Statistical Support_ LSJ-NIEHS_Redacted.pdf

This sole source contracting action is pursuing a waiver from placing an order on a competitive basis pursuant to FAR 8.405-2 based on the application of FAR 8.405-6(a)(1)(i)(A), which states, “An urgent and compelling need exists and following the procedures would result in unacceptable delays.” This short-term time and materials (T&M) task order will provide the necessary continuity of operations while award of the successor contract is completed and transitioned between the incumbent and the successor.

b. Project background.

In 1981, the Environmental Toxicology Program of the National Institute of Environmental Health Sciences (NIEHS) initiated a contract to provide statistical support to investigators at the NIEHS. Over the years, the scope of work for the requirement has evolved to include additional data analysis methods such as mathematical modeling and computational support. The purpose of the current contract is to provide statistical analysis, mathematical modeling and computational support to researchers at NIEHS in support of environmental health science and toxicology. Contractor staff support NIEHS personnel and other contractors to collect large amounts of data, analyze underlying trends using standard statistical analysis methods, and report that data back to NIEHS scientists for further use in their scientific work. The contract does not create or develop new knowledge/information, but rather is processing and reporting data generated elsewhere. The efforts described herein represent a bona fide need for continued statistical support services to researchers within the Division of the National Toxicology Program (DNTP) and the Division of Intramural Research (DIR) at NIEHS.

Past contractors for this requirement were Analytical Sciences, Inc., and Constella Group (later acquired by Systems Research and Applications Corporation-- renamed as SRA International, Inc.) Past awards consisted of a one-year base with 4 one-year option periods. Task orders were awarded using GSA Federal Schedule contracts and, in general, remained under GSA as a commercially available service even as the schedule evolved from the GSA MOBIS schedule to the Professional Services Schedule under the newly consolidated Multiple Award Schedules. Previous awards were also made under GSA for this requirement: GS-23F 9806H / HHSN273201000086U and GS-00F- 256CA / HHSN273201500077U. The total dollar value of the requirement has increased over time from an estimated $8 million to as high as $15.7 million. The current contract is a 5-year T&M type contract awarded on April 24, 2016 using full and open competition on the open market to Social and Scientific Systems, Inc. (S-3). The amount of $12.3M has been obligated on this contract to date, including all options.

Acquisition Planning Background:

This contract supports both the DNTP and the DIR at NIEHS, both of which have experienced recent changes impacting the acquisition planning milestones of this contract. In the latter part of the performance period for the current contract, DNTP began shifting the scientific direction and focus of the division. DNTP also underwent a structural realignment of the organization to create new branches and offices within the organization.

In the Division of Intramural Research (DIR), additional scientists have joined the division and are requiring new types of studies under the contract. As a result, NIEHS’s programmatic needs have expanded to include new projects which require varying data types, expanded data systems, and additional data processing tools and processes.

In preparation for the recompetition of this contract, the acquisition planning team began meeting with DNTP and DIR stakeholders in mid- 2019 to explore current and future needs of both divisions. The team continued to meet through 2019 and early 2020 in an effort to refine the contract requirements and develop the Statement of Work (SOW) for the next contract. By April 2020, COVID-19 had introduced major unexpected changes in the workplace. The impact of the pandemic and closure of workplace facilities created a shift in priorities to other urgent matters, including an impact on the ability of Program staff to collaborate as effectively on this type of project.

In December 2020, the acquisition team convened a Management Council meeting consisting of program stakeholders from DNTP and DIR.

The purpose of this meeting was to provide a forum for discussing the draft SOW, evaluation criteria, and other acquisition planning documents and to allow all participants to provide feedback. This meeting resulted in a number of additional considerations that needed to be addressed.

Changes to the AP package were required before submission to the Office of Acquisitions. In addition, the DNTP also underwent a structural realignment in early 2021 to create new branches and offices within the organization. This led to additional delays in completing the acquisition documents and submission to OA.

A draft acquisition package was submitted to OA in March 2021. Due to the timing of the receipt of the package, the Government determined that it would be beneficial to exercise its 6-month option under FAR 52.217-8 to provide time for finalizing the acquisition method and documents. The acquisition team also conducted market research and determined that the acquisition method should be shifted back to the GSA Multiple Award Schedule (MAS). The services, although professional in nature, are considered to be of a type generally offered in the commercial marketplace for expertise related to mathematics and statistical analysis of data sets. Therefore, GSA would be a better fit for the requirement and provide a more robust competitive environment.

During the 6-month option period, Program officials continued to introduce improvements and refinements to the SOW to try and capture the requirement’s evolution. For example, there was a last-minute determination that data rights needed to be better addressed in the SOW.

This required additional time to seek input from stakeholders and obtain OGC guidance. Added delays were again experienced when an internal policy review revealed additional considerations that required some aspects of the acquisition package to be re-examined and revised to better define requirements. As a result, the acquisition lead time has been unavoidably impacted. Although the Government has made every effort to allow for extensive acquisition planning, we have determined that it will not be possible to get the next award in place in a manner that will provide for an appropriate transition period to avoid a lapse in service.

NIEHS is requesting that a short-term sole source task order of eight (8) months be awarded to the incumbent for the continuation of the support services being provided under the current contract. This short-term sole source effort will enable NIEHS to continue to receive essential mathematical and statistical support services while also allowing for a managed transition from the current contract to a new 5-year contract which is anticipated to be competed on GSA MAS for Professional Services. This sole source requirement is a means to achieve continuity as NIEHS executes the next competitive action. Eight months will allow adequate time for any final adjustments to the acquisition plan and supporting documents while also ensuring an appropriate amount of time for solicitation, award, and transition to a possible new contractor.

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

a. Project title: Statistical Support Services for the National Institute of Environmental Health Sciences (NIEHS) in the Division of Intramural Research (DIR) and the Division of the National Toxicological Program

(DNTP)

b. Project description.

The current contract, HHSN273201600011C, is a 5-year T&M type contract awarded on April 24, 2016 using full and open competition to Social and Scientific Systems, Inc. (S-3). A total of $12.3M has been obligated on this contract to date, including all options. The contract is set to exhaust funding and end on September 24, 2021.

The purpose of this contract is to provide statistical analysis, mathematical modeling and computational support to researchers at NIEHS in support of environmental health science and toxicology.

Contractor staff support NIEHS personnel and other contractors to collect large amounts of data, analyze underlying trends using standard statical analysis methods, and report that data back to NIEHS scientists for further use in their scientific work. The contract does not create or develop new knowledge/information, but rather is analyzing data generated elsewhere. Without these services, NIEHS would not have the data required to prepare the summary data tables needed to report NIEHS scientific findings to the public. The incumbent contractor oversees multiple data sets and code developed over multiple years.

NIEHS does not currently have the internal staff or other resources needed to accomplish these tasks if there were a lapse in contractual services.

This proposed short-term sole source effort will enable continuation of vital statistical support services between the current contract’s end date of September 24, 2021 and the new, competitively awarded GSA Task Order estimated to be in place by or before May 23, 2022. The contract activities are further described in the attached Statement of Work (SOW) (Attachment #1).

Requirement type.

x Support services (non-research & development)

Supplies/equipment Information technology (IT) Other (specify):

Type of action.

x New requirement

Follow-on

Proposed contract/order type.

Firm-fixed-price x Time and materials Indefinite delivery (specify whether indefinite quantity, definite quantity, or requirements):

Acquisition identification number. TBD

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

the 8-month performance period is September 24, 2021 to May 23, 2022.

4. Identification of the justification rationale [see 8.405-6(a) and (b)] and, if applicable, a demonstration of the proposed contractor’s unique qualifications to provide the required supply or service.

a. Acquisition authority.

× This acquisition is conducted under the authority of the Multiple

Award Schedule Program. Consideration of schedule contractors will be restricted to fewer than the number required by Federal Acquisition Regulation (FAR) 8.405-6(a)(1) (i.e., fewer than three FSS contractors).

This acquisition is conducted under the authority of the Multiple Award Schedule Program. Consideration of schedule contractors will be restricted only to the item peculiar to one manufacturer as provided in FAR 8.405-6(a)(2)

b. Demonstration of the proposed contractor(s) unique qualifications to provide the required supply or service.

Name and address of the proposed contractor(s):

Social & Scientific Systems, Inc., a DLH Holdings Corp company 8757 Georgia Avenue, 12th Floor Silver Spring, MD 20910 DUNS No. 091340943

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

The Government has determined that the required services to be provided under this short-term task cannot be obtained within the required timeframe if full competition is provided. Using competitive procedures would result in unacceptable delays. Therefore, continuing services through a sole source award to the incumbent contractor is the best method of preventing any lapse in service until a new award can be established. This sole source contracting action is being executed under the authority of FAR 8.405-6(a)(1)(i)(A), which states, “An urgent and compelling need exists and following the procedures would result in unacceptable delays.”

The work performed under the current contract is important for NIEHS day-to-day operations. Contractor staff support program personnel and other contractors to collect large amounts of data, analyze underlying trends using standard statistical analysis methods, and report that data back to NIEHS scientists for further use in their scientific work.

The statistical support deliverables under this contract require the contractor to have an excellent grasp of the NIEHS toxicology and environmental health research study designs and specifications in order to assist NIEHS in the collection, analysis, visualization, and reporting of diverse types of data relevant to protection of public health. This level of understanding is essential to successful performance of the contract deliverables. As the incumbent, S-3 oversees multiple data sets and code developed over multiple years. S-3 is the only contractor that has a full and detailed understanding of current statistical methods and technologies used at NIEHS, as well as the existing technical skills and competencies to successfully perform the required support in a timeframe that meets immediate Government requirements. NIEHS does not have the internal staff or other resources needed to accomplish these tasks.

It would take an alternative contractor significant transition time to understand NIEHS study designs and be trained in the proper specifications and processes to provide the statistical support required to meet NIEHS’s goals. This puts a strain on NIEHS resources, time, and effort that would be expended to manage that transition and to maintain continuity. In addition, a new contractor would not have a reasonable opportunity, relative to the short performance period, to capture and cultivate sufficient intellectual capital to engage the service requirements and fully transition-in, which introduces unacceptable risk in continuity of service.

The criticality of these services means that it is imperative that the Government maintains a seamless continuation of services until the next award can be recompeted. Government scientists and the general public rely on the data analyzed by the contractor to make efficient and informed decisions about the hazards associated with exposure to environmental toxicants. A lapse in support service would adversely impact the ability of NIEHS to deliver data regarding protection of public health. Any disruption of these services will present an unacceptable risk for the NIEHS and DNTP mission.

5. Determination by the ordering activity Contracting Officer that the order represents the best value consistent with FAR 8.404(d).

The Contracting Officer (CO) anticipates this short-term task order awarded against a GSA MAS will be at a fair and reasonable price to the Government.

GSA has already determined the prices of the supplies and services under FSS contracts, including rates for services offered at fixed hourly rates, to be fair and reasonable. The CO will seek additional discounts from the contractor prior to placing the order using the current contract rates as a point of comparison to achieve the best rates possible. The mix of labor and the level of effort will be reviewed for reasonableness by the COR and CO. By placing an order against a schedule contract using the procedures in FAR 8.405, and by comparison to the rates approved under the current contract which was competitively awarded, the CO will be able to confidently conclude that the order represents the best value (see FAR 2.101) and results in the lowest overall cost alternative.

6. Description of the market research conducted among schedule holders and the results, or a statement of the reasons market research was not conducted.

Market research for this sole source award: An informal survey of the GSA Multiple Award Schedule was performed to check the availability of commercial sources. That market research revealed that there are several potential capable sources available through the GSA Multiple Award Schedule for Professional Services and/or Oasis Pool 4. However, as described herein, due to the urgency of the Government’s need to obtain a short-term task order, it is not feasible to follow GSA competitive procedures and award a 5-year task order in the time frame necessary. The Government anticipates the ability to fully solicit competition in the next award among all interested GSA schedule holders.

The Government intends to award this sole source task order on GSA Multiple Award Schedule for Professional Services – Business Administrative Services, SIN 541611. S-3’s contract number is GS-00F-173CA.

In support of the internal market research that was conducted, NIEHS issued a notice to beta.SAM (FBO) to announce the intent to award a sole source T&M task order to the incumbent contractor, S-3. The notice was posted on August 11, 2021 with a response date of August 16, 2021 for capability statements. No responses were received.

7. Any other facts supporting the justification.

Acquisition planning for this requirement began in 2019 and has continued throughout 2020 and 2021 in an effort to engage all stakeholders to reassess the current contract requirements and determine if adjustments were warranted based on the evolving needs of DNTP and new directives from leadership.

Although every effort was made to remain within the acquisition planning milestones, development of the requirement and adjustments to the acquisition method have resulted in unavoidable delays in the progress toward award of a new contract before the expiration of the current contract. Trying to make award of a new five-year contract at this stage is high risk and likely to lead to a lapse in services. This is primarily due to the compressed time schedule for award and the considerable effort and resources required if a new awardee had to transition-in and fully engage the services. The overhead costs, risks, and resources associated with facilitating a transition and operational hand-offs between the incumbent and new awardee would not be prudent for such a short performance period.

Justification for length of time needed - The recompetition is still in the late stages of the acquisition planning stage where additional fine-tuning of the SOW and evaluation criteria is being made. Upon review of milestones, the CO and COR have determined that eight months is the minimum acceptable period of time necessary to complete any additional revisions, prepare a competitive solicitation, provide a robust evaluation of responses and make award of the new 5-year contract. A shorter period is not advisable as it would introduce unnecessary risk, would impact the period for adequate response and evaluation, and could short-change a more thorough development of the SOW and its supporting documentation. Future non-competitive extensions are not anticipated.

Methods to avoid future delays - In an effort to improve acquisition planning and avoid additional delays on this and future contracts, the NIEHS OA will be working closely with Program stakeholders and CORs to identify areas where planning improvements can be made. This will include:

Regular forecasting meetings between program and OA to identify future needs and establish award schedules well ahead of time.

Monthly (or more often if needed) meetings with CORs and program officials to provide milestone updates, identify risks, and plan course corrections where needed.

Establishment and enforcement of clear deadlines for acquisition planning and submission of completed documents.

Performing a post-award milestone analysis to inform future acquisitions and identify areas of inefficiency so that delays can be mitigated.

8. Statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made.

a. Removal of barriers to competition.

This 8-month sole source effort will enable continuation of vital statistical support services between the current contract’s end date and award of the new GSA Task Order. This task order will provide the additional procurement time necessary for NIEHS to finalize acquisition planning.

Additionally, it will allow more time for contractors to engage the five-year requirement and develop quality proposals. This sole source short-term effort facilitates NIEHS’s ability to promote robust competition while ensuring continuity of these services. As indicated below, the Government anticipates the ability to fully solicit competition in the next award among all interested GSA schedule holders.

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

No responses were received in response to the notice of intent to sole source posted to beta.SAM as described in Section 6 of this document.

The Government anticipates the ability to fully solicit competition in the next award among all interested GSA schedule holders.