JA_Other_Than_Full_and_Open_CompetitionJV (02_28_2023) signed2.pdf

U.S. Department of Homeland Security Office of the Chief Procurement Officer

Justification and Approval for Other Than Full and Open Competition Version 3.1

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JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION (Authority 41 U.S.C. 3304(a)(2))

J&A No.: 23-228

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.3 and in accordance with the requirements of FAR 6.303-1, the justification for the use of the statutory authority under FAR Subpart 6.3 is justified by the following facts and rationale required under FAR 6.303-2 as follows:

1. Agency and Contracting Activity. The Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA) in accordance with FAR part 6.302-2, Unusual and Compelling Urgency proposes to extend services on the IDIQ base award for Medical Staffing Services to facilitate the recovery efforts necessary to address the 2019 Novel Coronavirus (COVID-19).

2. Nature and/or description of the action being approved. The COVID-19 pandemic continues to ravage the United States with the appearance of the various variants which have exacerbated the already weakened healthcare system. The number of COVID cases across the United States continues to increase at a rate that indicates the virus is not contained.

FEMA previously competed and awarded the National Clinical Vaccination (NCV) contract which was recently awarded on May 15, 2021. These services are vital to controlling the spread of the COVID-19 virus.

(a) Nature of action: DHS/FEMA intends to extend the period of performance of an IDIQ for critically needed medical staffing services for vaccination services in response to the ongoing COVID-19 pandemic.

(b) Name and address of the contractor: Logistics Health Inc. (Optum Serve), 328 Front Street South, La Crosse, WI 54601-4023

(c) Contract type: Hybrid (Time and material and firm-fixed price) covering an existing IDIQ contract.

(d) Estimated total value: This J&A extends the period of performance for an existing IDIQ..

FEMA is not seeking to increase the ceiling amount on the IDIQ, which is currently $1.6 billion. It is estimated that $12 million will be issued under the extended IDIQ.

Period Duration Period of Performance Base 6-Months 5/14/2021 to 11/13/2021 Option Period (52.217-9) 6-Months 11/14/2021 to 5/13/2022 Modification (52.217-8) 6-Months 5/15/2022 to 11/14/2022 Modification 106 days 11/15/2022 to 03/01/2023

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Modification 30 days 03/02/2023 to 03/31/2023

(e) Type of funding: There is no funding needed to extend the base contract. Task orders will be funded using DRF (no-year) funding.

(f) Year of funding: DRF (no-year) funding.

(g) Solicitation number: To be identified at the individual contract or task/delivery order level.

All actions made under this J&A shall include a copy of this J&A in the contract file.

(h) Background information about the requirement: In response to the COVID-19 vaccine and urgent need to provide federal support for an unprecedented national vaccination program, FEMA awarded two IDIQ contracts (70FB8021D00000002 and 70FB8021D00000003).

Currently, only 70FB8021D00000002 is active; however, it is due to expires on March 1, 2023.

3. Description of Supplies/Services. To obtain contractor-managed licensed medical professionals for COVID-19 vaccine administration in support of federal assistance to state, local, tribal, and territorial (SLTT) partners in response to all Major Disaster Declarations for the COVID-19 Pandemic, in accordance with section 403 of the Robert T. Stafford Act, the public health emergency declared on January 31, 2020 pursuant to section 319 of the Public Health Service Act, 42 U.S.C. 247d, and the Public Readiness and Emergency Preparedness Act (PREP Act) Declaration issued on February 4, 2020 and all subsequent amendments.

Under its Stafford Act authorities, FEMA has the lead responsibility to support U.S.

Department of Health and Human Services in responding to all State and local needs related to the COVID-19 response.

4. Identification of statutory authority permitting other than full and open competition.

The statutory authority permitting other than full and open competition under FAR part 6.302-2 Unusual and Compelling Urgency, 41 U.S.C. § 3304(a)(2), (“the executive agency’s need for the property or services is of such an unusual and compelling urgency that the Federal government would be seriously injured.

5. Identification of Exception to the Buy American Statute. N/A

6. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

Any delay in providing critical support and medical supplies, services and equipment could cause serious injury to FEMA’s response effort under the National Emergency Declaration and related Major Disaster Declarations. The current contract (COVID-19 Vaccination Medical Staffing IDIQs) was awarded in response to the original strain of COVID-19 and subsequently extended in response to the Delta and Omicron variants. While the COVID-19

Justification and Approval for Other Than Full and Open Competition Version 3.1

- 3 -pandemic has receded from the media, it still claims over an estimated 375 lives a day (likely an undercount based on current reporting deficiencies nation-wide). At the direction of the White House and FEMA senior leadership, new contracts are being pursued to continue the national clinical vaccination medical capability. FEMA’s response to the recent double major hurricanes devastating Puerto Rico and Florida impacted the procurement plan, creating a gap between the existing and new contracts. The existing IDIQ expires 03/01/2023. The technical review from the recompete is almost complete and it is anticipated the new contract will be ready no later than March 31, 2023. This J&A is essential to bridge that gap and continue coverage.

7. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable.

An announcement will not be published based on the exception made under FAR 5.202(2).

The proposed contract action is made un the conditions described in 6.302-2 and the Government would be seriously injured if the agency complies with the time periods specified in 5.203.

8. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The contracting officer will use appropriate and available information to review proposed prices and determine that they are fair and reasonable, and such documentation shall be included in the contract file. The contracting officer will review the offerors’ published commercial price, price lists for various government-wide acquisition vehicles and pricing data contained in the GSA Acquisition Gateway Pricing Portal. The contracting officer will also request other cost data and an explanation of market conditions from the offeror in the event that proposed prices exceed published commercial prices. Other information that may be used include the Independent Government Cost Estimate (IGCE), historical information, contractor invoice payments and commercial pricing that has been determined to be fair and reasonable. If required, certified cost or pricing data or information other than certified cost or pricing data will be documented in the contract file. Contract files for actions taken under the authority of this justification shall include documentation of the price/cost analysis conducted and that the proposed price is fair and reasonable.

9. Description of market research.

Original market research was conducted between January 21 – February 11, 2021. For this re-compete, additional market research to validate and update information was conducted between July 15 - August 18, 2022. The methods used included publication of Request for Information on Sam.gov, GSA schedule, industry interviews and consulting various other federal agencies, such as the HHS and VA. The market research indicates the service is commercially available

Actions taken under the authority of this J&A include documentation of market research performed and prospective sources of supply and services from the existing contracts and in the new contract acquisition plan approved by DHS.

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Any other facts supporting the use of other than full and open competition.

None.

A listing of the sources, if any that expressed, in writing, an interest in the acquisition.

None. The government did not issue a synopsis.

A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for supplies or services required.

This J&A shall remain in effect from , 202 to March 1, 2023. However, FEMA contracting officers will, to the maximum extent possible, work to complete the new contract award as quickly as possible.

Contracting Officer’s Certification. I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

Contracting Officer Date

14. Technical/Requirements Personnel Certification. I certify this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

FEMA Technical Representative Date

Contracting Officer: Not exceeding $700K Date

Procuring Activity Advocate for Competition Date $700K to not exceeding $13.5 mil

JEFFREY S VOLKMAN

Digitally signed by JEFFREY S

VOLKMAN

Date: 2023.03.01 11:57:53 -05'00'

MICHAEL C BONDS Digitally signed by MICHAEL C BONDS Date: 2023.03.01 11:16:29 -06'00'

MICHAEL C BONDS Digitally signed by MICHAEL C BONDS Date: 2023.03.01 11:17:14 -06'00'

Digitally signed by TYUANA L

BAILEY

Date: 2023.03.01 12:51:25 -05'00'