NIS JOFOC.pdf

Template for Justification and Approval for Other Than Full and Open Competition Completion Instructions: The Department of Health and Human Services (HHS) has established a standard template for the preparation of a J&A for Other Than Full and Open Competition. If this is an 8(a) set-aside, please note this form is not required unless the acquisition is valued (including all options) at greater than $22 million. This template is NOT applicable for actions using simplified acquisition procedures (FAR Part 13), Federal Supply Schedule orders (FAR 8.4) or task or delivery orders subject to fair opportunity (FAR 16.505).

Tailor all aspects of this template to the individual acquisition. Consult FAR Subpart 6.3 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.

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

Acquisition Title: National Immunization Survey bridge contracts (Q2-Q4 2023)

Agency: CDC

Acquisition Year (FY): 2023

Author and Title: Joshua Houston, Contract Specialist

2. Description of Action:

Nature: New Requirement Follow-on Requirement

Modification to Existing Purchase Order/Contract Number:

Pricing: Firm-Fixed Price Time & Materials Cost

Other:

Funds: OMA Other Funds:

Name of Proposed Contractor(s): National Opinion Research Center

Street Address: 55 E Monroe St 30th Fl

City, State, Zip: Chicago, IL 60603

3. Description of Services or Supplies:

Basis for Approval (FAR 6.303-1(d)): Individual Basis Class Basis

The total estimated value of the proposed action, including all options is $ 41,677,643.76

As applicable, briefly describe the services or supplies required to meet the agency's needs, including make & model number where appropriate. Include quantities of supplies or period of performance for services. Provide information for any options included. If the action is a modification to an existing contract, distinguish clearly between the work covered by the original contract and the work to be obtained by the proposed modification.

The National Immunization Surveys (NIS) are a group of telephone surveys sponsored and conducted by the Centers for Disease Control and Prevention (CDC), National Center for Immunization and Respiratory Diseases (NCIRD). The NIS provides current, population-based, state and local area estimates of vaccination coverage among children, teens, and adults using a standard survey methodology. These surveys include the NIS-Child, NIS-Teen, and NIS-Flu surveys. The NIS also includes additional vaccination-related survey modules, as needed, and evaluation projects to improve the efficiency, quality, and validity of the NIS.

In order to provide critical immunization coverage data and produce estimates that are comparable over time, the NIS surveys are conducted on fixed schedules in quarterly increments.

The contracts that are the subject of this Justification and Approval (J&A) will cover data collection in the second, third, and fourth quarters of the 2023 calendar year data collection cycle while a new award of a competitive contract is completed.

This class J&A concerns the following four contracts:

1. The NIS-Child survey for the second, third, and fourth quarters of the 2023 calendar year data collection cycle.

2. The NIS-Teen survey for the second, third, and fourth quarters of the 2023 calendar year data collection cycle.

3. The NIS-Flu survey for the second, third, and fourth quarters of the 2023 calendar year data collection cycle. This will include the final quarter of data collection for the NIS-Child Influenza Module for the 2022-2023 influenza season (the second quarter of calendar year 2023). This will also include the NIS-Child COVID Module and the NIS-Adult COVID Module for the second, third, and fourth quarters of the 2023 calendar year data collection cycle.

4. The NIS-Child Influenza Module for the fourth quarter of the 2023 calendar year, which is the first quarter of the 2023-2024 influenza season.

Collectively, the four contracts described above will be referred to hereafter as the “bridge work.”

The period of performance for this bridge work is April 1, 2023, through March 31, 2024. There will be no options for additional periods of performance beyond the one year.

4. Authority and Rationale: Identify the statutory authority, FAR title and FAR citation permitting other than full and open competition. It may be one of the following most commonly used citations by the operating divisions of the Department of Health and Human Services (HHS), but other exceptions may apply per FAR Subpart 6.3.

Actions other than simplified acquisition procedures (select only one and provide an explanation):

FAR 6.302-1: Only one responsible source and no other supplies or services will satisfy agency requirements, 41 U.S.C.

3304(a)(1)

Explain why the intended contractor is the only responsible source who can provide the required supplies or services.

Discuss the unique capabilities, expertise, etc. that support the lack of competition/why no other type of supplies or services will satisfy agency requirements. Explain factors/unique qualifications such as proprietary data or exclusive licensing rights, if applicable. When competition is limited to items particular 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. If in connection with a follow-on contract for continued development or production of highly specialized equipment, detail the substantial duplication of cost or unacceptable delays. May not Exceed one year, including all options, unless the head of the agency (Secretary of HHS) determines that exceptional circumstances apply.

FAR 6.302-2: Unusual and compelling urgency, 41 U.S.C. 3304(a)(2) If unusual and compelling urgency is the basis for the justification, explain the chronological events leading up to the requirement and explain why time constraints cannot permit even a limited competition. Describe the detrimental effects/ serious injury to the mission of the requiring activity or to the government, financial or otherwise, that will result if this justification is not approved. Describe impact of required delivery/performance date. Describe the detrimental effects/serious injury to the mission of the requiring activity or to the government, financial or otherwise, that will result if this justification is not approved and the product or service cannot be provided by the intended sole source contractor. Failure to plan for expiring funds is not a valid reason for citing this exception. May not exceed one year, including all options, unless the head of the agency determines that exceptional circumstances apply.

On March 7, 2022, CDC solicited request for proposals (RFP) no. 75D30122R72148, “National Immunization Survey (NIS) 2022-2028,” under full and open competition for conduct of the NIS during the 2023-2027 NIS data collection cycles. CDC awarded contract no.

75D30122D14800 on August 23, 2022 which was subsequently protested. The agency resolicited on October 13, 2022.

On January 3, 2023, CDC awarded contract no. 75D30123D15854. The award was protested on January 13, 2023. The agency resolicited on February 22, 2023. Data collection under the resolicited procurement is to begin with the first quarter of the 2024 calendar year data collection cycle.

CDC must solicit and award four contracts (collectively, the “bridge work”) to the incumbent contractor, NORC, for the conduct of data collection for the second, third, and fourth quarters of the 2023 calendar year data collection cycle, the agency’s immediate and minimum need while the agency resolicits this procurement as part of its corrective action.

The agency’s use of other than full and open competition with respect to the award of the bridge work referenced above is premised upon the exception to full and open competition contained in FAR 6.302-2—which provides that “[w]hen the agency’s need for the supplies or services is of such an unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals, full and open competition need not be provided for.” FAR 6.302-2(a). In order to rely upon this exception, the agency must establish: (1) “An unusual and compelling urgency precludes full and open competition”; and (2) “Delay in award of a contract would result in serious injury, financial or other, to the Government.” FAR 6.302-2(b). The balance of the agency’s response in Section 4 will establish that the agency meets both prongs of this inquiry.

The NIS is the nation’s primary source of childhood vaccination coverage data at national and state levels, providing accountability for the federal investment in the Vaccines for Children (VFC) program and Section 317 immunization grant program. Collection of data for the NIS-Child survey has been continuous since 1994. The NIS informs the allocation of billions of dollars of federal resources. If this data were not collected for one month or more, the nation would lose critical insight into childhood vaccination coverage across the nation, potentially hampering efforts to allocate resources where they are most needed. Specifically, interruption of NIS data collection for one month or more would lead to insufficient sample size to provide estimates of vaccination coverage among children by two years of age and during adolescence by state and selected local and U.S.-affiliated jurisdictions.

This would impair future allocations of Vaccines for Children (VFC) vaccines to states that would use the 2023 NIS data and could lead to insufficient supply of VFC vaccine for the Nation’s most vulnerable children in some states. Interruption of NIS data collection would cease the flow of weekly data on flu vaccination among children, and COVID-19 vaccination and factors associated with vaccination. These data are used real-time to identify sociodemographic factors associated with lower vaccination coverage, e.g., the weekly flu vaccination data last year identified racial and ethnic disparities in vaccination coverage which prompted focused social media and other communications with partners to address this issue. The COVID-19 data provide progress with uptake of the updated bivalent vaccine and sociodemographic groups with lower uptake, which is used by CDC, other federal agencies, and the White House to focus communications and program efforts to improve vaccine confidence and uptake.

The NIS estimates are used to evaluate state, selected local, and U.S.-affiliated immunization programs. The NIS data also provide the primary source of evaluation of health equity, identifying disparities in vaccination coverage by race/ethnicity, health insurance status, poverty status, and urbanicity. Findings are used to initiate projects to better understand root causes of these disparities and interventions to improve vaccination coverage (e.g., cooperative agreements were funded to address reasons for lower vaccination coverage among children living below poverty in certain states, and the lower human papillomavirus vaccination coverage observed in rural areas). The interruption of data collection under the NIS would frustrate these efforts because sample size would be inadequate to provide new estimates of state-specific vaccination coverage, leaving public health professionals and policymakers without access to key state-level data needed to identify these disparities.

The NIS is used to provide near-real time estimates of influenza vaccination for children during each influenza season (from October through June). This data is published through CDC’s FluVaxView. Estimates from the NIS have identified drops and racial/ethnic disparities in early season influenza vaccination coverage that were then used by CDC and its partners to focus efforts to promote vaccination. A delay or interruption of influenza vaccination data during the either the remaining portion of the 2022-2023 influenza season or the first quarter of the 2023-2024 influenza season would inhibit CDC and other public health authorities from identifying in near-real time where influenza vaccination for children is lagging or where disparities exist. Without this data, efforts to promote vaccination may not be targeted where they are most needed. Real-time data is used to catalyze action within the same flu season to improve vaccination coverage during the season and avert illness. For example, National Influenza Vaccination Week (NIVW) is the first week of December each year and is used for one final push to increase that season’s influenza vaccination coverage. Interruption in collection of the NIS influenza vaccination data in October 2023 and November 2023 hamper NIVW efforts in December 2023.

The NIS is also providing critical weekly information on COVID-19 vaccination, intent to vaccinate, and the social and behavioral drivers of vaccine uptake to inform the CDC, HHS, and White House COVID-19 vaccination campaign. The NIS provides the main source of data on COVID-19 vaccination by race/ethnicity and other sociodemographic factors, due to limitations in the COVID-19 vaccination data reported to CDC by state and local jurisdictions. The NIS also provides key data on the implementation of COVID-19 vaccination in children, particularly the youngest group (ages 6 months – 4 years) for whom vaccine uptake has been slow. Weekly updates to inform the nation and policymakers on progress in COVID-19 vaccination nationally and by state are published in CDC’s COVIDVaxView product. A delay in data collection for COVID-19 under the NIS would mean a halt to the flow of this critical information. Our national and state policymakers would lose key insights into COVID-19 vaccination coverage, data which is used to guide policy towards the disease and vaccination to reduce morbidity and mortality from COVID-19.

All of these aforementioned efforts, which result from the uninterrupted performance of the NIS surveys, would be devastated if the data collection cycles are delayed. Indeed, the data collection efforts for the NIS are conducted on fixed schedules in order to (as detailed above) provide time-sensitive, critical immunization coverage data that are comparable over time. The NIS data have a number of critical applications that directly impact the health, welfare, and safety of the American public. If these efforts are delayed it would result in injury to Government through the loss of critical data which could have negative effects on the American populace including, as described above, insufficient supply of VFC vaccine for the Nation’s most vulnerable children in some states and the loss of insights to guide policy towards COVID-19 vaccination to reduce morbidity and mortality.

Given the prospect of serious injury to the Government and the American public in the event the 2023 NIS data collection is delayed, the agency is unable to conduct even a limited competition for the bridge work due to the timeframe within which the bridge work needs to be put into place. The agency’s rationale for sole sourcing this requirement to the incumbent is based upon the following reasons:

First, only NORC has the capabilities to perform the bridge work in the time period required, namely with a performance start date of April 1, 2023, for data collection beginning with the second quarter of the 2023 calendar year data collection cycle. Only NORC has the configured information technology (IT) resources; the large number (several hundred) of trained, in-place staff; institutional review board (IRB) approval for the protection of human subjects; developed project forms and operating procedures; CDC-tested survey instruments; a field-tested, ready-to-be-deployed computer-assisted telephone interviewing (CATI) system; and data use agreements with immunization information systems, a requirement to conduct one of the tasks under the NIS-Child survey. No other entity is capable of scaling up in time to conduct data collection starting on or about April 1, 2023. The incumbent normally requires a two-month preparation period before data collection starts but is able to waive this requirement as it is already collecting data for the first quarter. A new contractor would require this two-month preparation period, in addition to a transition-in period of some length. There is insufficient time for either a transition-in period or the two-month preparation period prior to the start of data collection on or about April 1, 2023.

Second, there is insufficient time to solicit, evaluate, and award a competitive contract for these services. Following dismissal of the protest by the U.S. Government Accountability Office, the Government only has approximately six weeks to place this bridge work, which is insufficient time to develop an RFP, solicit offerors, evaluate offers, and make an award. The ongoing protest of the agency’s competitive award has created an unusual and compelling urgency that precludes full and open competition for the agency’s immediate and minimum need.

The agency’s minimum need extends through data collection in the fourth quarter of the 2023 calendar year data collection cycle.

This provides the agency the time required to complete a new competitive award and receive, and successfully resolve, any future protest prior to the start of performance under the new contract. The agency resolicited the procurement on February 22, 2023, and anticipates making a new award on or about May 5, 2023. Extending the bridge through data collection in the fourth quarter of the 2023 calendar year data collection cycle provides the time needed to enter into another contract for the NIS using competitive procedures.

Additionally, it is not feasible to split this requirement in any manner. Simultaneous performance by two contractors is not feasible because the various survey modules that makeup the NIS (e.g., NIS-Child, NIS-Teen, NIS-Child Influenza Module, NIS-Child COVID Module, NIS-Adult COVID Module) are so integrally related that only a single source can reasonably perform the work.

NORC is the only entity currently positioned to conduct this work, as a new contractor would be required to configure its information technology (IT) resources; train and potentially hire a large number (several hundred) of staff; obtain institutional review board (IRB) approval; develop project forms and operating procedures; develop survey instruments, which would then need to be tested by CDC; configure and conduct a field-test of a computer-assisted telephone interviewing (CATI) system; and obtain data use agreements with immunization information systems. Because this bridge work will be awarded using a cost-plus-fixed-fee contract type, the Government will be liable for the payment of all allowable, allocable, and reasonable costs incurred by the contractor. If a new contractor were selected for the fourth quarter bridge work, these costs would necessarily include, but are not limited to, the cost items identified in this paragraph. These additional costs are not justified for only three months of data collection and would create significant inefficiencies. For this reason, it is not feasible to split up the requirement sequentially by conducting a competition and potentially have a non-incumbent perform data collection in the fourth quarter of the 2023 calendar year data collection cycle (following NORC’s performance of data collection in the second and third quarters).

Because (1) a delay in the award of a contract to perform the NIS in the 2023 data collection cycle would result in serious injury to the Government and have a potentially negative impact on the health, safety and welfare of the American public; (2) NORC is the only contractor capable of performing the bridge work in the time required; (3) there is insufficient time to solicit, evaluate, and award a competitive contract; (4) the agency’s minimum need necessarily extends through the fourth quarter of data collection for the 2023 calendar year data collection cycle; and (5) the bridge work cannot be split between two or more contractors, either simultaneously or sequentially, there is only one practicable, potential source for this bridge work: the incumbent, NORC.

The period of performance for each of these contracts will not exceed one year in performance.

FAR 6.302-5: Authorized or Required by Statute, 41 U.S.C. 3304(a)(5) Provide a citation to the statutory authorization and a brief description of its content, or identify the specified source or other agency.

Other (See FAR Subpart 6.3 for additional authority) Provide the authority and citation to the applicable section of FAR 6.3.

Provide a full explanation to justify use of the exception.

5. Agency Actions to Take or Remove Barriers That Led to Other Than Full and Open Competition (If applicable):

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

Concurrent to the solicitation and award of these bridge contracts, the agency is soliciting the procurement.

6. Bridge Contracts:

For contract extensions or bridge contracts when a competitive follow-on is in the process of being developed, summarize history of current contract and explain the reasons for any delays in the acquisition. Include discussion of the milestones for the follow-on action; the milestones should be as efficient as possible. Discuss why it would be neither cost effective nor realistic to expect another contractor to perform during the brief interim period; include issues such as start-up costs, phase-in, transfer of GFP, recruitment and staffing, etc. If the action is because of a protest, provide a brief discussion of the protest including the date the protest was filed and the basis of the protest. Explain that the action will provide the minimum quantity or performance period.

On March 7, 2022, CDC solicited request for proposals (RFP) no. 75D30122R72148, “National Immunization Survey (NIS) 2022-2028,” under full and open competition for conduct of the NIS during the 2023-2027 NIS data collection cycles. CDC awarded contract no.

75D30122D14800 on August 23, 2022. This award was protested on September 6, 2022, with a supplemental protest filed on September 9, 2022. The GAO dismissed this protest on September 27, 2022, following the agency’s notification to the GAO that it would take corrective action. The agency resolicited on October 13, 2022.

On November 1, 2022, the agency awarded bridge task orders to NORC under NORC’s incumbent indefinite-delivery, indefinite-quantity (IDIQ) contract, contract no. HHSD200201896379I, for the performance of NIS data collection covering the first quarter of the 2023 calendar year data collection cycle. NORC’s incumbent contract is a single-award IDIQ. To accommodate the value of the bridge task orders, a non-competitive increase in the maximum ordering quantity of NORC’s incumbent contract was required. This increase was made through a modification (Modification 6) to NORC’s incumbent contract on October 27, 2022. This increase was made under the authority of Federal Acquisition Regulation (FAR) section 6.302-2, Unusual and compelling urgency. A Justification & Approval (J&A) supporting this action was approved at the required level on October 13, 2022, and posted to SAM.gov on November 22, 2022, in accordance with FAR section 6.305(b).

On January 3, 2023, CDC awarded contract no. 75D30123D15854 for the conduct of the NIS beginning with the second quarter of the 2023 calendar year data collection cycle. The award was protested on January 13, 2023. The protest alleged that CDC conducted an improper cost realism analysis, made an error in the technical evaluation, treated offerors unequally, and conducted a flawed best value tradeoff decision.

GAO dismissed this protest on February 9, 2023, following the agency’s notification to the GAO that it would take corrective action.

The agency resolicited on February 22, 2023. Data collection under the resolicited procurement is to begin with the first quarter of the 2024 calendar year data collection cycle. Proposals are due March 17, 2023. The agency will evaluate proposals and make a new award decision on or about May 5, 2023.

For the reasons discussed above, a delay in the award of a contract to perform the NIS in the 2023 data collection cycle would (1) result in serious injury to the Government and have a potentially negative impact on the health, safety and welfare of the American public; (2) NORC is the only contractor capable of performing the bridge work in the time required; (3) there is insufficient time to solicit, evaluate, and award a competitive contract; (4) the agency’s minimum need necessarily extends through the fourth quarter data collection for the 2023 calendar year data collection cycle; and (5) the bridge work cannot be split between two or more contractors, either simultaneously or sequentially. The bridge work will only provide for the agency’s immediate and minimum need such that the agency has time to enter into another contract for the NIS using competitive procedures.

7. Actions to Increase Competition:

Describe efforts made to compete the action, including whether a notice was or will be publicized as required by FAR Subpart

5.2 or which exception under FAR 5.202 applies. If a notice was publicized, discuss the number of written responses to the synopsis and the results of the assessment of the written responses. List sources, if any, that expressed, in writing, an interest in the acquisition. Provide rationale if interested sources were rejected. If applicable, state that no other sources have expressed interest, but all offers received shall be considered. Describe what actions will be taken to increase competition before subsequent acquisition of the supplies or services is required. You may state that an action is a one-time requirement, but if a similar requirement arises, every effort will be made to compete it to the maximum extent possible. If action is sole source because of proprietary data or licensing rights and there will be a continuing need for the requirement, there must be evidence that advanced planning has been initiated to overcome the barriers to competition, or there should be documentation to support an analysis that replacement costs/licensing purchase costs outweigh the benefits of competition.

If the action is a contract extension or bridge, explain actions to compete the follow-on. If action is an urgent new requirement and a competitive follow-on is anticipated, explain that efforts are underway to facilitate a full and open competition.

A notice of these proposed contract actions will not be publicized, under the exception provided for in FAR 5.202(a)(2) for proposed contract actions made under the conditions described in FAR 6.302-2. The agency would be seriously injured if it complied with the requirement under FAR 5.203(a) to publish the notice at least 15 days before soliciting and negotiating with only one source. Those 15 days would severely impair the agency’s ability to put into place this bridge work before performance must begin on April 1, 2023.

To date, no other sources have expressed an interest in this bridge work. Any non-incumbent would be unsuitable for this bridge work, however. Before beginning data collection, a non-incumbent would be required to configure its information technology (IT) resources for the NIS; train and potentially hire a large number (several hundred) of staff; obtain institutional review board (IRB) approval; develop project forms and operating procedures; develop survey instruments, which would then need to be tested by CDC; configure and conduct a field-test of a computer-assisted telephone interviewing (CATI) system; and obtain data use agreements with immunization information systems. There is insufficient time to perform these activities before data collection begins on or about April 1, 2023.

As described in section 6 above, the agency is re-soliciting the follow-on requirement to offerors remaining in the competition.

8. Market Research:

Describe the extent of the market research conducted to identify all qualified sources and the results thereof. “Market Research” is defined as those attempts you made to ascertain whether other qualified sources exist, and can include contact with knowledgeable experts regarding similar or duplicate requirements, contact with industry, results of a sources sought synopsis, or draft solicitations. Research of the marketplace may consist of written, electronic (i.e. email) telephonic, or world wide web inquiries. Lack of advanced planning is not an acceptable reason for the lack of market research, but true urgency may necessitate abbreviated market research that is limited to readily available historical and commercial information. If action is a contract extension or bridge contract, describe the market research efforts underway or completed for the follow-

on. See FAR 10.002(b)(2).

Given the short time to award this bridge work, market research was limited to only the offerors who submitted a proposal for the NIS in response to RFP no. 75D30122R72148. For the reasons described above, the Government determined that NORC is the only one practicable, potential source for the bridge work.

9. Procurement History:

Purchase order or contract number: HHSD200201896379I

Was action competed? Yes No

If action was not competed, state the cited authority, summarize rationale, and describe the actions that were supposed to be taken to increase competition and the results thereof:

10. Additional Information to support the justification:

If applicable, explain why technical packages or specifications to facilitate competition were not developed or available;

describe actions taken to remedy the situation.

N/A

11. Technical / Requirements Certification: By my signature below, I certify that the supporting data included in this J&A is accurate and complete.

Program Manager

Name: Laurie Elam-Evans, PhD

Position Title: NIS Team Lead/Health Scientist

Email address: lxe1@cdc.gov

Phone: 404.718.4838

Program Manager Supervisor (or one level above Program Manager)

Name: James Singleton, PhD

Position Title: Chief, Assessment Branch, Immunization Services Division, National Center for Immunization and Respiratory

Email address: xzs8@cdc.gov

Signature:

Date: Apr 3, 2023

12. Fair and Reasonable Price/Cost Determination: As Contracting Officer, by my signature below, I hereby determine that the anticipated price/cost to the Government for this contract action will be fair and reasonable.

Provide the basis for this determination, e.g., describe techniques to be used to determine fair and reasonable price (FAR Subpart 15.402), such as price analysis, cost analysis, cost realism. Per FAR Subpart 15.403-4(a)(1), the threshold for obtaining cost or pricing data is $750,000.

These contracts are anticipated to exceed the threshold for certified cost or pricing data. Cost analysis will be used to evaluate the reasonableness of individual cost elements, and price analysis will be used to verify that the overall price offered is fair and reasonable.

A cost realism analysis will be performed to determine what the Government should realistically expect to pay for the proposed effort, the offeror's understanding of the work, and the offeror's ability to perform the contract. The Government has extensive historical performance data to leverage for price, cost, and cost realism analysis. This contract will only be awarded if the price/cost proposed is determined to be fair and reasonable.

Name: Pellumbeshe Hoxhaj Phone: 770-488-2805

Signature: Date:

13. 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 availability of funds, and provided that the services and supplies herin describe have otherwise been authorized for acquisition.

Name: Phone:

Signature: Date:

14. 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.

15. 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 other than full and open competition.

Name: Phone:

Signature: Date:

16. Office of Small and Disadvantaged Business Utilization:

I have reviewed this justification and find that it adequately supports other than full and open competition.

Name: Gwendolyn S. Miles Phone: 770-488-3042

Signature: Date:

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

Name: Nancy M. Norton Phone: 404-498-2685

Signature: Date:

18. Department Competition Advocate:

Concur: Non-Concur:

Name: Phone:

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

19. HHS Senior Procurement Executive (SPE) Approval:

Based on the foregoing justification, I hereby approve other than full and open competition 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:

The National Immunization Surveys (NIS) are a group of telephone surveys sponsored and conducted by the Centers for Disease Control and Prevention (CDC), National Center for Immunization and Respiratory Diseases (NCIRD). The NIS provides current, population-based, state and local area estimates of vaccination coverage among children, teens, and adults using a standard survey methodology. These surveys include the NIS-Child, NIS-Teen, and NIS-Flu surveys. The NIS also includes additional vaccination-related survey modules, as needed, and evaluation projects to improve the efficiency, quality, and validity of the NIS.

In order to provide critical immunization coverage data and produce estimates that are comparable over time, the NIS surveys are conducted on fixed schedules in quarterly increments.

The contracts that are the subject of this Justification and Approval (J&A) will cover data collection in the second, third, and fourth quarters of the 2023 calendar year data collection cycle while a new award of a competitive contract is completed.

This class J&A concerns the following four contracts:

1. The NIS-Child survey for the second, third, and fourth quarters of the 2023 calendar year data collection cycle.

2. The NIS-Teen survey for the second, third, and fourth quarters of the 2023 calendar year data collection cycle.

3. The NIS-Flu survey for the second, third, and fourth quarters of the 2023 calendar year data collection cycle. This will include the final quarter of data collection for the NIS-Child Influenza Module for the 2022-2023 influenza season (the second quarter of calendar year 2023). This will also include the NIS-Child COVID Module and the NIS-Adult COVID Module for the second, third, and fourth quarters of the 2023 calendar year data collection cycle.

4. The NIS-Child Influenza Module for the fourth quarter of the 2023 calendar year, which is the first quarter of the 2023-2024 influenza season.

Collectively, the four contracts described above will be referred to hereafter as the “bridge work.”

The period of performance for this bridge work is April 1, 2023, through March 31, 2024. There will be no options for additional periods of performance beyond the one year.

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

Name: Phone:

Template for Justification and Approval for Other Than Full and Open Competition Completion Instructions: The Department of Health and Human Services (HHS) has established a standard template for the preparation of a J&A for Other Than Full and Open Competition. If this is an 8(a) set-aside, please note this form is not required unless the acquisition is valued (including all options) at greater than $22 million. This template is NOT applicable for actions using simplified acquisition procedures (FAR Part 13), Federal Supply Schedule orders (FAR 8.4) or task or delivery orders subject to fair opportunity (FAR 16.505).

Tailor all aspects of this template to the individual acquisition. Consult FAR Subpart 6.3 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.

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION

2. Description of Action:

Nature:

Pricing:

Funds:

3. Description of Services or Supplies:

Basis for Approval (FAR 6.303-1(d)):

As applicable, briefly describe the services or supplies required to meet the agency's needs, including make & model number where appropriate. Include quantities of supplies or period of performance for services. Provide information for any options included. If the action is a modification to an existing contract, distinguish clearly between the work covered by the original contract and the work to be obtained by the proposed modification.

4. Authority and Rationale: Identify the statutory authority, FAR title and FAR citation permitting other than full and open competition. It may be one of the following most commonly used citations by the operating divisions of the Department of Health and Human Services (HHS), but other exceptions may apply per FAR Subpart 6.3.

Actions other than simplified acquisition procedures (select only one and provide an explanation):

Explain why the intended contractor is the only responsible source who can provide the required supplies or services. Discuss the unique capabilities, expertise, etc. that support the lack of competition/why no other type of supplies or services will satisfy agency requirements. Explain factors/unique qualifications such as proprietary data or exclusive licensing rights, if applicable. When competition is limited to items particular 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. If in connection with a follow-on contract for continued development or production of highly specialized equipment, detail the substantial duplication of cost or unacceptable delays. May not Exceed one year, including all options, unless the head of the agency (Secretary of HHS) determines that exceptional circumstances apply.

If unusual and compelling urgency is the basis for the justification, explain the chronological events leading up to the requirement and explain why time constraints cannot permit even a limited competition. Describe the detrimental effects/serious injury to the mission of the requiring activity or to the government, financial or otherwise, that will result if this justification is not approved. Describe impact of required delivery/performance date. Describe the detrimental effects/serious injury to the mission of the requiring activity or to the government, financial or otherwise, that will result if this justification is not approved and the product or service cannot be provided by the intended sole source contractor. Failure to plan for expiring funds is not a valid reason for citing this exception. May not exceed one year, including all options, unless the head of the agency determines that exceptional circumstances apply.

Provide a citation to the statutory authorization and a brief description of its content, or identify the specified source or other agency.

Provide the authority and citation to the applicable section of FAR 6.3.

Provide a full explanation to justify use of the exception.

5. Agency Actions to Take or Remove Barriers That Led to Other Than Full and Open Competition (If applicable):

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

6. Bridge Contracts:

For contract extensions or bridge contracts when a competitive follow-on is in the process of being developed, summarize history of current contract and explain the reasons for any delays in the acquisition. Include discussion of the milestones for the follow-on action; the milestones should be as efficient as possible. Discuss why it would be neither cost effective nor realistic to expect another contractor to perform during the brief interim period; include issues such as start-up costs, phase-in, transfer of GFP, recruitment and staffing, etc. If the action is because of a protest, provide a brief discussion of the protest including the date the protest was filed and the basis of the protest. Explain that the action will provide the minimum quantity or performance period.

7. Actions to Increase Competition:

Describe efforts made to compete the action, including whether a notice was or will be publicized as required by FAR Subpart 5.2 or which exception under FAR 5.202 applies. If a notice was publicized, discuss the number of written responses to the synopsis and the results of the assessment of the written responses. List sources, if any, that expressed, in writing, an interest in the acquisition. Provide rationale if interested sources were rejected. If applicable, state that no other sources have expressed interest, but all offers received shall be considered. Describe what actions will be taken to increase competition before subsequent acquisition of the supplies or services is required. You may state that an action is a one-time requirement, but if a similar requirement arises, every effort will be made to compete it to the maximum extent possible. If action is sole source because of proprietary data or licensing rights and there will be a continuing need for the requirement, there must be evidence that advanced planning has been initiated to overcome the barriers to competition, or there should be documentation to support an analysis that replacement costs/licensing purchase costs outweigh the benefits of competition. If the action is a contract extension or bridge, explain actions to compete the follow-on. If action is an urgent new requirement and a competitive follow-on is anticipated, explain that efforts are underway to facilitate a full and open competition.

8. Market Research:

Describe the extent of the market research conducted to identify all qualified sources and the results thereof. “Market Research” is defined as those attempts you made to ascertain whether other qualified sources exist, and can include contact with knowledgeable experts regarding similar or duplicate requirements, contact with industry, results of a sources sought synopsis, or draft solicitations. Research of the marketplace may consist of written, electronic (i.e. email) telephonic, or world wide web inquiries. Lack of advanced planning is not an acceptable reason for the lack of market research, but true urgency may necessitate abbreviated market research that is limited to readily available historical and commercial information. If action is a contract extension or bridge contract, describe the market research efforts underway or completed for the follow-on. See FAR 10.002(b)(2).

9. Procurement History:

Was action competed?

If action was not competed, state the cited authority, summarize rationale, and describe the actions that were supposed to be taken to increase competition and the results thereof:

10. Additional Information to support the justification:

If applicable, explain why technical packages or specifications to facilitate competition were not developed or available; describe actions taken to remedy the situation.

11. Technical / Requirements Certification: By my signature below, I certify that the supporting data included in this J&A 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:

12. Fair and Reasonable Price/Cost Determination: As Contracting Officer, by my signature below, I hereby determine that the anticipated price/cost to the Government for this contract action will be fair and reasonable.

Provide the basis for this determination, e.g., describe techniques to be used to determine fair and reasonable price (FAR Subpart 15.402), such as price analysis, cost analysis, cost realism. Per FAR Subpart 15.403-4(a)(1), the threshold for obtaining cost or pricing data is $750,000.

Name:

Phone:

Signature:

Date:

13. 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 availability of funds, and provided that the services and supplies herin describe have otherwise been authorized for acquisition.

Name:

Phone:

Signature:

Date:

14. 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.

15. 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 other than full and open competition.

Name:

Phone:

Signature:

Date:

16. Office of Small and Disadvantaged Business Utilization:

I have reviewed this justification and find that it adequately supports other than full and open competition.

Name:

Phone:

Signature:

Date:

17. 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:

18. 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.)

19. HHS Senior Procurement Executive (SPE) Approval:

Based on the foregoing justification, I hereby approve other than full and open competition 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 - Other Than Full and Open Competition Health and Human Services Justification & Approval - Other Than Full and Open Competition

In order to provide critical immunization coverage data and produce estimates that are comparable over time, the NIS surveys are conducted on fixed schedules in quarterly increments.

The contracts that are the subject of this Justification and Approval (J&A) will cover data collection in the second, third, and fourth quarters of the 2023 calendar year data collection cycle while a new award of a…