Unusual and Compelling JA BAMC Clerks Extension Fully Signed Redacted 1.pdf

Control Number: 21-HRCO-527 CUI

CUI

(Source Selection information - See FAR 2.101 and 3.104-4)

APR 2021

Sole Source Justification and Approval Review Document Under FAR 13.5*

Program/Equipment: Brooke Army Medical Center (BAMC) General Clerk II and III Translation and Interpreter Services.

Authority: Federal Acquisition Regulation 6.302-2 Unusual and Compelling Urgency and FAR 13.5 Simplified Procedures for Certain Commercial items.

Amount: $892,240.20

Prepared by:

Typed Name: Phone:

Title: Contract Specialist Date: 1 July 2021

E-mail:

Contracting Officer:

Typed Name: Phone:

Date Reviewed: 1 July 2021 E-Mail:

Requirements Representative:

Typed Name:

Title:

Reviews

I have reviewed this justification and find it adequate to support other than full and open competition.

Legal Counsel

Signature: te: ______________________

Command Advocate for Competition

Typed Nam

Signature: Date: ______________________

Sole Source Justification and Approval Under FAR 13.501

1. Contracting Activity: Health Readiness Contracting Office (HRCO), U.S. Army Medical Command (MEDCOM), 2199 Storage Street, Building 4197, Suite 68, Joint Base San Antonio (JBSA) Fort Sam Houston, Texas 78234-5074.

2. Description of Action: The HRCO requests approval for extension under FAR Clause 52.217-8, Option to Extend Services, of a Firm Fixed Price (FFP) under contract W81K04-21-P-3002 with incumbent Action Staffing Solutions utilizing authorities cited above. Services are to provide general clerks, medical and legal interpreters and translation services in support of Brooke Army Medical Center. The proposed period of performance (POP) extends the current contract for a five-month period (1 July 2021 through 30 November 2021). The current contract had been extended on 26 May 2021 in accordance with FAR Clause 52.217-8 for one month and expired on 30 June 2021.

3. Description of Supplies/Services:

a. Brooke Army Medical Center (BAMC) General Clerks II and III, Interpreter and Translation Services encompasses critical medical and legal translation and interpreter services for receiving visitors and providing assistance as appropriate by responding to inquiries from various sources regarding location of patients, hospital clinics, wards, offices, visiting hours, and facility services by providing informational material and directional guidance. These mission essential translation and interpreter services are required at BAMC around the clock, 24 hours a day.

b. The total value of the requirement is $892,240.20 for extending the current FAR 52.217-8 services by an additional five months (1 July 2021 – 30 November 2021). The standard language of FAR clause 52.217-8 allows a contract’s period of performance to be extended by a total of six additional months beyond its performance end date;

however the language of FAR clause 52.217-8 in the current bridge contract was modified at the time of award, reducing the standard six month period of extended performance to one month. The additional five months that are the subject of this requirement are in addition to the one month extension already exercised on 26 May 2021. The total value for the purchase order after the extension of services is $1,427,584.31.

4. Authority Cited: The statutory authority permitting Use of Noncompetitive Procedures as implemented by FAR 6.302-2, Unusual and Compelling Urgency and FAR 13.5 Simplified Procedures for Certain Commercial items.

5. Reason for Authority Cited: There is a requirement for these services under purchase order W81K04-21-P-3002. A one month extension of services was extended by modification and expired on 30 June 2021. The extension of five months provides additional time to investigate a potential Procurement Integrity Act violation and prevent a break in critical services required for health care delivery and medical readiness.

6. Efforts to Obtain Competition: Current purchase order was awarded as an 8(a) sole source under the dollar threshold as cited in FAR 19.805-1(a)(2) as authorized by statute, therefore, competition for this action was not required. The follow-on action has been solicited competitively with sufficient competition to be awarded once the Procurement Integrity Act violation investigation is completed.

7. Actions to Increase Competition: A competitive 8(a) source selection is currently on-going for the follow-on requirement. An RFI/Sources sought was posted for this requirement with the PWS on 2 July 2020 with multiple vendors responding to the announcement. A competitive solicitation was posted on 5 March 2021 resulting in sufficient competition.

8. Market Research: Due to the unusual and compelling urgency of need for the continuation of these services essential for patient care, no additional market research was conducted for the extension of services under the J&A.

9. Interested Sources: The notice required by FAR 5.201 that the Government’s exercised the extension of services will be published on beta.SAM.gov. A review of the current market revealed there are multiple sources that can accomplish this work.

However, after careful consideration, it was determined that the incumbent is the only logical and responsible source with the necessary management, structure, experience, and resources already in place to ensure successful continuity of these critical medical and legal translation and interpreter services starting 1 July 2021.

10. Other Facts: None.

a. Procurement history.

(1) Contract numbers and dates of last contracts.

(a) W81K04-21-P-3002 was awarded to Action Staffing Solutions, 883 Cleveland Avenue, Loveland, CO 80537-4716 by HRCO; the POP was 1 April 2021 through 31 May 2021. The purchase order was extended for one month pursuant to FAR 52.217-8 and the POP end date was revised to 30 June 2021.

(b) W81K04-19-P-0013 was awarded to Action Staffing Solutions by HRCO, the POP was 1 October 2019 through 30 September 2020. The contract was extended six months pursuant to FAR Clause 52.217-8, POP date was 31 March 2021.

(c) GS02F031DA was awarded to Action Staffing Solutions by Health and Human Services, the POP was 1 December 2019 through 30 November 2019. The contract was terminated. The contract was a time and materials contract line item numbers off of a federal supply schedule.

(2) The competitive status of these actions. Contract W81K04-21-P-3002, was awarded by HRCO as 8(a) under FAR 19.805-1(a)(2). A competitive follow-on effort is underway and, but for the potential Procurement Integrity Act violation, would most likely have been awarded with ample transition time to avoid a break in critical services.

(3) Authority previously cited if less than full and open competition was used. The statutory authorized used previously was FAR 19.805-1(a)(2) 8(a) award.

(4) No justification was prepared for award of contract W81K04-21-P-3002 as it was not required IAW FAR 6.302-5.

b. Acquisition data availability. The performance work statement (PWS) for the current contract extension is the same as the PWS in the awarded contract W81K04- 21-P-3002.

c. Other facts: None

11. Requirements Certification:

I certify that the supporting data under my cognizance, which are included in the justification are accurate and complete to the best of my knowledge and belief.

Signat ____________________

12. Fair and Reasonable Cost Determination:

I hereby determine that the cost to the Government for this contract action will be fair and reasonable based on the evaluation of the contract price and one month extension price at the time of award, comparison to previous contract actions and the Independent

Approval

Based on the foregoing justification, I hereby approve the five month extension of services (1 July 2021 – 30 November 2021) for BAMC General Clerk II and III, Translation, and Interpreter Services in support of Army, with an additional amount of $892,240.20 to increase the total cost of the purchase order to $1,427,584.31 on an Unusual and Compelling Urgency basis pursuant to the authority of as implemented by FAR 6.302-2 and FAR 13.5 provided that the services herein described have otherwise been authorized for acquisition.

Signatur ate: ________________________