JA22-0042B_Redacted.pdf

1/28/22, 10:40 AM JA -

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

Justification and Approval (J&A) for Federal Acquisition Regulation (FAR) Subpart 6.3

Other Than Full and Open Competition Title: Program Management Support for Disability Evaluation System J&A Number: JA-22-0042B

Created By: Additional POCs:

1. Identification of the agency and contracting activity:

Professional Services Contracting Division

2. Nature and/or Description of Action being Approved:

modification to an existing contract Individual

3. Description of Supplies/ Services:

Booz Allen Hamilton, Inc., (BAH) provides program management, analytical, consulting, and administrative services supporting DHA Clinical Support Division (CSD) and the Deputy Assistant Secretary of Defense for Health Services Policy & Oversight programs. Services include:

Program Management Support Legislative Affairs Congressional Reporting and Liaison Services DES and National Resource Directory Information Technology Support Administrative, Operational and Logistics Support International Work Groups and Symposiums

TOTAL Contract Value

POP: From 1/17/2019 to 5/16/2022

Estimated Value $

BASE

POP: From 1/17/2019 to 1/16/2022

Estimated Value $6,784,056.08

Type of Contract (Primary):

FAR 16.202 Firm-Fixed-Price

Options: Yes

Number of Options: 2

POP (All options): From 1/17/2022 to 5/16/2022

Estimated Value (all options): $

Funding Type:

Operations & Maintenance (O&M)

Extension of Services: No

Clause:

Estimated Value:

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Number of Months:

The approval requested is for the amount shown in the Option Period. The amount shown in the base period was previously approved under the actions described and paragraph 9(a)(3) through 9(a)(8).

4. Statutory and Regulatory Authority Permitting Other Than Full and Open Competition (see FAR 6.302), or the Specification of the Statutory and Regulatory Provision Providing Exception to 8(a) Program Competitive Requirements (see FAR 19.805-1):

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 Statutory Authority Cited:

The current contract continued services through January 16th, 2022, while the agency awaited a General Accounting Office (GAO) decision on two protests with a stay of performance for the competitive award from solicitation HT001120R0003 to replace the services under this contract. Following denial and dismissal of those protests, an interested party filed a protest with the Court of Federal Claims (COFC). Under the supervision of the court, the agency entered into a voluntary 4-month injunction against performance of the competitive award.

The contract extension under this justification will prevent a gap in necessary services, providing the agency time to address the protest and respond to a ruling by the court. The incumbent, BAH, possesses the operational infrastructure and knowledge required for successful performance. The contractor can continue to provide the support required during this extension without a loss of efficiency and negative impact to program support functions. These services must continue uninterrupted in order to meet the needs of our wounded warriors and avoid unacceptable delays in fulfilling the agency’s requirements.

Although there are other sources available that can meet the Government’s requirements, none would have the infrastructure or expertise perform the services without significant transition time.

Additionally, under an injunction, any continuation of existing services can only be performed by the incumbent contractor.

6. Efforts to Obtain Competition:

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 specified in paragraph five above and paragraphs eight and nine below; however, the agency anticipates start of a competitively awarded contract, subject to a ruling on the protest. A contract extension 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 anticipated cost to the Government for the Bridge will be reviewed for fair and reasonable pricing based on a comparison and price analysis between the offeror’s pricing and pricing form the Government IGCE created utilizing General Services Administration (GSA) One Acquisition Solution for Integrated Services (OASIS) Price Estimating Tool (PET).

8. Market Research:

The Government conducted market research as a routine course of action in pursuit of a follow-on contract, the award of which is currently under protest. Research gained through the Warrior Care competitive solicitation, which was issued via Business Opportunities in 2020, indicated that no existing vehicle was identified that could meet this complex requirement in the limited timeframe needed.

9. Other Facts:

This sole source 4-month bridge extension is being implemented in order to keep current business operations and administrative services operational while the Government awaits resolution of a protest. The actions to overcome barriers cited in the previous justification (see 9(a)(9), below), included resolution of the GAO protests, which were completed. As such, the approval authority for this justification remains with the Contracting Officer and does not elevate to the Competition Advocate, under the procedures at DFARS PGI 206.203.

a) Historical data. This contract was previously awarded to BAH.

1. A Justification and Approval (Tracking #JA16-0012) Award HT0011-16-C-0004 was approved and continued the ongoing work on contract vehicle W91WAW-11-D-0026 under Task Order 2E01, which was competed under full and open competition. With the Department of Army vehicle expiring on January 16th, 2016, the Agency began preparations for a new contract award. However, in late 2015 the agency encountered delays due to significant changes through requirement development, solicitation, and evaluation of offers to a competitive follow-on contract. This award provided services from January 17th, 2017, through January 16th, 2018.

2. A Justification and Approval (Tracking #JA17-0028) Award HT0011-17-C-0003 was approved on December 19, 2016, citing the authority of FAR 6.302-1(a)(2)(iii)(B). There have been significant changes through requirement development, solicitation, and evaluation of offers to a competitive follow-on contract. The follow-on was solicited as a 100% small business set-aside for full and open competition after exclusion of sources and posted to the Federal Business Opportunities portal. Competitive offers were received, for the consolidated award for https://info.health.mil/sites/DOP/PAC/SitePages/JA/Admin.aspx 3/4

Warrior Care. The Government was in the source selection evaluation process when a number of issues were discovered by the Government regarding the re-compete. The Government undertook a number of actions as a result which included the cancellation of the solicitation and the source selection evaluation process. This award provided service from January 17th, 2017, through January 16th, 2018.

3. A Justification and Approval (Tracking #JA18-0012(Award HT0011-18-C-0011 was approved on December 19, 2017, citing the authority of FAR 6.302-1(a) (2) (iii) (B). The cancellation of the previous solicitation, and the Government response to the issues discovered, have delayed the development of the requirements and preparation of a solicitation for a follow-on contract. To aid in identifying a way forward an Integrated Product Team (IPT) was initiated. The Warrior Care IPT was tasked to review the functions of the three separate warrior care contracts (Disability Evaluation System (DES), Recovery Care Coordination Program (RCP), and Program Support including its sub-programs, and to make actionable recommendations. On the recommendation of the Warrior Care IPT, the agency delayed the procurement actions for the follow-on contract to focus on development of the requirements.

This award continued services from January 17th, 2018, through January 16th, 2019..

4. A Justification and Approval (Tracking #JA19-0010B) Award HT0011-19-C-0005 was approved on 31 December 2018, citing the authority of FAR 6.302-1(a)(2)(iii)(B). The cancellation of the previous solicitation, and the Government response to the issues discovered, have delayed the development of the requirements and preparation of a solicitation for a follow-on contract. This award continued services from January 17th, 2019, through January 16th, 2020.

5. A Justification and Approval (Tracking #JA20-0008B) Award HT0011-19-C-0005 was approved on December 19, 2019, citing the authority of FAR 6.302-1(a)(2)(iii)(B). The CSD needed this extension modification to prevent a gap in services, and continued to work with the contracting activity to provide the necessary documentation to procure a follow-on contract. This extension continued services from January 17th, 2020 through July 16th, 2020.

6. A Justification and Approval (Tracking #JA 20-0083B) Award HT0011-19-C-0005 was approved on July 15, 2010, citing the authority of FAR 6.302-1(a)(2)(iii)(B). During the previous extension, the agency completed requirements planning and issued a solicitation on May 13th, 2020, with proposals received on June 22nd, 2020. The agency required additional time to complete the source selection. This extension continued performance from July 17th, 2020, through January 16th, 2021

7. A Justification and Approval (Tracking #JA 21-0040B) Award HT0011-19-C-0005 was approved 16 January 2021, citing the authority of FAR 6.302-1(a) (2) (iii) (B). This extension continued performance from January 17th, 2021, through July 16th, 2021, while the agency continued source selection activities.

8. A Justification and Approval (Tracking #JA21-0197B) Award HT0011-19-C-0005 was approved on July 14th, 2021, citing the authority of FAR 6.302-1(a)(2)(iii)(B). This extension continued services from July 17th, 2021, through October 16th, 2021, during which time the agency completed source selection activities and notified offerors of a selection decision.

The award decision was protested to GAO, resulting in a stay of performance.

9. A Justification and Approval (Tracking #JA 22-0002) Award HT0011-19-C-0005 was approved on November 4th, 2021, citing the authority of FAR 6.302-1(a)(2)(iii)(B). This extension continued services from October 17th, 2021, through January 16th, 2022, pending resolution of GAO protests. GAO denied and dismissed the protests in December, 2021. An interested party subsequently protested the award to the Court of Federal Claims.

10. Interested Sources:

The agency made an award decision for competitive follow-on to the services under this justification, following evaluation of eleven complete proposals.

11. Actions to overcome barriers:

The agency is under voluntary injunction, supervised by the Court of Federal Claims, for performance of a competitive follow-on until such time as the court issues a ruling on the protest.

Coordination & Approval

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.

Name: Title: Nurse Consultant

Approved: - Saturday, January 15, 2022

Comments:

13. Requirements Certification:

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

Name: Title: Chief, Integrated Clinical Operations Policy Support https://info.health.mil/sites/DOP/PAC/SitePages/JA/Admin.aspx 4/4

J-Directorate Office: Medical Affairs

Approved: - 18 Jan 2022, 12:44:17

Comments:

14. Fair and Reasonable Cost Determination:

I have determined that the anticipated cost to the Government for this contract action is fair and reasonable.

Name: Title: Contracting Officer, Professional Services Contracting Division

Approved: - Saturday, January 15, 2022

Comments:

15. Legal Review:

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

Name: Title: Office of General Counsel

Approved: - 18 Jan 2022, 13:20:17

Comments: No comments.

16. Contracting Officer:

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

Name: Title: Contracting Officer, Professional Services Contracting Division

Approved: - Tuesday, January 18, 2022

Comments:

Version: 265.0 Created at 1/14/2022 9:22 AM by Last modified at 1/19/2022 6:54 AM by Workflow

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