JA Limited-Sources Translations - CO 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: ACF Translations and Interpretation Services Support

Agency: PSC

PSC Divisions: Other - HHS

PSC Other Divisions: Administration for Children and Families (ACF)

Acquisition Year (FY): 24

Author: Risha Holmes

2. Description of Action:

Nature: New Requirement Follow-on Requirement

Modification to Existing Purchase Order/Contract Number: 47QRAA23D003Y/75ACF124F80048

Pricing: Firm-Fixed Price Time & Materials Cost

Other:

Funds: OMA Other Funds: No year funds

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

Name of Proposed Contractor(s): PRESCIENT TECHNOLOGIES LLC

Street Address: 880 HARRISION ST SE, Suite 156

City, State, Zip: LEESBURG, VA 20175

Remove ContractorAdd Contractor

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

The purpose of this non-personal service contract (47QRAA23D003Y/75ACF124F80048) is to obtain expertise in providing translations and interpretation of foreign languages for written, electronic, graphic, and multimedia content and training with appropriate cultural nuance to ensure equitable communications and outreach to non-English or limited-English speaking and hearing-impaired individuals and communities to ensure compliance with LEP requirements and the Executive Order on Advancing Racial Equity and Support for Underserved Communities Through the Federal Government (EO 13985).

The estimated value of the proposed action, including all options, is $ 296,587.64

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 Office of Communications requests an increase level of effort modification on the ACF Translations and Interpretation Services Support contract (47QRAA23D003Y/75ACF124F80048). Following a competitive acquisitions cycle amongst small businesses, ACF awarded the contract to PRESCIENT TECHNOLOGIES LLC to provide expert services in translating written, electronic, graphic, and multimedia materials and interpreting speech from one language to another.

ACF leadership has identified additional capacity building priorities critical to supporting individuals and communities impacted by recent natural disasters and media controversies that have significantly affected non-English speaking and limited English proficiency (LEP) communities, including migrant populations served by ACF programs. ACF must now bolster its capacity to translate a greater volume of written, electronic, graphic, and multimedia content to meet the increased demand for information and access to ACF supports. Additionally, it is essential that ACF provide training and outreach for individuals who may be visually or hearing impaired, as well as those with limited English proficiency to ensure it can disseminate timely information about critical programs and services, incorporating the necessary cultural nuances to promote equitable access for targeted populations, as emphasized in the Executive Order on Advancing Racial Equity and Support for Underserved Communities Through the Federal Government (EO 13985), Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act, and the HHS Language Access Plan requirements which supports equal opportunity for all to participate in and benefit from ACF programs; ensures communications with individuals with disabilities are as effective as with others; and that reasonable steps are taken to provide meaningful access to people with LEP.

The increased capacity is within scope of the current contract and includes increased word counts and hours for supported translations and interpretation services to meet the needs of LEP and hearing impaired populations along with aforementioned statutes and policies.

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));

PRESCIENT TECHNOLOGIES LLC is uniquely positioned as the current vendor to provide specialized and expert interpreters and translation specialists to meet ACF's priorities given the time constraints and need to provide timely responses to all populations related to the ongoing emergency response support for natural disasters including Hurricane Helene and the acute need to bolster the safety and well-being of ACF's service populations.

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

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.

Though there may be other capable vendors that can perform work but this work, due to the urgency, modifying the existing task order 47QRAA23D003Y/75ACF124F80048, is the most viable option for additional work. The increased level of effort is critical for the success of meeting requirements outlined in EO 13985.

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.

In order to increase competition for future requirements, the Government will conduct market research and post a sources sought notice to see what other companies can provide this requirement.

7. Any other facts supporting the justification:

N/A

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: Risha Holmes

Position Title: Digital Communications Director

Email address: risha.holmes@acf.hhs.gov

Phone: 202-260-1527

Program Manager Supervisor (or one level above Program Manager)

Name: Kenneth Wolfe

Position Title: OC Deputy Director

Email address: kenneth.wolfe@acf.hhs.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.

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: Brandon Atchison Phone: 202-897-6678

Signature: Date: 09/30/2024

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: Patrick Joy Phone: (202) 951-0133

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:

The purpose of this non-personal service contract (47QRAA23D003Y/75ACF124F80048) is to obtain expertise in providing translations and interpretation of foreign languages for written, electronic, graphic, and multimedia content and training with appropriate cultural nuance to ensure equitable communications and outreach to non-English or limited-English speaking and hearing-impaired individuals and communities to ensure compliance with LEP requirements and the Executive Order on Advancing Racial Equity and Support for Underserved Communities Through the Federal Government (EO 13985).

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:

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

ACF leadership has identified additional capacity building priorities critical to supporting individuals and communities impacted by recent natural disasters and media controversies that have significantly affected non-English speaking and limited English proficiency (LEP) communities, including migrant populations served by ACF programs. ACF must now bolster its capacity to translate a greater volume of written, electronic, graphic, and multimedia content to meet the increased demand for information and access to ACF supports. Additionally, it is essential that ACF provide training and outreach for individuals who may be visually or hearing impaired, as well as those with limited English proficiency to ensure it can disseminate timely information about critical programs and services, incorporating the necessary cultural nuances to promote equitable access for targeted populations, as emphasized in the Executive Order on Advancing Racial Equity and Support for Underserved Communities Through the Federal Government (EO 13985), Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act, and the HHS Language Access Plan requirements which supports equal opportunity for all to participate in and benefit from ACF programs; ensures communications with individuals with disabilities are as effective as with others; and that reasonable steps are taken to provide meaningful access to people with LEP.

The increased capacity is within scope of the current contract and includes increased word counts and hours for supported translations and interpretation services to meet the needs of LEP and hearing impaired populations along with aforementioned statutes and policies.