JA Exception to Fair Opportunity_ASPR-IO_FINAL CLEAN CA.pdf

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

1. Identification of the agency and the contracting activity Agency: Department of Health and Human Services (HHS)

Requiring Activity: Administration for Strategic Preparedness and Response (ASPR), Immediate Office (IO)

Contracting Activity: Office of Mission Acquisition Solutions (OMAS)

2. Nature and/or description of the action being approved:

☐ New Requirement ☒ Sole Source Order against Contract Number 47QRCA25DS781 ☐ Modification to Existing Delivery/Task Order/Contract Number

Pricing:

☒ Firm-Fixed Price (FFP) ☒ Time & Materials (T&M) ☐ Cost Type

3. Description of the supplies or services required to meet the agency’s needs (including the estimated value) The Immediate Office utilizes professional staffing services funded through the ASPR-Wide Staffing Contract Joint Funding Arrangement to support operations related to: controlled correspondence, financial/budgetary requirements, congressional and stakeholder outreach/engagement, processing and answering OIG and GAO inquiries, content and development for ASPR's online and social media presences, training to support Section 508 compliance across ASPR, public health emergency policies, global hub support, National Advisory Committees, and ASL interpretation for ASPR.

The Government intends to award a non-competitive Task Order to Drodex, Inc 600 Boulevard South SW, Suite 104 Huntsville, AL 35902. The estimated value of the proposed action, including all options, is: $2,753,124.70 for a base period of one year.

4. Identification of the exception to fair opportunity and the supporting rationale.

☒ The agency’s need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays. RFO 16.507-6(b)(1)

There is an urgent need to award a follow-on task order by March 30, 2026, to ensure uninterrupted professional staffing support for ASPR’s Immediate Office, which includes the Office of External Affairs, Office of Legislative Affairs, Office of Public Affairs, Office of Strategy, Policy, and Requirements, and the Executive Secretariat. Due to a series of unforeseen federal and Departmental actions, a new competitive professional services staffing contract/task order was not awarded as originally planned. These unforeseen events include reductions in staff, uncertainty about the organizational structure of ASPR, uncertainty of consolidated and centralized contracting offices, large-scale reductions in contracts resulting in increased workload for ASPR contracting officers to terminate for convenience and close out the eliminated contracts, immediate compliance with numerous Executive Orders, and two federal government shutdowns.

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-16#FAR_16_505

To provide context for the circumstances that have necessitated a shortened procurement timeline and, consequently, limited competition, please refer to the timeline outlined below:

On June 3-7, 2024, a team of ASPR Contracting Officers (COs), Contracting Officer’s Representatives (CORs) and Project Managers (PMs) for a new competitive professional and administrative staffing multiple award indefinite delivery indefinite quantity (MA-IDIQ) for ASPR attended a week-long General Services Administration (GSA) Civilian Services Acquisition Workshop (CSAW) to strengthen and refine the acquisition strategy. To allow sufficient time for the procurement, the existing MA-IDIQ was extended through March 29, 2025. The MA-IDIQs included FAR clause 52.216-22, which permits task orders issued prior to the ordering period expiration date of the MA-IDIQ to have a period of performance up to one year beyond the MA-IDIQ’s expiration date. The new MA-IDIQ acquisition package was completed October 2, 2024, with the goal to continue the required market research and competitively award the new vehicle prior to the March 29, 2025, expiration date.

During the first quarter of 2025, multiple federal and Departmental initiatives significantly reduced staffing capacity in both the contracting offices and the program offices requiring contract support. These actions included:

• The federal hiring freeze issued January 20, 2025;

• The “Fork in the Road” Deferred Resignation notifications issued January 28, 2025;

• The separation of probationary employees on February 14, 2025;

• The Voluntary Early Retirement Authority (VERA) offerings; and

• The Reduction in Force (RIF) notifications issued April 1, 2025.

Within the Office of the Head of Contracting Activity (OHCA) alone, the number of federal procurement employees was reduced from 65 to 16 full-time equivalents. Amid these reductions, the March 20, 2025, Executive Order “Eliminating Waste and Saving Taxpayer Dollars by Consolidating Procurement” and the March 27, 2025, HHS announcement to “Make America Healthy Again” had substantial impacts to ASPR procurements. Pursuant to Departmental guidance and in coordination with the Department of Government Efficiency (DOGE), ASPR was directed to review and reduce, via negotiated terminations for convenience, approximately $2 billion in contract actions, including interagency agreements for assisted acquisitions.

Additionally, the March 27, 2025 reorganization announcement indicated that the number of HHS divisions would be reduced from 28 to 15, core administrative functions would be centralized, and ASPR’s national disaster and public health emergency response functions would transfer to CDC. This uncertainty regarding ASPR’s future structure and mission effectively paused efforts to award a new ASPR MA-IDIQ contract, as requirements could become obsolete and transition timelines were unknown. Furthermore, as a result of the April 1, 2025 Reduction in Force (RIFs) and related staff reductions, ASPR’s capacity to execute new procurement actions was further constrained.

In September 2025, ASPR executed extensions under FAR clause 52.217-8 to the Professional Technical and Medical Staffing Support Services (PTMSSS) IDIQ task orders, extending performance through March 29, 2026. These extensions preserved existing capabilities while providing time to assess ASPR’s long-term organizational status and enduring requirements. At that time, the Centers were simultaneously directed to explore alternative contract staffing solutions, as no new ASPR IDIQ contract would be issued.

Shortly thereafter, the federal government shut down from October 1 through November 12, 2025, the longest shutdown in American history. The Contracting and program personnel funded by annual appropriations who were neither exempt nor excepted were furloughed during this period. The Contracting and program personnel responsible for the re-competition of the professional staffing contracts/orders were included in the furlough.

Once the continuing resolution to fund the government through January 30, 2026 was passed and the language in the draft FY2026 appropriations bill indicated that ASPR would remain an OPDIV. Thereafter the Centers resumed work on the acquisition packages to procure professional staffing services aligned with enduring requirements and the reorganization.

In parallel, HHS implemented a Department-wide procurement consolidation. OMAS, responsible for professional staffing and IT services, was formally established on January 20, 2026.

A second, shorter government shutdown from January 31, 2026 through February 3, 2026, again disrupted procurement activities.

On February 3, 2026, H.R. 7148, the Consolidated Appropriations Act, 2026, was enacted and listed ASPR as an OPDIV, further clarifying ASPR’s status through the remainder of FY 2026. This confirmation established that, beyond centralized administrative services (e.g., contracting, and HR), ASPR’s mission remained intact and professional staffing requirements endured.

The cumulative delays described above have already placed these procurements at significant risk of service interruption. Any additional delays will result in gaps in mission-critical support.

Conducting a competitive fair-opportunity task order under OASIS+ at this time would require an estimated 90–120 days for requirements finalization, solicitation preparation and posting, offeror proposal submission, evaluation, award, and transition of personnel. Given the current task order’s March 29, 2026 expiration, this schedule would result in a multi-week or longer gap in professional staffing support services for the Immediate Office.

Such a lapse would be operationally unacceptable because it would significantly degrade ASPR’s ability to manage controlled correspondence, congressional and stakeholder engagement, timely response to OIG and GAO inquiries, maintain Section 508-compliant public and internal communications, and support public health emergency policy and planning activities.

Following the separation of probationary employees Executive Secretariat has only one federal employee at this time who is entirely dedicated to controlled correspondence. This program processes all official correspondence between the Centers and ASPR leadership, the Department and ASPR, official Congressional correspondence. The two contractors who support this program assist with processing controlled correspondence, editing memos and other official documents, and coordinating with ASPR Centers and the Department. Additionally, they draft reports, assist with budget execution, manage Departmental data calls, and support essential operational projects.

Also impacted by the separation of probationary employees, the Office of External Affairs that lost both the Office Director and a programmatic employee, now has one federal staff member and a federal staff assistant to manage the workload of this office. Overall, the

Agency continues to see an increase in requests for engagements, meetings, partnership, and presentations. All of these efforts inform external partners (ranging from the private sector to State, Local, Territorial, Tribal, and other federal partners) on the critical national preparedness and response mission the Agency is authorized to provide to the nation before, during and after emergencies. The two contractors who support this office provide critical event management and stakeholder engagement tracking and outreach that required to support the codified and authorized mission of the Agency. The loss of these two contractors would significant diminish the Office of External Affairs ability to effectively manage the workload volume of critical engagements for HHS, ASPR, and its stakeholders and ensuring that external partners understand Agency resources and capabilities to mitigate impacts of future disaster impacting public health.

The Office of Legislative Affairs would lose essential support critically needed for OIG and GAO inquiries and congressional engagements. Both teams have also lost employees in the last year due to staffing reductions. Two contractors provide essential operational support to federal employees who manage these work streams. The loss of this support would directly impact ASPR’s ability to efficiently and effectively respond to inquiries and impact ASPR’s ability to support the management of ASPR’s robust portfolio of Congressionally mandated requirements and engagements with Congressional members and their staff.

The Office of Public Affairs currently has only one federal employee who maintains both ASPR’s public-facing website content and social media. The loss of the contract staff who support this office would result in the lack of necessary front end development operations and maintenance capabilities, degradation of the ability to quickly produce critical public health content and talking points for an emergency response organization, and the loss of a Section 508 compliance experts who ensures the accessibility of ASPR web content and provide accessible document training to ASPR staff. All of these efforts ensure that external partners (ranging from the private sector to State, Local, Territorial, Tribal, and other federal partners) are informed and aware of the critical national preparedness and response mission the Agency is authorized to provide to the nation before, during and after emergencies. Further, the loss of these contractors would severely impact ASPR’s ability to provide up-to-date information to the American public and health sector partners.

The Office of Strategy, Policy, and Requirements support comes at a critical time when this Office’s responsibilities have increased with new program areas and reduced staff. This position supports the Chemical, Biological, Radiological, and Nuclear (CBRN) and Emerging Threats program providing critical research, analysis, and writing for development and implementation of strategies and plans for new departmental priorities, including improving the safety and security of biological research. ASPR is leading HHS implementation of major Administration policies regarding dangerous gain-of-function research and other biosecurity initiatives. The inability to procure support for these requirements would degrade ASPR’s charge to ensure federal research funding benefits the American people without jeopardizing national security.

Accordingly, the full and open competition and fair opportunity process at this time would result in an unacceptable delay in performance. A short-duration sole source bridge is required to ensure continuity of these mission-critical services while the competitive OASIS+ task order is executed.

For the reasons stated above, even a short lapse in contractor support of a few weeks would materially impair ASPR’s ability to meet time-sensitive statutory and oversight obligations, including established response timeframes for congressional correspondence and stakeholder inquiries, OIG and GAO audits and data calls, and public-facing communications related to public health emergencies. A delay of this nature would also significantly increase risk that critical decisions are made without the necessary analytical, policy, and communications support, undermining ASPR’s ability to execute its congressionally mandated mission.

Failure to continue with the current vendor will result in unacceptable delays which will in turn create a lapse in service. Drodex currently performs these Immediate Office staffing services under task order 75A50121D00011_75A50524F65002 as the protégé venturer of the Cyberpro JV, with a period of performance from September 30, 2024 through March 29, 2026. As the incumbent protege, Drodex has sourced quality contract employees, demonstrated their understanding of the ASPR organization and mission requirements, and established efficient processes to ensure the swift on-boarding contractors who are ready and able to complete the required tasks. There is certain confidence that Drodex has the capability to meet the government’s requirements and source contractors with appropriate clearances, institutional knowledge, and could continue performance under the proposed sole source bridge without any transition period. By contrast, awarding this requirement to a different OASIS+ contractor at this time would require onboarding and vetting new personnel, obtaining completely new, but necessary badges and system accesses, and conducting extensive knowledge transfer, none of which could be completed before March 29, 2026.

As a result, attempting to compete this requirement now would itself cause the very lapse in mission-critical services that this bridge action is intended to avoid. The Departmental badging process alone for HSPD-12 badging, requires at least one month or longer, depending on unique candidate security requirements. Additional time is also required for processing agency onboarding, issuance of government furnished equipment, and establishing physical access. Drodex’s ability to near-seamlessly transition as the incumbent would ensure the least disruption to critical services.

As an added benefit to the government, awarding this one-year bridge is an efficient reduction in administrative and physical security costs and time to on-board new contractor personnel, avoidance of a gap in service, and the retention of institutional knowledge.

☐ Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized. RFO 16.507-6(b)(2)

☐ 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 are given a fair opportunity to be considered for the original order. RFO 16.507-6(b)(3)

☐ It is necessary to place an order to satisfy a minimum guarantee. RFO 16.507-6(b)(4)

☐ For orders exceeding the SAT, a statute expressly authorizes or requires that the purchase be made from a specified source. RFO 16.507-6(b)(5) https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-16#FAR_16_505 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-16#FAR_16_505

5. Fair and Reasonable Price/Cost Determination by the Contracting Officer

I hereby determine that the anticipated price/cost for this task order will be fair and reasonable.

This task order will be against GSA’s OASIS Plus IDIQ contract. The labor category price lists for each company have been established through the over-arching contracts and have been reviewed by GSA to ensure reasonable pricing. However, HHS reserves the right to further negotiate price reductions as allowable by the FAR.

In addition, under this sole source, the Contracting Officer will further assess price reasonableness by comparing the proposed labor categories, hours, and rates to (1) the rates and labor mix on the current Cyberpro JV task order for these services, (2) the Independent Government Cost Estimate (IGCE), and (3) the awarded labor category rates of other relevant OASIS+ awardees. Any significant variances will be documented and, as appropriate, used as the basis for seeking price reductions to ensure the Government pays fair and reasonable prices for the bridge period.

6. Any Other Facts Supporting this Justification In addition to the factors described above, this action is expressly intended as a short-duration bridge to a fully competitive task order to be issued under the GSA OASIS+ multiple-award IDIQ.

ASPR and OMAS have already substantially developed the acquisition strategy and requirements for that competitive action, and this sole source bridge will provide the minimum additional time needed to finalize, compete, and award the OASIS+ task order without a lapse in mission-critical services.

7. Agency Actions to Take or Remove Barriers That Led to Fair Opportunity Exception The Government intends to establish a competitive task order for these services against the GSA One Acquisition Solution for Integrated Services Plus (OASIS+) MA-IDIQ which was designed to provide federal agencies with comprehensive, non-IT professional services worldwide. It is a designated Best-In-Class (BIC) contract. The competitive task order is anticipated to be awarded prior to the expiration date of this sole source action.

8. Technical/Requirements Certification By my signature below, I certify that the supporting data under my review which is included in this Justification for an Exception to Fair Opportunity is accurate and complete.

Program Manager Name Mary Radebach Position Title Program Analyst Email Address Mary.Radebach@hhs.gov Phone (202) 868-9243

Signature mailto:Mary.Radebach@hhs.gov

Program Manager Supervisor (or one level above Program Manager) Name Adam DeVore Position Title Director, Executive Secretariat Email Address Adam.DeVore@hhs.gov Phone (202) 205-3960

9. Contracting Officer’s Approval

I hereby certify that this justification is accurate and complete to the best of my knowledge. I approve this sole source justification subject to availability of funds, and provided that the services and supplies herein described have otherwise been authorized for acquisition.

Name Zedekiah J. Worsham Position Title Supervisory Contract Specialist/Contracting Officer Email Address Zedekiah.Worsham@hhs.gov Phone (301) 945-5026

10. OPDIV Competition Advocate Approval I have reviewed this justification and find that it adequately supports an exception to fair opportunity.

Name Position Title Email Address Phone

11. Office of Small and Disadvantaged Business Utilization I have reviewed this justification and find that it adequately supports an exception to fair opportunity.

Name Position Title Email Address Phone mailto:Adam.DeVore@hhs.gov