J-and-A-Limited-Sources-Justification-Federal-Supply-Schedule_(HHS_PGI_-_FAR_8.4)_GRB.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: Automated Government Retirement and Benefits Calculator for HHS

Agency: PSC

PSC Divisions: ASA - Assistant Secretary for Administration

Acquisition Year (FY): FY19

Author: Megan Brickey and Lara Wheeler

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): Government Retirement and Benefits, Inc.

Street Address: 330 John Carlyle Street, Suite 600

City, State, Zip: Alexandria, VA 22314-5760

Remove ContractorAdd Contractor

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

The services to be procured are annual subscription services to the Government Retirement and Benefits (GRB) Platform under Government Retirement and Benefits, Inc. GSA Contract Number GS-35F-0047S (Schedule 70, Category 132.32 - Term Software License).

The vendor, GRB Inc., has an automated web-based self-service system in place that allows government employees to access information on retirement, HR, payroll, benefits and training on a 24/7 basis. The estimated 70-80k HHS employees can search and view this information on any web browser without contacting live HHS resources for information.

The estimated value of the proposed action, including all options, is $ 2,457,600.00

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 objective of this procurement is to continue the annual subscription for the GRB Platform licenses currently in use across HHS. GRB Platform is a self-service system that allows HHS federal employees to:

• Have 24/7 access to personal benefits and retirement information

• Use retirement calculators to perform "what-if" scenarios to assist in planning for the future

• Review a Total Compensation Statement

• Complete electronic forms to print for submission

• View benefit and retirement courses that are designed to reach employees at all stages of their careers

These subscription services are currently provided by GRB, Inc. under contract/order number GS35F0047S / HHSP233201400497G under GSA Schedule 70 which was awarded on 09/30/2014. The current order expires on September 29, 2019.

The requirement is for brand name software that is peculiar to one manufacturer.

The new award shall have a period of performance of 09/30/2019 through 09/29/2020, plus four (4) 12-month option periods. The total potential period of performance, including options, will be 09/30/2019 through 09/29/2024.

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));

"Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized." GRB, Inc. is the only service provider capable of providing subscription services on GRB's own platform. Utilizing a different vendor for these services would duplicate much of the design work already completed by GRB and would severely disrupt the continuity of services for the approximately 70,000 to 80,000 HHS employees who rely on this service for timely, accurate and reliable information in order to make time-sensitive HR decisions. Users would lose the ability to instantly access their own important employee benefits information such as retirement and payroll benefits.

Significant infrastructure and training dollars have gone into supporting and promoting the unique functionalities and advantages of the GRB Platform to HHS staff. Use of the GRB Platform has become part of the HR offerings framework and to move away from the product would be a significant, costly setback that would result in the duplication of efforts and work already completed by GRB, Inc.

Acquiring subscription services via any other vendor would potentially result in a duplication of efforts, a severe disruption in the project and service continuity.

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.

The GRB Platform provided only by GRB, Inc. has provided for the previous several years through the current contract vehicle a full-service tool for all retirement calculations and benefits information access needs for the Department of Health and Human Services. Heavily invested in their platform, DHHS has built an infrastructure surrounding the system to best service agency personnel which includes training, support specialists, usage and instructional material to institutionalize the use of the tool.

Alternatives to GRB that have been explored have not met the capability requirements that have been serviced by GRB, and market research has shown rates for similar functionalities are significantly more costly. Additionally, replacing GRB would require extenuating expenses to integrate and institutionalize at the same level as the current system, driving up costs substantially.

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.

Market research was conducted and exploration into several other options made it clear that continuing services with GRB, Inc. would be the best solution, considering the institutional investments that have already been made to support the system. Other systems did not provide all the services provided through GRB and were not amenable to the existing HR services infrastructure.

In order for another vendor to implement a system that works with the existing HR infrastructure, duplication of efforts would be required as indicated above, and this would result in users being without service for a lengthy period of time. The disruption would be widespread for HHS employees planning for retirement. Emailed notifications were recently distributed to HHS employees informing them of new features to soon be made available with GRB Platform. The new features will allow for the electronic submission of retirement requests and other benefit requests. If the contract is not awarded to GRB, Inc. these upgraded features will no longer be available, resulting in future retirement planning will be delayed and the impact would be widespread, affecting many HHS employees.

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.

OHR will continue the market research throughout the Base Period and Option Periods to seek out other capable vendors, and work with PSC to determine when the requirement can be competed by leveraging GSA Schedule 70 or other strategic sourcing methods for software subscription services.

If it is determined that services are still required after the follow-on order’s expiration date of September 29, 2024 the requirement will be competed.

Future Enhancements and improvements to EHCM and HR data Systems will allow for institutionalizing alternative platforms that cannot be readily utilized at this time. It is anticipated that such enhancements will result in increased competition and it is expected that more than one vendor will be capable of providing the subscription service that GRB, Inc.

currently provides.

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: Joyce Cooper

Position Title: Human Resource Specialist

Email address: joyce.cooper@hhs.gov

Phone: (202) 260-1270

Program Manager Supervisor (or one level above Program Manager)

Name: Donna Kramer

Position Title: Director, HR Program Oversight Division

Email address: donna.kramer@hhs.gov

Signature:

Date: 09/26/2019

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.

GRB, Inc. is a GSA Schedule 70 contract holder, and the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The services to be acquired are Firm Fixed Price subscription services.

GSA has already determined the prices of supplies and fixed-price services under schedule contracts to be fair and reasonable.

A separate determination of fair and reasonable pricing is not required. The order represents the best value and results in the lowest overall cost alternative (considering price, special features, administrative costs, etc.) to meet the Government's needs.

The Contracting Officer will be seeking a price reduction as required.

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: Megan Brickey Phone: (301) 492-5399

Signature: Date: Sep 26, 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: Melissa McAbee Phone: 301-492-4710

Signature: Date: 27 Sept 19

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 services to be procured are annual subscription services to the Government Retirement and Benefits (GRB) Platform under Government Retirement and Benefits, Inc. GSA Contract Number GS-35F-0047S (Schedule 70, Category 132.32 - Term Software License).

The vendor, GRB Inc., has an automated web-based self-service system in place that allows government employees to access information on retirement, HR, payroll, benefits and training on a 24/7 basis. The estimated 70-80k HHS employees can search and view this information on any web browser without contacting live HHS resources for information.

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

The vendor, GRB Inc., has an automated web-based self-service system in place that allows government employees to access information on retirement, HR, payroll, benefits and training on a 24/7 basis. The estimated 70-80k HHS employees can search and view this information on any web browser without contacting live HHS resources for information.

• Have 24/7 access to personal benefits and retirement information

• Use retirement calculators to perform "what-if" scenarios to assist in planning for the future

• Review a Total Compensation Statement

• Complete electronic forms to print for submission

• View benefit and retirement courses that are designed to reach employees at all stages of their careers

These subscription services are currently provided by GRB, Inc. under contract/order number GS35F0047S / HHSP233201400497G under GSA Schedule 70 which was awarded on 09/30/2014. The current order expires on September 29, 2019.

The requirement is for brand name software that is peculiar to one manufacturer.

The new award shall have a period of performance of 09/30/2019 through 09/29/2020, plus four (4) 12-month option periods. The total potential period of performance, including options, will be 09/30/2019 through 09/29/2024.

State the full statutory authority and FAR cite and title, consistent with paragraph 4, e.g. 41 U.S.C. 3304: "Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized." GRB, Inc. is the only service provider capable of providing subscription services on GRB's own platform. Utilizing a different vendor for these services would duplicate much of the design work already completed by GRB and would severely disrupt the continuity of services for the approximately 70,000 to 80,000 HHS employees who rely on this service for timely, accurate and reliable information in order to make time-sensitive HR decisions. Users would lose the ability to instantly access their own important employee benefits information such as retirement and payroll benefits.

Significant infrastructure and training dollars have gone into supporting and promoting the unique functionalities and advantages of the GRB Platform to HHS staff. Use of the GRB Platform has become part of the HR offerings framework and to move away from the product would be a significant, costly setback that would result in the duplication of efforts and work already completed by GRB, Inc.

Acquiring subscription services via any other vendor would potentially result in a duplication of efforts, a severe disruption in the project and service continuity.

State the full statutory authority and FAR cite and title, consistent with paragraph 4, e.g. 41 U.S.C. 3304: The GRB Platform provided only by GRB, Inc. has provided for the previous several years through the current contract vehicle a full-service tool for all retirement calculations and benefits information access needs for the Department of Health and Human Services. Heavily invested in their platform, DHHS has built an infrastructure surrounding the system to best service agency personnel which includes training, support specialists, usage and instructional material to institutionalize the use of the tool.

Alternatives to GRB that have been explored have not met the capability requirements that have been serviced by GRB, and market research has shown rates for similar functionalities are significantly more costly. Additionally, replacing GRB would require extenuating expenses to integrate and institutionalize at the same level as the current system, driving up costs substantially.

In order for another vendor to implement a system that works with the existing HR infrastructure, duplication of efforts would be required as indicated above, and this would result in users being without service for a lengthy period of time. The disruption would be widespread for HHS employees planning for retirement. Emailed notifications were recently distributed to HHS employees informing them of new features to soon be made available with GRB Platform. The new features will allow for the electronic submission of retirement requests and other benefit requests. If the contract is not awarded to GRB, Inc. these upgraded features will no longer be available, resulting in future retirement planning will be delayed and the impact would be widespread, affecting many HHS employees.

Describe in detail the basis for the determination that this order providers 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.: OHR will continue the market research throughout the Base Period and Option Periods to seek out other capable vendors, and work with PSC to determine when the requirement can be competed by leveraging GSA Schedule 70 or other strategic sourcing methods for software subscription services.

If it is determined that services are still required after the follow-on order’s expiration date of September 29, 2024 the requirement will be competed.

Future Enhancements and improvements to EHCM and HR data Systems will allow for institutionalizing alternative platforms that cannot be readily utilized at this time. It is anticipated that such enhancements will result in increased competition and it is expected that more than one vendor will be capable of providing the subscription service that GRB, Inc. currently provides.

Describe in detail the basis for the determination that this order providers 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.: GRB, Inc. is a GSA Schedule 70 contract holder, and the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The services to be acquired are Firm Fixed Price subscription services. GSA has already determined the prices of supplies and fixed-price services under schedule contracts to be fair and reasonable.

A separate determination of fair and reasonable pricing is not required. The order represents the best value and results in the lowest overall cost alternative (considering price, special features, administrative costs, etc.) to meet the Government's needs.

The Contracting Officer will be seeking a price reduction as required.

The vendor, GRB Inc., has an automated web-based self-service system in place that allows government employees to access information on retirement, HR, payroll, benefits and training on a 24/7 basis. The estimated 70-80k HHS employees can search and view this information on any web browser without contacting live HHS resources for information.