JA GLWACH HHK Redacted.pdf

Control Number: 20-HRCO-593 Apex Limited, Incorporated

General Leonard Wood Army Community Hospital HHK

Version – September 2018 FOR OFFICAL USE ONLY

Justification and Approval for Other Than Full and Open Competition

1. Contracting Activity: U.S. Army Medical Command (MEDCOM), Health Readiness Contracting Office (HRCO), 2199 Storage Street, Bldg 4197, Suite 68, Joint Base San Antonio (JBSA) Fort Sam Houston, TX 78234-5074.

2. Description of Action: The HRCO requests approval to negotiate a new bridge contract for non-personal services in support of Healthcare Housekeeping services at General Leonard Wood Army Community Hospital (GLWACH) and the multiple Medical Treatment Facilities (MTFs) in the Health Service Area (HSA) of GLWACH, Fort Leonard Wood, MO. The type of funds to be used is Fiscal Year 21 Defense Health Program appropriations. Estimated share and ceiling arrangements and fee or profit are not applicable to this acquisition.

3. Description of Supplies/Services:

a. These services are necessary to ensure the continuity of operations of essential Healthcare Housekeeping services currently being performed throughout the GLWACH and multiple MTFs in the HSA which prioritize infection control while optimizing cleaning practices in support of GLWACH’s mission of providing quality healthcare in safe, hygienic, and aesthetically-pleasing MTFs.

b. The contractor shall provide type I-VI Hospital Housekeeping services in support of GLWACH and the MTFs in the HSA during normal operating hours 7:30 am – 4:30 pm except in specified areas. The contractor shall provide healthcare housekeeping services on federal holidays as a regular working day in the Labor, Delivery, Recovery and Postpartum (LDRP), Emergency Room (ER), Laboratory, Radiology, Medical/Surgical Ward Inpatient Ward, Psychiatry Ward, and Intensive Care Unit.

c. The estimated total value of the proposed action is $1,091,135.10 for a 5-month base period of performance from 1 October 2020 through 28 February 2021. Federal Acquisition Regulation (FAR) Clause 52.217-8, Option to Extend Services will be included in the resultant contract which will allow up to a 6-month extension thereby increasing the cost to $2,400,227.02. The anticipated contract will be an IDIQ contract with FFP CLINs.

4. Authority Cited: The statutory authority permitting other than full and open competition is 10 United States Code (USC) 2304(c)(1) as implemented in FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Reason for Authority Cited:

a. As described at FAR 6.302-1(a)(2) when the supplies or services required by the agency are available from only one responsible source, or, for DoD, NASA, and the Coast Guard, from only one or a limited number of responsible sources, and no other supplies or services will

General Leonard Wood Army Community Hospital HHK

Version – September 2018 FOR OFFICAL USE ONLY satisfy agency requirements, full and open competition need not be provided for. As further described in FAR 6.302-1(a)(2)(iii)(B) 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 requirement.

b. There is a current bridge contract in place for these services through contract number W81K04-14-D-0010. Contract W81K04-14-D-0010 contained a 5-year ordering period (1 October 2014 through 30 September 2019). As indicated with FAR clause 52.216-22 Indefinite Quantity; the contractor shall not be required to make any deliveries under the contract after 30 September 2020. The Administrating Contracting Officer issued task order (W81K00-19-F-0279) on 23 September 2019, with full performance starting 1 October 2019 with an expiration date of 30 September 2020. The contract included FAR 52.217-8, Option to Extend Services. P00008 exercised the option to extend services on 26 July 2019.

c. The Government solicited a follow-on contract as a competitive requirement under Section 8(a) of the Small Business Act. W81K04-20-R-0010 for healthcare environmental cleaning services at GLWACH on 22 November 2019. Proposals to the solicitation were received on 3 January 2020. A competitive range was established on 29 July 2020. Offerors excluded from the competitive range were notified on 29 July 2020. The excluded Offerors were asked to request a debriefing. Those that requested a pre-award debriefing were provided written debriefings on 24 August 2020. A Government Accountability Office (GAO) pre-award protest was filed 1 September 2020, alleging an excluded offeror was arbitrarily removed from the competitive range. The GAO is not expected to rule on the pre-award protest until 10 December 2020, well after the current order expires.

d. Due to the GAO pre-award protest on the follow-on the hospital environmental cleaning contract, it is necessary to award a bridge contract to ensure continuity of service. The below described barriers make it impossible for a timely transition and start of full performance by 1 October 2020. As a result, it is necessary to award a bridge contract to ensure continuity of healthcare housekeeping for medical readiness at the GLWACH.

e. As to the sole-source approach to the bridge contract, there are certain barriers that make it impossible for another source to perform the Government's requirement as of the required start date.

i. General Leonard Wood Army Community Hospital is accredited by the Joint Commission (JC), the College of American Pathologists, and American College of Radiology, the American Association of Blood Banking, the Food and Drug Administration, and is a member of the American Hospital and Missouri Hospital Association. The GLWACH hospital is a 65-inpatient-bed facility offering a wide range of medical services to include family practice, internal medicine, pediatrics, general surgery, orthopedics, urology, ophthalmology, optometry, podiatry, obstetrics and gynecology, physical therapy, occupational therapy, audiology, otolaryngology, psychiatry, psychology, social work, neurology and substance abuse. In addition radiology provides a full range of services to include x-ray, magnetic

General Leonard Wood Army Community Hospital HHK

Version – September 2018 FOR OFFICAL USE ONLY resonance imaging (MRI), ultrasound, mammography and computed tomography (CT scan).

The laboratory provides a full range of inpatient and outpatient services. The MTF consists of the main hospital, building 310, and outlying clinics. Outlying buildings and clinics including Harper Dental Clinic, building 500; Roll Dental Clinic, building 1608; PX pharmacy, building 487, community based primary care clinic (CBPCC) located in St. Roberts , consolidated troop medical clinic (CTMC) building 885,Victory Clinic building 885 B and the veterinarian Clinic building 2399. The estimated square footage for GLWACH and outlying clinics is 406,408. .

ii. The contractor service providers must be familiar with the Association for the Healthcare Environment (AHE) Practice Guidance for Healthcare Environment Cleaning, commercial standards, all local, state and federal laws in order to provide the required service.

Amidst a global pandemic COVID-19 it will be difficult for a contractor other than the incumbent to recruit and retain personnel with the required experience, education, background, and license to provide services beginning 1 October 2020.

f. It is not possible to negotiate and award a contract with any source other than Apex Limited, Inc., the incumbent contractor. Only Apex Limited possesses the unique qualifications to instantly perform the continuation of these services given that only Apex Limited, Inc. already has the required resources, trained manpower, and has completed all in-processing requirements for their employees. As such, Apex Limited Inc. requires no transition efforts to continue performing these services. Furthermore, any delay in continuation of services will negatively impact the requiring activity's mission to provide infection control policies, disinfected and sterile MTFs to the military and retirees and eligible DoD beneficiaries receiving medical treatment. Also a change will jeopardize GLWACH’s accreditation with the JC. The Government will suffer serious injury if award of this bridge contract is delayed. Only Apex Limited Inc. can satisfy these mission critical services without causing unacceptable delays or disruption of mission essential services.

g. The period of performance on the current contract and task order can no longer be extended. The current contract and expires on 30 September 2020. The proposed 5-month bridge contract must be awarded no later than 28 September 2020, in order to continue the current level of services. The incumbent contractor, Apex Limited, Incorporated, is the only responsible contractor with the required and qualified personnel who have already been privileged at the MTFs that will be ready to start performance on 1 October 2020.

6. Efforts to Obtain Competition: The Contracting Officer shall publish the notices required by FAR 5.201 and any bids or proposals received shall be considered.

a. Effective competition. Because this is a sole source action, effective competition is not applicable. The Government was preparing to award the follow-on contract, however a GAO pre-award protest was filed and is pending a decision. In addition the Government posted a pre-solicitation notice on 20 November 2019 on Beta.Sam.Gov. A pre-award conference was held on 4 December 2019 and 11 firms attended (two 2 large and nine 8(a) business). The Contracting Officer issued a notice of intent to award a sole-source on Beta.Sam.Gov. No other efforts are being made to obtain competition as only one

General Leonard Wood Army Community Hospital HHK

Version – September 2018 FOR OFFICAL USE ONLY responsible source, Apex Limited Inc.is capable of meeting the minimum requirements prior to the expiration of the current contract.

b. Subcontracting competition. In accordance with FAR Subpart 19.705-2, the Contracting Officer has taken actions to determine whether the proposed contractual obligation requires a subcontracting plan. The current requirement is for non-personal services and the Contracting Officer has determined that a subcontracting plan is not required per the exemption at FAR 19.702(b)(2) since the award will be made to a qualified small business.

7. Actions to Increase Competition: The follow-on requirement was solicited as a competitive 8(a) set-aside with past performance trade-off and is currently in source selection pending resolution of the GAO pre-award protest. It is not possible to compete this proposed bridge contract in time for service to commence on 1 October 2020.

8. Market Research: In accordance with Defense Federal Acquisition Regulation Supplement (DFARS) 205.205-71, DFARS 206.302-1(d), and DFARS Procedures, Guidance and Information PFI 206-302-1(d), a pre-solicitation notice was posted to Beta.Sam.Gov. A pre-award conference/site visit held on 4 December 2019. A total of eleven potential offerors and subcontractors attended the pre-award conference/site visit. However, those eleven potential offerors and subcontractors were not considered for this bridge contract as no other business concern can perform these short term services as stated above in paragraphs 5e, 5f, and 5g. The follow-on competitive contract to this bridge action will be the resultant contract for which those eleven offerors and subcontractors indicated interest and were given fair opportunity. In addition, the Government will issue a notice of intent to award a sole source contract to the incumbent contractor, and will notify industry that any quotes, proposals or capability statements received by the stated response time will be considered.

9. Interested Sources: No other contractors have expressed an interest. The notice required by FAR 5.201 of our intent to award a sole-source contract will be published inBeta.Sam.Gov.

10. Other Facts:

Procurement History.

(1) Contract numbers and dates of last several awards. Prior to the current contract W81K04-14-D-0010 services were provided under W81K04-09-D-0111 for a base period of 11 months period from 1 November 2009 through 30 September 2010 and four 1-year options 1 October 2010 through 30 September 2014. Federal Acquisition Regulation 52.217-8 Option to extend services was exercised for 2-month extending the period of performance through 30 November 2014.

(2) Competitive Status of These Actions. Contract W81K04-09-D-0111 was solicited amongst 8(a) firms. A commercial, single award task order contract was awarded to Splendent Joint Venture on a competitive basis.

General Leonard Wood Army Community Hospital HHK

Version – September 2018 FOR OFFICAL USE ONLY

(3) Authority previously used for less than full and open competition. Not applicable

(4) Justification prepared to support the procurement made before this one with a summary of the contents of paragraph 7, Actions to Increase Competition, of the justification for that procurement and an explanation of the results. Not applicable.

(5) If prior award accomplished by full and open competition, a detailed explanation of the changed circumstances. Not applicable.

(6) Explanation of unusual patterns revealed by history, e.g., several consecutive, urgent buys. Not applicable.

(7) Justification prepared to support the procurement made before this one and description of circumstances for justification & any significant changes. Not Applicable

11. Technical Certification:

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

Type Name: Date:

Title: COR, GLWACH Environmental Services Signature:

etu

12. Requirements Certification:

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

Type Name: Date:

Title: COR, GLWACH Environmental Services Signature:

General Leonard Wood Army Community Hospital HHK

Version – September 2018 FOR OFFICAL USE ONLY

13. Fair and Reasonable Cost Determination:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable based on a price and cost analysis.

This determination will be made using the following: cost analysis price analysis should cost IGCE audit: other:

As a part of this basis, certified cost or pricing data:

will be required.

will not be required and the following exception applies (FAR 15.403):

Prices that will be agreed upon are based on adequate price competition.

Prices that will be agreed upon are based on prices set by law or regulation.

A commercial item is being acquired.

A waiver has been granted by the head of the contracting activity (HCA) in accordance with DFARS PGI 215.403-1.

The contract action is a modification to a contract or subcontract for commercial item(s).

The estimated cost of the contract action is less than the threshold for certified cost or pricing data.

Typed Name: Date:

Title: Contracting Officer Signature:

X

General Leonard Wood Army Community Hospital HHK

Version – September 2018 FOR OFFICAL USE ONLY

14. Contracting Officer Certification:

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

Typed Name: Date:

Title: Contracting Officer Signature:

General Leonard Wood Army Community Hospital HHK

Version – September 2018 FOR OFFICAL USE ONLY

Approval

Based on the foregoing justification, I hereby approve the procurement of Healthcare Housekeeping services in support of the General Leonard Wood Army Community, Fort Leonard Wood, MO NTE $2,400,497.22 on an other than full and open competition basis pursuant to the authority of 10 U.S.C.2304(c)(1) and FAR 6.302-1 subject to availability of funds and provided that the services herein described have otherwise been authorized for acquisition.

Typed Name: Date:

Command Advocate for Competition Signature: