Justification and Approval Subsidysigned.pdf

Justification and Approval for Sole Source (J&A)

“Source Selection Information – see FAR 2.101 and 3.104”

1. Identification of the agency and contracting activity.

a. Federal agency and contracting activity. HHS/NIH

b. Sponsoring organization. OD/OM/ORS/DATS

c. Project Officer information.

• Project Officer name. Linda Owen

• Mailing address. 9000 Rockville Pike, Building 31/1A08, Bethesda, Maryland 20892

• E-mail address. Linda.Owen@nih.gov

• Telephone number. 301-827-3250

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

a. Acquisition purpose and objectives. The purpose of the National Institutes of Health (NIH) Childcare Subsidy Program is to make childcare more affordable for lower-income NIH federal employees through the use of agency appropriated funds. The NIH Childcare Subsidy Program is able to serve eligible NIH GS and Title 42 federal employees with dependent children from birth to age 13, or children who are disabled and under age 18, living in their home. This service directly impacts the agency’s ability to complete its mission. In the calendar year 2019, 94 employees and 125 children received assistance through the NIH Child Care Subsidy Program. In the calendar year 2020, 72 employees and 92 children received assistance through the NIH Child Care Subsidy Program.

b. Project background. The NIH began providing childcare subsidy to the NIH employees in FY2005 as a three-year pilot program. In FY 2008, the NIH Childcare Subsidy Program was approved as an on-going service.

Since 2008, the services have been provided through multiple five-year contracts (one-year base period, with four one-year options). FEEA Childcare Services, Inc. has been the contractor on each contract renewal.

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

a. Project title. NIH Childcare Subsidy Program mailto:Linda.Owen@nih.gov

b. Project description. Please see current contract for the SOW.

• Requirement type.

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.

New requirement X Follow-on Other (specify): ______________________

• Proposed contract/order type.

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): ___________ Completion Form Term form

• Acquisition identification number. HHSN263201600651A

c. Total estimated dollar value and performance/delivery period. Total contract cost estimate: $80,000. Performance/delivery period: July 1, 2021 to December 31, 2021.

4. Identification of the statutory authority permitting other than full and open competition.

X This acquisition is conducted under the authority of 41 United States Code (U.S.C.) 253(c)(__) as set forth in Federal Acquisition Regulation (FAR) 6.302- __.

This acquisition is conducted under the authority of section 4202 of the Clinger-Cohen Act of 1996.

This acquisition is conducted under the authority of the Services Acquisition Reform Act of 2003 (41 U.S.C. 428a).

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(s). Federal Employee Education and Assistance (FEEA) Childcare Services, Inc., 1641 Prince Street, Alexandria, Virginia 22314-2818

b. Nature of the acquisition and proposed unique qualifications of the contractor(s). FEEA Childcare Services, Inc. has been providing administrative services for federal agency childcare subsidy programs since 2008. FEEA currently works with almost 20 federal agencies, processing applicants and providing subsidy payments each month in an accurate and timely manner, ensuring access to quality childcare for participating federal families.

6. Description of the efforts made to ensure that offers are solicited from as many potential sources as practicable. Indicate whether a FedBizOpps notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies. A sources sought notice will be posted on Contract Opportunities (beta.SAM.gov) seeking any interested business organization to submit a capability statement of their organization that demonstrates their ability to supply the services described in the statement of work or provide a capability statement that demonstrates how other potential databases can meet the requirement described.

7. Determination by the Contracting Officer that the anticipated cost/price to the Government will be fair and reasonable. The anticipated cost/price will be compared against similar childcare subsidy services that provide administrative services for federal agency childcare subsidy programs contracts that are proprietary and sole source to ensure that the price is fair and reasonable. The cost/price will also be compared against historical cost.

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.

Market research was not conducted for this extension request of an existing contract.

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

There are a limited number of contractors that provide administrative services for federal agency childcare subsidy programs nationwide. FEEA has provided this service to the NIH since FY2008 and is used by other government agencies.

10. Listing of sources, if any, that expressed, in writing, an interest in the acquisition. Federal Employee Education and Assistance (FEEA) Childcare Services, Inc.

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. At the expiration of the contract, the government will ensure that market research will be used to continue to monitor the market for new options for this requirement.

12. Program office certification. The program officials cited shall complete the information required below and sign the certification in the blocks provided.

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.

Official Name & Title Signature Date

Project Officer Ms. Linda Owen, Child and Family Programs Program Manager

Project Officer’s

Immediate Supervisor

Mr. Russell Mason, Amenities Program Branch Chief

Head of the Sponsoring

Program Office

Ms. Tammie Edwards, Acting Director, Division of Amenities and Transportation Services

13. 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 J & A 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.

1 This dollar range is current as of the date of issuance of interim acquisition policy memorandum No. 2008-03, but is subject to change – see FAR 6.304(a)(1) and 13.501(a)(2)(i). See HHSAR 306.304(a)(1) and 313.501(a)(2)(i) for additional information regarding CO approval of a J & A in this dollar range.

05/13/2021

Official Name & Title Signature Date

Contracting Officer

Ms. Aseia Chaudhry, Office of Acquisitions Contract Specialist

14. Chief of the Contracting Office and Head of the Contracting Activity signature(s). The Chief of the Contracting Office (CCO), if applicable, and the HCA shall indicate review of, and concurrence with, any J & A over $650,0002 by providing the information required below and signing in the applicable block.

Official Name & Title Signature Date

Chief of the Contracting

Office

Head of the Contracting

Activity

15. Competition Advocate signature. The designated OPDIV Competition

Advocate (CA), upon acceptance of the rationale provided in the J & A, shall complete the information required below and sign in the block provided as the approving official for any J & A over $650,000 but not exceeding $62.5 million3.

However, if the CA does not meet the requirements of FAR 6.304(a)(3)(ii) for a J & A over $12.5 million, but not exceeding $62.5 million, an individual other than the CA shall exercise the approval authority.

The signature of the CA, or that of an individual meeting FAR 6.304(a)(3)(ii) requirements for a J & A over $12.5 million, but not exceeding $62.5 million, shall

2 This review and concurrence requirement is applicable to the dollar ranges over $650,000 cited in the FAR, specifically: (i) over $650,000 but not exceeding $12.5 million; (ii) over $12.5 million but not exceeding $62.5 million; and (iii) over $62.5 million – see FAR 6.304(a)(2) through (4) and 13.501(a)(2)(ii) through (iv). See HHSAR 306.304 and 313.501(a)(1)(iii) for additional information regarding CCO/HCA review of and concurrence with a J & A in these dollar ranges. These dollar ranges are current as of the date of issuance of interim acquisition policy memorandum No. 2008- 03, but are subject to change.

3 This approval authority is applicable to the following dollar ranges cited in the FAR, specifically:

(i) over $650,000, but not exceeding $12.5 million; and (ii) over $12.5 million, but not exceeding $57 million – see FAR 6.304(a)(2) and (3) and 13.501(a)(2)(ii) and (iii). See HHSAR 306.304(a)(2) and (3) and 313.501(a)(ii) and (iii) for additional information regarding this approval authority, including when the CA does not meet the requirements of FAR 6.304(a)(3)(ii). These dollar ranges are current as of the date of issuance of interim acquisition policy memorandum No.

2008-03, but are subject to change.

serve as concurrence on any J & A over $62.5 million that requires the approval of the HHS SPE.

Official Name & Title Signature Date

Competition Advocate

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

Official Name & Title Signature Date

HHS Senior Procurement

Executive

4This dollar range is current as of the date of issuance of interim acquisition policy memorandum No. 2008-03, but is subject to change – see FAR 6.304(a)(4) and 13.501(a)(2)(iv). See HHSAR 306.304(a)(4) and 313.501(a)(2)(iv) for additional information regarding SPE approval of a J & A in this dollar range.

Justification and Approval for Sole Source (J&A)