A04_Justification_&_Approval_Documentation_Redacted.pdf

Justification for Other than Full and Open Competition

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by FAR Subpart

6.3 and in accordance with the requirements of FAR 6.303-1, the justification for the use of the statutory authority under FAR Subpart 6.3 is justified by the following facts and rationale required under FAR 6.303-2 as follows:

(1). Agency and Contracting Activity -The Office of Justice Programs, Acquisition Management Division

(AMD), proposes to enter into a contract on a basis other than full and open competition.

(2). Nature and/or description of the action being approved. – In accordance with U.S.C. Title 5, Part Ill, 7905, Programs to Encourage Commuting by Means Other Than Single Occupancy Motor Vehicles, the Office of Justice Programs (OJP) offers federal employees transit benefits on a monthly basis. OJP has a requirement to procure Washington Metropolitan Area Transit Authority (WMATA or Metro) SmartBenefits services from WMATA via the SmartBenetifs program for the purpose of disbursing monthly transit allowances to Office of Justice Programs (OJP) employees. The only vendor in this metropolitan area to offer public rail and bus transportation services to commuters is WMATA, (202) 962-1567, 600 Fifth St., N.W. Washington, D.C. 20001.

(3). Description of Supplies/Services. -Through the WMATA SmartBenefits programs, OJP employees are able to download monthly transit benefits to their WMATA Smartcard for the purpose of commuting to and from work via Metro Rail, Metro Bus, local bus and rail service including: Metro Access (Shared van pool), MARC Train and Virginia Railway Express (VRE).

The IRS has approved a monthly transit allowance of up to $255.00 per month for eligible government employees. Under this requirement, OJP will provide transit benefits for an estimated 480 OJP federal employees to utilize public/mass transportation when commuting to and from work.

The estimated cost is $507,000.00.

(4). Identification of Statutory Authority Permitting Other Than Full and Open Competition. The statutory authority permitting other than full and open competition is 10 USC 2304(c)(1) implemented by the Federal Acquisition Regulation (FAR) Subpart 6.301-1 entitled "Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements".

(5). Demonstration That the Nature of the Acquisition Require Use of the Authority Cited. This requirement is a continuation of public transportation benefits to federal employees based on U.S.C. Title 5, Part Ill, 7905, Programs to Encourage Commuting by Means Other Than Single Occupancy Motor Vehicles, which is designed to improve air quality, reduce traffic congestion, and conserve energy by encouraging employees to commute by means other than single occupancy motor vehicles. WMATA is the sole source to offer public, mass transportation services (metro rail and bus) to commuters in the Washington Metropolitan area.

(6). Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable. WMATA is the sole source to offer public, mass transportation services (metro rail and bus) to commuters in the Washington Metropolitan area.

SHELVEE

BROWN

Digitally signed by

SHELVEE BROWN

(7}. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable. The contracting officer determines that the WMATA transit rates to be fair and reasonable and align with other rail and commuter systems. In addition, the Internal Revenue Service (IRS) preapproves transit allowance. (FAR Part 15.4).

Location Rail Bus

WMATA l $2.25 $2.00

New York- MTA $2.75 $2.75

Pennsylvania -SEPTA $2.25 $2.25

Chicago - CTA $2.50 $2.25

Atlanta- MARTA I $2.50 $2.50

{8}. Description of Market Research. No market research conducted due to historical information and acquisition history that demonstrates there is no other vendor that offers metro rail and bus transportation services and Smart Benefits to commuters in this area. In addition, the Internal Revenue Service (IRS) preapproves transit allowance.

Contracting Officer's Certification I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

Contracting Officer Date

Technical/Requirements Personnel Certification I certify this requirement meets the Government's minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

Technical Representative Date

APPROVAL:

Contracting Officer Date escalonf Stamp