JEFO .pdf

Template for a Justification for an Exception to Fair Opportunity

Completion Instructions: HHS has established a standard template for the preparation of a Justification for an Exception to Fair

Opportunity pursuant to FAR Subpart 16.5 for orders valued at greater than the simplified acquisition threshold, including all options. This template is only applicable when requesting an acquisition as an exception to the fair opportunity process for task-and delivery-order contracts awarded against multiple-award contracts, such as indefinite delivery, indefinite quantity contracts.

This template is not for use (i) with small business set asides in accordance with FAR 16.505(b)(2)(i)(F), nor (ii) for Federal

Supply Schedule contracts awarded pursuant to FAR 8.4. See FAR Subpart 16.5 for additional guidance.

Tailor all aspects of this template to the individual acquisition. Consult FAR 16.505 for guidance. An addendum may be added in case additional space is needed.

When this document is printed, the blue italic instructions are automatically deleted on the printed version.

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

Acquisition Title:

Agency:

PSC Divisions:

Acquisition Year (FY):

Author:

2. Description of Action:

Nature: New Requirement Follow-on Order

Modification to Existing Delivery/Task Order/Contract

Number:

BPA # HHSP233201400020B Order Against: Multiple Award ID/IQ Contract Number:

Pricing: Firm-Fixed Price Time & Materials Cost Type

Funds: OMA Other Funds: PCORTF

3. Description of Applicable Contract Provisions:

Summarize all contract provisions relevant to this determination.

4. Description of Supplies or Services:

The estimated value of the proposed action, including all options, is: $

Briefly describe the supplies or services to be provided, including make & model number where appropriate.

Indicate whether the item to be procured is peculiar to one manufacturer (e.g., a particular brand name, product, or a feature of a product, peculiar to one manufacturer).

If applicable, include quantities of supplies or period of performance for services. Provide information for any options included in the order.

If the action is a modification to an existing order, distinguish clearly between the work covered by the basic order and the work to be obtained by the proposed modification; provided that if the action is to extend an existing order utilizing the -8 extension of services clause, this must be discussed.

The National Academy of Sciences will convene a Study Committee for a series of meetings, including 3 public workshops. The

Committee will issue conclusions on methods for determining and updating short-, mid- and longer-term foci on the myriad factors related to the process for developing the data capacity for patient-centered outcomes research. The period of performance is estimated to be 24 months. Base Period – 08/31/2020-08/30/2022.

Building Data Capacity for Patient Centered Outcomes: An Agenda for 2021 to 2030

PSC

ASPE - Assistant Secretary for Planning & Evaluation

Angela Barbour-Rawlings

1,500,000

5. Authority and Rationale:

The Contracting Officer shall give every awardee a fair opportunity to be considered for a delivery/task order exceeding the micro purchase threshold unless one of the following statutory exceptions applies. FAR 16.505(b)(2). Mark the applicable exception:

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

[FAR 16.505(b)(2)(i)(A)];

Factually establish the urgent need, provide the required performance/delivery schedule, address the lead-time involved, address why other contractors cannot fulfill the government’s needs, and explain the harm/serious injury that will come to the government if the justification is not approved.

Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized [FAR 16.505(b)(2)(i)(B)];

Explain what is unique or highly specialized about the supply or service, what level of quality is required and why only the specified contractor can meet the requirement. If the requirement is an item peculiar to one manufacturer, justify the restriction to the item peculiar to one manufacturer.

The National Academies have a long tradition of providing policy advice from a national perspective. This tradition rests on the ability of the Academies to convene committees of experts who are charged to deliberate important issues of health and health care policy in an objective and independent environment that assures rigorous analysis. The Academies can serve an important function by bringing representatives from diverse groups together to achieve consensus on complex issues. The National Academies also routinely serve as a neutral convener of diverse stakeholders to facilitate discussions on topics of mutual interest. Workshops illuminate complex challenges in science and healthcare and provide a mechanism to consider opportunities for action.

The level of quality required by HHS because the ability of the Academies to convene committees of experts who are charged to deliberate important issues of health and health care policy in an objective and independent environment that assures rigorous analysis.

The services are unique because the National Academy of Sciences was established by an Act of Congress and signed by President

Lincoln in March 1863 to "investigate, examine, experiment, and report upon any subject of science or art....whenever called upon by any department of the Government.” One central purpose of the National Academies is to advise the government on issues of science, medicine, and technology. The Academies and their affiliated organizations are private, independent, nonprofit institutions that jointly possess a unique status as congressionally chartered advisers to the government.

The National Academy of Sciences is the only source that can provide the level of quality required because they marshal knowledge and expertise across disciplines to study complex and sometimes contentious issues, reach consensus based on the evidence, and identify the best path forward.

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 [FAR 16.505(b)(2)(i)(C)];

Provide the original order number and explain why it is a logical follow-on to an order already issued under the contract, for example, in terms of scope, period of performance or value. Describe the process by which all awardees were given a fair opportunity to be considered for the original order. Specify how recent the previous competitive order was and the number of times this exception has been used; discuss why the specific requirement continues and why it is to the benefit of the

Government for the particular contractor to continue this work.

It is necessary to place the order to satisfy a minimum guarantee [FAR 16.505(b)(2)(i)(D)]; or

When citing exception to the fair opportunity process under FAR 16.505(b)(2)(iv), identify the contract clause and language that specifies the minimum guaranteed amount.

A statute expressly authorizes or requires that the purchase be made from a specified source. [FAR 16.505(b)(2)(i)(E)].

Provide a citation to the statutory authorization and a brief description of its content, or identify the specified source or other agency.

6. Agency Actions to Take or Remove Barriers That Led to Fair Opportunity Exception (If applicable):

Describe the actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration prior to any subsequent acquisition for the supplies of services is made. If no such actions have been taken, explain why.

7. Fair and Reasonable Price/Cost Determination: I hereby determine that the anticipated price/cost for this contract action will be fair and reasonable.

Insert a description of the techniques and applicable FAR provisions (e.g. FAR 15.404-1(b)) used to ensure award will be at fair and reasonable cost. For example, did the Contracting Officer use a comparison of industry cost for similar work? The Independent Government Cost Estimate (IGCE) will primarily be an analysis of the contractor’s proposed cost. Additionally, the techniques identified at (e.g. FAR 15.404-1(c)(2)(iii)) will be used to further ensure award will be at fair and reasonable prices. In addition, specify whether or not Certified Cost and Pricing Data will be obtain

The National Academies does not compete by statute and any requirements that are sent to them must be a sole source. The only way to remove the barrier to Fair Opportunity Exception is to not go to The National Academies.

Certified Cost and Pricing Data will be required since the contract is over the threshold. A review of the Contractor's proposal will be performed by technical and acquisition personnel to assure that the negotiated Order price is fair and reasonable. A cost realism analysis and cost analysis will be required.