A04 FAR 8 Limited Sources Justification COVID-19 AAR _ FE - Redacted.pdf

DEPARTMENT OF WAR

WASHINGTON HEADQUARTERS SERVICES

1155 DEFENSE PENTAGON

WASHINGTON, DC 20301-1155

ACQUISITION DIRECTORATE

WHS-2025-1919

LIMITED-SOURCES JUSTIFICATION (LSJ)

UNDER FEDERAL ACQUISITION REGULATION SUBPART 8.4

1. AGENCY AND CONTRACTING ACTIVITY: The Department of War, Washington Headquarters Services, Acquisition Directorate, Office of the Under Secretary of War, Personnel & Readiness.

2. DESCRIPTION OF ACTION: The proposed action is for a firm-fixed price task order to be issued under the General Services Administration (GSA) Multiple Award Schedule (MAS) 541611, Management and Financial Consulting, Acquisition and Grants Management Support, and Business Program and Project Management Services pursuant to FAR 8.405-6(a)(1)(i)(B), “Only one source is capable of providing the supplies or services required at the level of quality because the supplies or services are unique or highly specialized.” The Government intends to restrict consideration to the National Academy of Public Administration (NAPA) to acquire COVID-19 After Action Report (AAR) services.

3. DESCRIPTION OF SUPPLIES/SERVICES: The Department of War (DoW) requires an independent, evidence-based AAR of its COVID-19 vaccine policy decisions and implementation. The purpose of this effort is to evaluate how the Department’s policies were developed, applied, and communicated, and to identify lessons learned that can strengthen future medical readiness and force health protection practices.

The Contractor will perform a comprehensive review of the Department’s COVID-19 policy timeline, including the vaccine mandate, exemption adjudications, discharges, rescission, and reinstatement processes. The work will include document and data analysis, structured stakeholder engagement, comparative review of historical vaccine policies, and assessment of operational impacts on readiness, retention, morale, and deployability.

The effort will result in an unclassified final report authored by an independent panel of subject matter experts and impacted stakeholders composed of nationally recognized former Cabinet officials, Service Secretaries, Surgeons General, Inspectors General, senior OSD leaders, and other top-tier practitioners. The report will include findings, analysis, and actionable recommendations to improve policy consistency, transparency, and accountability across the Department. Interim updates and observation briefings will also be provided as needed to maintain alignment and ensure the review meets Department objectives.

Performance Periods

Performance Period Dates Amount

Base Period 12 months from award

4. CIRCUMSTANCES JUSTIFYING LIMITED SOURCES: 8.405-6(a)(1)(i)(B), Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized.

This requirement is being issued on a limited-sources basis in accordance with FAR 8.405- 6(a)(1)(i)(B), as only one source is capable of performing the required effort at the level of quality and expertise needed. NAPA was chartered by Congress under Public Law 97-257 (April 10, 1984) as a nonprofit, nonpartisan organization to provide independent and authoritative advice to improve the effectiveness, efficiency, and accountability of the Government.

While the Public Law charter itself does not explicitly grant statutory authority for noncompetitive awards (such as this), NAPA’s contracting position and treatment under the FAR have remained consistent for over two decades. The Office of Federal Procurement Policy (OFPP), established that NAPA should be treated similarly to the National Academy of Sciences (NAS) for contracting purposes due to its congressional charter, independence, and unique mission, validated through NAPA’s continued sole source work with multiple federal departments and agencies, including the Department of the Navy, Department of Energy, Centers for Disease Control and Prevention, and Department of Justice Office of the Inspector General.

The DoW uses vaccines to protect military personnel from diseases that can cause death and impair operational readiness. Historically, vaccine policy has balanced force health protection with individual medical and administrative considerations. However, the COVID-19 vaccine mandate – enacted in August 2021 and rescinded in January 2023 – resulted in the administrative discharges of over 8,100 Service members and raised institutional concerns about policy consistency, exemption adjudication, and long-term trust in medical readiness requirements.

While the DoW routinely waives medical requirements, including granting waivers for certain vaccines (e.g., influenza), based on operational context or individual medical or religious circumstances, its COVID-19 policy diverged from precedent. To restore trust and improve future policy, DoW has an urgent need for a comprehensive review of its COVID-19 vaccine policy decisions, implementation, and impacts on readiness, personnel, and public perception.

This will require an AAR of its COVID-19 vaccine policy decisions which requires a contractor with the appropriate knowledge and skill-set, to include subject-matter depth to conduct this analysis and research. NAPA is an organization with a combination of (1) independent expert panel obtain candid cooperation and produce an authoritative AAR of this sensitivity in a timely manner that meets the Department’s need for transparency, operational rigor, and lasting policy improvement. This effort requires not merely technical analysis and expertise, but it further requires an independent, publicly credible, and institutionally trusted evaluation of sensitive personnel and medical policy decisions, and NAPA can provide the required level of quality the Government is seeking at this time. NAPA is the only responsible source capable of fulfilling the requirement at the level of rigor, neutrality, and expertise required by the Government.

5. BEST VALUE DETERMINATION: The Contracting Officer determines that this action represents the best value to the Government. NAPA currently holds an active GSA Schedule contract. In accordance with FAR 8.404(d), Pricing, GSA has already determined the prices of supplies and fixed-price services, and rates for services offered at hourly rates, under schedule contracts to be fair and reasonable.

Additionally, NAPA has an extensive record of successfully performing complex, independent studies for federal agencies such as the Agricultural Research Service, Architect of the Capitol, Federal Aviation Administration (FAA), and Centers for Disease Control and Prevention (CDC).

These engagements have consistently demonstrated exceptional quality analytical rigor, and timeliness. NAPA’s personnel include nationally recognized Fellows and senior analysts with substantial experience in federal management, organizational assessment, and policy evaluation.

The combination of its established GSA contract vehicle, exemplary past performance, and highly qualified subject-matter experts ensures that NAPA will deliver an objective, evidence-based AAR that meets the Government’s requirements efficiently and credibly.

The combination of its established Schedule contract vehicle, exemplary past performance, and highly qualified subject-matter experts provide strong assurance that NAPA can deliver an objective, evidence-based AAR that meets the Government’s technical and mission needs.

Accordingly, this proposed acquisition offers the best overall value to the Government in terms of technical merit, cost efficiency, and mission alignment.

6. MARKET RESEARCH: The Government conducted market research to identify contractors capable of performing the required work. The market research included a review of GSA eLibrary and outreach to organizations with demonstrated expertise in independent policy research and evaluation. This market research identified several research entities with general contract that aligns with the labor categories and scope required for this effort.

To further assess technical capability, The Office of the Under Secretary of War for Personnel and Readiness (OUSW(P&R)) coordinated with multiple non-profit independent research entities and solicited approaches, methodology, study design, and expertise from each.

OUSW(P&R) then met, over a period of a week, held meetings with each potential research providers to review their proposed methodologies, study designs, subject-matter expertise, and organizational capacity. Following these engagements, the Department solicited further inputs on each potential provider’s capability and capacity to be responsive to the Department’s scoping for this effort. Based on the outcomes of those meetings and the follow-up information, in which study methodology, expertise, approach, design, were discussed, senior leaders from OUSW(P&R) met and concluded that while several non-Schedule entities possess general research capability, only NAPA offers the unique combination of a Congressional charter, government credibility, and nonpartisan independence necessary to achieve the primary objectives of the Department with respect to this effort. In addition to these unique qualifications, NAPA is the only organization with these attributes that also holds a GSA Schedule contract.

Utilizing the Schedule enables the Government to access pre-negotiated terms, established labor categories, and pricing that significantly reduces administrative burden and supports timely award. Based on this market research, the Government determined that fulfilling the requirement through the GSA Schedule program and limiting consideration to NAPA is the most advantageous acquisition approach.

7. OTHER SUPPORTING FACTS: NAPA is an independent, non-partisan institution chartered by the Congress with the mission of assisting agencies with significant public management challenges and recommending timely actions. Since its establishment in 1967, NAPA has responded to numerous requests for assistance from the Congress and federal departments and agencies on issues of importance. Although Congress may commission studies directly, agencies are likewise authorized to engage NAPA for independent assessments within their functional areas. NAPA’s membership comprises distinguished Fellows who are former senior executives, agency leaders, and experts in governance and management, offering unparalleled institutional knowledge and credibility. Because of its congressional charter, nonpartisan standing, and proven record of delivering objective analyses for federal entities, NAPA is uniquely positioned as the only responsible source capable of conducting the required COVID-19 AAR consistent with the independence, rigor, and impartiality necessary to meet the Government’s needs.

Awarding this requirement to any other entity would compromise the integrity and perceived neutrality of the study’s findings and would not serve the Government’s best interests given the sensitivity of this AAR. Selecting a contractor that lacks the independence, public trust, and findings among Congress, the Services, veterans, and the public.

8. ACTIONS TO REMOVE OR OVERCOME ANY BARRIERS THAT LEAD TO THE

RESTRICTED CONSIDERATION BEFORE ANY SUBSEQUENT ACQUISITION FOR

THE SUPPLIES OR SERVICES IS MADE:

The Government recognizes the importance of promoting future competition and will take appropriate actions to reduce reliance on limited-sources awards. The results of NAPA’s COVID-19 AAR will provide critical insights and recommendations that will help define clear, repeatable study methodologies and performance standards. Market research will be conducted periodically to identify additional qualified sources capable of providing independent, evidence-based analysis of comparable scope and quality. The Government will engage with industry, academia, and other independent organizations to expand the potential competitive base for future analytical and evaluation efforts.

9. If this acquisition is for new work as a logical follow-on to on original Federal Supply Schedule (FSS), was the original order was placed under the FSS ordering procedures?

Yes, the original acquisition was issued on a competitive basis.

No, a copy of the previous justification is attached. The actions to remove any barriers to competition cited on the previous justification were were not completed.

Not Applicable. This is a new requirement.

CERTIFICATION

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

Contracting Officer’s Representative/Program Office

Date

, Contracting Officer Date

APPROVAL

This justification is approved.

, Competition Advocate Date