J-and-A-Federal-Supply-Schedule UPS 2020 12-13-2019 signed.pdf

Template for a Federal Supply Schedule (FSS) Limited-Sources Justification

Completion Instructions: HHS has established a standard template for the preparation of a Limited-Sources Justification (LSJ) pursuant to FAR Subpart 8.4. This template is for use with orders issued under the Federal Supply Schedule (FSS) program where the value exceeds simplified acquisition threshold and competition is restricted: (1) to fewer schedule contractors than required in FAR 8.405-1, 8.405-2, or 8.405-3, or (2) to an item peculiar to one manufacturer. See FAR Subpart 8.4 for additional guidance. This template is not for use with acquisitions other than those under FAR Subpart 8.4.

Tailor all aspects of this template to the individual acquisition. Consult FAR 8.405-6 for guidance. An addendum may be added in case additional space is needed.

When this document is printed, the blue italic instructions are automatically deleted on the printed version.

FEDERAL SUPPLY SCHEDULE

LIMITED-SOURCES JUSTIFICATION

Acquisition Title: Ground Transportation Services

Agency: ASPR

Acquisition Year (FY): 20

Author: Adrian B. Curtis; Emergency Management Specialist (Transportation)

2. Description of Action:

Nature: New Requirement Follow-on Requirement

Modification to Existing Purchase Order/Contract Number:

Pricing: Firm-Fixed Price Time & Materials Cost

Other:

Funds: OMA Other Funds:

<For each proposed contractor if more than one (e.g., brand name):>

Name of Proposed Contractor(s): UNITED PARCEL SERVICE, INC.

Street Address: 1620 VALWOOD PKWY STE 115

City, State, Zip: CARROLLTON, TEXAS 75006-8321

Remove ContractorAdd Contractor

3. Description of Supplies and Services to Include Contract Vehicle/Number Utilized:

The Strategic National Stockpile (SNS) is the Nation’s repository for medical supplies, drugs, vaccines and other related equipment. SNS has a need to establish a logical follow-on contract, under the current task order/BPA & GSA schedule, to United Parcel Service, Inc.[ BPA No. HHSD2002014F57823B/Task Order 200-2018-F-00428], to provide 24 hours per day 365 days per year, ground transportation services to transport Strategic National Stockpile (SNS) assets throughout the 50 United States, the U.S. Territories and interests, in the event of a national emergency or crisis. Failure to provide these assets, (which contain critical life saving medical and pharmaceutical supplies) could have catastrophic consequences and hinder the Federal Government's ability to respond to an event. Awarding this requirement to a different vendor(s) would undermine the agency’s endeavor to provide on going ground transportation services.

The estimated value of the proposed action, including all options, is $ 1,964,326.00

Briefly describe the supplies or services to be provided, including make & model number where appropriate. Indicate whether the item to be procured is peculiar to one manufacturer (e.g., a particular brand name, product, or a feature of a product, peculiar to one manufacturer). If applicable, include quantities of supplies or period of performance for services.

Provide information for any options included in the order. If the action is a modification to an existing order, distinguish clearly between the work covered by the basic order and the work to be obtained by the proposed modification.

The Strategic National Stockpile (SNS) requires ground transportation services 24 hours per day, 365 days per year, for rapid movement of Strategic National Stockpile (SNS) assets throughout the 50 United States, the U.S. Territories and interests. The POP-Base Year: 01/01/2020-12/31/2020 & Option Year: 01/01/2021-12/31/2021.

4. Authority:

ORDER AGAINST FSS: Authority of the Multiple Award Schedule Program, Title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251, et seq.); Title 40 U.S.C. 501, Services for Executive Agencies; and Section 803 of the National Defense Authorization Act of 2002 (PL 107-107) and implemented by FAR 8.405-6. Mark the applicable exception and for each discuss how the cited authority applies in accordance with FAR 8.405-6(c)(2)(iv).

An urgent and compelling need exists, and following the procedures would result in unacceptable delays (FAR 8.405-6(a)(1)(i)(A));

Only one source is capable of providing the supplies or services required at the level or quality required because the supplies or services are unique or highly specialized (FAR 8.405-6(a)(1)(i)(B));

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 (FAR 8.405-6(a)(1)(i)(C)); or

Due to the delay and transition of SNS to ASPR, SNS Ground Transportation Services are at a critical stage. UPS has prior experience under the current BPA providing these services. Therefore, a logical Follow-on task order must be issued on a sole source basis to UPS in the interest of economy and efficiency to ensure life saving medical and pharmaceutical supplies are delivered in the event of a public health emergency.

The relationship between the initial Task Order (TO) 200-2018-F-00428 and the follow-on is logical because the required services for this follow-on effort to provide ground transportation of medical countermeasures, are an integral aspect of the SNS meeting its mission. The follow-on effort will provide essentially the same services as in the initial order and those services are increasingly critical because the transition of SNS to ASPR which intensifies SNS’s role in responding to public health emergencies. It is crucial that UPS perform this work. Maintaining maximum stability at this time, with the current vendor and known processes, greatly enhances efficiency for the Government by providing continuity of essential transportation services while working through the evolving changes resulting from the recent transition of SNS from CDC to ASPR, and allowing that impact to be more thoroughly assessed, understood, and integrated into the new organization.

The transfer of SNS, which is a large program managing ~$8 billion in assets and a budget of approximately $1 billion annually, happened on an accelerated basis, with the law that mandated the transfer being passed only 6 months before the transfer date. The transfer of SNS is effectively a large, complex Program Management Responsibility Transfer (PMRT) action, and the short time frame meant that, of necessity, the details of assessment and implementation are occurring now. Meanwhile, the essential functions and the mission of the organization must continue.

Executing a re-compete and a resulting delay in providing these essential services can result in serious injury, financial or other, to the Government due to the unacceptable jeopardy that would be posed to the health of the general public and most critically, have a direct effect on SNS’s ability to save lives.

An item peculiar to one manufacturer can be a particular brand name, product, or a feature of a product, peculiar to one manufacturer). A brand name item, whether available on one or more schedule contracts, is an item peculiar to one manufacturer. (FAR 8.405-6(b)).

When competition is limited to items peculiar to one manufacturer, this justification must explain why the particular brand name, product, or feature is essential to the Government's requirements, and that market research indicates other companies' similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency's needs in accordance with FAR 11.105.

5. Market Research:

Describe the extent of the market research conducted among the schedule holders and the results, or a statement of the reason that market research was not conducted. Brand name specifications shall not be used unless the particular brand name, product, or feature is essential to the Government’s requirements, and market research indicates other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency’s need.

To ensure the delivery of SNS assets throughout the 50 United States, the U.S. Territories and interests. SNS must have a minimum of 3 vendors who are capable of providing ground transportation services. The current SNS Ground Transportation BPA currently has 3 separate task orders with the following vendors: UPS, FedEx, and Panther Transportation.

6. Actions to Increase Competition:

Describe the actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration prior to any subsequent acquisition for the supplies or services is made. If no such actions have been taken, explain why.

Under the current BPA, award holders of the GSA Schedule for the SNS Ground Transportation services were given a fair opportunity to be considered for the original order, and 3 competitive proposals were received. To remove future competition barriers. SNS will post a sources sought on FBO to determine capable vendors to perform transportation services. In addition, SNS will host an industry day event to scope out potential vendors.

7. Any other facts supporting the justification:

Uninterrupted access to ground transportation services is essential to meet readiness needs and ensure assets containing critical life saving medical and pharmaceutical supplies are delivered throughout the 50 United States, the U.S. Territories and interests timely.

8. Technical / Requirements Certification: By my signature below, I certify that the supporting data under my review which is included in this Limited-Sources Justification is accurate and complete.

Program Manager

Name: Shirley Mabry

Position Title: Chief, Operational Logistics Branch

Email address: aiq8@cdc.gov

Phone: 404 639-2595

Program Manager Supervisor (or one level above Program Manager)

Name: Greg Burel

Position Title: Director, Strategic National Stockpile

Email address: wbu1@cdc.gov

Signature:

Date:

9. Best Value Determination: By my signature below, after review of the relevant documents, I have determined that the order subject to this Limited-Sources Justification represents the best value for the Government as set forth in FAR 8.404(d), and constitutes a fair and reasonable price. The basis for my determination is as follows:

Describe in detail the basis for the determination that this order provides the best value, and that the price is fair and reasonable. Attach and/or summarize applicable market research, commercial prices lists, comparable GSA schedule pricing or other markers that were used in this determination.

Hourly rates established in accordance with the BPA& GSA Schedule contract and procedures apply. A price quote will be obtained from UPS before the award is made. The Contracting Office will assess the proposal and will make a determination that the price is fair and reasonable in accordance with procedures described in FAR part 8.

10. Contracting Officer's Approval (Required for proposed contract not to exceed $700,000 (value calculated including all options)): I hereby certify that this justification is accurate and complete to the best of my knowledge. I approve this justification subject to the availability of funds, and provided that the services and supplies herein described have otherwise been approved for acquisition.

Name: Kimberly Golden Phone: 770-488-2672

Signature: Date: 12/16/2019

11. Legal Review:

All J&As greater than $68 million must have a legal review from the General Law Division of the Office of the General Counsel prior to sending it to the Department.

12. OPDIV Competition Advocate Approval (Required for proposed contract over $700,000 but not exceeding $13.5 million (value calculated including all options)):

I have reviewed this justification and find that it adequately supports limiting sources.

Name: Phone:

Signature: Date:

13. Office of Small and Disadvantaged Business Utilization:

I have reviewed this justification and find that it adequately supports limiting sources.

Name: Phone:

Signature: Date:

14. OPDIV HCA Approval (Required for proposed contract over $13.5 million but not exceeding $68 million (value calculated including all options)):

Name: Phone:

Signature: Date:

15. Department Competition Advocate:

Concur: Non-Concur:

Name: Phone:

(The below approval paragraph is required if the cumulative contract value, including all options, exceeds $68 million.)

16. HHS Senior Procurement Executive (SPE) Approval:

Based on the foregoing justification, I hereby approve limiting sources for the above stated procurement, subject to the availability of funds, and provided that the services herein described have otherwise been authorized for acquisition.

State supplies/services being procured:

State the full statutory authority and FAR cite and title, consistent with paragraph 4, e.g. 41 U.S.C. 3304:

Name: Phone:

Template for a Federal Supply Schedule (FSS) Limited-Sources Justification

Completion Instructions: HHS has established a standard template for the preparation of a Limited-Sources Justification (LSJ) pursuant to FAR Subpart 8.4. This template is for use with orders issued under the Federal Supply Schedule (FSS) program where the value exceeds simplified acquisition threshold and competition is restricted: (1) to fewer schedule contractors than required in FAR 8.405-1, 8.405-2, or 8.405-3, or (2) to an item peculiar to one manufacturer. See FAR Subpart 8.4 for additional guidance. This template is not for use with acquisitions other than those under FAR Subpart 8.4.

Tailor all aspects of this template to the individual acquisition. Consult FAR 8.405-6 for guidance. An addendum may be added in case additional space is needed.

When this document is printed, the blue italic instructions are automatically deleted on the printed version.

FEDERAL SUPPLY SCHEDULE

LIMITED-SOURCES JUSTIFICATION

2. Description of Action:

Nature:

Pricing:

Funds:

<For each proposed contractor if more than one (e.g., brand name):>

3. Description of Supplies and Services to Include Contract Vehicle/Number Utilized:

Briefly describe the supplies or services to be provided, including make & model number where appropriate. Indicate whether the item to be procured is peculiar to one manufacturer (e.g., a particular brand name, product, or a feature of a product, peculiar to one manufacturer). If applicable, include quantities of supplies or period of performance for services. Provide information for any options included in the order. If the action is a modification to an existing order, distinguish clearly between the work covered by the basic order and the work to be obtained by the proposed modification.

4. Authority:

When competition is limited to items peculiar to one manufacturer, this justification must explain why the particular brand name, product, or feature is essential to the Government's requirements, and that market research indicates other companies' similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency's needs in accordance with FAR 11.105.

5. Market Research:

Describe the extent of the market research conducted among the schedule holders and the results, or a statement of the reason that market research was not conducted. Brand name specifications shall not be used unless the particular brand name, product, or feature is essential to the Government’s requirements, and market research indicates other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency’s need.

6. Actions to Increase Competition:

Describe the actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration prior to any subsequent acquisition for the supplies or services is made. If no such actions have been taken, explain why.

7. Any other facts supporting the justification:

8. Technical / Requirements Certification: By my signature below, I certify that the supporting data under my review which is included in this Limited-Sources Justification is accurate and complete.

Program Manager Name:

Position Title:

Email address:

Phone:

Program Manager Supervisor (or one level above Program Manager) Name:

Position Title:

Email address:

Signature:

Date:

9. Best Value Determination: By my signature below, after review of the relevant documents, I have determined that the order subject to this Limited-Sources Justification represents the best value for the Government as set forth in FAR 8.404(d), and constitutes a fair and reasonable price. The basis for my determination is as follows:

Describe in detail the basis for the determination that this order provides the best value, and that the price is fair and reasonable. Attach and/or summarize applicable market research, commercial prices lists, comparable GSA schedule pricing or other markers that were used in this determination.

10. Contracting Officer's Approval (Required for proposed contract not to exceed $700,000 (value calculated including all options)): I hereby certify that this justification is accurate and complete to the best of my knowledge. I approve this justification subject to the availability of funds, and provided that the services and supplies herein described have otherwise been approved for acquisition.

Name:

Phone:

Signature:

Date:

11. Legal Review:

All J&As greater than $68 million must have a legal review from the General Law Division of the Office of the General Counsel prior to sending it to the Department.

12. OPDIV Competition Advocate Approval (Required for proposed contract over $700,000 but not exceeding $13.5 million (value calculated including all options)):

I have reviewed this justification and find that it adequately supports limiting sources.

Name:

Phone:

Signature:

Date:

13. Office of Small and Disadvantaged Business Utilization:

I have reviewed this justification and find that it adequately supports limiting sources.

Name:

Phone:

Signature:

Date:

14. OPDIV HCA Approval (Required for proposed contract over $13.5 million but not exceeding $68 million (value calculated including all options)):

Name:

Phone:

Signature:

Date:

15. Department Competition Advocate:

Concur:

Non-Concur:

Name:

Phone:

Signature:

Date:

(The below approval paragraph is required if the cumulative contract value, including all options, exceeds $68 million.)

16. HHS Senior Procurement Executive (SPE) Approval:

Based on the foregoing justification, I hereby approve limiting sources for the above stated procurement, subject to the availability of funds, and provided that the services herein described have otherwise been authorized for acquisition.

State supplies/services being procured:

State the full statutory authority and FAR cite and title, consistent with paragraph 4, e.g. 41 U.S.C. 3304:

State the full statutory authority and FAR cite and title, consistent with paragraph 4, e.g. 41 U.S.C. 3304 Name:

Phone:

Signature:

Date:

11.0.0.20130303.1.892433.887364 Justification & Approval - Federal Supply Schedule Health and Human Services Justification & Approval - Federal Supply Schedule

The relationship between the initial Task Order (TO) 200-2018-F-00428 and the follow-on is logical because the required services for this follow-on effort to provide ground transportation of medical countermeasures, are an integral aspect of the SNS meeting its mission. The follow-on effort will provide essentially the same services as in the initial order and those services are increasingly critical because the transition of SNS to ASPR which intensifies SNS’s role in responding to public health emergencies. It is crucial that UPS perform this work. Maintaining maximum stability at this time, with the current vendor and known processes, greatly enhances efficiency for the Government by providing continuity of essential transportation services while working through the evolving changes resulting from the recent transition of SNS from CDC to ASPR, and allowing that impact to be more thoroughly assessed, understood, and integrated into the new organization.

The transfer of SNS, which is a large program managing ~$8 billion in assets and a budget of approximately $1 billion annually, happened on an accelerated basis, with the law that mandated the transfer being passed only 6 months before the transfer date. The transfer of SNS is effectively a large, complex Program Management Responsibility Transfer (PMRT) action, and the short time frame meant that, of necessity, the details of assessment and implementation are occurring now. Meanwhile, the essential functions and the mission of the organization must continue.

Executing a re-compete and a resulting delay in providing these essential services can result in serious injury, financial or other, to the Government due to the unacceptable jeopardy that would be posed to the health of the general public and most critically, have a direct effect on SNS’s ability to save lives.