JA19-0141B_Atch1_JandA_KMPNP_091719_-_CAE_20-04461_Redacted.pdf

FOR OFFICIAL USE ONLY - Source Selection Information – See FAR 2.101 and 3.104

FOR OFFICIAL USE ONLY - Source Selection Information – See FAR 2.101 and 3.104

JUSTIFICATION AND APPROVAL (J&A)

for

FAR Subpart 6.3 Other Than Full and Open Competition Knowledge Management Services for Prenatal and New Parents Services

Justification and Approval for Other Than Full and Open Competition

J&A Tracking No. 19-0141B

1. Identification of the agency and contracting activity: The Defense Health Agency, Professional Services Contracting Division (PS-CD) (J4), plans to award a sole source bridge contract to TPR Media, LLC d.b.a. Ubicare. for the Knowledge Management for Prenatal and New Parents Services in support of the DHA Medical Affairs, Clinical Support Division, (J3).

2. Nature and/or Description of Action being approved: This award will result in a bridge contract for a three (3) month base period from 1 October 2019 to 31 December 2019, three one-month options from 01 January 2020 to 31 January 2020, 01 February 2020 to 29 February 2020 and 01 March to 31 March 2020. An additional six (6) month extension of services option period from 01 April 2020 to 30 September 2020 to TPR Media, LLC dba Ubicare. This is an individual justification.

3. Description of Supplies/Services required to meet the agency’s needs: This requirement is for continued electronic services and materials required to procure a subscription providing MHS beneficiaries’ access to weekly electronic communications from gestational age of 7 weeks to up to the toddler’s third birthday delivered to the participants’ electronic device of choice. A breastfeeding module will begin at 35 weeks of pregnancy through week 6 of infancy, and then continue monthly from 2 months until the infant’s first birthday. The product is customizable capacity for up to 50 MTFs allowing some customizing of content, resources and alerts delivered weekly and ad hoc. The material will be free from advertisement, endorsement, or links to advertisers. Services shall include telephonic and on-site engagement with the MTF points of contact to ensure appropriate orientation to the program with technical support to rapid enrollment of beneficiaries to receive the materials. The materials are to be available to the perinatal and pediatric providers as well. Services shall include: Push messaging – delivered directly to each beneficiary; a platform that provides DHA, DoD, MTF physicians, nurses and staff control and access to the full program immediately and at any time; and 24/7 access to training and program usability tools.

The base period of performance will be

This Bridge task order also includes an additional six month extension of services option period from in accordance with FAR 52.217-8.

The total estimated value of this effort is for the three (3) month base period and the three (3) one-month options periods. An additional value of is estimated for the six

FOR OFFICIAL USE ONLY - Source Selection Information – See FAR 2.101 and 3.104

(6) month extension of services period for a total value of . The three (3) month base period will be funded with FY20 O&M [one year] funds.

The period of performance and estimated costs will be as follows:

Period of Performance Estimated Price Base Period Option Period One Option Period Two Option Period Three

(FAR Clause 52.217-8 Extension) 6-Month

4. Statutory and Regulatory Authority Permitting Other Than Full and Open Competition (see FAR 6.302): 10 U.S.C. 2304(c)(1) 6.302-1 – Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. Rationale Justifying Use of the Regulatory Authority Cited: The rationale for citing the above referenced authority is to ensure there is no gap in coverage. The current task order expires as of Currently, DHA is in the pre-solicitation phase in order to re-compete this effort with changes to allow for maximum opportunity for competition. This request is to execute a bridge action “as a new, short-term contract awarded on a sole-source basis to a contractor to avoid a lapse in service caused by a delay in awarding the new contract”. This sole-source bridge action award is limited to a three month base period of performance and three (3) one-month option periods with a six (6) month extension of services option for a total of no more than 12 months and is required for three reasons:1) the re-compete contract is currently in the pre-solicitation phase and will not be available for award by the time this option period expires as of and 2) the impact to the beneficiary means that the beneficiary will not have direct access to DHA evidenced-based prenatal and new parent information provided through the Military Treatment Facility after .

The current Knowledge Management for Prenatal and New Parent services is an integral part of providing the necessary evidenced-based information to ensure that prenatal women and new parents have direct access to information in order to provide highly reliable, and safe care for mothers and infants. Additionally, a gap in services places risk to beneficiaries and their access to evidence-based prenatal and new parent information. If the bridge action is not awarded, then beneficiaries will experience an abrupt termination of services without any transition plan in place.

The incumbent vender, TPR Media, LLC d.b.a. Ubicare, a Woman-Owned Small Business (WOSB) has provided this service for over 10 years and is highly capable of continuing to

FOR OFFICIAL USE ONLY - Source Selection Information – See FAR 2.101 and 3.104 provide this most necessary service in order to ensure mothers and infants have direct access to the most current information possible to ensure the health and welfare of both.

6. Efforts to Obtain Competition: In July 2019, a Request for Information (RFI) was posted on FedBizOps resulting in 5 responses being received and assessed. Based on the results of the RFI, a determination was made that the re-compete effort would be solicited using Full and Open Competition methodology under FedBizOps to allow for maximum competition within the large and small business markets. The re-compete effort is currently in the pre-solicitation phase as based on the results of the RFI, the Acquisition Strategy required revisions. It is anticipated that the solicitation will be issued First Quarter Fiscal Year 20 (1QFY20).

In addition, a notice of contract action under this approval for other than full and open competition will be synopsized in accordance with FAR subpart 5.2, Bids, proposals, or quotations have not been solicited from additional sources for the reasons specific in paragraph five (5) above and paragraphs eight (8) below; however, proposals will be solicited for a new contract due to the significant changes to DHA and MHS as a whole. Currently, the re-compete effort is in the pre-solicitation phase as the acquisition strategy is being revised based on the results of the RFI. It is anticipated that the solicitation will be issued within the 1QFY20. A contract awarded under this approval for other than full and open competition will be synopsized in accordance with FAR 5.3.

7. Determination that Anticipated Cost to the Government will be Fair and Reasonable:

The Contracting Officer hereby determines that this Bridge Contract represents the best value for the Government in accordance with FAR 6.303-2. The anticipated cost to the Government for this Bridge Contract will be determined fair and reasonable based on historical prices for same/similar support. It is anticipated that the current incumbent, TPR Media, LLC dba Ubicare, will propose pricing comparable to the current year pricing. This is a firm-fixed price effort.

The Government will make a determination of fair and reasonable pricing based on a comparison between the incumbent’s current year pricing, prices proposed before award, and an open market comparison. Although there are other sources capable of meeting the Government’s requirement, there is no other mechanism available to provide prenatal and new parent information directly to DHA beneficiaries at this time without significant delays, lead time, and incurred costs. This bridge contract will be funded for a three (3) month base period with FY20 funds.

Furthermore, Ubicare’s past performance record has been satisfactory, and Ubicare has the knowledge, expertise, and information readily available in order for beneficiaries to access the necessary prenatal and new parent information directly to maintain continuity of services.

Retaining the incumbent services provides the best overall value to the Government and ensures there is no gap in coverage. The contracting office will determine the price is fair and reasonable based on price analysis by comparing the proposed price with Ubicare’s current contract prices.

8. Market Research: Updated informal Market Research was conducted in 2019 which found that there are other entities that can provide the full scope of the requirements set forth in this analysis. In July 2019, a Request for Information (RFI) was posted on FedBizOps resulting in 5 responses being received and assessed.

Based on the results of the RFI, it was determined that the best acquisition strategy to allow for maximum participation and to increase the opportunity for competitive pricing, for the re-compete acquisition for the DHA Medical Affairs, Clinical Support Division (J3) Knowledge Management Electronic Services for Prenatal and New Parents should be solicited as a full and open competition utilizing FedBizOps on a firm-fixed price basis. However, due to the nature of this bridge action, Ubicare remains the only contractor to meet the requirements needed to fulfill the program within the required timeline to ensure no gap in services. Additionally, a delay in an award or a gap in services places risk to beneficiaries and their access to evidence-based prenatal and new parent information. If the bridge action is not awarded, then beneficiaries will experience an abrupt termination of services without any transition plan in place.

9. Other Facts: The incumbent, Ubicare, possesses the knowledge and expertise and is the only logical source to maintain continuity of services in the performance of the Knowledge Management of Prenatal and New Parent Services in order for beneficiaries to obtain direct access to evidence-based prenatal and new parent information.

10. Interested Sources: Based on the results of the RFI, the following sources have submitted interest in the new Knowledge Management Electronic Services for Prenatal and New Parents:

11. Actions to overcome barriers: DHA is currently working on a full and open competition to award a new contract as the current vendor and the deliverables of the contract were developed over ten years ago. Technology and DHA priorities have changed over time and the contract and potential vendors need to evolve with those evolutions.

FOR OFFICIAL USE ONLY - Source Selection Information – See FAR 2.101 and 3.104

COORDINATION:

12. Technical/Functional Representative:

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

Date

13. Requirements Certification:

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

Date

14. Fair and Reasonable Price Determination:

I have determined that this contract action represents the best value to the Government and that the anticipated price to the Government is fair and reasonable, in accordance with FAR 6.303-2.

Date

FOR OFFICIAL USE ONLY - Source Selection Information – See FAR 2.101 and 3.104

15. Legal Review:

I have reviewed this justification and have found it to be legally sufficient.

Date

APPROVAL:

16. Contracting Officer:

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

Date

17. Competition Advocate:

Based on the foregoing justification, I hereby approve the procurement for the Knowledge Management for Prenatal and New Parents Services on a limited or restricted consideration basis pursuant to the authority listed above, subject to availability of funds, and provided that the supplies and/or services herein described have otherwise been authorized for acquisition.

Date