Justification and Approval for Other Than Full and Open Competition HFARD NBIC 3SEP26 FE Redacted.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

(41 U.S.C. 3304(a)(2))

J&A No: FY26-0237

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) 6.103 (FAR Class Deviation 25-111) and in accordance with the requirements of RFO 6.104, the justification for the use of the statutory authority under RFO 6.103 is justified by the following facts and rationale required under RFO 6.104-1 as follows:

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), Office of Procurement Operations (OPO), Department Operations Division III (DOAD III) in support of the Office of Health Security (OHS), proposes to enter into a contract on a basis other than full and open competition.

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

(a) Nature of action

DHS/OPO/DOAD III intends to procure administrative, programmatic, systems engineering, research analysis, and scientific support to the OHS, Health, Food, and Agriculture Resilience Directorate (HFARD), National Biosurveillance Information Center (NBIC) on a sole source basis via task order under an existing OASIS+ contract.

(b) Name and address of the contractor.

Noblis, Inc. (Noblis) 2002 Edmund Halley Dr Reston, VA, 20191

(c) Contract type The contract type is Firm-Fixed Price (FFP)

1 In this document, citations to RFO Parts 6, 10, 15, 25 are citations specifically to FAR Class Deviation 25-11 for FAR Part 6, FAR Class Deviation 25-06 for FAR Part 10, FAR Class Deviation 26-08 R1 for FAR Part 15, and FAR Class Deviation 25-09 R1 for FAR Part 25, which were issued as part of the Revolutionary FAR Overhaul (RFO), implemented in response to Executive Order 14275, Restoring Common Sense to Federal Procurement, signed April 15, 2025.

(b) Details covering what events lead to the situation requiring use of other than full and open competition procedures including whether any portion of the work can be segregated to allow for competition;

The need for this exception to fair opportunity and associated justification derives from the need to support continuation of services resulting from statutorily mandated DHS component re-organizations, as well as resulting implications to appropriations, contract transitions, and workforce re-allocations, amongst others. Due to statutory reasons, it was not possible for DHS/OHS to make a competitive award in FY26. Planning is underway to award these services competitively as part of the OHS office-wide procurement for A&AS in FY27.

(c) Summarize alternatives considered and why they will not work; and

The following alternatives were considered:

• Execute a competitive follow-on task order via the OASIS+ or competitive GSA Multiple Award Schedule: There is insufficient time remaining this fiscal year to execute a full and open competition and make award.

• Incorporate into the OHS greater recompete: During the mission transfer discussions, NBIC incorporated their work into the OHS office-wide A&AS competitive procurement as an option. This contract is not anticipated to be awarded until FY27. Once complete it will include NBIC requirements.

(d) Impact to the mission that would result if the J&A is not approved and, consequently, the product or service not provided.

NBIC is primarily supported via their A&AS contract for operations and program management and will be unable to execute their statutory mission to detect biological events of national concern early without A&AS contract. Without this contract, biosurveillance reporting would not be provided to the White House, National Security Counsil, and FSLTT partners.

(e) Rationale for use of the nonavailability exception to the Buy American statute, including detailed information explaining why the particular articles, materials, or supplies of the class or kind to be acquired, either as end items or components, are not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality.

Not applicable

7. Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential Sources as is Practicable.

This proposed contract action qualifies for the publishing exception under RFO 5.101(b)(1)(iv) “Is an order issued under a requirements contract, a task order contract, or a delivery order contract.” As well as, RFO 5.101(b)(2) “Using other than full and open competition (see 6.103), except for the authorities at 6.103-1 (only one responsible source) and 6.103-6 (national security)” since we’re not pursuing either exemption.

8. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable.

The Contracting Officer determines that the anticipated price(s) will be fair and reasonable based on commercial pricing norms, prior federal acquisition history, and market research findings. Based on market research and acquisition history, pricing for these services is stable, predictable, and reasonably verifiable given prior GSA Federal Supply Schedule and OASIS+ orders, OASIS+ pricing tools, GSA CALC estimates. Additionally, the Government’s Independent Cost Estimate (IGCE) reflects a standard inflation/escalation rate over previous contract periods for labor costs. It will further be utilized in the determination of fair and reasonable pricing for these requirements.

9. Description of Market Research.

(a) Describe the market research techniques utilized, the specific results of the market research, the date when the market research was conducted, and how the market research was used by the contracting officer to determine price reasonableness.

The market research for the prior A&AS requirement was conducted between January 2025 and June 2025 by the former Countering Weapons of Mass Destruction Office’s (CWMD) Information Analysis Directorate before CWMD sunset and NBIC was transferred to OHS. During the prior market research period, nineteen (19) commercial vendors responded to the Request for Information (RFI) issued via GSA’s Market Research As a Service (MRAS), indicating significant interest and robust competition in the marketplace. None of the small businesses were determined to be able to support all of the requirements, and four (4) large businesses were determined able to support all contract requirements, which included the incumbent Noblis. All four (4) large businesses determined capable are available on OASIS+ unrestricted. Pricing estimates were based on GSA price averages for each specific labor category, utilizing the historical rates with inflation rate increases.

Since the completion of market research, no significant changes in market conditions have been observed. The OASIS+ marketplace continues to provide a sufficient pool of commercial vendors capable of responding to Requests for Quotations (RFQs), ensuring adequate competition and best value to the Government. The continuous open solicitation for GSA OASIS+ allows new industry partners to join, further stabilizing the market and reducing the risk of supply disruptions.

All available evidence indicates that the findings and conclusions of the original market research remain valid and applicable to the current procurement environment.

The original market research identified multiple vendors capable of meeting the requirements. However, given the short timeframe and to maintain continuity of services Noblis is the only company that can fulfill this need in the short term.

The matrixed nature of the National Biosurveillance Integration Center (NBIC), and Data Integration (DI) missions, combined with the need for continuity and minimal disruption, suggests that a vendor with existing knowledge, infrastructure, and proven performance in supporting requirements would be best positioned to ensure continuity of services. The context further notes that unbundling requirements would not benefit NBIC and DI due to its operational structure, and that small business partnership is expected through subcontracting, but not as a prime solution.

Given these factors, the rationale for selecting a sole source provider such as Noblis would be based on its demonstrated ability to meet all requirements, its prior experience with NBIC and DI, and its readiness to mobilize resources quickly to avoid any lapse in service. The market research team’s review of RFI responses recommended that OASIS+ unrestricted is the path forward, with a minimum of 20% of the contract performed by small business through teaming arrangements with the prime vendor. This supports the argument that a prime vendor with established teaming relationships and a track record of compliance with NBIC’s and DI’s mission requirements is essential for continuity of services.

(b) Describe the market research results that support the determination that the items are nonavailable

N/A

(c) If market research was not conducted, a reason for its absence must be cited here.

Market research was completed for a full and open competition that cannot be completed in time due to the above justification.

(d) If patents, copyrights, and/or intellectual property are applicable to the acquisition, describe the circumstances for acquiring a patented or copyrighted product on the representation of the intellectual property holder that has not been licensed for resale.

N/A

10. Any Other Facts Supporting the Use of Other Than Full and Open Competition.

N/A – No additional facts supporting the Use of Other Than Full and Open Competition.

11. A Listing of the Sources, if Any That Expressed, in Writing, an Interest in the Acquisition.

In 2025, an RFI was released on SAM.GOV for all contractors under NAICS 541330 Engineering Services and PSC R499 Support – Professional: Other. The RFI resulted in nineteen (19) vendors including 14 small businesses across a range of socio-economic statuses. While RFI responses are typically not as detailed as RFQ responses, the number of responses indicated to the market research team that sufficient market interest and capability can be found among OASIS+ Unrestricted. The Department of Homeland Security (DHS) adopted One Acquisition Solution for Integrated Services+ (OASIS+) contracts as a Strategic Sourcing Vehicle (SSV).

The nineteen (19) RFI responses indicated to the market research team that sufficient capability is available only in OASIS+ unrestricted vendors to support meaningful competition. None of the small businesses were determined to be able to support all of the requirements, and four (4) large businesses were determined able to support all contract requirements. All four (4) large businesses determined capable are available on OASIS+ unrestricted.

12. A Statement of the Actions, if Any, the Agency May Take to Remove or Overcome Any

Barriers to Competition Before Any Subsequent Acquisition for Supplies or Services Required.

The Office of Health Security (OHS), in coordination with the Office of Procurement Operations (OPO), will continue pursuit of a competitive award placed against an existing contract vehicle in FY27.

(a) Will the Government revise overly technical specifications, acquire data rights, etc.?

Not applicable

(b) When a J&A is issued for the purposes of acquiring goods or services while a competitive procurement is being conducted, the justification should include a detailed timeline for completion of the competitive procurement. The period of performance for the sole source action should fairly balance the time needed to complete the competitive procurement. The focus should be on minimizing the need for additional sole source awards.

DHS OHS HFAR intends to resolve organizational uncertainties and has resumed acquisition planning to enable a competitive procurement for future requirements. This contract is a temporary measure, not intended to exceed 12-months, and the agency is committed to removing barriers to competition prior to any subsequent acquisition for these services.

(Remainder of this page left blank intentionally)

13. Contracting Officer’s Certification. I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

14. Technical/Requirements Personnel Certification. I certify this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

APPROVAL: