Tab 6b-FINAL REDACTED-JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION- EAP Ceiling Increase.pdf

U.S. Customs and Border Protection

Justification and Approval For Other Than Full and Open Competition For contracts or orders above the Simplified Acquisition Threshold (SAT)

Version 2.0 March 2018

1. Agency and Contracting Activity.

The U.S. Customs & Border Protection (CBP), Office of Acquisition (OA) in support of the Office of Human Resources (HRM), proposes to increase the ceiling of an existing contract on a basis other than full and open competition.

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

This action will result in a modification to extend the period of performance for the CBP Employee Assistance Program (EAP) Indefinite Delivery Indefinite Quantity (IDIQ) contract under FAR 52.217-8, Option to Extend Services. CBP will initially extend the IDIQ period of performance by three months and consider any additional extensions under the contract, as needed, up to 3 additional months. The extension of the IDIQ period of performance will also require the Government to add funding to the current task order and raise the ceiling of the IDIQ contract.

Name and address of the contractor: EAP Consultants, Inc. (DBA- Espyr) 1850 Pkwy Place, Suite 700

Marietta, GA 30067-8260

(a) Contract type: Hybrid- Labor Hour/ Firm Fixed Price

(b) Estimated total value (including options):

The IDIQ ceiling will be increased from $9,604,339.00 by $1,259,893.00 to $10,864,232.00.

(c) Type of funding: Operation and Support funds, 20500

(d) Year of funding: Fiscal Year 2020.

(e) Solicitation number: The current EAP IDIQ was competed under RFP HSBP1015Q0005.

Due to unforeseeable usage increases since its inception, the contract ceiling needs to be increased to continue services until a new competitive contract can be awarded. The anticipated timeframe for award is FY20 Q4.

3. Description of Supplies/Services.

This action will result in a modification to extend the CBP Employee Assistance Program (EAP) Indefinite Delivery Indefinite Quantity (IDIQ) contract period of performance by up to 6 months under FAR 52.217-8 Option to Extend Services. CBP’s EAP was established in accordance with public laws PL 79-658, which authorizes the establishment of health programs to promote and maintain the physical and mental fitness of federal employees; PL 91-616 and 92-255, which require federal agencies to make available alcoholism and drug abuse programs to federal employees; and Public Laws 96-180 and 96-181, which authorize agencies to provide counseling services to federal employees and, to the extent possible, to family members of employees who have substance abuse problems. Increasing the ceiling will allow for these critical services to continue for employees and their family members while a new IDIQ contract is competed and awarded.

4. Identification of Statutory Authority Permitting Other Than Full and Open Competition.

The statutory authority permitting other than full and open competition is 41 U.S.C.

3304(a)(1), implemented by the FAR Subpart 6.302-1(a)(1) entitled, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

5. Demonstration That the Nature of the Acquisition Requires Use of the Authority Cited.

Raising the ceiling is required due to unanticipated increased usage of Employee Assistance Program (EAP) services under the contract, additional usage of EAP services as a result of the COVID-19 pandemic, and delays in awarding CBP’s next competitive IDIQ for EAP services. The total contract ceiling must be increased to allow for uninterrupted EAP services for CBP employees and their families while HRM continues to conduct a new competition. Employee Assistance Program services are essential to the overall well-being of CBP’s workforce and support mission critical functions and services. It is in the best interest of CBP to increase the ceiling and maintain uninterrupted services while the new contract is competed.

CBP employee use of the Employee Assistance Program dramatically increased in Option Periods 3 and 4 in response to multiple, devastating hurricanes and other natural disasters, and national responses, which were not foreseeable at the time of contract award. Utilization of Work Life Services also increased during and after the 2018-2019 partial federal government shutdown, and more training sessions were required for management to assist employees with these situations. EAP use also increased in response to unanticipated critical incidents and other emerging crises, such as the unexpected response required for migrant caravans, employee suicides, and the need for a financial wellness program after the extended partial federal government shutdown. The unanticipated and unprecedented situation at the southern border resulted in a significant increase in EAP activity and it is expected to continue and further increase while CBP responds on the front lines of the

COVID-19 National Emergency and global pandemic. The evolving needs of CBP’s growing workforce requires an increase in employee support and continued services that are offered through the EAP.

The authority under FAR Subpart 6.302-1 entitled, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements” is the appropriate course of action because no other vendor is capable of stepping in immediately to take over these mission critical services without a break in service. As a result, Espyr is the only contractor that can provide these services. The transition time to a new contractor needs to be thoughtfully, securely, and completely executed over a matter of months. The contractor’s key personnel must be fully cleared and their IT system must go through the DHS IT security review procedures to be in compliance with DHS IT security regulations. The employee information within the Contractor’s record, case management, and Management Information systems would all need to be transitioned to a new, secure system, which has gone through the DHS IT Security review process. This process includes a full review to ensure favorable security measures are in place for processing, storing, and inputting federal employees’ data and PII. An extended break in EAP support services would have a potentially devastating impact on CBP employees, particularly those tasked with supporting the humanitarian crisis at the border and the COVID-19 National Emergency. Upon the ultimate completion of the current IDIQ contract, the EAP contractor must carefully coordinate the transition of contact information for the EAP helpline, crisis services, financial planning, and mental health professionals for all CBP employees utilizing these services to a new contractor, if and/or as needed. Extending services, thus increasing the ceiling under the current IDIQ, will allow services to continue without an interruption or break in service while a new competitive contract is awarded. It will also allow enough time for CBP to complete a seamless and successful transition to a new IDIQ contract, all while continuing to provide necessary EAP services to its employees. The administration of the extension will be handled at the task order level and the task order period of performance will be extended, as it is deemed necessary, up to six months due to the award status of the new IDIQ.

For the reasons explained above, Espyr is the only contractor who is capable of providing these EAP services without interruption while CBP conducts a competition for the long-term follow-on contract (award expected by the end of the fiscal year). If these EAP services are disrupted or stopped, the damage to CBP employees is potentially catastrophic. Mental health, substance and drug abuse prevention, and suicide prevention are critical components of this contract and the stress and danger experienced by a large number of CBP employees is very high and increasing exponentially under the COVID-19 Emergency.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable.

The CO will post the ceiling increase J&A on Beta.SAM, on or before April 14, 2020. CBP is finalizing its acquisition strategy and anticipates posting its solicitation to Beta.SAM in early May 2020.

7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable.

The Contracting Officer determines that the anticipated price(s) will be fair and reasonable based on the responses to the initial competition and subsequent award of IDIQ HSBP1015D00004. Competitive pricing was reviewed in response to the original requirement and determined by the Government to be fair and reasonable. The pricing utilized for the IDIQ ceiling increase is the same pricing and rates which were previously determined to be fair and reasonable under Option Year 4 of the IDIQ contract.

8. Description of Market Research.

Market research has been conducted and a Request for Information issued for the new CBP IDIQ. There are sources that responded to the RFI who will be able to compete for the new requirement; however, none are capable of stepping in immediately due to the reasons stated in section 5 of this J&A.

9. Any Other Facts Supporting the Use of Other Than Full and Open Competition.

A break in EAP services would be devastating for CBP employees that depend on these services as they perform the required functions while meeting CBP’s mission, specifically due to the rapidly changing situation and significant stresses evolving under the COVID-19 emergency.

This is not a follow-on contract. CBP is extending the period of performance under the IDIQ and the current task order under the IDIQ by up to six months in accordance with the Option to Extend Services Clause.

10. A Listing of the Sources, if Any That Expressed, in Writing, an Interest in the Acquisition.

N/A- no sources expressed, in writing, an interest in this acquisition.

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 Supplies or Services Required.

CBP has prepared the new requirement to allow for the competition to the maximum extent possible. The future Statement of Objectives (SOO) will not include overly restrictive requirements and vendors will be permitted to propose innovative ways to meet the demands of CBP employees stationed in both CONUS and OCONUS locations.

The long-term, competitive IDIQ contract is estimated to be solicited in May 2020 and awarded in August 2020.

12. Planning and Funding Statement.

This acquisition does not result from a lack of planning or the expiration of funds.

13. Posting Requirement.

CBP will post this requirement on Beta.SAM, pursuant to FAR 6.305.

► J&A CERTIFICATIONS

14. REQUISITION/PROGRAM OFFICE CERTIFICATION

I certify that the foregoing justification is accurate, meets the Government’s minimum needs and contains complete information necessary to support the action described in this document and the authority cited.

Office: Office of Human Resources Management (HRM) Name: LaChundra Lindsey Title: Management & Program Analyst/ Contracting Officer’s Representative

Signature: _______________________________ Date: _____________

15. CONTRACTING OFFICER CERTIFICATION/APPROVAL*

I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

Name: Erin M. Schwam Contracting Officer

Signature: ________________________________ Date: _____________

* In accordance with FAR 6.304(a)(1), CO certification of a J&A for a requirement not exceeding $700,000 shall constitute approval of the J&A.

16. SMALL BUSINESS SPECIALIST CERTIFICATION (Per HSAM 3019.501 -

Above the SAT)

I certify that I have conducted a search for small businesses and other socio-economic concerns capable of participating in this acquisition.

If any were found, a list is attached.

Name: Yvette Jorge CBP Small Business Specialist

Signature: _____________________________________ Date: _____________

17. CHIEF COUNSEL REVIEW (Per HSAM 3006.304-70 - Above the SAT)

Name:

Signature: _______Reviewed__________________ Date: __04/07/2020___

► J&A APPROVALS

18. COMPETITION ADVOCATE (Per FAR 6.304(a)(2) - Above $700,000)

Approved Disapproved

Name: Richard K. Gunderson Competition Advocate

Signature: ___________________________ Date: _____________