JA_OER Sci Prog Support.pdf

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

Completion Instructions: The Department of Health and Human Services (HHS) has established a standard template for the preparation of a J&A for Other Than Full and Open Competition. If this is an 8(a) set-aside, please note this form is not required unless the acquisition is valued (including all options) at greater than $22 million. This template is NOT applicable for actions using simplified acquisition procedures (FAR Part 13), Federal Supply Schedule orders (FAR 8.4) or task or delivery orders subject to fair opportunity (FAR 16.505).

Tailor all aspects of this template to the individual acquisition. Consult FAR Subpart 6.3 for guidance. An addendum may be added in case additional space is needed.

When this document is printed, the blue italic instructions are automatically deleted on the printed version.

Acquisition Title:

Agency:

Acquisition Year (FY):

Author and Title:

2. Description of Action:

Nature:

New Requirement

Follow-on Requirement

75N97019C00002 ✔ Modification to Existing Purchase Order/Contract Number:

Pricing: Firm-Fixed Price

Cost plus fixed fee Time & Materials

Other:

Funds: ✔ OMA

Other Funds:

Name of Proposed Contractor(s): DSFederal, Inc.

Street Address:

City, State, Zip:

6100 Executive Blvd. Suite 550

Rockville, MD 20852

Martin Marino, Financial Management Analyst

NIH

Office of Extramural Research (OER) Scientific and Program Support Services

3. Description of Services or Supplies:

Basis for Approval (FAR 6.303-1(d)): ✔Individual Basis Class Basis

The total estimated value of the proposed action, including all options is $ 4,500,000

As applicable, briefly describe the services or supplies required to meet the agency's needs, including make & model number where appropriate. Include quantities of supplies or period of performance for services. Provide information for any options included. If the action is a modification to an existing contract, distinguish clearly between the work covered by the original contract and the work to be obtained by the proposed modification.

This is a modification to contract number 75N94019C00002 awarded to DSFederal, Inc. The base year plus four option years period of performance is March 1, 2019 - February 29, 2024, for a total dollar value of $79,035,869. The NAICS Category is 541512 - Custom Computer Programming Services. The purpose of this action is to extend the contract by 6 months until August 2024 while the competition effort is ongoing. This modification will allow more time for completion of the acquisition and competitive award of the larger contract estimated to be about $30-35 million. The services in this contract provide scientific and program support to the OER organization that include professional, scientific, analytical, consultative, and subject matter expertise. These services provide assistance to the organization in performing functional tasks and meeting requirements and demands of the organization and are relied upon on an on-going and as needed basis. They provide a wide range of professional program support services at various levels. These professional services are necessary to support the OER mission and allow it to function on a daily basis. The Contracting Officer determined that the services offered by DSFederal, Inc. in support of the contract are non-commercial.

The circumstance that brought about the need for this Justification and Approval for Other than Full and Open Competition is budget uncertainty which is beyond OER's ability to control during a period of Continuing Resolution. A flat line budget or potentially budget reductions means that the quantity of the services cannot be confirmed at this time for the re-competition due to potential budget reductions in FY24. Funds are not committed for the re-compete pending NIH/OD appropriations. The Continuing Resolution is currently through March 8 which is outside of OER's or the Contracting Officer's control. This is the primary contract support within OER's appropriated fund and is only programmatic option for reduction. As a result of the budget uncertainty, delays were observed in the recompete of the requirement which resulted in the need for an extension to the current contract to avoid a lapse in service.

4. Authority and Rationale: Identify the statutory authority, FAR title and FAR citation permitting other than full and open competition. It may be one of the following most commonly used citations by the operating divisions of the Department of Health and Human Services (HHS), but other exceptions may apply per FAR Subpart 6.3.

Actions other than simplified acquisition procedures (select only one and provide an explanation):

✔FAR 6.302-1: Only one responsible source and no other supplies or services will satisfy agency requirements, 41 U.S.C.

3304(a)(1) Explain why the intended contractor is the only responsible source who can provide the required supplies or s ervices.

Discuss the unique capabilities, expertise, etc. that support the lack of competition/why no other type of supplies or servic es will satisfy agency requirements. Explain factors/unique qualifications such as proprietary data or exclusive licensing rights, if applicable. When competition is limited to items particular to one manufacturer, this justification must explain why the particular brand name, product, or feature is essential to the Government's requirements, and that market research indicate s other companies' similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet the agency's needs in accordance with FAR 11.105. If in connection with a follow-on contract for continued development or production of highly specialized equipment, detail the substantial duplication of cost or unacceptable delays.

The incumbent contractor has extensive knowledge and experience with OER operations. Transition to a new contractor via a bridge contract for a short term while the contract is under recompete is cost prohibitive and there are no other vendors that can obtain staffing with the necessary highly detailed and technical skills and knowledge and therefore a change would result in lapse of knowledge and inadequate services to be provided. The incumbent is familiar and proficient with the many components of OER integrated systems and understands current needs and history. OER will need additional time to engage in acquisition activities that will allow offerors ample transition time to prepare for on boarding for a successful transition.

An award to another vendor other than the incumbent would most certainly result in a lapse in service. The processing of background investigations through the Division of Personnel Security and Access Control (DPSAC) alone would take four to six weeks. The inability to obtain qualified staffing would lead to potential delays in work on the contract and that it would take at least six months to get staff up to speed, which is more then the extension and will have a negative downstream impact to all work supported by OER. A lapse in service would have significant costs in terms of performance deficiencies that cannot be monetarily quantified. A lapse in service would impact many mission critical functions within OER that the contractor supports. These functions include providing Congress with accurate spending data on Research Condition and Disease Classification (RCDC), supporting the NIH Guide in processing NIH Notices of Funding Opportunities (NOFOs) that are critical to the grants award process, supporting the administration of the NIH Loan Repayment Programs (LRPs), supporting NIH’s Genomic Data Sharing and Data Management Sharing policies and plans, supporting NIH’s Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs, supporting biomedical research workforces aimed at cultivating a robust and diverse biomedical research workforce that will ensure the Nation’s capability to improve health. These program areas that are supported by the contractor have impact across many of the NIH’s Institutes and Centers (ICs). These positions held by the contractor cannot be easily filled by “off the shelf” candidates that possess the requisite knowledge, skills, and abilities required for successful performance and are not expected to perform at the required level immediately upon award. This is known through programmatic knowledge of the market place. These positions require a good deal of development, cultivation and maturity through experience and working knowledge and a short-term bridge contract would not allow for that to happen.

Also among the OER areas of operation affected is support for

FAR 6.302-2: Unusual and compelling urgency, 41 U.S.C. 3304(a)(2) If unusual and compelling urgency is the basis for the justification, explain the chronological events leading up to the requirement and explain why time constraints cannot permit even a limited competition. Describe the detrimental effects/ serious injury to the mission of the requiring activity or to the government, financial or otherwise, that will result if this justification is not approved. Describe impact of required delivery/performance date. Describe the detrimental effects/ seriou s injury to the mission of the requiring activity or to the government, financial or otherwise, that will result if this justification is not approved and the product or service cannot be provided by the intended sole source contractor. Failure to plan for expiring funds is not a valid reason for citing this exception. May not exceed one year, including all options, unless the head of the agency determines that exceptional circumstances apply.

FAR 6.302-5: Authorized or Required by Statute, 41 U.S.C. 3304(a)(5) Provide a citation to the statutory authorization and a brief description of its content, or identify the specified source or other agency.

Other (See FAR Subpart 6.3 for additional authority) Provide the authority and citation to the applicable section of FAR 6.3.

Provide a full explanation to justify use of the exception.

5. Agency Actions to Take or Remove Barriers That Led to Other Than Full and Open Competition (If applicable):

Describe the actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration prior to any subsequent acquisition for the supplies of services is made. If no such actions have been taken, explain why.

This is a modification to contract number 75N94019C00002 that was competitively awarded under Solicitation No. NIH-LM-01800097. An announcement will be posted on SAM.gov as required by FAR Subpart 5.2. No other vendor possesses staff that can support the requirement and there is not ample time for transition if one were to be identified. Again, the circumstances that brought about the need for this Justification and Approval for Other than Full and Open Competition are budget uncertainty during a Continuing Resolution period, and that the quantity of the services cannot be confirmed at this time for the re-competition due to anticipated budget reductions in FY24.

At this time, while OER does not anticipate that another Justification and Approval for Other than Full and Open Competition will be needed, it can not ensure this for certain.

6. Bridge Contracts:

For contract extensions or bridge contracts when a competitive follow-on is in the process of being developed, summarize history of current contract and explain the reasons for any delays in the acquisition. Include discussion of the milestones f or the follow-on action; the milestones should be as efficient as possible. Discuss why it would be neither cost effective nor realistic to expect another contractor to perform during the brief interim period; include issues such as start -up costs, phase-in, transfer of GFP, recruitment and staffing, etc. If the action is because of a protest, provide a brief discussion of the protest including the date the protest was filed and the basis of the protest. Explain that the action will provide the minimum quant ity or performance period.

This is a modification to extend services for contract number 75N94019C00002 awarded to DSFederal, Inc. for the performance period of March 1, 2019 - February 29, 2024. The purpose for the extension is to continue with uninterrupted services for 6 months while a follow-on competition effort is ongoing. The primary factor for delaying the acquisition is OER's budget uncertainty for FY24 and the level of effort that will be required. OER will likely undergo budget cuts and may lack the funding available to fully fund a new award, OER is requesting to exercise the option to extend services for 6 months to allow for more time to understand FY24 funding levels while it aims for the completion of a follow-on acquisition prior to the end of the 6 month extension. Professional services provided on this requirement are necessary to support the OER mission and the incumbent contractor has extensive knowledge and experience with OER operations. A transition to a new contractor for a short term while the contract is re-competed is cost prohibitive and would result in lapses in knowledge retention and the potential of having to endure inadequate services.

7. Actions to Increase Competition:

Describe efforts made to compete the action, including whether a notice was or will be publicized as required by FAR Subpart

5.2 or which exception under FAR 5.202 applies. If a notice was publicized, discuss the number of written responses to the synopsis and the results of the assessment of the written responses. List sources, if any, that expressed, in writing, an interest in the acquisition. Provide rationale if interested sources were rejected. If applicable, state that no other sources have expressed interest, but all offers received shall be considered. Describe what actions will be taken to increase competition before subsequent acquisition of the supplies or services is required. You may state that an action is a one-time requirement, but if a similar requirement arises, every effort will be made to compete it to the maximum extent possible. If action is sole source because of proprietary data or licensing rights and there will be a continuing need for the requirement, there must be evidence that advanced planning has been initiated to overcome the barriers to competition, or there should be documentation to support an analysis that replacement costs/licensing purchase costs outweigh the benefits of competition. If the action is a contract extension or bridge, explain actions to compete the follow-on. If action is an urgent new requirement and a competitive follow-on is anticipated, explain that efforts are underway to facilitate a full and open competition.

This is a modification to contract number 75N94019C00002 that was competitively awarded under Solicitation No. NIH-LM-01800097.

The notice of intent to sole source was posted on January 31, 2024 on SAM.gov and it closed on February 14, 2024. The notice stated that NIH intends to negotiate and award, on a sole-source basis, a modification to contract number 75N97019C00002 with DSFederal, Inc.

The notice included the services provided including professional, scientific, analytical, consultative, and subject matter expertise. Also, all the Task areas of services in the contract were provided in the notice. The notice explained the bridge contract shall be for 6 months. This proposed contract action was stated to be for services for which the government intends to solicit and negotiate with only one source under the authority of FAR Part 6.302-1. NIH requested other firms that feel they are qualified to provide such services submit a detailed capability statement documenting their ability to provide this service by meeting the requirements stated. No interested parties identified their ability or interest to provide the services by providing capability statements or responded to the notice to sole source in any form. An announcement will be posted on SAM.gov as required by FAR Subpart 5.2. This action is a one-time requirement, but if a similar requirement arises, every effort will be made to compete the requirement in the follow on environment.

8. Market Research:

Describe the extent of the market research conducted to identify all qualified sources and the results thereof. “Market Research” is defined as those attempts you made to ascertain whether other qualified sources exist, and can include contact with knowledgeable experts regarding similar or duplicate requirements, contact with industry, results of a sources sought synopsis, or draft solicitations. Research of the marketplace may consist of written, electronic (i.e. email) telephonic, or world wide web inquiries. Lack of advanced planning is not an acceptable reason for the lack of market research, but true urgency may necessitate abbreviated market research that is limited to readily available historical and commercial information. If ac tion is a contract extension or bridge contract, describe the market research efforts underway or completed for the follow-on. See FAR 10.002(b)(2).

hile this action is a continuation of the current effort, market research has commenced for the follow on effort. The Contracting Officer (CO) and the Contracting Officer's Representative (COR) conducted market research including contacting knowledgeable individuals in Government and industry regarding market capabilities to meet the requirements. Also, the CO and the COR reviewed the results of recent market research undertaken to meet similar requirements.

The notice of intent to sole source was posted on January 31, 2024 on SAM.gov and it closed on February 14, 2024. The notice stated that NIH intends to negotiate and award, on a sole-source basis, a modification to contract number 75N97019C00002 with DSFederal, Inc. The notice included the services including professional, scientific, analytical, consultative, and subject matter expertise. Also, all the Task areas of services were provided in the notice. The notice explained the bridge contract shall be for 6 months. NIH requested other firms that feel they are qualified to provide such services submit a detailed capability statement documenting their ability to provide this service by meeting the requirements stated. No interested parties identified their ability or interest to provide the services by providing capability statements or responded to the notice to sole source in any form.

9. Procurement History:

Purchase order or contract number: 75N94019C00002

Was action competed? ✔ Yes

No

If action was not competed, state the cited authority, summarize rationale, and describe the actions that were supposed to be taken to increase competition and the results thereof:

10. Additional Information to support the justification:

If applicable, explain why technical packages or specifications to facilitate competition were not developed or available;

describe actions taken to remedy the situation.

11. Technical / Requirements Certification: By my signature below, I certify that the supporting data included in this J&A is accurate and complete.

Program Manager

Name: Martin Marino

Position Title: Financial Management Analyst

Email address:

mmarino@od.nih.gov

Phone: 301.594.4330

Program Manager Supervisor (or one level above Program Manager)

Name: Christine Clarkston

Position Title: OER Budget and Contracts Lead (Supervisory Financial Management Analyst)

Email address:

christine.clarkston@nih.gov

Signature: Christine L. Clarkston -S Digitally signed by Christine L. Clarkston -S Date: 2024.02.22 10:07:35 -05'00'

Date:

12. Fair and Reasonable Price/Cost Determination: As Contracting Officer, by my signature below, I hereby determine that the anticipated price/cost to the Government for this contract action will be fair and reasonable.

Provide the basis for this determination, e.g., describe techniques to be used to determine fair and reasonable price (FAR Subpart 15.402), such as price analysis, cost analysis, cost realism. Per FAR Subpart 15.403-4(a)(1), the threshold for obtaining cost or pricing data is $750,000.

Name: Donald Ledwig Phone:

Signature: Donald E. Ledwig -S Digitally signed bDyaDtoen:ald E. Ledwig -S Date: 2024.02.22 10:11:06 -05'00'

13. Contracting Officer's Approval (Required for proposed contract not to exceed $700,000 (value calculated including all options)): I hereby certify that this justification is accurate and complete to the best of my knowledge. I approve this justification subject to availability of funds, and provided that the services and supplies herein described have otherwise been authorized for acquisition.

Name: Donald Ledwig Phone:

Signature: Donald E. Ledwig -S Digitally signed by Donald E. Ledwig -S Date: 2024.02.22D1a0:t1e1::57 -05'00'

14. Legal Review:

All J&As greater than $68 million must have a legal review from the General Law Division of the Office of the General Counsel prior to sending it to the Department.

15. OPDIV Competition Advocate Approval (Required for proposed contract over $700,000 but not exceeding $13.5 million (value calculated including all options)):

I have reviewed this justification and find that it adequately supports other than full and open competition.

Name: Dr. Kathryn Partin, Director of Research Integrity, NIH

Phone: 301-917-7233

Signature:

Digitally signed by Kathryn M.

Kathryn M. Partin -S Partin -S Date: 2024.02.26 15:09:34 -05'00'

Date: 2/26/2024

All J&As greater than $68 million must have a review from the Office of Small & Disadvantaged Business Utilization (OSDBU) prior to sending it to the Department. The OSDBU at their discretion may review any J&A.Office of Small and Disadvantaged Business Utilization Review: (Required for contracts exceeding $68 million (value calculated including all options)):

Concur:

Non-Concur:

Name: Phone:

Signature: Date:

16. OPDIV HCA Approval (Required for proposed contract over $13.5 million but not exceeding $68 million (value calculated including all options)):

Name: Tiffany Chadwick for Diane Frasier, HCA Phone: 301-594-4892

Signature: Tiffany D. Chadwick - Digitally signed by Tiffany D.

Chadwick -S

S Date: 2024.02.26 11:14:13 -05'00' Date: 2/26/24

17. Department Competition Advocate (Required for contracts exceeding $68 million (value calculated including all options)):

Concur:

Non-Concur:

(The below approval paragraph is required if the cumulative contract value, including all options, exceeds $68 million.)

18. HHS Senior Procurement Executive (SPE) Approval:

Based on the foregoing justification, I hereby approve other than full and open competition for the above stated procurement, subject to the availability of funds, and provided that the services herein described have otherwise been authorized for acquisition.

State supplies/services being procured:

State the full statutory authority and FAR cite and title, consistent with paragraph 4, e.g. 41 U.S.C. 3304: