Sole Source Justification - Posting Version.pdf

DEPARTMENT OF TRANSPORTATION

FEDERAL HIGHWAY ADMINISTRATION

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

1. Identification of the agency and the contracting activity

The U.S. Department of Transportation’s (USDOT), Federal Highway Administration (FHWA) Headquarters (HQ), Office of Acquisition and Grants Management (HCFA), 1200 New Jersey Avenue, S.E., Washington, DC 20590.

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

The purpose of this action is to execute a new sole source contract to a Woman Owned Small Business (WOSB) under Federal Acquisition Regulation (FAR) 19.1506(b), “Woman-Owned Small Business Program Sole Source Awards.” The intended source is Jaedicke Consulting LLC and the estimated amount of the award is $ . The contract is for technical expertise and support services for the Build America Bureau’s (Bureau) airport credit assistance and project delivery program.

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

USDOT seeks to secure comprehensive technical expertise and support services for the Bureau airport credit assistance and project delivery program. The award will be for expertise and support that enables the Bureau to design and implement an airport credit assistance and airport infrastructure project delivery program. The Contractor must build effective working relationships with stakeholders and customers and review, compare, and synthesize ideas and other information to build recommendations for Bureau leadership.

The award includes developing for Bureau consideration:

• an outreach and engagement strategy, including messaging and technical content, and identifying potential customers for Bureau airport credit and innovative project delivery assistance. Customers include project sponsors, potential applicants, applicants, potential borrowers, borrowers, and other direct stakeholders.

• policies, roles, responsibilities, and processes to optimize organizational performance, effectiveness, efficiency, resilience, and employee and customer experience in the airport credit assistance and infrastructure project delivery program.

• an inventory of requirements applicable to federally assisted airport infrastructure projects.

• a strategy for continuous communication with customers and stakeholders.

• a plan for the Bureau to train and maintain the proficiency of its managers, staff, and contractors on, and promote compliance with, the policies, roles, responsibilities, and processes.

The estimated total cost of this anticipated contract is $ , consisting of a 12-month base period of performance, with four 12-month option years, for a total potential of 60 months.

4. Statutory authority permitting other than full and open competition

This award will be made under FAR 13.500, “Simplified Procedures for Certain Commercial Products and Commercial Services.” This justification is being prepared as required by FAR 13.501(a)(1)(ii), using the format and content described in FAR 6.303-

2. The authority permitting other than full and open competition is FAR 6.302-5, “Authorized or Required by Statute.” This award will be a sole source award under FAR 6.302-5(b)(7), “Sole Source Awards Under the WOSB Program – 15 U.S.C. 637 (see

[FAR] 19.1506).”

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

The nature of this acquisition requires use of the authority cited. Under FAR 19.1506(b), a WOSB sole source award is appropriate where the acquisition is assigned a North American Industry Classification System (NAICS) code in which the Small Business Administration has determined that WOSB concerns are substantially underrepresented in Federal procurement, the Contracting Officer does not have a reasonable expectation that offers would be received from two or more WOSBs, the award value is below $4.5 million, and the WOSB concern has been determined to be a responsible contractor with respect to performance, and the award can be made at a fair and reasonable price.

The Government determined that this requirement falls under NAICS 541611, “Administrative Management and General Management Consulting Services,” which is a NAICS code eligible for WOSB set aside or sole source awards.

As discussed in Section 6 below, the Government posted a sources sought notice (SSN) to determine capable sources for this requirement. As a result of the SSN, two sources were identified, but only one was a WOSB under NAICS 541611. Accordingly, based on market research the Government does not have an expectation of receiving offers from two or more WOSBs.

The total estimated value of this award including options is approximately $ million which is below the $4.5 million threshold.

As discussed in Sections 6 and 7, the WOSB concern was determined to be a responsible contractor and FHWA’s Contracting Officer will perform a thorough price analysis of the Offeror’s proposal to ensure the price is fair and reasonable.

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

A SSN was posted on GSA E-Buy and SAM.gov on June 27, 2023, with a response date of July 11, 2023, to see what sources were available to meet this requirement. Two responses were received and both were determined to be capable. However, only one respondent qualified as a WOSB under NAICS 541611.

7. Determination that the anticipated cost to the Government will be fair and reasonable

The FHWA’s Contracting Officer will ensure that all costs associated with the proposed contract are fair and reasonable by performing a thorough price analysis of the Offeror’s proposal. If necessary, the Contracting Officer may also request other than certified cost or pricing data in accordance with FAR 15.403-3.

8. Description of the market research conducted and the results or a statement of the reason market research was not conducted

The primary market research technique employed was the SSN discussed in Section 6.

The Government only identified two capable sources and only one of the sources qualified as a WOSB under the relevant NAICS.

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

None.

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

The Government received two responses to its SSN as shown in the table below.

Name Business Type Under NAICS 541611

8(a) Jaedicke Consulting LLC WOSB, Small Business

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 supplies or services required.

The SSN discussed in Section 6 of this document only found two capable sources, only one of which was a WOSB. Before recompeting this requirement, the Government will conduct additional market research to determine if more sources have become available.

Approvals Signature Pages

Based upon the preceding information, I hereby recommend approval of this Justification for Other than Full and Open Competition to award a contract on a sole source basis to Jaedicke Consulting LLC.

_August 1, 2023________ Date

Date

Date

Date

Date

Date

Date

Date

Contracting Officer’s Representative

, Contracting Officer

Office of Acquisition & Grants Management

, Team Leader

Office of Acquisition & Grants Management

, Executive Director

Build America Bureau

, Director

Office of Acquisition & Grants Management

Attorney Advisor Office of Chief Counsel

Chief of the Contracting Office

Competition Advocate

8/4/23

8/4/23

8/11/23

8/15/23

8/22/23

8/24/23