JA22-0043B_Redacted.pdf

1/28/22, 10:45 AM JA -

https://info.health.mil/sites/DOP/PAC/SitePages/JA/Admin.aspx 1/6

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: Disability Evaluation System Progam Support

J&A Number: JA-22-0043B

Created By:

Additional POCs:

Enter users separated with semicolons.

Users entered in this field will be copied on notification emails as well as have access to view and edit this J&A.

1. Identification of the agency and contracting activity:

Specify the contracting activity responsible for this action.

Professional Services Contracting Division

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

State whether approval is being requested for a new contract or bridge action, and whether it is an individual or class justification.

(see DHA PGI 206.3) new contract modification to an existing contract

Individual

Class

Approval is being requested to modify Firm Fixed Price (FFP) contract HT001119C0007 to Booz Allen Hamilton, Inc., (BAH) for an additional 4 months of service, divided into a 3-month period from January 16th, 2022, though April 15th, 2022, and a 1-month option from April 16th, 2022, through May 15th, 2022.

3. Description of Supplies/ Services:

Describe the supplies and services. Provide the period of performance for the base and all options, and the estimated value by base, option, and the total, including any extension of services, as applicable. Include type of contract (e.g., Fixed Price or Cost Reimbursement), type of funds to be used, (Department of Defense, Veterans Affairs, Joint Incentive Fund-No Year (DoD/VA JIF-NY), Operations & Maintenance (O&M), Research, Development, Test & Evaluation (RDT&E), Other Procurement (OP), or Revolving Funds-NY) and, when applicable, the estimated share and ceiling arrangements, and fee and/or profit. If the requirement is for a repair part, address whether or not it has been screened. If the repair part has been screened, provide the Acquisition Method Code (AMC) and Acquisition Method Suffix Code (AMSC). Provide the approximate date the technical data package will be available.

Description of Supplies and Services:

Booz Allen Hamilton, Inc. provides professional, administrative and management, and general management consulting services for Disability Evaluation System (DES), and Special Compensation for Assistance with Activities of Daily Living (SCAADL) programs in support of the DHA Clinical Support Division (CSD) and the Deputy Assistant Secretary of Defense for Health Services Policy & Oversight.

Professional, administrative and management, and general management consulting services include:

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Strategic Planning and Policy Development, Review and Integration Provides for warrior care surveys and survey reports Provides DES Customer and Stakeholder Satisfaction Survey Report Provides Annual Compensation and Benefits Handbook Analyzes Disability Evaluation System IT Requirements using a Business Requirements document.

Prepares and submits updates to the DES IT Business Case Conducts and provides analysis of Integrated Disability Evaluation System (iDES) Information Management Reports.

Provides and analyzes all data points relevant to all facets of the DES.

Assist in the development of monthly SCAADL Information Management Report.

Provides Operational oversight of DES policy and programs.

Manages DES Quality Assurance Program to provide for accurate and consistent disability determinations for wounded, ill, and injured Service members across the Military Departments in accordance with DOD policies.

Supports the development of yearly report to Congress

TOTAL Contract Value

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

Estimated Value

BASE

POP: From 1/16/2019 to 1/15/2022

Estimated Value 24,822,662.10

Type of Contract (Primary):

FAR 16.202 Firm-Fixed-Price

OPTIONS - Check this box if there are options

Number of Options: 2

POP (All options): From 1/16/2022 to 5/15/2022

Estimated Value (all options):

Funding Type:

Operations & Maintenance (O&M)

Extension of Services - Check this box if there is an extension clause

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:

Provide sufficient facts and rationale justifying use of the specific authority cited under Item 4 above (See FAR 6.302, FAR 6.303-2, and FAR 19.805-1).

The current contract continued services through January 15th, 2022, while the agency awaited a General Accounting Office 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. 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 https://info.health.mil/sites/DOP/PAC/SitePages/JA/Admin.aspx 3/6 efficiency and negative impact to the Warrior Care 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, continuation of existing services under an injunction may only be performed by an incumbent contractor.

6. Efforts to Obtain Competition: Describe efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required at FAR Subpart 5.2 and, if not, which exception under 5.202 is applicable to the requirement. Justifications citing the authority at FAR 6.302-1 permitting the use of other than full and open competition, shall include the results of the request for information or sources sought notice posted in accordance with DFARS PGI 206.302-1 (unless the requirement to post has been waived);

and for non-competitive follow-on acquisitions of supplies or services previously awarded on a non-competitive basis, include a copy of the previous justification with the current justification review package to assist the approval authority in determining whether the planned actions to remove any barriers to competition cited on the previous justification were completed.

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. The bridge 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: Describe how the contracting officer determined or will determine that the anticipated cost to the Government will be fair and reasonable.

The anticipated cost to the Government for the bridge extension will be reviewed for fair and reasonable pricing based on a comparison and price analysis between the offeror’s pricing and pricing from the Government IGCE created utilizing General Services Administration (GSA) One Acquisition Solution for Integrated Services (OASIS) Price Estimating Tool (PET).

8. Market Research: Describe the extent of the market research conducted and when conducted, method utilized, and results, or, if market research was not conducted, provide the rationale (see FAR Part 10 Techniques for Conducting Market Research). The market research conducted or rationale provided in this section should help support the rationale justifying the use of the Statutory and Regulatory Authority in Section 5 above.

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: List any other facts supporting the use of other than full and open competition, such as an explanation as to why technical data packages, specifications, engineering descriptions, statements of work, or purchase descriptions suitable for full and open competition have not been developed or are not available.

This sole source 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)(8), below), included resolution of the GAO protests, which were completed. As such, the approval authority for this justification remains with the Competition Advocate and does not elevate to the Head of the Contracting Activity, under the procedures at DFARS PGI 206.203..

a) Historical data. This contract was previously awarded to Booz Allen Hamilton, Inc.

1. A Justification and Approval Tracking #JA17-0030 Award HT0011-17-C- 0006 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 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 services from January 16th, 2017 through January 15th, 2018.

2. A Justification and Approval (Tracking #JA18-0016) 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 https://acquisition.gov/far/current/html/Subpart%205_2.html https://acquisition.gov/far/current/html/FARTOCP10.html https://info.health.mil/sites/DOP/PAC/SitePages/JA/Admin.aspx 4/6 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 16th, 2018, through January 15th, 2019.

3. A Justification and Approval (Tracking #JA19-0009B): Award HT0011-19-C-0007 was approved on December 31, 2018, citing the authority of FAR 6.302-1(a) (2) (iii) (B). The cancellation of the previous solicitation, and the Government's response to the issues discovered, delayed the development of the requirements and preparation of a solicitation for a follow-on contract. The CSD and Warrior Care, realigned under DHA Deputy Assistant Director for Medical Affairs, continued the process of developing requirements for a long-term contract solution.This award continued services from January 16th, 2019, through January 15th, 2020..

4. A Justification and Approval Tracking #JA20-0007B (Award HT0011-19-C-0007): 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 necessary services, and continued to work with the contracting activity to provide the necessary documentation to procure a follow-on contract. During this extension, the agency completed requirements planning and issued a solicitation on May 13th, 2020, with proposals received on June 22nd, 2020. This extension continued services from January 16th, 2020 through July 15th, 2020.

5. A Justification and Approval Tracking #JA20-0076B (Award HT0011-19-C-0007): was approved on July 15, 2020, citing the authority of FAR 6.302-1(a) (2) (iii) (B). The agency required additional time to complete the source selection. This extension continued performance from July 16th, 2020, through January 15th, 2021.

6. A Justification and Approval Tracking #JA21-0041B (Award HT0011-19-C-0007): was approved on January 15, 2021, citing the authority of FAR 6.302-1(a) (2) (iii) (B). The extension continued performance from January 16th, 2021, through July 15th, 2021, while the agency continued source selection activities.

7. A Justification and Approval Tracking #JA21-0196B (Award HT0011-19-C-0007): was approved on 14 July 2021, citing the authority of FAR 6.302-1(a) (2) (iii) (B). This extension continued services from July 16th, 2021, through October 15th, 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.

8. A Justification and Approval Tracking #JA22-0003B (Award HT0011-19-C-0007): was approved on November 5th, 2021, citing the authority of FAR 6.302-1(a) (2) (iii) (B). This extension continued services from October 16th, 2021, through January 15th, 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: Include a listing of the sources, if any, which have expressed, in writing, an interest in the acquisition.

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: Describe the actions, if any, the agency may take, or is taking, to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

The agency is under voluntary injunction, supervised by the Court of Federal Claims, 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 (Program Manager, Functional Service Manager, etc.)

Approved:

- Saturday, January 15, 2022 https://info.health.mil/sites/DOP/PAC/SitePages/JA/Admin.aspx 5/6

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:

J Director (or designee)

Title: Chief, Integrated Clinical Operations Policy Support (Responsible J Director)

J-Directorate Office: Medical Affairs

- 18 Jan 2022, 12:45:09

14. Fair and Reasonable Cost Determination: Provide the basis for this determination (e.g., describe techniques utilized, or to be utilized, to determine cost/price fair and reasonableness, such as cost analysis, price analysis, audit, should cost, independent Government estimate). As part of this basis, indicate whether certified cost or pricing data will be required or if one of the exceptions in FAR Part 15.403 will apply. Contracting Officer to include the following 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

- Saturday, January 15, 2022

15. Legal Review:

I have reviewed this justification and have found it to be legally sufficient. (Note: All J&As must be reviewed by Office of General Counsel (OGC)/Legal Review.)

Name: ; Title: Office of General Counsel

- 18 Jan 2022, 13:17:55

16. Contracting Officer: This certification shall be made by the contracting officer who will sign the contract resulting from this justification and approval (J&A). Include the following statement:

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

- Tuesday, January 18, 2022

17. Competition Advocate: Based on the foregoing justification, I hereby approve the procurement of Disability Evaluation System Progam Support(state supplies/services being procured) javascript:

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https://info.health.mil/sites/DOP/PAC/SitePages/JA/Admin.aspx 6/6 on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 2304(c)(1) 6.302-1 -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, subject to availability of funds, and provided that the supplies and/or services herein described have otherwise been authorized for acquisition.

Name: Title: Competition Advocate (DAD-P&C)

- 25 Jan 2022, 09:57:37

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