Sole_Source_Justification_(002).pdf

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Sole Source Justification

Completion Instructions:

1. Identification of the agency and contracting activity:

a. Federal agency and contracting activity.

Department of Health and Human Services/Food and Drug Administration (HHS/FDA)

b. Sponsoring organization.

Office of Medical Products and Tobacco, Scientific Staffing Team, OC/OMPT/SST

c. Contracting Officer’s Representative (COR)/Requiring Activity Point of Contact (POC) information.

i. Name: Maria Runge

ii. Mailing address: 10903 New Hampshire Avenue, B71, 3213C, Silver Spring, MD 20993

iii. E-mail address: maria.runge@fda.hhs.gov

iv. Telephone number: 240-402-6569

2. Nature and/or description of the action being approved.

The Food and Drug Administration (FDA), Office of Medical Products and Tobacco (OMPT) is requesting the purchase of advertising lease space on Washington Metropolitan Area Transit Authority (WMATA) properties for a period of 12 months.

a. Acquisition purpose and objectives.

Rapid advances in the science and technology of human drug development and manufacturing require FDA’s human drug review program staff to keep pace with scientific advances and apply innovative methods and techniques to the review of new therapies. OMPT has created a dedicated team charged with the continuous recruiting, staffing, and retention of scientific, technical and professional personnel to review new applications for human drugs. The OMPT team is conducting proactive outreach to source qualified candidates and conduct competitive recruiting campaigns to fill vacancies that require top scientific technical and professional talent.

Part of this continuous outreach is an FDA Branding Campaign that includes advertising to an audience of commuting professionals through broad WMATA multimedia (paper, electronics and mobile) advertising on trains, buses and in individual stations. This campaign will direct potential candidates to the www.fda.gov/jobs website to inform them of the FDA mission and jobs in areas designated for active recruitment.

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The outcome of this campaign will be included as part of the reporting to Congress under the PDUFAVI final commitment directives.

b. Project background.

Over the past 5 years, the Agency has struggled with challenges related to its hiring processes.

Since regaining in-house control of hiring functions from the Department of Health and Human Services, the FDA has encountered problems with managing human resources life-cycle activities.

Over the last few months, FDA has embarked on a bold journey to completely reimagine its hiring process. The Branding Campaign is a critical component of the FDA’s strategic plan to improve the efficiency and effectiveness of FDA human resource operations

3. Description of the supplies or services required to meet the agency’s needs (including the estimated value).

a. Project title.

Washington Metropolitan Area Transit (WMATA) Advertising Campaign

b. Project Description.

The Contractor will be required to provide the multimedia advertising lease space services on Washington Metropolitan Area Transit Authority (WMATA) properties for a period of 12 months.

Advertising will be on rail car cards, ONSmart Digital Liveboards, Mobile Advertising, and Taillight Bus Displays.

Requirement type.

☐ Research & Development (R&D)

☐ R&D support services

☒ Support services (non-R&D)

☐ Supplies/equipment

☐ Information Technology (IT)

☐ Construction

☐ Architect-Engineer (A&E) services

☐ Design-build

☐ Other:

Type of action.

☒ New requirement

☐ Follow-on

☐ Other:

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Proposed contract/order type.

☒ Firm-fixed-price

☐ Other fixed-price:

☐ Cost-plus-fixed-fee

☐ Other cost reimbursement:

☐ Time and materials

☐ Indefinite delivery:

☐ Other:

☐ Completion Form

☐ Term Form

Acquisition identification number.

Washington Metropolitan Area Transit (WMATA) Advertising Campaign

c. Total estimated dollar value and performance/delivery period.

$247,850

4. Identification of the statutory authority permitting other than full and open competition. Check the applicable block below based on the acquisition circumstance.

Federal Acquisition Regulation (FAR):

☐ 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements. This acquisition is conducted under the authority of United States Code (U.S.C.) 10 U.S.C. 2304(c)(1) or 41 U.S.C. 3304(a)(1).

☐ 6.302-2 Unusual and compelling urgency. This acquisition is conducted under the authority of United States Code (U.S.C.) 10 U.S.C. 2304(c)(2) or 41 U.S.C. 3304(a)(2).

☐ 6.302-3 Industrial mobilization; engineering, developmental, or research capability; or expert services. This acquisition is conducted under the authority of United States Code (U.S.C.) 10 U.S.C. 2304(c)(3) or 41 U.S.C. 3304(a)(3).

☐ 6.302-4 International agreement. This acquisition is conducted under the authority of United States Code (U.S.C.) 10 U.S.C. 2304(c)(4) or 41 U.S.C. 3304(a)(4).

☐ 6.302-5 Authorized or required by statute. This acquisition is conducted under the authority of United States Code (U.S.C.) 10 U.S.C. 2304(c)(5) or 41 U.S.C. 3304(a)(5).

☐ 6.302-6 National security. This acquisition is conducted under the authority of United States Code (U.S.C.) 10 U.S.C. 2304(c)(6) or 41 U.S.C. 3304(a)(6).

☐ 6.302-7 Public interest. This acquisition is conducted under the authority of United States Code (U.S.C.) 10 U.S.C. 2304(c)(7) or 41 U.S.C. 3304(a)(7).

https://www.acquisition.gov/far/html/Subpart%206_3.html http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2304c&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter33&edition=prelim https://www.acquisition.gov/far/html/Subpart%206_3.html http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2304c&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter33&edition=prelim https://www.acquisition.gov/far/html/Subpart%206_3.html http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2304c&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2304c&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter33&edition=prelim https://www.acquisition.gov/far/html/Subpart%206_3.html http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2304c&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter33&edition=prelim https://www.acquisition.gov/far/html/Subpart%206_3.html http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2304c&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter33&edition=prelim https://www.acquisition.gov/far/html/Subpart%206_3.html http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2304c&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter33&edition=prelim https://www.acquisition.gov/far/html/Subpart%206_3.html http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2304c&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter33&edition=prelim

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☒ 13.501(a)(1)(ii) Sole source, including brand name, under Simplified Procedures for Certain Commercial Items. This acquisition is using this justification format, modified to reflect that the procedures in FAR subpart 13.5 were used in accordance with 41 U.S.C. 1901 or the authority of 41 U.S.C. 1903.

5. Demonstration that the proposed contractor(s) unique qualifications or the nature of the acquisition requires use of the authority cited.

a. Name and address of the proposed contractor(s).

OUTFRONT Media 1325 Massachusetts Ave, NW, Ste 200 Washington, DC 20005-4102

(202) 775-9115 / OUTFRONTmedia.com Government Business POC: Neil Best – neil.best@outfrontmedia.com - (973) 575-6900

b. Nature of the acquisition and proposed unique qualifications of the contractor(s).

WMATA has confirmed that OUTFRONT Media is the sole source provider for the existing inventory of advertising space within the Washington Metropolitan Area Transit Authority properties through June 30, 2019.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under 5.202 applies.

The FDA has verified directly with the Washington Metropolitan Area Transit Authority (WMATA) that OUTFRONT Media is the sole source vendor for providing bus, railcar and station facility advertising space for lease through 30 June 2019. WMATA provided a confirmation letter to the FDA dated 28 December 2017.

7. Determination by the Contracting Officer that the anticipated cost/price to the Government will be fair and reasonable.

A fair and reasonable price determination will be made prior to award.

8. Description of the market research conducted (see FAR Part 10) and the results, or a statement of the reasons market research was not conducted.

The FDA received confirmation directly from WMATA that OUTFRONT media is the only vendor authorized to provide advertising services in WMATA property (see letter dated 28 December 2017).

9. Any other facts supporting the use of other than full and open competition.

OUTFRONT Media is the sole provider of these services through 30 June 2019. Postponement of this sole source award would result in an unacceptable delay in fulfilling this immediate requirement.

10. Listing of sources, if any, that expressed, in writing, an interest in the acquisition.

https://www.acquisition.gov/far/html/Subpart%2013_5.html https://www.acquisition.gov/far/html/Subpart%2013_5.html http://uscode.house.gov/view.xhtml?req=(title:41%20section:1901%20edition:prelim) http://uscode.house.gov/view.xhtml?req=(title:41%20section:1903%20edition:prelim) https://www.acquisition.gov/far/html/Subpart%205_2.html https://www.acquisition.gov/far/html/Subpart%205_2.html https://www.acquisition.gov/?q=browse/far/10

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There are no other sources that are authorized to provide these services on WMATA Property.

11. Statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the required supplies or services.

The FDA anticipates the potential for a successor requirement in the future if it is determined that the outcome of the campaign is successful. The WMATA agreement with OUTFRONT media expires in June 2019 and may be renegotiated or re-competed, potentially allowing an opportunity for increased competition at some time in the future.

12. Program office certification.

This is to certify that the portions of this justification that have been developed by the undersigned program office personnel, including supporting information and/or data verifying the Government’s minimum needs, schedule requirements and other rationale for other than full and open competition, are accurate and complete.

Signature:____________________________________

Maria Runge COR/Requiring Activity POC

May 3, 2018

Signature:____________________________________

Melanie Keller COR/POC Immediate Supervisor

May 3, 2018

Signature:____________________________________

Melanie Keller Head of the Sponsoring Program Office

May 3, 2018

13. Contracting Officer Certification.

This is to certify that the justification for the proposed acquisition has been reviewed and that to the best of my knowledge and belief the information and/or data provided to support the rationale and recommendation for approval is accurate and complete.

Michelle Creenan Contracting Officer

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14. Competition Advocate signature.

Competition Advocate

15. Division Director and Head of the Contracting Activity signature(s).

Division Director

Head of the Contracting Activity

16. HHS Senior Procurement Executive signature.

HHS Senior Procurement Executive