MSS TAB JA for Other Than Full and Open Competition under FAR Part 6 MSS_Redacted.pdf

CUI

Control Number: FY25-0026

Controlled by: Defense Health Agency (DHA) Controlled by: Enterprise Medical Services Contracting Division (EMS-CD)/Enterprise Strategic Sourcing Branch CUI Category(ies): Source Selection Limited Dissemination Control: FEDCON

POC:

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Source Selection Information - See FAR 2.101 and 3.104-4

1 OCT 2024

Justification and Approval (J&A) for Other than Full and Open Competition Federal Acquisition Regulation (FAR) Part 6

Identification of the Agency and Contracting Activity: Defense Health Agency (DHA) Program Management Office (PMO) – Enterprise Medical Service/Healthcare Portfolio/Medical Support Services. DHA Contracting Activity/Enterprise Medical Services Contracting Division

(EMS-CD).

Nature and/or Description of Action being Approved: requests approval to modify the existing 26 Medical Support Services (MSS) Indefinite Delivery-Indefinite Quantity (IDIQ) Firm Fixed Price contracts, see paragraph 3, to extend the ordering period for seven (7) months until 31 October 2025 pursuant to Defense Federal Acquisition Regulation Supplement (DFARS) 217.204(e)(i). The ordering period for the existing MSS contracts will expire on 31 March 2025. The DHA is currently in the solicitation phase for the Medical “Q" Coded Support and Services- Next Generation (MQS2-NG) acquisition, which has combined the current MSS and Medical Q-Coded Services (MQS) programs under a single strategic sourcing program. Due to unforeseen delays, the MQS2-NG Small Business (SB) set-aside acquisition will not be awarded prior to the expiration of the current ordering period. A seven-month extension of the ordering period on the existing contracts, is needed to allow for continued placement of orders until the award and implementation of the MQS2-NG SB contracts. The seven-month extension will not cause the Task Orders to go beyond the 10 years, reason being all Task Order performance shall end on or before 24 July 2028.

Description of Supplies/Services and Estimated Value: The Military Health System (MHS) requires continued non-personal medical support services to supplement medical staff at Department of Defense (DoD) Military Treatment Facilities (MTFs) within the 50 United States of America, District of Columbia, Guam and Puerto Rico with credentialed (privileged and non-privileged) and non-credentialed health care workers in the following support service labor categories: clerical, certified, specialized, and technical skills.

Contract No. Contractor HT001418D0003 Akahi InGenesis Partners, LLC HT001418D0004 American Hospital Services Group, LLC HT001418D0005 Anthony & Associates, Inc.

CUI

Source Selection Information - See FAR 2.101 and 3.104-4

OCT 2024

(a) The ordering period for the existing MSS, which aligns with the mission critical MQS contracts, will expire on 31 March 2025. The DHA is currently conducting source selections for the MQS2-NG SB acquisition, which has combined the current MQS and MSS programs under a single strategic sourcing program. The MQS2-NG acquisition consists of both Unrestricted and SB set-aside IDIQ pools. The MQS2-NG Unrestricted IDIQ has been awarded; however, due to unforeseen delays, the MQS2-NG SB acquisition will not be awarded prior to the expiration of the current ordering period. The Government is establishing ordering processes for the MQS2-NG Unrestricted pool, however, a seven (7) month extension of the ordering period on the existing MSS contracts, is needed to allow for continued placement of orders until the award and implementation of the MQS2-NG program, both Unrestricted and SB are fully functional. The establishment of a competitive short-term strategic sourcing platform for purchasing medical support services, prior to the expiration of the existing MSS ordering period is not likely and would be a duplication of the efforts currently in progress to establish the competitive long term strategic sourcing platform (MQS2-NG).

(b) At this time, the Government does not have sufficient time and available resources to facilitate the award of a short-term multiple award SB IDIQ platform and the long-term multiple award SB IDIQ platform (MQS2-NG) simultaneously without additional delays in the award of the MQS2-NG SB acquisition or increased federal spending. There are approximately 1,500 full time equivalents required for medical support services supplementing the MTFs. Failure to extend the ordering period on the existing MSS contracts will likely result in the loss of the DHA's single strategic sourcing platform for purchasing clerical, certified, specialized, and technical services for MTFs and negatively impact the ongoing efforts to standardize the delivery and quality of medical support services across the MHS.

In accordance with Federal Acquisition Regulation (FAR) 6.302-l(a) (iii)(B), “services may be deemed available only from the original source in the case of follow-on contracts for the continued provision of highly specialized services when it is likely that award to any other sources would result in unacceptable delays in fulfilling the agency's requirements". The services provided under the MSS program are mission essential medical services that closely aligns with the important mission critical services of the current MQS. An award to any other source could result in unacceptable delays in providing quality medical care to DoD beneficiaries.

6. Efforts to Obtain Competition: The EMS-CD is embarking on a competitive Services Category I (S-CAT I) rated Acquisition Program to replace DHA's MQS and MSS enterprise Multiple-Award IDIQ contracts. The next generation Acquisition Program, known as MQS2-NG, was developed to continue the standardization of MHS medical and dental contracts and improve the efficiencies of the DHA in a market-based and enterprise-wide buying he extension of the current ordering period under the existing MSS platform provides for the continued provision of highly specialized services. No efforts to obtain competition beyond the MQS2-NG acquisition strategy is reasonable for the short-term need.

CUI

Source Selection Information - See FAR 2.101 and 3.104-4

OCT 2024

The notices required by FAR 5.202 will be posted. Additionally, a Waiver Request for DFARS Procedures, Guidance, and Information 206.302-1(d) for posting a Request for Information (RFI) or Sources Sought Notice for Contract Actions Utilizing FAR 6.302-1 is currently being developed for submission and approval by the Head of Contracting Activity for this extension request.

Actions to Increase Competition/Remove or Overcome any Barriers to Competition:

The MSS program is a decentralized strategic sourcing platform comprised of 26 multiple award IDIQ contracts and all orders must be placed under FAR 16.505(b)( ), whereas each Contractor under the MSS contract will be given a fair opportunity to be considered for each TO award, unless an exception as outlined in FAR 16.505(b)(2) applies. Both MQS2-NG programs were competitively conducted under source selection procedures in accordance with FAR Part 12 and FAR Part 15 and shall follow the same guidance under FAR 16.505(b)(2) to continue to promote fair opportunity and competition.

Market Research: The MQS2-NG Integrated Product Team conducted market research between 28 September 2020 and 29 October 2022 via RFIs, structured interviews, and reviews of industry reports; procurement reports; and Government strategic contracts. The collection and analysis of this data provided the team with a greater understanding of the availability of medical services within the commercial market and vendor capabilities. The Government's findings supported the DHA's proposed strategy to design a contract vehicle to replace two current strategic contract vehicles for professional medical services under the MQS and under the MSS contracts. Based on the findings of market research the DHA is facilitating a new S-CAT I rated Acquisition Program to replace DHA's MQS and MSS enterprise Multiple-Award IDIQ contracts. The new MQS2-NG was developed to continue the standardization of MHS medical and dental contracts and improve the efficiencies of the DHA in a market-based and enterprise-wide buying approach. However, due to unforeseen delays, the MQS2-NG SB set-aside acquisition will not be awarded and implement prior to the expiration of the current ordering period. A seven-month extension of the ordering period on the existing contracts, is needed to allow for continued placement of orders until the award and implementation of the MQS2-NG SB contracts.

Other Facts:

Procurement History:

Is this a new requirement? No

If 9.a.(1) is No, was the action just prior to this one competed?

IDIQ was awarded and executed in 2018.

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Source Selection Information - See FAR 2.101 and 3.104-4

OCT 2024

(3) If 9.a.(2) is Yes, what has changed where this action cannot be competed? Not Applicable

b. Additional Information: The EMS-CD Team has been actively engaged in the MQS2- NG acquisition since FY 2020. Despite the many challenges and delays encountered during the solicitation process, (i.e. the COVID 19 Pandemic pre-award protests

), EMS-CD

has made significant progress with the award of the MQS2-NG Unrestricted IDIQ while currently conducting source selections for the MQS2-NG solicitation.

Pursuant to DFARS 217.204(e)(i), notwithstanding FAR 17.204(e), the ordering period of a task order or delivery order contract (including a contract for information technology) awarded by DoD pursuant to 10 U.S.C. 2304a— (A) May be for any period up to 5 years; (B) May be subsequently extended for one or more successive periods in accordance with an option provided in the contract or a modification of the contract; and (C) Shall not exceed 10 years unless the head of the agency determines in writing that exceptional circumstances require a longer ordering period. The MQS contracts meet the 10 U.S.C. 2304a definition of task order or delivery order contract, however the contracts do not provide for the option to extend services beyond the established ordering period. Therefore, the Government intends to extend the ordering period via a contract modification.

10. Interested Sources: The Government has received expressed interest from industry partners in response to the MQS2-NG effort. Although the Unrestricted contracts have been awarded, evaluation of the SB contracts is on-going.