides fully integrated medical products and information/communications solutions to effectively and seamlessly link all echelons of deployable medical care.

The contracting activity is GSA/FAS, Region 03, the DOW Building, 100 S. Independence Mall West, 3rd Floor, Philadelphia, PA, 19106.

2. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED

The Government intends to issue a modification to extend GSA Contract No.: GS00Q09BGD0037, Task Order No.: GSQ0315DS0005 with CACI by 60 days to support the current needs of the MC4 program. The cost of the extension is estimated to be which is consistent with the average invoiced cost for two months of performance under Year 6 of the current task order.

However, the Government anticipates a decrease in the level of effort as the requirement concludes.

The extension is needed to: (1) allow MC4 to continue to support its current mission with no break in service, and (2) provide critical transition out support. An RFP was issued against the GSA ALLIANT II contract vehicle (reference ID03200035) on 09/10/2020 with a closing date of 10/19/2020 for the follow-on requirement. Award of the follow-on task order is expected in late December 2020. The current task order ends on 12/31/2020, In order to maintain essential support, a 60 day minimum transition period is needed in order for all of the required approval processes to be completed.

Without this 60 day extension and transition period a break in service would occur, resulting in mission failure.

3. DESCRIPTION OF THE SUPPLIES REQUIRED TO MEET THE AGENCY’S NEEDS

MC4 systems provide visibility of deployed medical forces and casualties, as well as, an accurate and timely means for documenting healthcare from the point of care to a centralized database – making the information available worldwide. The system is comprised of joint software (Theater Medical Information Program-Joint (TMIP-J) applications), commercial and government-off-the-shelf software and IT hardware products. The MC4 PMO deploys the Army capability required by federal law that ensures Service members have a secure, accessible, lifelong electronic medical record (EMR) to improve health care outcomes and enhance access to Veterans Affairs benefits. The TMIP- J suite of software will eventually be modernized with a Commercial-off-the-Shelf (COTS) solution JI1 under a new joint program that will also be supported by the MC4 PMO.

The incumbent, CACI NSS, Inc. is currently providing the following services: advanced development of enabling software and technologies; integration and initial testing; production engineering;

operational testing; new equipment fielding and training; and post deployment system technical (PDST) support and system administrator support. Performance under this contract is required throughout the continental United States (CONUS) and 32 foreign countries, as well as contingency (combat) areas, which are defined by the US State Department as hazardous duty areas.

Contingency operations areas include or have included: Iraq, Afghanistan, and Operation Enduring Freedom (OEF) in Southwest Asia (SWA).

4. IDENTIFICATION OF THE EXCEPTION TO FAIR OPPORTUNITY AND THE SUPPORTING

RATIONALE

This exception to fair opportunity is supported by FAR 16.505(b)(2)(i)(A), the agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

The MC4 program supports all Army medical documentation systems worldwide. A break in service would jeopardize patient medical data and point-of-care treatment, with increased risk of endangering lives.

As stated in Section 2, this extension is critical to allow for an additional 60 days of transition out support. The transition out will ensure continuity of operations and will allow MC4 to keep contractor personnel in their assigned OCONUS areas of support. If an extension were not in place, all overseas contractor personnel would be removed from their assigned country, and would be required to go through lengthy approvals which would unequivocally cause a break in service. The following provides insight into the potential hurdles that could negatively impact the MC4 mission if an extension is not provided:

Overseas Personnel

The MC4 mission expands or contracts in accordance with Army priorities to support contingency and non-contingency OCONUS operations and system fielding requirements in alignment with the Army Campaign Plan (ACP) and the Army Resourcing Priority List. Changes in contingency operations, as well as other factors impacting CONUS and OCONUS support may dramatically impact (increase or decrease) the level of contract support required under this task order. Currently, MC4 has TDY and PCS contractor personnel in several OCONUS locations to include Korea, Germany, Kuwait, Iraq and Afghanistan. Each OCONUS location has specific rules and requirements for contract personnel working and residing within each country.

A) Korea The process to allow a contractor to work in the Republic of Korea (ROK) is an annual process and takes 60 days for approval. This requirement is for new contracts as well as Option Years to existing contracts/orders. All contract personnel working in Korea must meet the following special provisions:

• Annually meet the Invited Contractor or Technical Representative Status under U.S. – Republic of Korea (ROK) Status of Forces Agreement (SOFA) [USFK Reg 700-19]

• Follow guidance as directed in the Army Personnel Recovery Program (APRP) USFK Reg 525-40 and AK Reg 95-33 [see http://www-hr.korea.army.mil]

• Receive SOFA approval of ACofS, Acquisition Management (FKAQ), Unit #15237, APO

AP 96205-5237.

Given the potential award announcement (of the recompete acquisition) in mid to late December 2020, there will not be enough time (approximately 16 days vs. the 60 day requirement) to gain approval for contractor personnel to start working in Korea on 01JAN2021 regardless if the incumbent contractor is awarded the follow-on task order or not.

B) Germany

All contracts for Germany must be validated and approved through the DoD Contractor Personnel (DOCPER) Office. The contract and all individuals must be approved by German authorities to receive their Technical Expert Status Accreditation (TESA). The contract/contractor TESA approval is processed through the recently initiated European Contractor Online Processing System (ECOPS).

Timeline guidance is as follows:

• Contract Notification (Article 73) – estimated at 8 weeks total, as reviewed by DOCPER may take up to 3 weeks, in addition to the 5 weeks allowed for German authorities to provide concurrence/non-concurrence in writing.

• Enterprise Approval (Article 72) – This is a two-step process, consisting of initial review through DOCPER, followed by German Government review. Estimated between 4-8 weeks total, but no set timelines for the Ministry of Foreign Affairs (MFA). Individual Applications – 10 weeks, Review by DOCPER may take up to 4 weeks. German authorities are expected to concur/non-concur in writing within 4 weeks.

C) CENTCOM Area of Responsibility(AOR) – (Kuwait, Iraq and Afghanistan) The process for having contractor personnel reside and work in the CENTCOM AOR is similar to Korea and Germany, except that contractor personnel must attend and pass the CONUS Replacement Center (CRC) requirements. Deployers are given country specific training along with a medical evaluation prior to deployment.

In addition, each country under CENTCOM has their own process for allowing companies and contractors to work. This process involves entering all contract and contractor information into a web-based review and approval systems. Approval in these systems allow contractors life support needs such as housing, messing, laundry services, use of military air transportation and other services required to perform on the contract. For example, deployed personnel working in Afghanistan must be entered and approved in the Joint Contingency and Expeditionary Services (JCXS) system (https://www.jccs.gov/jccscoe). JCXS is the DoD’s agile, responsive, and global provider of Joint expeditionary acquisition business solutions that fulfills mission-critical requirements while supporting interagency collaboration – to include but is not limited to contracting, financial, spend analysis, contract close-out, staffing, strategic sourcing and reporting. In addition to these requirements, there are also Visa and country clearances that need to be obtained before the contractor may deploy.

Timeline guidance for CENTCOM is a follows:

• CRC is a two week process and is required for all personnel planning to work in the

CENTCOM AOR.

• Web-based reviews and approvals take between 30-60 days, averaging around 40 total days over the past three years.

Government Furnished Equipment (GFE)

GFE is a major component of the MC4 Logistics and Engineering task order, as the MC4 system consists primarily of Government off-the-shelf (GOTS) software and Commercial off-the-shelf (COTS) hardware, provided by the Government. MC4 has provided approximately 400 pieces of GFE to the current contractor’s Engineering/Testing facility to perform on this contract. These items consist of various computers, monitors, servers and sensitive testing equipment that require a high degree of technical ability to set-up and make operational. Without an extension, there would not be sufficient time to relocate the GFE and begin work under the follow-on requirement by the anticipated 01 January 2020 performance start date.

In summary, any break in service will lead to degraded Army readiness and adversely impact contingency operations. If MC4 support were to end on 31 DEC 2020, Army medical providers would be forced to change from electronic documentation of health care to paper and medical logistics support would become a manual process placing Soldier health at increased risk.

5. FAIR AND REASONABLE DETERMINATION

The Government has determined that it is impracticable to secure services of the kind and quality required without use of Time and Materials type task order. The Government realizes that although the risk of performance is higher in a non-fixed-price task, however, there will be adequate controls in place for the transition out CLIN, such as a not-to-exceed ceiling price, overall contractor performance monitoring and surveillance methods to assure quality and control costs. Based upon the nature of this requirement and the presence of the above-described risk-mitigating controls, such task order contract type is justified.

6. OTHER FACTS SUPPORTING THE JUSTIFICATION

The GSA Alliant GWAC was selected as the best procurement approach for this acquisition in terms of scope, skill category depth, teaming partner potential, and breadth of contractor pool capable of promoting strong competition. Ultimately, it was determined that conducting a competitive acquisition under the GSA Alliant GWAC, following the procedures in FAR Part 16, offers the best and most efficient acquisition strategy for the client. The GSA Alliant GWAC provides a means of meeting the client’s needs quickly, efficiently, and cost effectively. In addition, the MC4 program has been successfully performed under the GSA Alliant GWAC since 2014 via Task Order GSQ0315DS0005 / ITSS Order ID03140028.

7. ACTIONS TO REMOVE OR OVERCOME ANY BARRIERS THAT LED TO THE EXCEPTION

TO FAIR OPPORTUNITY

There are no anticipated barriers once the new acquisition is awarded, as the requirement was competed under fair opportunity in accordance with FAR 16.505.

The Government will solicit only CACI NSS, Inc. under their GSA Alliant GWAC contract, for the 60 day period, to enable the fulfillment of this requirement. No other firm can provide the necessary services at requisite level of expertise within the timeframe required; however, the Government anticipates that the pending follow-on acquisition will be awarded before 01 January 2021.

CERTIFICATIONS AND APPROVALS

Requirements Personnel Certification:

I certify that the supporting data under my cognizance, which are included in the Exception to Fair Opportunity, are accurate and complete to the best of my knowledge and belief.

__________________________ Date: ______________________

GSA, Information Technology Manager

Contracting Personnel Certification:

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

___________________________ Date: ______________________

Contract Specialist

Contracting Officer Certification:

I certify that this Exception to Fair Opportunity is accurate and complete to the best of my knowledge

___________________________ Date: _______________________

Contracting Officer

Legal Counsel Certification:

I certify that this Exception to Fair Opportunity is accurate and complete to the best of my knowledge

Signature: _________________________ Date: _______________________

Assistant Regional Counsel GSA FAS, Mid-Atlantic Region

Special Advocate for Competition Certification:

I certify that this Exception to Fair Opportunity is accurate and complete to the best of my knowledge

Signature: _________________________ Date: _________________________

Deputy Regional Commissioner / Competition Advocate GSA FAS, Mid-Atlantic Region