JEFO.pdf

Justification for an Exception to Fair Opportunity

1. Identification of the agency and contracting activity.

a. Federal agency and contracting activity. HHS, Office of the National

Coordinator for Health Information Technology.

b. Sponsoring organization. Federal Health Architect.

c. Project Officer information.

• Project Officer name. Deborah Lafky

• Mailing address. 200 Independence Ave, SW, Washington, DC 20201

• E-mail address. Deborah.Lafky@hhs.gov

• Telephone number. 202-690-7151

2. Nature and/or description of the action being approved.

a. Acquisition purpose and objectives. The purpose of this acquisition is to modify Task Order number HHSP23337005T, awarded to Logistics Management Institute (LMI) under contract number HHSP23320095640WC, to add Cloud Security tasks to further enhance the research effort and allow LMI to assess the feasibility and availability of secure cloud-based Electronic Health Records and Health Information Exchange systems. ONC will produce a hands-on information sharing experience (“bootcamp”) which will demonstrate ways the Health Information Technology (HIT) ecosystem can leverage cloud computing and the advanced security techniques that accompany those solutions to make it a secure choice for health information management. The task will encompass establishing the agenda and securing speakers; developing content for the bootcamp; identifying bootcamp participants; and facilitating the bootcamp.

b. Project background. This is a modification of task order HHSP23337005T, awarded under LMI’s IDIQ contract number HHSP23320095640WC. The period of performance is January 21, 2011 through January 20, 2013; the total dollar amount obligated to date is $1,119,989; and the initial award was awarded as a sole source to LMI as a logical follow-on. The Contractor is responsible for creating a laboratory for health IT (HIT) automated security endpoint testing. The Contractor is tasked with developing a scalable health IT test bed that models a realistic representation of the chain of HIT events and provides for multiple settings, including physicians’ offices, hospital nursing stations, emergency departments, etc. The contractor has established the test bed and has provided a set of recommendations, to the Government, of a set of technology choices that have the strongest potential for success in reducing the burden of end-user cyber security. The test and evaluation phase and the reporting phase remain to be done.

3. Description of the supplies or services required to meet the agency’s needs (including the estimated value).

a. Project title. Health Information Technology Endpoint Security Automation.

b. Project description. Add Subtask 3, Cloud Security, to Phase 2, Test and Evaluation. Phase I culiminates in the identification and recommendation of a set of technology choices that have the strongest potential for success in reducing the burden on end-user cyber security responsibility while improving the overall cyber security of HIT. Cloud security is part of that recommendation. It is necessary to add Cloud Security to further enhance the research effort and allow LMI to assess the feasibility of secure cloud-based Electronic Health Record and Health Information Exchange systems.

Provide the following information:

• Requirement type. Check the appropriate box:

Research & development (R&D) R & D support services

X Support services (non-R&D) Supplies/equipment Information technology (IT) Construction Architect-engineer (A & E) services Design-build Other (specify): ____________________

• Type of action. Check the appropriate box:

New requirement Follow-on

X Other (specify): Modification

• Proposed contract/order type. Check all that apply:

X Firm-fixed-price Other fixed-price (specify, e.g., fixed-price award-fee, fixed-price incentive-fee): __________ Cost-plus-fixed-fee Other cost reimbursement (specify, e.g., cost-plus-award-fee, cost-plus-incentive-fee): ___________ Time and materials Indefinite delivery (specify whether indefinite quantity, definite quantity, or requirements): ___________ Other (specify): ___________

X Completion Form Term form

• Acquisition identification number. OS71491

c. Total estimated dollar value and performance/delivery period. The current dollar value is $1,119,989 for the period 01/21/2011 through 01/20/2013. The estimated value of the modification is $500,000.

4. Identification of the exception to fair opportunity (see 16.505(b)(2)) and the supporting rationale, including a demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the exception cited. If the contracting officer uses the logical follow-on exception, the rationale shall describe why the relationship between the initial order and the follow-on is logical (e.g., in terms of scope, period of performance, or value).

(A) The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

X (B) Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

(C) The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

(D) It is necessary to place an order to satisfy a minimum guarantee.

(E) For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source.

Supporting Rationale: The Cloud Security tasks falls within the broad scope of task order HHSP23337005T, awarded against contract number HHSP23320095640WC, to identify and test practical steps to improve the security of personal health information while removing a significant barrier to the successful adoption of HIT. Cloud security has been identified as having a strong potential for success in reducing the burden of end-user cyber security responsibility and now ONC has a need to assess or test the feasibility and availability of secure cloud-based Electronic Health Records (EHR) and Health

Information Exchange (HIE) systems. The Cloud Security tasks are integral to the HIT end-to-end security research and test bed development work currently in progress and are essential. The requisite knowledge and expertise that LMI has acquired from performing under this task order has uniquely positioned it to use its knowledge to effectively perform the work without duplication of tasks or delays that would prevent ONC from achieving its goal of effectively assessing the feasibility and availability of the full range of HIT solutions, including secure cloud-based EHR and HIE systems. The additional tasks that will be added to the task order build on LMI’s research in progress and facilitate the additional research and outreach to vendors, healthcare and government executives, and knowledgeable authors and speakers, as well as in the development of a comprehensive agenda of topics. Additionally, the work in progress will also be used to aid in developing a detailed agenda for what it takes to successfully deploy secure solutions within a cloud computing environment.

5. Determination by the Contracting Officer that the anticipated cost to the

Government will be fair and reasonable. Labor rates, indirect rates, and profit/fee are already negotiated at the master contract level and have been determined to be fair and reasonable. The contractor will be required to submit a cost/price proposal that is comprehensive enough to provide the basis for a sound evaluation. The Contractor is required to submit supporting data as is required to facilitate analysis and evaluation of the proposed price.

6. Any other facts supporting the justification. There is no other known source that can perform the tasks to be incorporated into the task order without duplication of costs. Another source would have to spend a substantial amount of time reviewing and learning the work LMI has already performed.

7. Statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made There are no plans at this time to acquire the same services in the future. ONC is committed to open competition on its procurements to the maximum extent practicable. Should further services be required, ONC will determine at that time whether to continue with a sole source acquisition.

8. Program office certification.

Evidence that any supporting data that is the responsibility of technical or requirements personnel (e.g., verifying the Government’s minimum needs or requirements or other rationale for an exception to fair opportunity) and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel.

Official Name & Title Signature Date

Project Officer Deborah Lafky, Program Analyst

9/1/11

Project Officer’s

Immediate Supervisor

Joy Pitts,Chief Privacy Officer

9/1/11

Head of the Sponsoring

Program Office

9. Contracting Officer certification. The CO shall complete the information required below and sign the certification in the block provided. [NOTE: The CO’s signed certification may serve as approval of a JEFO over $150,000 but not exceeding $650,0001, depending on OPDIV procedures.)

This is to certify that the justification for the proposed acquisition has been reviewed and that to the best of my knowledge and belief the information and/or data provided to support the rationale and recommendation for approval is accurate and complete.

Official Name & Title Signature Date

Contracting Officer Victoria West Estabrook, Contract Specialist

9/1/11

10. Competition Advocate signature. The designated OPDIV Competition Advocate (CA), upon acceptance of the rationale provided in the JEFO, shall complete the information required below and sign in the block provided as the approving official for any JEFO over $650,000 but not exceeding $12.5 million2.

1See FAR 16.505(b)(2)(ii)(C)(1).

2 See FAR 16.505(b)(2)(ii)(C)(2).

Official Name & Title Signature Date

Competition Advocate

11. Head of the Procuring Activity signature(s). The, if applicable, and the HCA shall indicate review of, and concurrence with, any JEFO over $12.5M, but not exceeding $62.5M3, by providing the information required below and signing in the applicable block.

Official Name & Title Signature Date

Head of the Contracting

Activity

12. HHS Senior Procurement Executive signature. The HHS SPE, upon acceptance of the rationale provided in the JEFO, shall complete the information required below and sign in the block provided as the approving official for any JEFO over $62.5 million4.

Official Name & Title Signature Date

HHS Senior Procurement

Executive

3 See FAR 16.505(b)(2)(ii)(C)(3).

4 See FAR 16.505(b)(2)(ii)(C)(4).