EPEP_2014_-_JOFOC_Draft.pdf

Attachment C

HHS Template and Instructions for a Justification for Other than Full and Open Competition

Completion Instructions: HHS has established a standard template for preparation of a Justification for Other than Full and Open Competition (JOFOC) for non-Federal Supply Schedule acquisitions exceeding the simplified acquisition threshold. Operating Divisions (OPDIVs) shall prepare the template in accordance with these completion instructions. (NOTE: The Project Officer (PO) has responsibility for completing all of the information items included in the template, with any necessary assistance from the cognizant Contracting Officer (CO) and Contract Specialist (CS) -- especially for items 3.(b), 4., 6., 7., 8. and 10. listed below.

The instructions for preparing a JOFOC are specified in “red” and should be deleted prior to processing the document for review and approval. Also, do not include the completion instructions in the completed document.

A completed JOFOC must contain all of the applicable bolded headings in the order specified. Place the required information directly next to, or under, the applicable heading. If a heading does not apply to a specific JOFOC, indicate “not applicable” (N/A) next to it. Reference and attach any additional information necessary to support the JOFOC.

Justification for Other than Full and Open Competition

“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. ASPR

b. Sponsoring organization. Office of Emergency Operations

c. Project Officer information.

• Project Officer name: Ronnetta Fuller

• Mailing address.: 330 Independence Ave, SW

Washington, DC 20201

• E-mail address: Ronnetta.fuller@hhs.gov

• Telephone number.: 202-205-9739

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

a. Acquisition purpose and objectives.

To provide claims adjudication and reimbursement to American populace affected by Public Health Emergency conditions when the EPAP program is activated.

b. Project background.

As a byproduct of our experience with Hurricane Katrina, the federal government established the Emergency Prescription Assistance Program (EPAP) to fully leverage private sector resources for efficient prescription drug, specific medical supplies and DME distribution. The EPAP will provide access to necessary prescription drugs, specific medical supplies, and limited durable medical equipment (DME) for individuals who were affected by a major disaster or emergency and have a need for drug, medical supply, or DME coverage (including co-payments as a separate optional requirement for those underinsured) at any pharmacy in the nation or U.S. territories. Additionally, the EPAP will facilitate communications between government and private industry to identify and address any potential pharmaceutical and medical supply needs during the initial disaster response. Please see SOW for more inormation

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

a. Project title. EPAP Claims Adjudication and Reimbursement

b. Project description. Please see attached “Statement of Work”

• Requirement type. :

Research & development (R&D) R & D support services 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 Follow-on Other (specify): ______________________

• Proposed contract/order type.

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): Requirements with FFP task orders Other (specify): ___________ Completion Form Term form

• Acquisition identification number. N/A

c. Total estimated dollar value and performance/delivery period.

Requirements contract with $1M Task Order Ceiling. Not To Exceed value of $6M for total contract period (12 months with all options)

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

This acquisition is conducted under the authority of 41 United States Code (U.S.C.) 253(c)(1) as set forth in Federal Acquisition Regulation (FAR) 6.302- 1.

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).

Xerox Federal Solutions, 8260 Willow Oak Corporate Drive, Fairfax, VA 22031

b. Nature of the acquisition and proposed unique qualifications of the contractor(s).

The intended recipient of this award is the vendor currently providing the service. The existing contract has expired and the solicitation posted to provide a new contract vehicle for this service did not receive any proposals. Revisions to the solicitation are required to ensure market viability and competition, however the time needed for this undertaking will result in the expiration of the current contract. Since the service is needed, a follow-on contract with the incumbent was required for service to continue.

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.

An RFP was posted on FBO.gov in August of 2013 and received no proposals. The draft RFP was also posted in November 2013 to get market feedback on the failed solicitation in order to ensure that any future solicitations were composed in a way that would engender the greatest level of competition. The information gathered has resulted in a rigorous change to the requirements.

The incumbent contractor has agreed to continue the existing service for a period of up to 12 months to allow ASPR to revise the previous solicitation in a way that will align the needs of ASPR with the capabilities of the existing market.

Links to the previous postings on FBO.gov are included below.

RFP – Posted June 2013 / revised August 2103 https://www.fbo.gov/spg/HHS/OOS/OASPHEP/13-100-SOL- 00016/listing.html

Special Notice – Market research – Nov 2013 https://www.fbo.gov/spg/HHS/OOS/OASPHEP/EPAP_DRAFT_2014/listing.

html

7. Determination by the Contracting Officer that the anticipated cost/price to the Government will be fair and reasonable:

The costs of this contract are based on the previous contract (ending 06/18/2014) from the same vendor. This cost was deemed reasonable for the award of the current contract and, as such, is deemed reasonable for the follow-on contract.

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.

Previous RFP posted with no market response.

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

9. Listing of sources, if any, that expressed, in writing, an interest in the acquisition.

No sources, including the incumbent, responded to the solicitation. At this point, the evidence is that there are no sources that are willing to provide https://www.fbo.gov/spg/HHS/OOS/OASPHEP/13-100-SOL-00016/listing.html https://www.fbo.gov/spg/HHS/OOS/OASPHEP/13-100-SOL-00016/listing.html https://www.fbo.gov/spg/HHS/OOS/OASPHEP/EPAP_DRAFT_2014/listing.html https://www.fbo.gov/spg/HHS/OOS/OASPHEP/EPAP_DRAFT_2014/listing.html the service as stated in the solicitation. The intent is to award a contract for six month with six one month options to be exercised as necessary.to the incumbent to give us time to issue a new solicitation.

10. 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.

This action is being taken to provide time in which the HHS/ASPR/OEM can redefine the requirement in a way that will engender a greater level of market competition. The service provided by the incumbent and the intended recipient of this sole source is a necessary function to provide for pharmaceutical distribution the American public during an emergency situation and a gap in service could have a negative impact in the Department of Health and Human Service’s response efforts. With this follow-on contract, HHS/ASPR/OEM will have time to review and revise the failed solicitation and make the necessary changes to encourage a greater market response.

12. Program office certification.

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

Project Officer’s

Immediate Supervisor

Head of the Sponsoring

Program Office

13. Contracting Officer certification.

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.

Official Name & Title Signature Date

Contracting Officer

Bridget Gauer, Division Chief, AMCG

14. Chief of the Contracting Office and Head of the Contracting Activity signature(s).

Official Name & Title Signature Date

Chief of the Contracting

Office

Schuyler Eldridge, Deputy Director, AMCG

Head of the Contracting

Activity

Jess Scarbrough, Director, AMCG

15. Competition Advocate signature.

16. HHS Senior Procurement Executive signature.

HHS Senior Procurement

Executive

Competition Advocate

Cassandra Freeman, Division Director, AMCG