SchIVJATOPOST.docx

Justification and Approval for Other Than Full and Open Competition Justification

1. Contracting Activity: National Guard Bureau

2. Description of Action: Approval is being sought for a new short-term bridge contract. The type of contract is an ID/IQ with Firm-Fixed Prices for various types of labor. The funds to be used are Army National Guard Operations and Maintenance Funding (OMA, ARNG). The planned ceiling for this ID/IQ contract action is $50 Million. The planned period of performance is as follows: A six (6) month base period from February 15, 2013 through August 14, 2013 with three (3) one-month option periods as follows: Aug 15, 2013 – Sept 14, 2013 (Option 1); Sept 15, 2013 – Oct 14, 2013 (Option 2); Oct 15, 2013 – Nov 14, 2013 (Option 3).

3. Description of Supplies/Services: The National Guard uses this contract for a wide-array of servicing, including, but not limited to, the following: administrative support, program management, project management, training instructors, training coordinators, family support coordinators and medical records technicians.

4. Authority Cited: The statutory authority for this sole source procurement is the unusual and compelling urgency exception set out at 10 U.S.C. § 2304(c)(2). This statutory authority is implemented in the FAR at Subsection 6.302-2, “Unusual and Compelling Urgency.”

5. Reason for Authority Cited:

Our agency has strenuously attempted to award this contract competitively, however we are currently in the process of completing corrective action that was taken in response to a GAO protest that was filed against our previous award of this contract. That GAO protest was filed on 26 November 2012. After our agency informed GAO that we were taking corrective action, GAO dismissed the protest on 18 December 2013. Our agency further anticipates that there is a significant risk of subsequent protest litigation after the re-evaluation is completed based on the history of this procurement. We have attempted to tailor this contract carefully to allow for the new competitively awarded contract to replace this sole-source contract as soon as possible.

As explained in paragraph 3 (above) this contract is for a wide array of important services that are currently in use throughout the various National Guards in each state. If our agency is not able to have this contract in place during a likely CICA stay, the National Guard will be irrevocably harmed as a result. Currently, there are hundreds of task orders in place throughout the 54 states and territories providing critical services to our offices. Without this contract, contracting officers throughout the National Guard will not be unable to provide continued support and a lapse in service will occur. Services are being performed at crucial locations including Army mobility sites and NGB training sites, amongst other locations.

6. Efforts to Obtain Competition:

Our agency has strenuously attempted to obtain competition for these services. This is reflected by the fact that we are currently in the final stages of completing corrective action that was triggered by a GAO protest of a competition for these services. A more detailed explanation of the history of this procurement is set forth immediately below:

A predecessor contract for this current sole source was Contract Number W912JB-09-D-4000. It was awarded on September 2, 2009 to BPSI-MPSC LLC, JV for a period covering fiscal years 2009 - 2014 for these services throughout the National Guard in all states and territories. Although the original contract with options was set to expire in May, 2014, there was a higher than expected demand for these services which resulted in reaching original contract capacity much sooner than the contract’s ending date. One major contributor to this demand was placement of medical records technicians and support personnel in all 54 states and territories. Many organizations utilize this contract to obtain services that had previously been issued on non-DoD contracts. In June of 2011, NGB Surgeon General’s office obtained $11.9 million dollars to fund contract medical administration positions as a result of a manpower study. The states had only until mid July to have the contracts in place and funding obligated. The only way to successfully award contracts of this magnitude in such a short period of time was to turn to the PASS contract. This unexpected surge in volume quickly and significantly diminished the available capacity of this contract.

In September of 2011, the contract reached its ceiling. In response, the ceiling was increased from $90M to $101.5M to accommodate the increased demand for services. The $101.5 Million ceiling was soon reached, necessitating a new contract to bridge the requirement until we could get a new contract competitively awarded. Our agency recognized that a new competition was needed and acquisition planning for a competitively awarded contract for these services began. In November 2011, a Bridge contract (Contract Number W912JB-12-D-4000) was awarded with a $50M ceiling and a performance period of 15 Nov 2011 thru 14 May 2012 (with 3 one month options). On 13 December 2011, a Multiple Award Acquisition Strategy Plan was submitted to NGB PARC and NGB/JA for review and approval. A date uncertain after 25 January 2012, NGB required that the acquisition strategy be changed from a multiple award strategy to a single award strategy. On 03 Mar 2012, the revised Acquisition Strategy Plan was submitted to NGB PARC and NGB/JA for review and approval; approvals were received 15 Mar 2012. On 16 Mar 2012, the solicitation was submitted to NGB PARC and NGB/JA for review and approval. On 03 Apr 2012, we received NGB PARC and NGB/JA solicitation approval. On 03 Apr 2012, the Request for Proposals (RFP) was issued, and on 22 May 2012, the RFP closed. During this same time, on September 27, 2012, a notice of intent to increase capacity of the bridge contract (W912JB-12-D-4000) by $8M was synopsized on the Federal Business Opportunities website. On October 12, 2012, the Government issued the modification to increase the capacity and extended the bridge contract (under the authority of FAR 52.217-8, Option to Extend Services). Compliance reviews of the new PASS contract proposals concluded on 15 Jun 2012, and the source Selection Board convened on 02 Jul 2012. Evaluations were concluded on 15 August 2012 and documentation was turned over to the Source Selection Authority. On 26 August 2012, the Source Selection Authority submitted the award decision to NGB/JA. On 18 September 2012, we received the legal review with no objection to award. Per FAR 19.805, Competitive 8(a), upon conclusion of evaluations, a determination of eligibility was requested from the Small Business Administration (SBA). On 13 September 2012, the Government requested the Small Business Administration to affirm the apparent awardees’ eligibility. On 31 October 2012, we received notification from the U.S. Small Business Administration (Tennessee District Office), denying eligibility of the apparent successful offeror. The apparent successful offeror challenged the SBA’s findings; and on 8 November 2012, the SBA rescinded its earlier denial letter and affirmed HRCI-MPSC’s eligibility; resulting in the award being issued on 14 November 2012.

On 14 November 2012 the subsequent successor contract was awarded (Contract Number W912JB-13-D-4000) –However, the award was the subject of a GAO protest and the agency is currently taking corrective action as a result of that protest. The bridge contract (W912JB-12-D-4000) has reached capacity and its performance period will end on 14 February 2013. Therefore, it is the Governments intent to issue a new “bridge” contract (at the current option year 3 rates for the base period, and option year 4 rates for bridge contract options one through three) for a base period of 6 months with three separate one-month options. This time period is tailored to get us through an anticipated protest of the award that follows the current re-evaluation.

Due to the large-scale size and complexity of this contract, there is no viable way to hold a limited sources procurement. Any new contractor will require a phase in period and holding a limited sources competition in lieu of a sole source would have likely led to a disruption of services if anyone other than the incumbent contractor (BPSI-MPSC LLC, JV) were selected for award.

7. Actions to Increase Competition: This contract is currently in a competitive posture. As stated, our agency is finalizing the re-evaluation following corrective action taken in response to a GAO protest. Currently, there is nothing more that our agency can do to increase competition because we are in a competitive posture for this requirement.

8. Market Research: As explained, this contract is currently subject to competition and our agency is aware of the companies that are interested in performing these services as evidenced by the proposals for this contract.

9. Interested Sources: Multiple offerors have submitted proposals for this requirement. Since the contract is currently in a source selection posture, a release of those sources would not be appropriate at this time.

10. Other Facts: Discuss any other facts supporting the use of other than full and open competition, such as the following:

a. Procurement history:

(1) Contract numbers and dates of the last several awards. W912JB-09-D-4000 (awarded Sep 09); W912JB-12-D-4000 (Nov 2011/Bridge contract); W912JB-13-D-4000 (awarded Nov 2012)

(2) Competitive status of these actions. W912JB-09-D-4000 (competitive 8(a) award; W912JB-12-D-4000 (sole source/bridge contract); W912JB-13-D-4000 (competitive 8(a) award).

(3) Authority previously used for less than full and open competition. FAR 6.302-1, Only One Responsible Source.

(4) If a justification was prepared to support the procurement made before this one, a summary of the contents of paragraph 7 of the justification for that procurement and an explanation of the results. As stated in the paragraph above, in June of 2011, NGB Surgeon General’s office obtained $11.9 million dollars to fund contract medical administration positions as a result of a manpower study. The states had only until mid July to have the contracts in place and funding obligated. The only way to successfully award contracts of this magnitude in such a short period of time was to turn to the PASS contract. This unexpected surge in volume quickly and significantly diminished the available capacity of this contract. A successor contract, solicitation number W912JB-12-R-4000 was issued in 03 April 2012 as an 8(a) small business set- aside; resulting in award of contract W912JB-13-D-4000; which is now under protest”.

(5) If any prior award was accomplished by full and open competition, a detailed explanation of the changed circumstances. No changes in circumstances.

(6) An explanation of any unusual patterns which may be revealed by the history, e.g., several consecutive, urgent buys. See paragraph #6

(7) If a justification was prepared to support the procurement made before this one, briefly describe the circumstances justifying the buy and whether there have been any significant changes. As stated in the paragraph above, in June of 2011, NGB Surgeon General’s office obtained $11.9 million dollars to fund contract medical administration positions as a result of a manpower study. The states had only until mid July to have the contracts in place and funding obligated. The only way to successfully award contracts of this magnitude in such a short period of time was to turn to the PASS contract. This unexpected surge in volume quickly and significantly diminished the available capacity of this contract. A successor contract, solicitation number W912JB-12-R-4000 was issued in 03 April 2012 as an 8(a) small business set- aside; resulting in award of contract W912JB-13-D-4000; which is now under protest”.

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: Date: ___13 Feb 2013________________

Title: Signature: __//SIGNED//_____________

12. Requirements Certification: Include the following statement:

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: Date: ___13 Feb 2013________________

Title: Signature: __//SIGNED//_____________

13. Fair and Reasonable Cost Determination: Include the following determination:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.

Provide the basis for this determination (e.g., describe techniques to be used to determine fair and reasonable price, such as cost analysis, price analysis, audit, should cost, independent Government estimate, etc.). As part of this basis, indicate whether certified cost or pricing data will be required or if one of the exceptions in FAR 15.403 will apply.

Typed Name: Date: ___13 Feb 2013________________

Title: Signature: ___//SIGNED//____________

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

Typed Name: Date: ___13 Feb 2013________________

Title: Signature: __//SIGNED//_____________

Approval Based on the foregoing justification, I hereby approve the procurement of the services described in this J&A on an other than full and open competition basis pursuant to the authority of 10 U.S.C.2304(c)(2), subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Date: ___13 Feb 2013________________

Signature: __//SIGNED//_____________