LSJ - 75D30121F10268 - SIGNED.pdf

Please wait...

If this message is not eventually replaced by the proper contents of the document, your PDF viewer may not be able to display this type of document.

You can upgrade to the latest version of Adobe Reader for Windows®, Mac, or Linux® by visiting http://www.adobe.com/go/reader_download.

For more assistance with Adobe Reader visit http://www.adobe.com/go/acrreader.

Windows is either a registered trademark or a trademark of Microsoft Corporation in the United States and/or other countries. Mac is a trademark of Apple Inc., registered in the United States and other countries. Linux is the registered trademark of Linus Torvalds in the U.S. and other countries.

Template for a Federal Supply Schedule (FSS) Limited-Sources Justification

Completion Instructions: HHS has established a standard template for the preparation of a Limited-Sources Justification (LSJ) pursuant to FAR Subpart 8.4. This template is for use with orders issued under the Federal Supply Schedule (FSS) program where the value exceeds simplified acquisition threshold and competition is restricted: (1) to fewer schedule contractors than required in FAR 8.405-1, 8.405-2, or 8.405-3, or (2) to an item peculiar to one manufacturer. See FAR Subpart 8.4 for additional guidance. This template is not for use with acquisitions other than those under FAR Subpart 8.4.

Tailor all aspects of this template to the individual acquisition. Consult FAR 8.405-6 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.

FEDERAL SUPPLY SCHEDULE

LIMITED-SOURCES JUSTIFICATION

2. Description of Action:

Nature:

Pricing:

Funds:

<For each proposed contractor if more than one (e.g., brand name):>

3. Description of Supplies and Services to Include Contract Vehicle/Number Utilized:

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.

4. Authority:

When competition is limited to items peculiar to one manufacturer, this justification must explain why the particular brand name, product, or feature is essential to the Government's requirements, and that market research indicates other companies' similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency's needs in accordance with FAR 11.105.

5. Market Research:

Describe the extent of the market research conducted among the schedule holders and the results, or a statement of the reason that market research was not conducted. Brand name specifications shall not be used unless the particular brand name, product, or feature is essential to the Government’s requirements, and market research indicates other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency’s need.

6. Actions to Increase Competition:

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 or services is made. If no such actions have been taken, explain why.

7. Any other facts supporting the justification:

8. Technical / Requirements Certification: By my signature below, I certify that the supporting data under my review which is included in this Limited-Sources Justification is accurate and complete.

Program Manager Name:

Position Title:

Email address:

Phone:

Program Manager Supervisor (or one level above Program Manager) Name:

Position Title:

Email address:

Signature:

Date:

9. Best Value Determination: By my signature below, after review of the relevant documents, I have determined that the order subject to this Limited-Sources Justification represents the best value for the Government as set forth in FAR 8.404(d), and constitutes a fair and reasonable price. The basis for my determination is as follows:

Describe in detail the basis for the determination that this order provides the best value, and that the price is fair and reasonable. Attach and/or summarize applicable market research, commercial prices lists, comparable GSA schedule pricing or other markers that were used in this determination.

10. Contracting Officer's Approval (Required for proposed contract not to exceed $700,000 (value calculated including all options)): I hereby certify that this justification is accurate and complete to the best of my knowledge. I approve this justification subject to the availability of funds, and provided that the services and supplies herein described have otherwise been approved for acquisition.

Name:

Phone:

Signature:

Date:

11. Legal Review:

All J&As greater than $68 million must have a legal review from the General Law Division of the Office of the General Counsel prior to sending it to the Department.

12. OPDIV Competition Advocate Approval (Required for proposed contract over $700,000 but not exceeding $13.5 million (value calculated including all options)):

I have reviewed this justification and find that it adequately supports limiting sources.

Name:

Phone:

Signature:

Date:

13. Office of Small and Disadvantaged Business Utilization:

I have reviewed this justification and find that it adequately supports limiting sources.

Name:

Phone:

Signature:

Date:

14. OPDIV HCA Approval (Required for proposed contract over $13.5 million but not exceeding $68 million (value calculated including all options)):

Name:

Phone:

Signature:

Date:

15. Department Competition Advocate:

Concur:

Non-Concur:

Name:

Phone:

Signature:

Date:

(The below approval paragraph is required if the cumulative contract value, including all options, exceeds $68 million.)

16. HHS Senior Procurement Executive (SPE) Approval:

Based on the foregoing justification, I hereby approve limiting sources for the above stated procurement, subject to the availability of funds, and provided that the services herein described have otherwise been authorized for acquisition.

State supplies/services being procured:

State the full statutory authority and FAR cite and title, consistent with paragraph 4, e.g. 41 U.S.C. 3304:

State the full statutory authority and FAR cite and title, consistent with paragraph 4, e.g. 41 U.S.C. 3304 Name:

Phone:

Signature:

Date:

11.0.0.20130303.1.892433.887364 Justification & Approval - Federal Supply Schedule Health and Human Services Justification & Approval - Federal Supply Schedule

This requirement is to modify an existing contract for subject matter experts to provide consulting services with expertise in Third- Party Administration managing self-funded health care programs and federal health care systems. The solicitation was first issued on November 16, 2020 to be competed among small businesses on eBuy. No quotes were received. Another solicitation went out on December 3, 2020 as full and open competition and 3 quotes were received on December 18, 2020. This justification is to modify that existing contract awarded to Booz Allen made on January 22, 2021, 75D30121F10268. The original period of performance for the base period was from January 11, 2021 - July 31, 2021. This modification will add an increased level of effort and change the base period of performance to January 11, 2021 - December 31, 2021. We anticipate the new work from this modification will start in April, 2021 - December 31, 2021. Options will be removed from this requirement and the option period work will be competed.

BAH who performed the contract for the previous phase has knowledge and experience with the project or program that no other company possesses and which accrues to the benefit of the government. A different contractor would have to work to catch up in order to perform the follow-on, which would cost time and money and increase project or program cost, schedule, or performance risk.

The current support from BAH would be lost if this requirement was re-solicited for new support and would delay the process of completing the tasks for this requirement in order for a new TPA contract to be in effect by April 2022. For continuity and no disruption to the work being conducted at this time, awarding the new work under this contract by modification to BAH is in the best interest to the Government. The level of effort was underestimated at time of award but has been realized; thus the need for the increased level of effort. Booz Allen will provide insight and advice concerning the strategic direction and applicability of up to date, industry standard solution. They will provide high-level vision to the program and project manager as well as senior client leadership.

To ensure we meet our objectives and mitigate risk of procuring a vendor that will not meet the needs of the Program, WTCHP needs a deeper dive on the program and the roles and responsibilities of each TPA function: member services, network management, utilization management, claims processing and contract management. In addition, IT transition is WTCHP's biggest challenge that requires subject matter expertise to ensure we deploy enterprise-wide knowledge and experience in the Data and IT area.

Additional and better defined tasks with this modification include:

- Data and IT expertise

- Mapping redundancies

- Making informed decisions based on Program needs and legislative requirements and leveraging industry and government payer/health program approaches

- Documenting assumption

- Developing a road map for HPS vendor contracts (i.e. HPS TPA, CCE, NPN, etc.) based on decisions, best practices, and regulatory requirements

- Creating transition out requirements which will need to be more robust than traditional TPA transition plans, given the current TPA has built their services in a non-transparent manner. The transition out plan will also need to account for decisions and assumptions made.

- Creating transition in requirements that will account for lessons learned from other government health programs that purchase TPA services from industry and be clearer and more specific based on decisions and assumptions made by the NIOSH team.

Booz Allen will continue and expand their consulting services and expertise for the Health Program Support (HPS) Third Party Administrator (TPA) acquisition, assisting in development of the Health Program Support (HPS) Performance Work Statement (PWS) and supporting source selection and implementation of the HPS TPA contract.

Through BAH support to-date, it has been concluded that the WTC Health Program would benefit significantly from a pragmatic process of strategic decision-making to design the HPS with consideration for intended outcomes over the coming five to ten years. A facilitated decision-making approach will allow the NIOSH team to consider current programmatic processes in comparison to industry and government health program best practices. This proven process will aid in executing the acquisition program and ensure alignment and consistency with the WTC’s vision of TPA acquisitions. In addition to requirements elaboration and support for strategic decision-making, an assessment of the impact on concurrent program contracts will equip WTC Health Program with insights to enhance synchronization across procurements. This will support NIOSH’s goal for a consolidated program that eliminates redundancies and is consistent with industry and federal health plan best practices as well as adaptable for innovations.

State the full statutory authority and FAR cite and title, consistent with paragraph 4, e.g. 41 U.S.C. 3304: The contractor BAH who performed the contract for the previous phase has knowledge and experience with the project or program that no other company possesses and which accrues to the benefit of the government. A different contractor would have to work to catch up in order to perform the follow-on, which would cost time and money and increase project or program cost, schedule, or performance risk.

The impact of competing and potentially awarding this work to a new contractor prior to the development completion of government solutions in 2021 would result in a loss of the deliverables currently due under the current contract. It would pose a major delay to the future TPA solicitation which impacts the core mission of WTCHP of providing medical services to survivors and responders.