MODS_Bridge_9_JA_-_27_Mar_2019__(Redacted).pdf

Control No: 19-HRCO-313 Medical Operation Data Systems

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

Justification Review Document for Other Than Full and Open Competition

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: HRCO requests approval to negotiate a new non-personal services interim sole-source contract as follow-on with a six-month base period and Federal Acquisition Regulation (FAR) Clause 52.217-8, Option to Extend Services, for up to six-months, with the incumbent provider, ASM Research (ASMR) to provide sustainment and modernization of the Medical Operational Data Systems (MODS) during resolution of a Government Accountability Office (GAO) bid protest, and planned system migration. A single-award Indefinite Delivery- Indefinite Quantity (IDIQ) with Firm-Fixed-Price (FFP) and Cost Reimbursable (CR) Contract Line Item Numbers (CLINs) contract is anticipated. The type of funds to be used is FY19 Operations and Maintenance (O&M) and Research Development Test and Evaluation (RDT&E) funds for six-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 while the contracting activity resolves an ongoing bid protest as well as planned system migration. The contractor shall provide non-personal services to perform the following: System Operations and Sustainment (Information Assurance, System Administration, Research Development Testing & Evaluation); Software Modifications, Technical Refresh, and Significant Enhancements; System Support (Help Desk); Interface Management; Project Management Support Services (Client Services, MODS Service Request Status, On Process Review; Attendance/Reporting; Risk Management; Configuration Management; Scheduling, Costs, and System Metrics Analysis; and User Training and Conference Support; and Documentation (System Code, Institute of Electrical and Electronics Engineers).

b. The estimated dollar value of this proposed action is for a six-month base period of performance from 1 Apr 19 through 30 Sep 19. FAR 52.217-8, Option to Extend Services, will be included in the contract to allow for up to an additional six-month extension, thereby potentially increasing the overall estimated dollar value to The maximum value of the contract will be

4. Authority Cited: The statutory authority permitting other than full and open competition is 10 United States Code 2304(c)(1) as implemented in Federal Acquisition Regulation 6.302- 1(a)(2)(iii)(B), only one responsible source and no other supplies or services will satisfy agency requirements, for the continued provision of highly specialized services when it is likely that award to any other source would result in unacceptable delays in fulfilling the agency’s requirements.

5. Reason for Authority Cited:

a. There is a current contract in place for these services through contract number W81K04-18-D-0013, which will expire on 31 Mar 19. The government awarded a fully competed 5-year contract to Tiber Creek Consulting, Inc., W81K04-19-D-0007, on 11 Feb 19. On, 11 Mar 19, the Government received a Government Accountability Office protest with a required CICA stay causing the Government to issue a stop-work order to Tiber Creek Consulting, Inc. GAO has up to 100 days to decide the protest which extends past the 31 Mar 19 end date of the current contract. Therefore, in order to continue this critical service, a bridge contract is necessary to resolve the litigation, or the underlying issues associated with the litigation. The Government also note this contract has been in continuous protests since 2011 and the Government cannot exclude the possibility the litigation will continue at the GAO and/or the Court of Federal Claims regardless of the outcome of this current GAO litigation. Therefore, the short-term bridge will include a 6-month base period to cover the 90-day transition period and the first 3 months of full performance and the 6-month extension of services option.

b. The current contractor, ASMR, is supporting a mandated effort to migrate MODS from the Joint Service Provider (JSP) location to the Army Analytics Group (AAG) location and it would not be possible to compete a new contract and then have the awardee continue this work on the current timeline which involves multiple parties and contracts. Competing and awarding to another contractor would result in unacceptable delays in fulfilling this requirement as the current contractor is required to conduct constant internal cross collaboration with its application, cybersecurity, data, infrastructure, and security teams and externally with AAG teams receiving, reviewing, and validating the various MODS components. Furthermore, a new contractor, who does not possess the current knowledge of the system, would significantly delay the mandated system relocation requirement if it had to start on very short notice with no transition. The Government also expects the protest to be resolved at some point and that will determine how the fully competed contract award will be executed. Fully competing a second award, simply to cover required litigation stays is not an acceptable approach.

c. In addition to the protest and required stay, the Agency previously anticipated the need for this interim sole source contract to ensure the continued operation of MODS until the migration is completed and allow for a 90-day transition period for the follow-on contract. The migration requires the relocation of the system from the JSP Installation Processing Node located at the Pentagon to the AAG located in Fairfield, California. This is a major work effort requiring constant internal cross collaboration with the current vendor's application, cybersecurity, data, infrastructure, and security teams; and externally with AAG teams receiving, reviewing, and validating the various MODS components. Furthermore, the successor contractor does not possess the current knowledge of the system to relocate the system. As a result, it is necessary for the incumbent contractor to relocate the system to ensure no interruption in services and mission failure. Before the protest, the Agency planned for the first three months of this interim contract to complete the AAG relocation and the remaining three months to allow a 90-day transition to the follow-on contract. Although the protest provides a stand-alone need for a bridge contract, the Agency previously anticipated the need for a bridge contract to permit the incumbent to handle the required migration to AAG.

d. It is not feasible to solicit an interim contract with any source other than the incumbent contractor, ASMR. ASMR possesses the unique qualifications to instantly perform the continuation of these services given that they already have the required clearances, certifications, resources, 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 bridge contract in place to deal with the litigation, required stays, and ongoing transition to the AAG environment, there will be a catastrophic disruption in service for the 1,400,000 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, AMEDD logistics, and AMEDD command management (CM) capabilities. Further, the United States Air Force CME services would be discontinued as well as CM services to Assistant Secretary of Defense for Health Affairs Strategic Planning and United States 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.

e. The period of performance on the current contract can no longer be extended. The FAR Clause 52.217-8, Option to Extend Services, has already been utilized and this option period will expire on 31 Mar 19.

6. Efforts to Obtain Competition:

a. Effective competition. 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. No other efforts have been made by the Government to assure that the prime contractor obtains as much competition as possible in its subcontracting.

7. Actions to Increase Competition: It is not possible to compete the proposed interim acquisition. The follow-on contract was awarded on a competitive basis. When the litigation and migration are complete, performance on the fully-competed follow-on contract will be initiated.

8. Market Research: A Request for Information (RFI) was issued on 26 Feb 19. 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 19.

9. Interested Sources:

a. Before the bid protest, and in anticipation of the required bridge to support the migration, 11 sources expressed an interest in the RFI:

b. Of the sources responding to the RFI, it was determine that it is not feasible to solicit an offer from any source other than the incumbent contractor. 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.

c. The notices required by FAR 5.201 of the Government’s intent to award a sole-source contract for this requirement will be published in FedBizOpps and any quotes, proposals, or capability statements received 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, W81K04-19-D-0007, was awarded to Tiber Creek Consulting, Inc, a small business concern by Health Readiness Contracting Office, Joint Service Branch (HRCO/ JSB) on 11 Feb 19. At the time of award, the parties negotiated a 1 Jul 19 start date. This would permit the Agency to complete the MODS migration to AAG before the awardee started its transition period with the incumbent contractor. That requirement includes a 90-day transition period from 1 Jul 19 to 30 Sep

19; nine-month base period from 1 Oct 19 to 30 Jun 20 and four 1-year options from 1 Jul 20 to 30 Jun

24. Additionally, FAR Clause 52.217-8, Option to Extend Services, was included in the contract to allow for up to six additional months of service. The first task order was issued for the 90-day transition period and has a performance start date of 1 Jul 19 to allow the migration of the system mentioned in paragraph 4c above. Full performance will begin 1 Oct 19.

(b) Contract, W81K04-18-D-0013, was awarded to ASM Research (ASMR), LLC, a large business concern by HRCO/ JSB. That requirement was posted as sole-source procurement to ASMR. That requirement consisted of a six-month base period. The base period provided support for MODS from 1 Apr 18 through 30 Sep 18. Additionally, the extension of services option was exercised for the period: 1 Oct 18 through 31 Mar 19.

(c) Contract, W81K04-17-D-0010, was awarded to ASMR, a large business concern by HRCO/ JSB. That requirement was posted as sole-source procurement to ASMR. That requirement consisted of a six-month base period. The base period provided support for MODS from 1 Apr 17 through 30 Sep 17. Additionally, the extension of services option was exercised for the period: 1 Oct 17 through 31 Mar 18.

(d) Contract, W81K04-16-D-0029, was awarded to ASMR, a large business concern by HRCO/ JSB. That requirement was posted as sole-source procurement to ASMR. That requirement consisted of a six-month base period. The base period provided support for MODS from 1 Apr 16 through 30 Sep 16. Additionally, the extension of services option was exercised for the period: 1 Oct 16 through 31 Mar 17.

(e) Contract, W81K04-15-D-0010, was awarded to ASMR, a large business concern by Center for Health Care Contracting, Medical Information Technology Contracting Branch (CHCC/MITCB). That requirement was posted as sole-source procurement to ASMR. That requirement consisted of a six-month base period. The base period provided support for MODS from 1 Apr 15 through 30 Sep 15. Additionally, the extension of services option was exercised in for the period: 1 Oct 15 through 31 Mar 16.

(f) Contract, W81K04-14-D-0004, was awarded to ASMR, a large business concern by CHCC/MITCB. That requirement was posted as sole-source procurement to ASMR.

That requirement consisted of a six-month base period. The base period provided support for MODS from 1 Apr 14 through 30 Sep 14. Additionally, the extension of services option was exercised for the period: 1 Oct 14 through 31 Mar15.

(g) Contract, W81K04-13-D-0030, was awarded to ASMR, a large business concern by CHCC/MITCB. That requirement was posted as sole-source procurement to ASMR.

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 1 Apr 13 through 30 Jun 13.

Additionally, the government exercised the option period of this contract 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.

(h) Contract, W81K04-12-D-0016, was awarded to ASMR, a large business concern was awarded by CHCC/MITCB. That requirement was posted as sole-source procurement to ASMR. That requirement consisted of a six-month base period plus an option period of six months. This contract provided support to MODS from 1 Apr 12 through 31 Mar 13.

(i) Contract, W81K04-11-D-0012, was awarded by MITCB as a sole-source procurement to ASMR. This contract provided support to MODS from 1 Jun 11 through 31 Mar 12.

(j) Contract, W81XWH-05-D-0008, was awarded by United States Army Medical Research Acquisition Activity (USAMRAA) under a full and open competitive solicitation. The award was made to ASMR; 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.

(k) 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.

(2) Competitive Status of These Actions. Contracts, W81K04-19-D-0007 and W81XWH-05-D-0008, were awarded on a competitive basis. Subsequent awards have been sole-source interim awards as a result of continuing protests and the corrective actions taken to resolve the protests.

(3) Authority previously used for less than full and open competition. The statutory authority permitting other than full and open competition was 10 U.S.C. 2304(c)(1) as implemented by FAR 6.302-1-- Only One Responsible Source and No Other supplies or Services Will Satisfy Agency Requirement.

(4) Justification prepared to support the procurement made before this one with a summary of the contents of paragraph 7, Actions to Increase Competition, of the justification for that procurement and an explanation of the results. 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.

(5) If prior award accomplished by full and open competition, a detailed explanation of the changed circumstances. The Government awarded the protested procurement on a competitive basis. However, because of the bid protest and required stay, and also because of the requiring activity’s need to relocate MODS from the JSP Installation Processing Node located at the Pentagon to the AAG located in Fairfield, California, which is a major work effort requiring constant internal cross collaboration with the current vendor's application, cybersecurity, data, infrastructure, and security teams; and externally with AAG teams receiving, reviewing, and validating the various MODS components, it is necessary to award an interim contract to ensure no interruptions in services and mission failure. There is also a need for a 90-day transition period for the follow-on contract to ensure a smooth transition.

(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 and any significant changes. The previous J&A was used to award a sole-source contract to ASMR pending resolution of ongoing protest and corrective action. There are significant changes in this requirement.

b. Other Facts. 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.

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.

Program Manager Date

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.

Program Manager Date

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).

Contracting Officer Date

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

Contracting Officer Date

Approval

Based on the foregoing justification, I hereby approve the procurement of an interim contract for non- personal services to provide sustainment and modernization of the Medical Operational Data Systems (MODS), not to exceed $13,500,000.00. on an other than full and open competition basis pursuant to the authority of 10 USC 2304(c), as implemented under FAR 6.302-1(a)(2)(iii)(B), subject to availability of funds and provided that the services herein described have otherwise been authorized for acquisition.

USAHCA Special Advocate for Competition Date