2022-08-25-FOIA-Contractors-IP1001D.pdf

Consumer Product Safety Commission Revised: 5/06/19 Office of Procurement Services Reviewed/Current 5/06/19

Form F1001A - Justification for Other than Full and Open Competition

1. Requisition number and title: CPS-3000-22-0014 Modifying Task Order 61320622F0062-GS- 23F-0031X

2. Description of the Supplies and Services Required: Modification of an existing Firm-Fixed Price Task Order in order to change the overall Task Order's required FOIA Request Closing Rate from 77 to 114 per month.

3. Period of Performance: 28 June 2022 through December 31, 2022 (no change)

4. Estimated Value (to include options): Total value of the award will be increased by $100,000.00 from $198,000.00 to $298,000.00.

5. Description of effort made to ensure that offers are solicited from as many potential sources as practical: The initial award action was a competitive Task Order of off a pre-competed GSA Schedule. The next contract action will be competitive, as required by FAR 8.405-6(a)(1)(i)(C).

6. Reason for Other Than Full and Open Competition (check one):

_X__ a. Only one responsible source and no other supplies or services will satisfy agency requirements. – Logical follow-on to a competitive GSA Schedule Task Order – issued as a modification.

___ b. Only a particular Brand Name item can meet the Government’s need. In section 7, justify why only the particular brand of item and no others can meet the government’s needs.

___ c. Unusual and compelling urgency. In section 7, justify why the event could not have reasonably been planned for and why the Government would be seriously injured if sources are not limited.

___ d. Industrial mobilization; engineering, developmental, or research capability; or expert services. In section 7, justify one of the following:

i. Why a contract must be awarded to maintain a facility, producer, manufacturer, supplier, or service provider in case of a national emergency;

ii. Why CPSC needs to maintain essential research and development capability;

or

iii. Why CPSC needs to acquire services of an expert or neutral person for any current or anticipated litigation or dispute.

___ e. International agreement. In section 7, please provide the name of the International

Agreement.

__ f. Authorized or required by statute.

___g. National security.

___h. Public interest (must be approved by Chairman).

7. Justification for sole source (not competing the requirements):

CPSC is issuing modification P00001 to Task Order 61320622F0062 under the authority of FAR 8.405-6(a)(1)(i)(C) as a logical follow-on – the increase in level of effort would be beyond the scope of the original award. In the interest of efficiency and to keep the current rates, this action is being pursued as a modification, rather than as a new sole-source award. The original Task Order No. 61320622F0062-GS-23F-0031X has NOT been previously issued under sole-source or limited sources procedures. This procurement action is a modification to an original Federal Supply Schedule order whereby the original order was placed in accordance with the applicable Federal Supply Schedule Fair Opportunity ordering procedures and not as sole source or limited source procedures. The purpose of the modification increasing the required FOIA Request Closing Rate is to allow the necessary efforts and manpower meeting the mission goal in closing all FY2022 FOIA request by 31 December 2022. Following the increase manpower in order to meet the demand in closing FY2022 FOIA requests contemplated herein, a competitive acquisition for future support is anticipated.

Furthermore, the current incumbent contractor – K. TEYA MOORE & ASSOCIATES PA is closing several FOIA Requests directly related to this procurement action. In particular, a new contractor would have to complete the on-boarding process during first month of a new contract award. This will be time consuming and negatively impact the US CPSC ability to meeting the required 100% FY2022 FOIA Request to be closed no later than 31 December 2022. Therefore, a modification to increase Attorney manpower to the current Task Order is necessary to make significant progress. It will be lost if this work cannot continue at its current state with the incumbent contractor.

8. Insert contractor name, address and telephone number:

K. TEYA MOORE & ASSOCIATES PA

Attn: KIEYASIEN K MOORE

12530 FAIRWOOD PKWY STE 103

Bowie, MD 20720-6357 Tel: (301) 860-0885

9. Contracting Officer’s Representative (COR): Abioye Mosheim

10. Originating Office/AED: ____________________________________________

CERTIFICATION – This form and all supporting data are complete and accurate:

Signature of COR Date

CONCURRENCE:

Signature of AED/Office Director Date

CERTIFICATION AND DETERMINATION (to be completed by Contracting Officer)

Comments:

Authority: FAR 8.405-6(a)(1)(i)(C) and 41 U.S.C.3304(a)(1), basis: _is for a logical follow-on to an original competitive Federal Supply Schedule Order.

Contracting Officer Date

ADDITIONAL APPROVALS (as required):

Competition Advocate (greater than $700,000.00, but not over $13 million) Date

Senior Procurement Executive ($13 million or more) Date

GCIA