J A_Redacted.docx

Control No: 15-0007

Justification and Approval for Other Than Full and Open Competition Justification

1. Contracting Activity: U.S. Army Medical Command (MEDCOM), Center for Health Care Contracting (CHCC), 2199 Storage Street, Bldg. 4197, Ste 68, Joint Base San Antonio (JBSA) Fort Sam Houston, TX 78234-5074.

2. Description of Action: The CHCC requests approval to negotiate a interim 6-month nonpersonal services contract plus FAR Clause 52.217-8, Option to Extend Services for up to 6-months, with the incumbent provider, ASM Research, Inc. to provide sustainment and modernization of the Medical Operational Data Systems (MODS). An Indefinite Delivery Indefinite Quantity (IDIQ) contract with firm fixed price and cost reimbursement contract line items is anticipated. The type of funds to be used is FY15 Operations and Maintenance (O&M) and Research Development Test and Evaluation (RDT&E) funds for the 6-month base period.

3. Description of Supplies/Services:

a. These interim services are necessary to provide continuous uninterrupted operations and maintenance support for the MODS.

b. MODS services include:

· System operations and sustainment (IA, system admin, RDT&E)

· Software modifications, technical refresh, and significant enhancements

· System Support (Help Desk)

· Interface Management

· Project Management Support Services (client services, MSR Status, IPR, Attendance/reporting, QA, Risk Management, Configuration Management, Scheduling, Costs, System Metrics Analysis, Government required reporting, SW management, coordination meetings)

· User Training and Conference Support

· Documentation (system code, IEEE)

c. The estimated value of this proposed action is $5,035,000 for a 6-month base period of performance from 1 Apr 15 through 30 Sep 15. The clause at 52.217-8, Option to Extend Services, will be included in the contract to allow for up to an additional 6-month extension at $5,035,000, thereby potentially increasing the overall estimated value to $10,070,000.

4. Authority Cited: The statutory authority permitting other than full and open competition is 10 United States Code (USC) 2304(c)(1) as implemented by Federal Acquisition Regulation (FAR) 6.302-1, Only One Responsible Source and No Other supplies or Services Will Satisfy Agency Requirements.

5. Reason for Authority Cited:

a. There is a current contract in place for these services through contract number W81K0414-D-0004, which will expire on 31 Mar 15. The Government is in the process of reprocuring the required services. Remediation of GAO and COFC actions will not occur in time to allow implementation of the follow-on contract by 31 Mar 15. This interim contract will allow adequate time for the completion of the corrective actions resulting from multiple protest actions and new award of the long term (base plus options) contract to be awarded through the competitive acquisition process.

b. It is not feasible to solicit a bridge contract with any source other than the incumbent contractor, ASM Research (ASMR), Inc. ASMR possesses the unique qualifications to instantly perform the continuation of these services given that they already have the required clearances and certifications, resources and trained work force, and have completed all in-processing requirements for their employees, thus requiring no transition efforts to continue performing these services. Furthermore, without a fully awarded MODS bridge contract, there will be a catastrophic disruption in service for the 750,000 users across the Army, Navy, and Air Force in the following mission essential areas: Army medical readiness, Army Medical Department (AMEDD) human resources, AMEDD health professional special pay and continuing medical education (CME), AMEDD logistics, and AMEDD command management (CM) capabilities. Further, USAF CME services would be discontinued as well as CM services to Assistant Secretary of Defense for Health Affairs (ASD HA) Strategic Planning, and US Navy Bureau of Medicine until successful award of the MODS follow-on contract. Only ASMR can satisfy these mission critical services without causing unacceptable delays or disruption of services.

c. The period of performance on the current contract can no longer be extended. FAR Clause 52.217-8, Option to Extend Services, has already been utilized and this option period will expire on 31 Mar 15. The proposed 6-month base interim contract will need to be awarded by 31 Mar 15 in order to continue current level of services until the competitive reprocurement can be completed. It is estimated that it will take approximately 2 months to complete the award process using competitive acquisition procedures. In addition, there is a 45-day transition period for a new contractor to complete the recruitment and placement process and to start performance on a new contract. As such, the incumbent contractor, ASMR is the only responsible contractor with the required, and qualified, personnel ready to start performance on 1 Apr 15.

6. Efforts to Obtain Competition:

a. Effective Competition. A request for information (RFI) was issued 19 Feb 15. No other efforts are being made to obtain competition for the interim requirement, as only one responsible source, ASMR, is capable of meeting the minimum requirements prior to the expiration of the current contract.

b. Subcontracting Competition. Since ASM was a small business at time of initial award, nor have they been required to submit subcontracting plans in previous bridges, there is no expectation of subcontracting competition. This procurement is for a short six-month period and it is not expected that the contractor will have sufficient time to develop an effective subcontracting plan. The contracting officer has determined that subcontracting possibilities do not exist for the proposed contract action.

7. Actions to Increase Competition: It is not possible to compete the proposed interim acquisition in time for service to commence on 1 Apr 15. However, the CHCC fully competed, after exclusion of sources, the award of the follow-on reprocurement. A synopsis was posted in accordance with FAR 5.201 to further increase competition.

8. Market Research: As described in paragraph 6 above, market research, in accordance with FAR Part 10, was conducted for the follow-on requirement by synopsizing the proposed acquisition, advising industry of the pending acquisition, and soliciting inquiries from interested parties. No further market research has been done at this time to identify additional sources of these services since the Government does not have the opportunity to solicit additional offerors in time for service to commence on 1 Apr 15.

9. Interested Sources:

a. To date, ten (10) sources have written to express an interest in the RFI. Responses include:

Alliant Keystone ASM Research Bestica (did not submit capabilities statement, only asked a question) Certified Technical Experts, Inc ERP International, LLC FSO Diligent Consulting Inc (did not submit capabilities statement, only asked a question) Goldbelt Hawk, LLC Premier Consulting & Management Svcs RTGX (Ross Technologies) USDA OCIO EAS (did not submit capabilities statement, only asked a question)

b. Of the 10 sources responding to the RFI, only one, ASM, could meet the minimum requirements prior to the expiration of the current contract.

c. The notices required by FAR 5.201 of our intent to award a sole-source contract for this requirement will be published in FedBizOpps and notifying industry that any quotes, proposals, or capability statements received by the stated response time will be considered.

10. Other Facts: Below are additional facts supporting the use of other than full and open competition:

a. Procurement history.

(1) Contract numbers and dates of last several awards.

(a) Contract, W81K04-14-D-0004, was awarded to ASM Research, Inc., a large business concern by CHCC/MITCB. That requirement was posted as a sole-source bridge procurement to ASM Research, Inc. That requirement consisted of a six-month base period. The base period provided support for MODS from 1Apr 14 through 30 Sep 14. Additionally, the extension of services option was exercised in for the period: 1 Oct 14 through 31 Mar 15.

(b) Contract, W81K04-13-D-0030, was awarded to ASM Research, Inc., a large business concern by CHCC/MITCB. That requirement was posted as a solesource bridge procurement to ASM Research, Inc. That requirement consisted of a three-month base period plus a three month option period. The base period of this contract has provided support for MODS from 1Apr 13 through 30 Jun 13. Additionally, the government exercised the option period of this contact which continued support for MODS from 1 Jul 13 through 30 Sep 13. Finally, the extension of services option was exercised in two 3-month consecutive periods: 1 Oct 13 through 31 Dec 13 and 1 Jan 14 through 31 Mar 14.

(c) Contract, W81K04-12-D-0016, was awarded to ASM Research, Inc., a large business concern was awarded by CHCC/MITCB. That requirement was posted as a solesource bridge procurement to ASM Research, Inc. That requirement consisted of a sixmonth base period plus an option period of six months. This contract provided support to MODS from 1 Apr 12 through 31 Mar 13.

(d) Contract, W81K04-11-D-0012, was awarded by MITCB as a bridge for a period starting 1 Jun 11 and extended to 31 Mar 12. The award was made to ASM Research, Inc., 3025 Hamaker Court, Suite 300, Fairfax, VA 22031, as the only responsible source.

(e) The previous contract, W81XWH-05-D-0008, was awarded by USAMRAA under a full and open competitive solicitation. The award was made to ASM Research, Inc., 3025 Hamaker Court, Suite 300, Fairfax, VA 22031 (then a small business); the period of performance was from 15 Sep 05 through 14 Feb 11. Because of delays with the follow-on contract effort, USAMRAA modified the contract and extended it an additional 3.5 months to 31 May 11.

(f) Prior to the USAMRAA contract, MODS was awarded through the General Services Administration in 2002; through the Defense Supply Services Washington in 1992; and in 1991 MODS was an Office of Personnel Management contract. Throughout the contract life of MODS, only one vendor has been the contract awardee: ASM Research.

(2) Competitive Status of These Actions. Contract W81XWH-05-D-0008 was solicited as unrestricted and a single award contract was awarded to ASM Research, Inc., a large business, on a competitive basis. Subsequent awards have been sole-source interim awards as a result of continuing protests to GAO and COFC, and the corrective actions taken to resolve the protest issues.

(3) Authority previously used for less than full and open competition. The statutory authority permitting other than full and open competition was PL 104-106, section

4202 of the Clinger-Cohen Act of 1996 as implemented by FAR 13.501(a), sole source justifications under the Test Program for Certain Commercial Items.

(4) Summary of previous use of J&A. The previous J&A was used to award an interim sole-source contract to ASMR as a result of ongoing protest issues and corrective actions taken on the follow-on requirement.

(5) If prior award accomplished by full and open competition, a detailed explanation of the changed circumstances. The previous requirements were accomplished using full and open competition and awarded to a ASMR, a small business (now a large business). The CHCC’s initial requirement was solicited as a small business set-aside using full and open competition after exclusion of sources. The award was protested and ultimately terminated with the solicitation being reopened. Subsequent awards have been protested with the Government taking corrective action and ultimately terminating the awards. The solicitation was reopened in order to take corrective action once again. Subsequently interim sole-source awards have been made to the incumbent contractor, ASMR, pending resolution of protests and corrective actions.

(6) Explanation of unusual patterns revealed by history, e.g., several consecutive, urgent buys. Not Applicable.

(7) If J&A was previously used for this requirement, describe circumstances for justification & any significant changes. Not Applicable.

b. Acquisition data availability. The performance work statement (PWS) for this interim contract is essentially the same as the PWS for the current contract and only includes administrative updates such as date changes, changes to points of contact, and those clauses required by law or regulation.

c. Unusual and compelling urgency. Not Applicable.

d. Subcontracting competition. In accordance with FAR Subpart 19.705-2, the contracting officer determined that the proposed contractual obligation requires a subcontracting plan, as the incumbent contractor, ASMR, is a large business concern under NAICS Code 541511. ASMR was a small business at time of initial award and a subcontracting plan was not required. Subsequent awards have been bridges that mirror the initial award and have not included subcontracting plans. As ASMR is now a large business, this bridge requirement will require ASMR to submit a subcontracting plan.

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.

Typed Name: Joseph S. Peck Title: HCAA Special Advocate for Competition

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.

Typed Name: Joseph S. Peck Title: HCAA Special Advocate for Competition

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable based on price analysis and/or cost analysis IAW FAR 15.404-1, and comparison with the IGE. Services are considered commercial and therefore, certified cost and pricing data will not be required for this non-competitive procurement in accordance with the exception at FAR part 15.403-1(b)(3).

Typed Name: Joseph S. Peck Title: HCAA Special Advocate for Competition

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Typed Name: Joseph S. Peck Title: HCAA Special Advocate for Competition

APPROVAL

Based on the foregoing justification, I hereby approve the potential $10.1M sole source procurement of non-personal services to provide sustainment and modernization of the Medical Operational Data Systems (MODS) from 1 Apr 15 through 30 Sep 15 plus option to extend services on an other than full and open competition basis subject to the availability of funds, pursuant to the authority of 10 USC 2304(c), as implemented under FAR 6.302-1(a)(2), and provided that the services herein described have otherwise been authorized for acquisition.

Typed Name: Joseph S. Peck Title: HCAA Special Advocate for Competition

SOURCE SELECTION INFORMATION

(See FAR 2.101 and 3.104-4)