A.02.04_Sole_Source_Justification_CAMO.pdf

Control Number: 16-RHCO-C-207

For Official Use Only (See FAR 2.101 and 3.104-4)

Sole Source Justification and Approval Under FAR 13.501

1. Contracting Activity: Regional Health Contracting Office – Central (Provisional), U.S. Army Health Contracting Activity (Provisional), 3551 Roger Brooke Drive, Joint Base San Antonio – Fort Sam Houston, Texas 78234.

2. Description of Action: The Regional Health Contracting Office – Central requests approval to negotiate a bridge contract with Glacier Technical Services of El Paso, Texas for the non-personal services of Telephone Appointment Clerks (TACs) and a Project Administrator (PA) for the Consult and Appointment Management Office (CAMO) for the San Antonio Military Health System (SAMHS). A firm-fixed-price contract is contemplated. The type of funds to be used is Fiscal Year 2016 Defense Health Program funds.

3. Description of Supplies/Services: The TACs handle all incoming calls to the CAMO for medical appointment requests (primary care and specialty care) for the 270,000 beneficiaries in the SAMHS area of responsibility. The PA oversees the TACs, and provides data and quality control with regard to meeting the performance work statement established metrics. A performance period of 1 April 2016 – 30 June 2016 is contemplated, with a total value of $770,419.01. The Federal Acquisition Regulation (FAR) clause 52.217-8, Option to Extend Services, will be included in the resultant contract to allow for up to six (6) months of additional service. If the full six (6) months under this clause were to be utilized, the total value of the contract would be $2,311,257.03.

4. Authority Cited: 41 United States Code 1901 as implemented in Federal Acquisition Regulation 13.501(a)(1)(ii), sole source (including brand name) under the authority of the simplified procedures for certain commercial items.

5. Reason for Authority Cited: Current contract W81K00-15-C-0003 provides for these services, and expires 31 March 2016. In anticipation of this contract’s expiration, competitive solicitation W81K00-16-R-0008 was issued, resulting in award of contract W81K00-16-C-0024 to Defense Health Professionals on 16 March 2016. As a result of this award, Glacier Technical Solutions (the incumbent) filed Government Accountability Office (GAO) and Small Business Administration (SBA) protests on 22 March 2016;

therefore, a modification to stop-work under the new contract with Defense Health Professionals was issued on 22 March 2016.

In order to continue providing these services that are critical to the Department of Defense mission of providing access to care, a bridge contract is required. Per the requirements of FAR 52.222-17, Non-Displacement of Qualified Workers, included in the current contract, a successor contractor would need to recruit and present a bona fide express offer of employment to qualified workers performing under the expiring contract. Each bona fide express offer made to a qualified service employee on the expiring/predecessor contract must have a stated time limit of not less than 10 days for

Telephone Appointment Clerks / Project Administrator; Consult and Appointment Management Office an employee response. No vendor other than Glacier Technical Solutions possesses the unique ability to instantly perform the continuation of these services, given that – as the incumbent – they are in position of the required resources and trained manpower.

6. Efforts to Obtain Competition: A notice of intent to sole source this short-term bridge contract was posted to FedBizOpps in accordance with FAR 5.201.

a. Effective competition. The requirement that was to start 1 April 2016 was competed as a 100% 8(a) set-aside, and nine (9) offers were received. However, the receipt of the protests for the contract that resulted from this competitive solicitation, as discussed in paragraph 5 above, have resulted in the emergent situation. Provided the protests are resolved in the Government’s favor, the stop-work order will be lifted on the new contract. Further competition for this short-term bridge contract is not feasible, as only the incumbent contractor is capable of meeting the need for Telephone Appointment Clerk and Project Administrator services.

b. Subcontracting competition. In accordance with FAR 19.702(b) (1), subcontracting plans are not required from small business concerns. The proposed contractor, Glacier Technical Solutions, is an 8(a) contractor and therefore a small business concern.

7. Actions to Increase Competition: The requiring activity has prepared specifications, to include the performance work statement, that were and are adequate for competition, as discussed in paragraph 5. The protests are expected to be resolved on or before 30 June 2016; depending on the outcome, the new contract will begin within 30 days of the protest resolution. It is not possible to compete the proposed acquisition in time for service to commence on 1 April 2016.

8. Market Research: Based on market research and the results of the competitive solicitation conducted between December 2015 and March 2016, there are other contractors capable of performing the required services. However, due to the lack of time between the receipt of the protests and expiration of the current contract, it is not feasible to expect any other contractor to become familiar with the Government’s requirements and recruit/train personnel to the extent required to fully support the effort.

9. Interested Sources: To date, no other sources have written to express an interest in the bridge contract. The notice required by FAR 5.201 was published to FedBizOpps on 28 March 2016. The notice included the following: “All responses received, to include capability statements, within 10 days of the posting of this notice will be considered by the Government.” To date, no responses have been received. If any responses are received within the remaining time period, they will be considered and evaluated by the CAMO and the Contracting Officer.

10. Other Facts:

a. Procurement history.

(1) The current contract, W81K00-15-C-0003, has a performance period of 1 January 2015 - 31 March 2016. The previous contract, W81K00-14-C-0109, covered the period 1 April 2014 – 31 December 2014.

(2) Both W81K00-15-C-0003 and W81K00-14-C-0109 were issued as 8(a) sole-source contracts.

(3) Authority previously cited if less than full and open competition was used:

Section 8(a) of the Small Business Act (15 U.S.C. 637(a)) established a program that authorizes the Small Business Administration (SBA) to enter into all types of contracts with other agencies and award subcontracts for performing those contracts to firms eligible for program participation, as is the case here. Contracting Officers within the Department of Defense have been delegated authority by the Partnership Agreement with the Small Business Administration to sign contracts on behalf of the

SBA.

(4) Sole source justifications were not required on the previous contracts because of the authority to enter directly into a contract with an 8(a) contractor.

(5) If any prior contract for this requirement was accomplished using full and open competition, include a detailed explanation of the changed circumstances causing this action to now limit the sources: See paragraph 5 above.

(6) An explanation of any unusual patterns that may be revealed by the history: Not Applicable.

(7) If a justification was prepared to support the procurement made before this one, briefly describe the circumstances justifying the procurement and whether there have been any significant changes: Not Applicable.

b. Other facts. The performance work statement (PWS) for the proposed bridge contract is essentially the same as the PWS under the current contract, and only includes minor administrative changes. The clause structure also remains essentially the same, except for where they have been updated since the contract was initially issued.

11. Technical 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.

Signature:

E-Signed by MCCLAIN.NICOLE.J.1178217212

VERIFY authenticity with e-Sign

Date: 31 March 2016

Name: Nicole J. McClain Title: Assistant Director, CAMO

12. 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.

Signature:

E-Signed by MCCLAIN.NICOLE.J.1178217212

VERIFY authenticity with e-Sign

Date: 31 March 2016

Name: Nicole J. McClain Title: Assistant Director, CAMO

13. Fair and Reasonable Cost Determination:

I hereby determine that the anticipated cost ($770,419.01 for the initial performance period; up to $2,311,257.03 for any extension period) to the Government for this contract action will be fair and reasonable. This determination is based on several factors: 1) the incumbent contractor has been performing these services for the past several years; 2) the estimated cost for this contract action will be based on price analysis, supported by the Independent Government Estimate, the applicable Wage Determination, and historical, comparative data. These services are considered commercial, and therefore, certified cost or pricing data will not be required for this non-competitive procurement in accordance with the exception at FAR 15.403-1(b)(3).

Signature: Date: 31 March 2016

Name: Michelle Bartkowski Title: Contracting Officer, RHCO-C (P)

14. Contracting Officer Certification:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Name: Michelle Bartkowski Title: Contracting Officer, RHCO-C (P)

Approval

Based on the foregoing justification, I hereby approve the procurement of non-personal Telephone Appointment Clerk and Project Administrator services ($770,419.01 for the initial performance period of 1 April 2016 – 30 June 2016; up to $2,311,257.03 for up to a six-month extension period through 31 December 2016) on an other than full and open competition basis pursuant to the authority of 41 U.S.C. 1901 as implemented by FAR 13.501, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Name: Joseph S. Peck Title: USAHCA (P) Advocate for Competition