JEFO_Redacted.pdf

Justification for an Exception to Fair Opportunity

“Source Selection Information – see FAR 2.101 and 3.104” Title

1. Identification of the agency and contracting activity:

• Federal Agency and contracting activity

Agency: Department of Health and Human Services (HHS)/

National Institutes of Health (NIH) Contracting Activity: Erin Flynn Pacifico, Contracting Officer

National Institute of Health/ NIH Information Technology Acquisition and Assessment

Center (NITAAC)

Bethesda, MD 20892-7511

Phone: 301-451-0212

• Sponsoring organization

National Institutes of Health (NIH)

National Institute of Allergy and Infectious Diseases (NIAID)

Office of Scientific Management and Operations (OSMO)

Office of Cyber Infrastructure and Computational Biology (OCICB)

• Contracting Officer's Representative (COR) Information

Organization: National Institute of Allergy and Infectious Diseases, Office of Cyber

Infrastructure and Computational Biology (OCICB)

Address: Bethesda, MD 20892

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

• Acquisition purpose and objectives.

The National Institutes of Allergy and Infectious Diseases (NIAID), Office of Scientific

Management Operations (OSMO), Office of Cyber Infrastructure and Computational Biology

(OCICB), manages technologies supporting NIAID biomedical research programs. The office provides a spectrum of management, technologies development, applications/software engineering, bioinformatics support, and professional development.

The Software Engineering Branch (SEB) builds custom software applications and configures and customizes Commercial-Off-The-Shelf (COTS) software applications as well as

Government-Off-The- Shelf (GOTS) software to support NIAID’s mission. Within the SEB, there is a Business and Science Data Analytics (BSDA) program. The BSDA program specializes in solutions related to data analysis, visualization, and modeling. These solutions are developed and delivered across all NIAID domains and business areas.

BSDA solutions are currently being performed by Deloitte Consulting LLP through task order

75N98119F00012, issued against NIH Information Technology Acquisition and Assessment

Center (NITAAC) CIO- SP3 Government-Wide Acquisition Contract (GWAC)

HHSN316201200018W, with a period of performance of a 12-month base period and four (4) successive 12-month option periods. The entire period of performance, if all options are exercised, is from February 16, 2019 through February 15, 2024.

• Project background

The overarching objective of the task order is for contracted services and personnel resources to develop and maintain an optimal portfolio of state-of-the-art, high value software applications in a timely and cost-effective manner that promotes innovation and productivity across the institute. The Business and Science Data Analytics (BSDA) program specializes in solutions related to data analysis, visualization, designing solutions, data architecture, modeling, data analysis, artificial intelligence, machine learning, research analytics, non-standard data tools, neuro-linguistic programming (NLP), data quality, quality assurance, data fluency, developing and coding software, configuration/implementation and documenting system change, application deployment, information management, operational efficiencies, and disposition of systems as appropriate. A Federal Program Manager oversees the BSDA program and makes day-to-day decisions about program priorities, project staffing, and provides the appropriate governmental oversight. The Contract are responsible for implementing the approach that is determined by the

Federal Program Manager and managing the contractor staff assigned to BSDA projects and activities.

SEB leverages data analytics development and support to provide NIAID with state-of-the-art performance analysis and monitoring solutions to support data driven decision-making, to enable improved operational performance across NIAID organizational units and the institute as a whole. The contractor develops and maintains data science and analytics solutions for NIAID. These solutions include:

• Business intelligence, analytics, and visualizations

• Business process automation, analytics, and reporting tools

• Budget planning, allocation, and execution tools and applications

• Human capital tools and applications

SEB develops a wide range of solutions used by NIAID, NIH and their partners, collaborators, and constituents. Most of the products developed by SEB are used by NIAID staff; however, applications are increasingly being developed for access by the public;

therefore, the scope and visibility of any developed application may be unlimited.

With the sudden onset of the pandemic in March 2020, NIAID was forced to make sudden and dramatic changes to the way it conducts its research and business, by adopting a “maximum telework” policy and sending most employees to work from home. There was an immediate, but orderly closing down of unprioritized research for postponement and the redirecting of resources to prioritize onsite work that had to continue under the “unknown”. To do this correctly, copious data processing, visualization, and analysis was necessary and there was a rapid expansion in data analytics to quickly pivot towards managing a predominantly teleworking workforce, as well as the development of tools to seek answers for the then unknown pandemic issues. The business and science data analytics support under the task order includes specific supporting tasks which include project management, computer systems analysis, information engineering, application engineering, and the subject matter expertise to generate and test visualizations and dashboards, analyze complex problems, and provide innovative solutions to analytics challenges. The increased visualization and analytics work is within this scope of work; however, additional hours are needed to manage the increased demand for work under the task order.

By August 2020, it was clear that even the surge support available for Option Period 1 (OP1)

(2/16/2020 – 2/15/2021) was not enough to accommodate the influx of data analytics work due to the pandemic. An additional was required for OP1 as activity quickly ramped up due to COVID-19. As a result, the ceiling on OP 1 (OP1) was increased by , with an overall increase to the task order ceiling of . The increase in labor hours for OP1 was . The chart below demonstrates the increase under modification 4 to increase the level of effort for

OP1. At the close of OP 1, of the funds obligated had been expended.

Chart 1

When Option Period 2 (OP2) (2/16/2021 – 2/15/2022) was exercised, the COVID-19 pandemic was still ongoing. SARS-CoV-2 remained still very much at large. A year of coexistence with

COVID-19 provided a better grasp of the broad variety of analysis and tools necessary to support NIAID, in addition to those related to COVID-19 research.

The increased analytics, visualization, and data solutions development referenced above was necessary due to COVID-19. Examples of the increased analytics, visualization, and data solutions development are articulated below. Workforce management is one example of increased analytics work. Analytics and dashboard development are required due to NIH’s

“maximum telework” policy during the pandemic. A “COVID-19 Telework Analysis” project had been started and additional similar analysis is expected to further this work. Related projects that have been started include: “Telework Agreement & Emergency Tier Designation

Compliance Analysis” and “COVID-19 Building Access”. Further, the NIAID IT Department, OCICB requires analytics on bandwidth, resource utilization, VPN usage, PC procurements, IT equipment used for teleworking, and property management.

Examples of IT related projects that support necessary analytics due to COVID-19 include:

“COVID-19 Laptop and Desktop Analysis”, “OCICB Workstation Analysis”, and “IT Asset

Management”; data from these projects were used to optimize and manage equipment resource utilization and deployment of equipment in short order due to maximum teleworking. Another specific area that requires an increased level of effort is data quality at NIAID. The “rush” to collect massive amounts of scientific, administrative, and other data during the pandemic for analysis from many origins can unveil significant data quality issues that are inherent when utilizing multiple sources. The increased levels of effort under the task order is due in part to

Modification 4 - increase in OP1 OP1 Task Order (all years)

Note: The current ceiling for all years is less than it was at the time of

Modification 4, as ODCs such as travel have been eliminated or reduced due to the pandemic.

Original Award Amount:

Original Estimated Hours:

Modification 4 Award Amount:

Modification 4 Estimated Hours:

Increase in ceiling amount:

Increase in level of effort:

flexibility in the outyears, continued support for existing development work that was started in

OP1 and OP2 will require an increase in the current level of effort for OP3 and OP4. The increase for OP2 will be placed on a separate CLIN as funding cannot be added to existing

CLINs that already have an obligation. The increase in level of effort for OP3 and OP4 will be negotiated as an increase to the existing separate optional surge task for each option year so that

NIAID can respond quickly to situations as they develop; the existing ceilings established for the task order will need to be raised accordingly. The surge task is optional and allows the contracting officer to exercise the surge along with the option year, or at any time within the option year. The surge task covers the same scope of work as the core Task 2 for Business and

Science Data Analytics. Sufficient ceiling in the form of options needs to be added to the task order so that NIAID can appropriately and immediately respond with an increased level of effort at the time of need.

In February 2019, the Task Order was awarded by the NITAAC contracting office to provide contracted services and personnel resources to develop and maintain an optimal portfolio of state-of-the-art, high value Business and Science Data Analytics (BSDA) solutions in a timely and cost-effective manner that promotes innovation and productivity across NIAID.

This Justification for an Exception to Fair Opportunity (JEFO) is for an increased level of effort within the existing scope work. NIAID will need additional hours for the BSDA services and solutions, currently being provided by Deloitte Consulting LLP. This work requires an increased level of effort, with additional labor hours utilized from within the pool of existing labor categories under the current task order 75N98119F00012 with Deloitte

Consulting LLP.

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

• Project title.

CIO-SP3 - NIAID/OCICB Business Science Data Analytics Support Task Order

• Project description.

This requirement is to add additional labor hours support for the NIAID/OCICB Business

Science Data Analytics Support to the current task order, 75N98119F00012, under contract HHSN316201200018W with Deloitte Consulting LLP. The task order under

CIO-SP3, has a base year, and four one-year option periods. Currently in Option Period

2, this option period will need an additional level of effort. Projecting requirements out to subsequent years, it is anticipated that Option Period 3 and Option Period 4 will also require additional levels of effort. The overall period of performance remains the same from February 16, 2019 to February 15, 2024, including all options.

Task order 75N98119F00012 contains predominately time and materials (T&M) tasks and one firm fixed price (FFP) task for task order management. The labor level of effort increase only impacts the T&M tasks and utilizes existing labor categories already in the task order. The proposed contract task order shall continue to utilize both FFP and T&M, which is in alignment with the current structure of work as defined in the task order.

• Provide the following information:

i. Requirement type:

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

(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.

• Demonstration of the proposed contractor(s) unique qualifications to provide the required supply or service.

i. Name of the proposed contractor(s).

Deloitte Consulting LLP

1919 N. Lynn Street

Arlington, VA 22209

ii. Nature of the acquisition and proposed contractor(s) unique qualifications.

Deloitte Consulting LLP is performing under the current task order for project management, computer systems analysis, information engineering, application engineering and subject matter expertise in the area of data science, data analytics and business intelligence. The increased level of effort under this JEFO is for work that is in scope of the current Statement of Work. There are no changes to the current

Statement of Work as a result of the proposed increase in hours. Competing the work associated with the additional hours proposed in this JEFO would result in a duplication of effort between the current task order and a new task order, as the

Statement of Work would be the same.

5. Determination by the ordering activity Contracting Officer that the anticipated cost to be fair and reasonable.

Labor rates for the task order were established based on competition and were determined fair and reasonable. No new labor categories will be added to the task order under the proposed modification. There will only be an increased estimated number of hours per labor category. The

IGCE is based on projected work based on a trend analysis and the increase that has already occurred in OP1. The negotiated estimated hours on the task order have been accurate. After final billing for the base period, of funds obligated were invoiced and paid. After final billing for OP1, of funds obligated were invoiced and paid.

Based on the information presented in this document there is no indication that the price will not be fair and reasonable to the Government. A final determination will be conducted prior to the award to this contract. An award will only be made, if it is shown that the quoted price to the Government is fair and reasonable.

6. Any other facts supporting the justification.

The increased level of effort is required to ensure that NIAID has the data analytics development and support needed for data driven decision-making to sustain operational performance across NIAID organizational units and the institute as a whole.

7. A 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.

It is anticipated that the follow-on to this task order will be competed under the NIH

Information Technology Acquisition and Assessment Center (NITAAC) CIO-SP GWAC and the historical level of effort will be taken into consideration when developing the IGCE for the follow-on procurement.