Redacted_J&A.pdf

JUSTIFICATION AND APPROVAL (J&A) FOR OTHER

THAN FULL AND OPEN COMPETITION

FAR Part 6.3

September 18,2019

Identification of the agency and the contracting activity:

TheDepartment of Stale Office of Acquisition Management is conducting this acquisition of other than full and open competition for extending Post's Health and Life Insurance contract on .eha~f US«:Kings/on. The total estimated cost is US~r JMD

Nature and/or description of the action being approved.

Pas/ has been actively working with HRIOE since October 20}7 on drafting the health and life insurance requirement; but the process has been slow partly due to the new Global Medical Coverage benefit package that HRIOE was developing, and subsequent delays in authorization to solicit.

Post requested that the current Health and Life Insurance contract with Guardian Life, S- WHARC-15-C-0003 (base plus two one-year options), which expired May 31, 2018 and was extended with modification P00003 using the FAR clause 52.217-8 Option to Extend Services thus extending the period of performance from 1June 20181hrough 30 Nov 2018,.

HRiOE was still developing the Global Medical Coverage benefit package and the six-month extension was not long enough to cover the employees. A one-year bridge was requested P0004 was issued to extend the period of performance from December 1, 2018 through 30 November 20)9.

Post is still actively working with HR/OE drajiing the health and life insurance requirement and is requesting the second once year bridge to extend the period ofperformance from December I, 2019 through 30 November 2020.

Post will drafi the purchase request package for a nel-Vcontract upon receipt oj approval from HRiOE.

A description of the supplies or services required to meet the Department's needs.

The requirement is to provide health and life insurance services at US Embassy Kingston at an annual total cost oJUS _ or .IMD This will allow the Embassy to provide the required annual health services to its locally employed staff.

An identification of the statutory authority permitting other than full and open competition. This acquisition is conducted under the authority of 41 U.s.e. 3304, as implemented by FAR 6.3 and substantiated by the/allowing:

13 FAR 6302-1 - Only one responsible source and no other supplies or services will satisfy agency requirements. In order to ensure continuation of (he said Health. and Life contract, Guardian Life, Unclassified no other vendor can provide the required services within the stated timeline of 75 days 0 r by the expiration date of November 30, 2019.

A demonstration that the proposed contractor's unique qualifications or the nature of the action require use of the authority cited. Guardian Life is uniquely qualified to provide these services to US Embassy Kingston based upon the following:

Guardian Life has successfally supplied health and life insurance to post for the past 4 years and have the infrastructure to continue for this extension Ar{di/ionally, .tJ-'e 10 the expiration of the eXiaflsion on 30 November 2019 there is not enough time"to .~ob'Citlind award a competitive contract with another health and lift insurance provider.•

6. A description of efforts to ensure that offers were solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies.

Post has not solicited 'for a new service provider because it has been awaiting the development of the Global Medical Coverage program by HRJOE and subsequent authorization ofbenefits permitted in the solicitation.

7. A determination by the ordering activity Contracting Officer that the anticipated cost to the Government is fair and reasonable.

The Contracting Office determines that the anticipated price (s) will be fair and reasonable based on previous history. By signing thejustification, the Contracting Officer makes a determination that the cost/price to the Government are expected to befair and reasonable.

8. A description of the market survey conducted (see Part 10) and the results or a statement of the reasons a market survey was not conducted.

Market survey has not been accomplished yet, because post lias been awaiting approval of the new medical program by BRlOE as well asOre authorization/or benefit» permiuedin the solicitation.

9. Any other facts supporting the use of this justification.

Post will solicit a new contract according to HRiDE authorizations as expeditiously as possible; nonetheless, in order to accomplish this under full and open competition and to avoid a lapse in coverage, an extension is required.

6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements.

(a)Authority.

(1) Citations: 10 U.s.C 2304(c)(J) or 41 U.S.c. 3304(a)(1).

(2) When the supplies or services required by the agency are available from only one responsible source, or.for DoD, NASA, and the Coast Guard.from only one or a limited number of responsible sources; and no other type qf supplies or services will satisfy agency requirements.full and open competition need not be providedfor. ii) Supplies may be deemed to be available only from the original source in tile case of afollow-on contract/or the continued development or production of a major system or highly specialized equipment, including major components thereof whenit is likely thai award to any other source would result in-

W Substantial duplication of cost to the Government that is not expected to be recovered through competition; or

(B) Unacceptable delays in fulfilling the agency's requirements. (See 10 US.c.

2104(d)(1)(B) or 41 U.S.c. 3304(b)(2).)

-The Embassy's Health & life Insurance plan affects more than 200 individuals at an annual cost oj nearly $ & • J. Health care in Jamaica is a major factor in employment desirability and the availability oj quality insurance is closely linked to the high caliber of personnel we employ -they are vital to our mission. This funherjustifies the dependency of our employees and their families on this significant coverage. In order to ensure that our local colleagues and their families are not adversely impacted by a lapse in coverage an extension (bridge) of one year is vital.

10. A listing of any sources that expressed a written interest in the acquisition.

None.

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services req uired, Post will identify its requirements as expeditiously as possible and push for approval 10 solicit to enable a competitive solicitation for new contract subsequent to this one-year bridge. Unfortunately, HRIOE did not provide Post with authorization in sufficient time to allow full and open competition prior to the end of the current contract; thus, Post is submitting this purchase request package forfuifillment prior to the November 30, 2019 deadline.

Embassy Kingston's Acquisition timcline leading up to the six-month Bridge proposal:

June 15;2015 - The original contract was awarded with one base year, and two option years, which equals a total ofthree years, and a contract expiration date of May 31, 2018.

October 2017 - A six-month extension was requested by BRIOE because of expected revisions or overhaul of Lli Staff Medical program by Washington.

November 2017 - RPSO received and processed extension as contract terms permitted a six-month extension from June 1 - November 30, 2018.

June 2018 - AJLMlA QM granted post a six-month contract extension for from June 1, 2018 to November 30, 2018.

November 2018 - a draft solicitation was sent from post HR to HRiOE concerning the draft; however, Post did not receive authorization to solicit and therefore AQMfacilitated a one-year bridge to continue coverage.

September 2019 - Having not received HRiOE authorization regarding benefit levels for a new solicitation, Post determined that insufficient time remained to undertake foil and open competition prior to the contract expiration. Post reached out to AQM requesting a one-year Bridge Contract extension from December 1,2019 to November 30,2020.

CERTIFICATIONS

TECHNICAL AND REQUIREMENTS CERTIFICATION (FAR 6.303-2(b» I certify that this justification is accurate and contains complete data necessary to support the recommendation for other than full and open competition.

9/1812019 Contracting Officer Embassy Kingston

LEGAL SUFFICIENCY REVIEW (Ref: PIB NO. 2010-24); AQM QA Plan This J&A is hereby determined to be legally sufficient.

Date 09-20-2019 Assistant Legal Adviser Office of the Legal Adviser, Buildings and Acquisitions (UBA)

COTRACTING OFFICER CERTIFICATION (FAR 6.303-2(a)(12»

J certify that this submission is accurate to the best of my knowledge, and that it con tains complete informatien necessary to enable other officials to make an informed recommendation for approval or disapproval.

SIGNATURE:

09/20/2019

Date Contracting Specialist Office of Acquisition Management (AfOPE) AQMIINL)

APPROVALS

SIGNATURE:

09-20-2019

Date Branch Chief Office of Acquisition Management (AlOPE/AQMJINL)

SIGNATIJRE:

9/20119

•••• Date Division Director Office of Acquisition Management (A/OPE/AQMlWW)

DEPARTMENT COMPETITION ADVOCATE REVIEW AND CONCURRENCE

SIGNA1URE:

Digitally signed by Vincent J Sanchez Date: 2019.09.2310:47:59 -04'00'

Date Departmental Competition Advocate Office of the Procurement Executive