About this file

This document is a Justification for Other than Full and Open Competition (JOFOC) for a sole source contract for FDA Security Installation and Maintenance Services. The FDA requires these critical services to maintain security at its facilities nationwide, including the White Oak campus. The incumbent contractor, Birdi Systems, Inc., was awarded an IDIQ contract in 2024 but this has been protested, leaving the FDA without a contractor to provide these essential security services.

The JOFOC justifies awarding a 6-month sole source bridge contract to Birdi Systems, under the authority of FAR 6.302-2 for unusual and compelling urgency, to ensure continuity of security services while the protest is resolved. The estimated value of the bridge contract is $4,370,880.18 for the period of May 10, 2024 through November 9, 2024. The contract will provide maintenance, technical support, software/network maintenance, file server and database maintenance, and system administration for the FDA's physical security systems nationwide. The contracting officer has determined that the proposed pricing is fair and reasonable.

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Last Modified: April 5, 2017 Page 1 of 13

TMPLT 2016.06-011

Justification for Other than Full and Open Competition

1. Identification of the agency and contracting activity:

a. Federal agency and contracting activity.

Department of Health and Human Services (HHS) Food and Drug Administration (FDA)

b. Sponsoring organization.

Office of the Commissioner (OC) Office of Operations (OO) Office of Security and Emergency Management (OSEM)

c. Contracting Officer’s Representative (COR)/Requiring Activity Point of Contact (POC) information.

i. Name: Tampathi Carroll-McIntyre

ii. Mailing address: WO2 RM0024, 10903 New Hampshire Avenue, Silver Spring MD 20993

iii. E-mail address: Tampathi.C-McIntyre@fda.hhs.gov

iv. Telephone number: (301) 796-2405

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

Request for approval to enter into a sole source contract with Birdi Systems, Inc., to provide FDA Security Installation and Maintenance Services nationwide, under the authority of FAR 6.302-2, Unusual and Compelling Urgency.

a. Acquisition purpose and objectives.

The FDA is a scientific, regulatory, and public health Government agency. Its jurisdiction encompasses food products (other than meat and poultry), human and animal drugs, therapeutic agents of biological origin, medical devices, radiation-emitting products for consumer, medical, and occupational use, cosmetics, and animal feed. Approximately one-third of the agency's employees are stationed outside of the Washington, D. C. area, staffing over 150 field offices and laboratories, including 20 district offices, across the US conterminous, non-conterminous states and US territories.

The Office of Security Operations, through the Physical Security Office, is charged with securing all FDA facilities nationwide for the protection of people and property. Systems utilized by the Physical Security Office include access control systems (ACS), video imaging systems, closed circuit television

Template mailto:Tampathi.C-McIntyre@fda.hhs.gov

Last Modified: April 5, 2017 Page 2 of 13

(CCTV), various security detection and initiating devices, perimeter detection, and others. All Electronic Security Systems utilized by the Physical Security Office need to be maintained to 100% efficiency 24 hours a day, 365 days a year. As the FDA mission grows, new installations and modifications to existing facilities will be required to meet the FDA’s security needs.

The purpose of this contract is to service and maintain the FDA National Security System. As a result of this Contract, the FDA expects to achieve the following outcomes:

Enhance FDA’s ability to continually maintain and monitor the performance of all physical security systems listed below in Section 4 to be known as “PSS”.

Enable FDA to remain at a state of readiness to ensure that all physical security assets are inspected and one hundred percent operational.

Enable FDA to rapidly and effectively respond to urgent physical security related programing, maintenance, and installation situations.

Enhance FDA’s ability to accurately retain data pertaining to all PSS.

Maintain all hardware and software associated with the PSS throughout the United States and U.S territories.

b. Project background.

Contract No. 75F40124D00013 is an Indefinite Delivery-Indefinite Quantity (IDIQ) type contract to acquire Security Installation and Maintenance Services for the FDA’s White Oak campus in Silver Spring, MD, as well as for FDA offices nationwide. The contract requires the contractor to provide the hardware and complete range of technical support services necessary to achieve contract objectives. For each individual task order issued under the contract, the Contractor is required to provide project management, support services, labor, equipment, tools, transportation, diagnostic equipment, parts, and materials necessary to perform all aspects of contracted installation, maintenance, and repair services at FDA facilities nationwide. The contract was awarded to Birdi Systems, Inc. (Birdi Systems), on April 3, 2024, with an IDIQ ceiling amount of $40,000,000.00 and a period of performance of April 4, 2024, through April 3, 2029, as the result of a competitive 8(a) small business set-aside.

The IDIQ award to Birdi Systems was the result of a 2nd round of voluntary corrective action taken by the Agency regarding this requirement following previous post-award protests filed with the General Accountability Office (GAO).

The award to Birdi Systems, Inc. was protested to GAO on April 22, 2024. As a result of the CO’s requirement to stay performance of the Birdi Systems contract and with a bridge contract for the maintenance portion of the requirement set to expire on May 9, 2024, the Agency was suddenly put in a position of needing to acquire these critical services by no later than May 10, 2024, to maintain continuity of services.

This justification for other than full and open competition (JOFOC) supports the award of a bridge contract for security installation and maintenance services to maintain security services at the FDA’s

Last Modified: April 5, 2017 Page 3 of 13 main campus in Silver Spring, MD, and at FDA facilities nationwide during the time necessary to complete the protest.

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

a. Project title.

FDA Security Installation and Maintenance Services

b. Project Description.

Scope of Work:

A. Provide Maintenance to FDA Nationwide Security Systems- The Contractor shall provide all necessary parts and labor to maintain all PSS. All systems utilized by the Physical Security Office are required to be maintained to 100% efficiency 24 hours a day 365 days a year.

Representative activities include Dealer License - The contractor shall provide factory certified technicians for all systems listed in this contract. The contractor shall also provide support personnel, equipment, tools, transportation, diagnostic equipment, parts, materials, supervision and any other services, material and personnel not specifically mentioned necessary to perform all aspects of Statement of Work. The contractor shall be a dealer in good standing with all Physical Security Systems listed in Item 4.

B. Technical Writing Support --The Contractor shall Provide Technical Writing on SOP’s, SOW’s, Security Assessments, Monthly / Quarterly Reports, and Security Policies. The Government will provide Office space when the Contractor is on site. The Government will provide GFE (laptop and office phone). The Government is estimating 240 hours monthly.

C. OSEM Badging Office- The Contractor shall Install Cameras (3) and Card readers (3) in the newly renovated Badging Office. Connect new Security equipment to the existing Monitor Dynamics, Inc. (MDI) and Bosch systems.

D. Software House Servers- Assessment/Upgrade/Update- The Contractor shall provide a Software House Expert to provide an Assessment of the current Virtual Servers. The Contractor will provide a report detailing the status and cost for updating.

E. MDI Software Agreement- The Contractor shall provide the annual MDI Software Service Agreement for the Nationwide contract.

F. ReadyOp Support- The Contractor shall provide an Annual Software License for ReadyOp System maintenance and updates.

G. Emergency Repairs- The Contractor shall provide Maintenance and Repairs not covered due to weather or unforeseen circumstances. Itemized tasks will be issued to track the cost of Emergency Repairs (G-01, G-02, etc.)

Last Modified: April 5, 2017 Page 4 of 13

H. New Installations- The Contractor shall perform multiple security system installations and provide informal proposals for each task assignment issued under this contract. New Security Installations shall include, but not be limited to, White Oak Building 01 Security Bollards Replacement, White Oak Campus Lobby Turnstile Replacement, Software House/CCURE Database Integration with HHS, Irvine Security CCTV Upgrade, NCTR CCTV and Security Updates, WEAC Perimeter CCTV System Install, OCI Houston Access Control Upgrade, and Northeast Garage CCTV Upgrade.

Software/Network Maintenance: The Contractor shall work closely with FDA Physical Security Team, White Oak Command Center, and other stakeholders to maintain the FDA security systems network and software in accordance with the specifics of this contract.

Representative activities include:

• Maintain manufacture updates and licenses to all PSS.

• Resolve network issues that can affect the PSS on standalone networks.

• Maintain a journal logbook for all server logins with time date and system, including a complete description of reason for login.

File Server and Database Maintenance/Service: The Contractor shall maintain and administer specific head end file servers and databases. The duties performed by the Contractor shall include:

• Provide MDI and Software House SQL Server Database backups, in addition to those backups performed by FDA IT personnel; ensuring that backups are of sufficient quality, frequency and integrity to restore the system to full operation in event of a crash or catastrophic failure;

• Install SQL Server updates and patches; providing recovery and restoration of system applications and data in the event of loss or catastrophic system failure;

• Provide support to field personnel when head end adjustments are necessary to support proper system communication or to optimize performance of field equipment;

• Coordinate, as required, with FDA Physical Security Branch and FDA IT personnel in order to facilitate troubleshooting system software, hardware and network problems;

responding to system outage incidents when server or database problems are suspected;

and maintaining a journal logbook of any file server/database changes and updates.

System Administration: The Contractor shall provide system administration for all security systems identified in Section 4 (FDA Technology) listed below. The activities performed by the Contractor shall include:

• Perform daily system checks and log the status of all physical security systems, network and field devices on MDI, Software House, and Bosch Servers and workstations.

• Program the configuration of all field hardware modifications in the Electronic Security System;

• Input all repairs and work performed in the FDA Service Maintenance Database;

Last Modified: April 5, 2017 Page 5 of 13

• Administer and maintain a Configuration Management Database for all MDI, Software House, and Bosch Servers and workstations.

• Report and log all configuration management changes and updates in the configuration management database.

• Provide technical support for the Physical Security Electronic Systems and performing routine repairs.

• Manage and direct all technicians responding to service and maintenance calls.

Preventative Maintenance: The Contractor shall perform preventive maintenance. The Contractor shall develop a preventive maintenance schedule and shall report on all tasks performed using the service maintenance database, which must be approved by FDA Physical Security.

Technical Support (Service Calls): The Contractor shall respond to service calls, as described herein.

• Service/trouble calls - Service/trouble calls will be initiated by the designated security representative at each field location to the FDA Physical Security Branch on 301-796-2408 or the FDA White Oak Command Center located at 10903 New Hampshire Avenue, Silver Spring, Maryland on 301-796-2414, 24 hours a day, 7 days per week. FDA White Oak Command Center operators will contact the contractor by phone and by a contractor provided online web portal connected to maintenance database to initiate a service/trouble call.

• The Contractor shall respond via telephone to the White Oak Command Center within one (1) hour of receiving the service request.

• The Contractor shall contact the local security representative before arriving at any FDA location.

All service calls, once started, shall be worked until equipment is back in serviceable condition. Status of the service performed shall be logged into the appropriate web-portal reporting database based on the service performed before leaving the site, unless work is performed after core hours (7am-5pm) or weekends; in those cases, the status shall be logged the next business day before 12:00 PM, Eastern Time. The status update shall include information such as, but not limited to: System affected, device information, any malfunctions found, and corrective action(s) taken for each service call; parts required;

any upgrade suggestions to improve operation of the security system, if warranted; and duration of performance.

• The Contractor shall be responsible for moving and protecting and replacing furnishings in the work area when the work is complete. Any damages resulting from the Contractor's operations shall be repaired or replaced by the Contractor at no additional expense to the Government.

• Working in secured areas is required under this contract, and the Contractor will not be granted unlimited access to these areas. The Contractor shall contact a Physical Security Specialist to liaison with the site in question prior to the start of work to arrange for

Last Modified: April 5, 2017 Page 6 of 13 security escorts into the secured area.

• Under no circumstances shall the Contractor (or any of its subcontractors, if applicable) enter an FDA Bio Safety Level 3 Lab (BSL3) suite, Office of Criminal Investigations (OCI) Spaces or Sensitive Compartment Information Facility (SCIF) without a Government escort.

• The Contractor shall notify the on-site Physical Security Specialist to ensure that the affected area is properly secured, if the Contractor determines that the repairs cannot be accomplished with the parts on hand.

• The Contractor shall not leave the building unsecured at any time.

Non-Emergency Repairs: The Contractor shall respond to non-emergency repair service calls, as required herein.

• The Contractor shall have all labor, materials, and equipment to perform the necessary repairs.

• The Contractor shall provide non-emergency repair service within (24) hours to the requested maintenance site at Headquarters locations and (48) hours to the requested maintenance site at Field locations, from the time of receipt of call, day or night.

• For maintenance requests originating after core hours on Fridays, the response shall be required the next business day.

• It shall be the responsibility of the Contractor to keep the FDA Contracting Officer Representative (COR) informed of the telephone numbers at which the Contractor can be contacted.

Emergency Repairs: Emergency repairs are defined as those that are life threatening or allow breach of any perimeter security. The Contractor shall respond to non-emergency repair service calls, as required herein.

The Contractor shall provide emergency repair service within (4) hours to the requested maintenance site at Headquarters locations, and within 24 hours to the requested field site from the time of receipt of call, day or night.

The Contractor shall respond to emergency repair service calls, as required herein.

The Contractor shall have all labor, materials, and equipment to perform the necessary repairs.

It shall be the responsibility of the Contractor to keep the FDA informed of the telephone numbers at which the responding technician(s) can be contacted.

The Contractor is also required to provide Original Equipment Manufacturer (OEM) spare equipment and parts to ensure that the system remains fully operational. The Contractor shall maintain a spare equipment inventory to ensure that the system remains completely operational. The Contractor shall repair or replace defective equipment per maintenance request within 24 hours.

Last Modified: April 5, 2017 Page 7 of 13

The estimated value of this requirement is $4,370,880.18.

Requirement type.

☐ Research & Development (R&D)

☐ R&D support services

☒ Support services (non-R&D)

☐ Supplies/equipment

☐ Information Technology (IT)

☐ Construction

☐ Architect-Engineer (A&E) services

☐ Design-build

☐ Other:

Type of action.

☒ New requirement

☐ Follow-on

☐ Other:

Proposed contract/order type.

☒ Firm-fixed-price

☐ Other fixed-price:

☐ Cost-plus-fixed-fee

☐ Other cost reimbursement:

☐ Time and materials

☐ Indefinite delivery:

☐ Other:

☐ Completion Form

☐ Term Form

Acquisition identification number.

FDA Security Installation and Maintenance

Requisition No. 1278015

Last Modified: April 5, 2017 Page 8 of 13

c. Total estimated dollar value and performance/delivery period.

Total estimated dollar value: $4,370,880.18

Period of Performance: May 10, 2024, through November 9, 2024

4. Identification of the statutory authority permitting other than full and open competition. Check the applicable block below based on the acquisition circumstance.

Federal Acquisition Regulation (FAR):

☐ 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements. This acquisition is conducted under the authority of United States Code (U.S.C.) 10 U.S.C. 2304(c)(1) or 41 U.S.C. 3304(a)(1).

☒ 6.302-2 Unusual and compelling urgency. This acquisition is conducted under the authority of United States Code (U.S.C.) 10 U.S.C. 2304(c)(2) or 41 U.S.C. 3304(a)(2).

☐ 6.302-3 Industrial mobilization; engineering, developmental, or research capability; or expert services. This acquisition is conducted under the authority of United States Code (U.S.C.) 10 U.S.C. 2304(c)(3) or 41 U.S.C. 3304(a)(3).

☐ 6.302-4 International agreement. This acquisition is conducted under the authority of United States Code (U.S.C.) 10 U.S.C. 2304(c)(4) or 41 U.S.C. 3304(a)(4).

☐ 6.302-5 Authorized or required by statute. This acquisition is conducted under the authority of United States Code (U.S.C.) 10 U.S.C. 2304(c)(5) or 41 U.S.C. 3304(a)(5).

☐ 6.302-6 National security. This acquisition is conducted under the authority of United States Code (U.S.C.) 10 U.S.C. 2304(c)(6) or 41 U.S.C. 3304(a)(6).

☐ 6.302-7 Public interest. This acquisition is conducted under the authority of United States Code (U.S.C.) 10 U.S.C. 2304(c)(7) or 41 U.S.C. 3304(a)(7).

☐ 13.501(a)(1)(ii) Sole source, including brand name, under Simplified Procedures for Certain Commercial Items. This acquisition is using this justification format, modified to reflect that the procedures in FAR subpart 13.5 were used in accordance with 41 U.S.C. 1901 or the authority of 41 U.S.C. 1903.

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

a. Name and address of the proposed contractor.

Birdi Systems, Inc.

723 East Green Street Pasadena, CA 91101 https://www.acquisition.gov/far/html/Subpart%206_3.html http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2304c&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter33&edition=prelim https://www.acquisition.gov/far/html/Subpart%206_3.html http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2304c&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter33&edition=prelim https://www.acquisition.gov/far/html/Subpart%206_3.html http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2304c&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2304c&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter33&edition=prelim https://www.acquisition.gov/far/html/Subpart%206_3.html http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2304c&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter33&edition=prelim https://www.acquisition.gov/far/html/Subpart%206_3.html http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2304c&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter33&edition=prelim https://www.acquisition.gov/far/html/Subpart%206_3.html http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2304c&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter33&edition=prelim https://www.acquisition.gov/far/html/Subpart%206_3.html http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2304c&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter33&edition=prelim https://www.acquisition.gov/far/html/Subpart%2013_5.html https://www.acquisition.gov/far/html/Subpart%2013_5.html http://uscode.house.gov/view.xhtml?req=(title:41%20section:1901%20edition:prelim) http://uscode.house.gov/view.xhtml?req=(title:41%20section:1903%20edition:prelim)

Last Modified: April 5, 2017 Page 9 of 13

b. Nature of the acquisition.

The Agency determined that awarding the sole source contract to Birdi Systems was the most appropriate decision to make under the circumstances.

There is a critical need for security installation and maintenance services within the FDA’s White Oak location and nationwide. The extent and nature of the harm that the FDA (and the nation) would incur if these critical services cannot be obtained immediately is substantial in terms of dollars and abundantly clear in terms of national security, and public safety and property concerns. As a result of the various protests submitted on the requirement, there have been severe delays with performing new security installations to replace older, aging equipment at FDA sites nationwide.

The estimated cost impact of not being able to fund new installation projects in Fiscal Years (FY) 2023 and 2024 is $8.4 million.

FDA’s Office of Security and Emergency Management (OSEM) requires the services to assist in ensuring the protection of people and property at all FDA facilities nationwide. This critical need for essential contract support allows for a safe and secure environment for FDA employees and contractors to provide ongoing and critical support to its public health and safety mission for the Nation. The Office of Security Operations (OSO), through OSEM’s Physical Security Office (PSO), is charged with securing all FDA facilities nationwide for the protection of people and property.

Systems utilized by the PSO include: access control systems (ACS), video imaging systems, closed circuit television (CCTV), various security detection and initiating devices, perimeter detection, and others. All Electronic Security Systems utilized by the PSO must be maintained to 100% efficiency, 24 hours per day, 365 days per year. As the FDA mission grows, new installations and modifications to existing facilities will be required to meet the FDA’s security needs. If the FDA cannot procure a short-term bridge contract, it would severely hamper our nationwide electronic security system, which consists of the intrusion detection system, access control system, camera systems, emergency radio system at the White Oak campus, visitor management system, emergency call stations, radiation detection security and other devices.

Additionally, not having a security maintenance and installation contractor in place puts the FDA at risk nationwide for intrusion into office spaces without having a working security alarm system. The access control system may cause doors not to secure, permitting unwanted intruders to enter FDA space, both while occupied (threatening to harm FDA employees) and after hours (to vandalization and theft). The access control system could prevent employees from being able to enter buildings to conduct FDA critical mission functions. The radio system at FDA’s White Oak campus is the means of communication for the guard force to respond to emergencies and call for help when needed. In the event of an emergency, not having a working radio system would delay critical help when needed most. A non-working visitor management system would permit banned people to enter our facilities and they could cause harm to former employees or supervisors. Non-working emergency call stations could lead to people who require emergency response to not receive the necessary help and support. Non-working cameras would limit the ability of the government to respond to intervention of crimes. A non-working radiation system could lead to a catastrophic radiological crisis event within the National Capital Region.

Last Modified: April 5, 2017 Page 10 of 13

Moreover, there is an urgent and compelling need to commence with the installation of new equipment nationwide, as the current equipment being utilized has become old, outdated, and increasingly prone to mechanical failures. As just a few examples, the Closed-Circuit Television (CCTV) security surveillance systems at a number of FDA nationwide locations urgently require new installations, as all the CCTV cameras are currently down at such locations. Installs of modern, state-of-the-art C-CURE 9000 equipment (a security management/control system) must also be done at various nationwide locations to replace a total of 320 FDA security panels associated with the older MDI software legacy access control systems, which are out of date, failing at increased levels, and represent severe security risks. The FDA must commence with these installations because it cannot be predicted when another security failure may occur at another facility, mostly due to the old MDI equipment becoming non-functional. Because of these many critical security risks, the security installation and maintenance requirement must be met immediately through this contract, which fulfills a critical agency mission need.

The Agency determined that awarding the sole source contract to Birdi Systems was the most appropriate decision to make under the circumstances. Birdi Systems’ staff is organized and ready to commence with performance immediately. This bridge contract anticipates a period of performance of 6 months, which the Agency believes is an acceptable period necessary to meet mission requirements during pending litigation.

6. Description of 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 by subpart 5.2 and, if not, which exception under 5.202 applies.

Due to the urgency to award the contract in a matter of weeks, a solicitation notice was not publicized on SAM.gov, as the exception at FAR 5.202(a)(2) applies – “The proposed contract action is made under the conditions described in 6.302-2…and the Government would be seriously injured if the agency complies with the time periods specified in 5.203.” Specifically, if the contract is not awarded in an expedited manner to prevent a break in service, FDA facilities nationwide would be without maintained or newly installed security systems to keep employees and visitors safe and to protect FDA property.

7. Determination by the Contracting Officer that the anticipated cost/price to the Government will be fair and reasonable.

The estimated cost of this action is $4,370,880.18. The Contracting Officer (CO) obtained written technical and price proposals from the contractor for the required services. Other Than Certified Cost or Pricing Data was obtained, as per FAR 15.403-1(c)(3), the required services are considered commercial services. The CO utilized secondary sources, such as the contractor’s proposed labor rates under competitive circumstances of the protested contract, for comparison in performing a price analysis and establishing the price to be fair and reasonable. Since these are commercial services, and the contract type is Firm-Fixed-Price, an audit was not performed. Birdi System’s proposed rates for all labor categories were the same rates as those proposed on the protested contract. Based on an analysis of the proposed rates and ODC’s, the contracting officer has determined that the anticipated cost to the Government is fair and reasonable.

https://www.acquisition.gov/far/html/Subpart%205_2.html https://www.acquisition.gov/far/html/Subpart%205_2.html https://www.acquisition.gov/far/part-6#FAR_6_302_2 https://www.acquisition.gov/far/part-5#FAR_5_203

Last Modified: April 5, 2017 Page 11 of 13

8. Description of the market research conducted (see FAR Part 10) and the results, or a statement of the reasons market research was not conducted.

Given the unusual and compelling urgency of this requirement, formal market research was not conducted. There was not sufficient time to survey the market and award a competitive contract in less than 30 days without risking a break in service.

9. Any other facts supporting the use of other than full and open competition.

N/A

10. Listing of sources, if any, that expressed, in writing, an interest in the acquisition.

None.

11. Statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the required supplies or services.

There are currently no plans to extend the contract with Birdi Systems beyond the current 6-month period. The Agency anticipates the resolution of pending litigation prior to the expected period of performance end date of November 9, 2024. For the next contract, the Agency will engage the program office early on in the planning process, perform formal market research ahead of established deadlines (for the purpose of determining the selected acquisition strategy), and develop clear solicitation requirements for a competitive procurement.

https://www.acquisition.gov/?q=browse/far/10

Last Modified: April 5, 2017 Page 12 of 13

12. Program office certification.

This is to certify that the portions of this justification that have been developed by the undersigned program office personnel, including supporting information and/or data verifying the Government’s minimum needs, schedule requirements and other rationale for other than full and open competition, are accurate and complete.

Signature:____________________________________

Tampathi Carroll-McIntyre COR/Requiring Activity POC

June 20, 2024

Signature:____________________________________

Karl Thrash COR/POC Immediate Supervisor

June 20, 2024

Signature:____________________________________

Lionel Carter Head of the Sponsoring Program Office

June 20, 2024

13. Contracting Officer Certification.

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.

James G. Whitt Contracting Officer

14. Division Director and Head of the Contracting Activity signature(s).

Signature:___________________________________

Vidya Vish Division Director

Last Modified: April 5, 2017 Page 13 of 13

Leonard D. Grant Head of the Contracting Activity

15. Competition Advocate signature.

Jim Sigg Competition Advocate

16. HHS Senior Procurement Executive signature.

Signature:_____N/A_____________________________

HHS Senior Procurement Executive

2024-06-20T15:08:32-0400
Karl Thrash -S
2024-06-20T15:36:00-0400
Lionel M. Carter -S
2024-06-20T15:41:02-0400
Tampathi Carroll-mcintyre -S
2024-06-20T15:43:28-0400
James G. Whitt -S
2024-06-20T15:47:33-0400
Vidya Vish -S
2024-06-20T17:07:34-0400
Leonard Grant -S
2024-06-20T18:10:22-0400
James M. Sigg -S

File details come from the government source that posted it. Updated .