APP_2018-0112_BAG_Justification_21_September_2018_FBO.pdf

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JUSTIFICATION FOR OTHER THAN

FULL AND OPEN COMPETITION

(FOR OPEN MARKET PROCUREMENTS ABOVE SAT)

Contracting Organization: Pension Benefit Guaranty Corporation (PBGC) / Procurement Department (PD)

Requisition Number: RQ-45-18-000022 and RQ-45-18-000024

Procurement Action Type: New Contract

Contract Number: N/A

Contractor Name or Brand Name Product: LMP Alliance LLC

Total Estimated Value: $

Only one responsible source and no other supplies or services will satisfy agency requirements (41 USC § 3304(a)(1), as implemented by FAR 6.302.1).

Expert Services (41 USC § 3304(a)(3) or 41 USC § 1901, as implemented by FAR 6.302-3).

1. AGENCY AND CONTRACTING ACTIVITY

2. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED

3. DESCRIPTION OF THE SUPPLIES OR SERVICES REQUIRED TO MEET THE AGENCY’S NEED

Supplies or services to be procured:

The Business Advisory Group (BAG) is a knowledge-based advisory and assistance service (A&AS) with a mission-oriented team in the Procurement Department created to achieve efficiencies by working with stakeholders in the PBGC Acquisition Team.

These services are A&AS and federal government oversight is provided by the Procurement Department through the Contracting Officer Representative (COR).

Supplies: Quantity and estimated value of each item to be procured: OR Services: Period of performance and estimated value of each service to be procured:

The services procured under this requirement encompass the entire acquisition lifecycle and are for non-standard acquisition services. The focus of these services is the faciliated generation of contractual documents as required by the FAR and the prevailing agency directives, policies and procedures. These services, while severable, require intimate knowledge and understanding of the program office, end users, and other agency stakeholders in order to timely facilitate the generation of contractual documents.

Base Period: 9/28/18 - 5/27/19 in the amount of $

4. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN COMPETITION

5. DEMONSTRATION THAT THE CONTRACTOR’S UNIQUE QUALIFICATIONS OR THE NATURE OF THE

ACQUISITION REQUIRES THE USE OF THE AUTHORITY CITED

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a. Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements:

This contract will be awarded to LMP Alliance LLC, a Woman Owned Small Business (WOSB) concern. This contractor possesses unique knowledge of existing policies, procedures, environment, and several high level projects that are still currently mid-stream, such as the creation of agency wide Quick Reference Guides and complex requirements.

Currently, the principal has provided support for the Field Office Support Service (FOSS) package, Alaskan Native Information Technology Consolidation Requirement, Field Office Leasing support, Issuance of Quick Reference Guides, and other complex and high level requirements that are sensitive to the execution of the agency. All of these requirements are long-lead items that require revisions, updates, or continued support. The services provided have been on average ongoing for over 10 months. This includes facilitation, discussions, and senior level advising with directors and C-Level leadership. Replication of cost, shifting milestone dates, and degradation of quality is a concern as a new vendor could not step in without significant harm to these ongoing procurement projects.

In accordance with FAR 19.1506(b), the contracting officer considered award to a WOSB before considering a small business set-aside. In accordance with FAR 19.1506(b), (1) the acquisition services described above is associated with a NAICS code 541611 that the SBA has determined WOSB concerns are substantially underrepresented in Federal procurement; (2) the contracting officer does not have a reasonable expectation that offers would be received from two or more WOSB concerns; (3) the total estimated award amount including options is less than $4M; (4) LMP Alliance LLC is a responsible contractor for performance through review of its current SAMs registration record and current performance of similar work); and (5) award can made at a fair and reasonable price (see IGCE and Market Research). The contracting officer also verified that none of the exclusions listed in 19.1504 apply, specifically requirements cannot be fulfilled through Federal Prison Industries, Inc., AbilityOne agencies, Indefinite-Delivery- Indefinite-Quantity orders, or Federal Schedule Supply orders.

Regarding whether two or more WOSB could perform the work, market research showed that due to the highly specialized work and the experience requirements of the principal, two or more WOSB concerns were unlikely to submit offers. Market Research yielded several companies that can provide similar services but they lacked the requisite experience in various areas that are non-standard in nature. Many of these non-standard pre-award documents have taken over 10 months to produce and impact agency awards and consolidation efforts for the next five years. Specifically, the FOSS Requirement, Agency lease consolidation efforts and IT streamlining procurements would be in jeopardy. It is therefore not practicable to deviate from the principal in hopes of ensuring another can meet quality, price, and deliverable schedules. Further, it is highly unlikely that if solicited an offer would be received from another WOSB. The requirements needed to execute, and understand the agency, are so specialized and unique that another capable WOSB would not be reasonably expected to submit an offer.

Based on the above, which shows all requirements of FAR 19.1506(b)(1) have been met, the contracting officer determined award to LMP Alliance LLC is appropriate and in the Government’s best interest.

b. Expert Services:

N/A

Market Research was conducted and did not return results of viable Woman-Owned vendors with the requisite knowledge and qualifications needed to complete these tasks. It is highly likely that no other Woman-Owned vendors have the capability to seemlessly continue the critical support needed to maintain program integrity. The duplication of cost and effort to maintain schedule and consistency of documentation is questionable with other potential Woman- Owned vendors. It is likely that cost and/or schedule to bring in another source is prohibitive and outweights the benefit of continuing these services with the principal. Other day-to-day contracting support services do not outweight the cost or schedule implications and have therefore been competed and awarded as an agency Indefinite Delivery Indefinite Quantity (IDIQ) contract.

6. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT QUOTATIONS OR OFFERS ARE SOLICITED

FROM AS MANY POTENTIAL SOURCES AS PRACTICABLE

7. DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED COST TO THE

GOVERNMENT WILL BE FAIR AND REASONABLE

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A determination that the cost/price is fair and reasonable shall be made before the contract action is issued. Actions to be taken:

The contracting officer will do a comparison of proposed contract prices with prices contained in current or previous contracts, FSS prices, catalog prices, data and perform a cost and price analysis to ensure that the cost to the Government for this acquisition will be fair and reasonable and represent the most efficient acquisition. Additional information, including historic cost information available from current and previous contracts of similar services within the Procurement Department are also available to make this determination.

The search for related services via GSA Advantage resulted in many companies who offer the personnel with the certifications and experience required to meet the Government’s needs. GSA Schedules such as MOBIS and others were reviewed and showed over 100 possible small businesses, and even more Large Businesses that could possibly meet the generalized objectives of the procurement. Though there are many companies with GSA schedules that could provide a solution, it would be more advantageous to the Government to solicit open market as a set-aside vs soliciting through the GSA schedule program due to the unique and specialized requirements outlined in Section 5 above.

N/A

N/A

The Procurement Department intends to conduct further market research to find other capable WOSBs that meet this requirement. Further, industry days, coordination with the OSDBU, and issuance of RFIs are all planned. The Procurement Department (PD) will compete this requirement during the sole source transition period and gain the services of a business entity that can provide high level strategic non-standard procurement services with a focus on facilitating high risk and complexity solutions for the program office(s). LMP Alliance has specific knowledge related to these on-going efforts. The Government will make every attempt to acquire any future requirements on a competitive basis by bringing these initial projects to completion and ensuring that the Federal staff is properly trained and familiar with the guide(s)/supplement that are being created.

I hereby certify that this Justification, and all supporting data, are accurate and complete to the best of my knowledge and belief.

Teesa Roberts Program Office/COR

21 September 2018 Signature Date

I hereby certify that this Justification, and all supporting data, are accurate and complete to the best of my knowledge and belief.

8. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE RESULTS, OR A STATEMENT

OF THE REASON MARKET RESEARCH WAS NOT CONDUCTED

9. OTHER FACTS SUPPORTING THE USE OF SOLE SOURCE

10. LISTING OF SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN INTEREST IN THE ACQUISITION

11. STATEMENT OF THE ACTIONS THE AGENCY MAY TAKE TO REMOVE OR OVERCOME ANY

BARRIERS TO COMPETITION BEFORE MAKING ANY SUBSEQUENT ACQUISITION FOR THE

SUPPLIES OR SERVICES REQUIRED

12. TECHNICAL OR REQUIREMENTS PERSONNEL’S CERTIFICATION

13. CONTRACTING OFFICER’S REVIEW OR APPROVAL

original signed

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Justification does not exceed $700K - I approve this Justification.

Justification exceeds $700K

Teesa Roberts Contracting Officer

21 September 2018 Signature Date

I have reviewed this Justification, and all supporting data, and find it to be accurate and complete to the best of my knowledge and belief.

Justification exceeds $700K but does not exceed $13.5M - I approve this Justification.

Justification exceeds $13.5M

Steven Kvalevog Competition Advocate

Signature Date

I approve this Justification for OTFAOC.

Senior Procurement Executive

Signature Date

14. COMPETITION ADVOCATE’S REVIEW OR APPROVAL

15. SENIOR PROCUREMENT EXECUTIVE’S APPROVAL (For Justifications that exceed $13.5M) original signed

N/A