LSJ_GSA_FSS__Over_SAT_FAR_8.405_-Redacted.pdf

United States Department of the Interior

INTERIOR BUSINESS CENTER

Washington, DC 20240

LIMITED-SOURCES JUSTIFICATION

AUTHORITY: FAR 8.405-6 and 40 U.S.C 501

SOL #140D0419Q0252

This acquisition is conducted under the authority of the Multiple Award Schedule Program.

1. Identification of the agency and contracting activity, and specific identification of the document as a “Limited-Sources Justification.”

This is a Limited Source Justification executed by the Department of the Interior (DOI), Interior Business Center (IBC), Acquisition Services Directorate (AQD), Division 1, on behalf of the Nuclear Regulatory Commission, Office of the Inspector General (NRC OIG).

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

This justification is for a logical follow-on to a previously competed Federal Supply Schedule (FSS) order. The vendor considered is Willis Towers Watson US LLC.

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

The NRC OIG requires survey design and analyses for both the NRC and the Defense Nuclear Facilities Safety Board (DNFSB). The purpose of this work is to assist the NRC OIG with a recurring Safety Culture and Climate survey of both the NRC’s and DNFSB’s workforce. The contractor will provide all necessary resources to conduct a comprehensive study to measure the organizational safety culture and climate. This includes conducting interviews and focus groups, developing, marketing, administering a survey instrument, and analyzing and reporting the results to OIG, NRC, and DNFSB. The estimated value of this action is for a single, non-severable period of performance of 18 months.

4. The authority and supporting rationale (see 8.405-6(a)(1)(i) and (b)(1)) and, if applicable, a demonstration of the proposed contractor’s unique qualifications to provide the required supply or service.

FAR 8.405-6(a)(1)(i)C – In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order or BPA must not have been previously issued under sole-source or limited-sources procedures.

The previous iteration of the Safety Culture and Climate survey was performed by Willis Towers Watson under two separate competitive FSS orders issued by NRC in FY15;

NRCHQ7K15T0001 for the DNFSB and NRCHQ3015T0001 for the NRC. The AQD

SOL #140D0419Q0252

Contracting Officer contacted Willis Towers Watson on July 3, 2019 to request the survey questions used during the previous iteration in order to compete this requirement. However, Willis Towers Watson informed the AQD Contracting Officer on July 9, 2019 that the survey questions used were proprietary and developed at private expense from a database used for several clients. Furthermore, the survey questions cannot be obtained under the previous orders as they did not include the necessary data rights clause. As the survey results are compared against previous Willis Towers Watson survey results (1998, 2002, 2006, 2009, 2012 and 2015), it is essential for the survey instrument used to be identical to previous iterations. This allows for the identification of trends, strengths, and opportunities for improvement. The new work to be performed under this proposed task order is therefore related to the work previously performed by the contractor, and requires the use of its proprietary survey questions to provide the maximum benefit to the government.

5. A determination by the ordering activity contracting officer that the order represents the best value consistent with FAR 8.404(d).

Per FAR 8.404(d), the General Services Administration (GSA) has previously determined that the prices of supplies and services under GSA’s FSS contracts to be fair and reasonable.

However, the Contracting Officer (CO) will seek further price discounts and make a separate determination as to the reasonableness of the vendor’s pricing quotation. The CO will compare pricing against historical prices paid for the same or similar services (including with the previous task orders with Willis Towers Watson) and against Government cost estimates.

6. A description of the market research conducted among schedule holders and the results or a statement of the reason market research was not conducted.

Market research was conducted in June 2019 by reviewing the FSS. However, because the survey questions used are proprietary to Willis Towers Watson, no other vendor is capable of providing the required services.

7. Any other facts supporting the justification.

None.

8. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for supplies and services is made.

The Government intends to remove the barrier that led to restricted competition by requiring the delivery and rights to the survey questions. This will be accomplished by the use of clauses FAR 52.227-14 Rights in Data - General and FAR 52.227-15 Representation of Limited Rights Data and Restricted Computer Software with this proposed task order. In addition, the survey questions will be listed as a deliverable upon the completion of the task order. The delivery and rights to the survey questions would allow subsequent acquisitions to be competitive.

SOL #140D0419Q0252

9. The ordering activity contracting officer’s certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief.

I certify this justification is accurate and complete to the best of my knowledge and belief.

Date

Contracting Officer

10. Evidence that any supporting data that is the responsibility of technical or requirements personnel (e.g., verifying the Government’s minimum needs or requirements or other rationale for limited sources) and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel.

I certify the technical data which forms a basis for this justification is complete and accurate and meet the Government’s minimum needs.

Date

NRC OIG Program Office/COR

11. For justifications under 8.405-6(a)(1), a written determination by the approving official identifying the circumstance that applies.

FAR 8.405-6(a)(1)(i)C – In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures.

12. Reviews and Approvals

Concur

Date

Branch Chief

Approve

Date

Division Chief

8/9/19

08/09/19

8/9/19

08/14/2019