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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

AcquisitionTitle: PSC’s Revenue Invoicing and Cost Estimation System (PRICES) Support
Agency: PSC
PSCDrop: ASA - Assistant Secretary for Administration
NIHDrop:
PSCOther:
AcqusitionYear: FY 2020
Author: Tory Estabrook
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Order/Contract Number::
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Other Pricing:
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Funding amount:
TextField5: Intellizant, LLC
TextField5: 2390 Stonefence Lane
TextField5: Oak Hill, VA 20171
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3. Description of Supplies or Services:: The Contractor shall provide the Department of Health and Human Services (HHS), Service and Supply Fund (SSF), Program Support Center (PSC), Financial Management Portfolio (FMP) with functional and technical systems support of the PSC’s Revenue Invoicing and Cost Estimation System (PRICES), the PRICES Online Viewer (OLV) and the Fee-For-Service Spreadsheet II (FFSS2). Additionally, the Contractor is required to assist the SSF Billing Office and PSC Billing Office.

SSF service providers are responsible for providing the various PSC, Office of the Secretary (OS), and Administration for Children and Families (ACF) goods and services to their customers. These service providers use PRICES to bill, record, track, and report data for the services that PSC, OS, and ACF perform under SSF. PRICES is managed and maintained by PSC Financial Management Portfolio (FMP), Accounts Receivable Branch (ARB), SSF Billing and Receivable Section. PRICES is the primary system used by the SSF to record customer terms, prepare and deliver customer invoices and report on reimbursable activities.

These services are a follow-on to contract number HHSP233201650008A issued by PSC. The Agency intends to issue a sole source award under FSS Schedule GSA Schedule 70, SIN 132 51.

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State the full statutory authority and FAR cite and title, consistent with paragraph 4, e.g. 41 U.S.C. 3304: This is a bridge contract to maintain the ongoing functional and technical systems support of the PSC’s Revenue Invoicing and Cost Estimation System (PRICES), the PRICES Online Viewer (OLV) and the Fee-For-Service Spreadsheet II (FFSS2) until resolution of a protest. The period of performance for this extension is 18 November 2019 through 25 February 2020. This period of performance will allow the GAO to consider the protest and decide the case through a written decision issued by the Comptroller General. The agency will include FAR 52.217-8, Option to Extend Services, in the event a protest decision requires corrective action or a new award.

The services required under this bridge contract include:

• Delivery of operations and maintenance services, including maintaining and supporting the systems daily operations and maintenance of both a functional and technical nature.

• Daily operational support to internal and external systems users and stakeholders.

• Providing FMP offices with application functional support services including: functionality analysis, business process analysis, writing scripts and participating in functional testing, etc.

• Implementing proper controls to prevent service providers from entering incorrect customer/billing data.

• Processing daily inbound interface files from all feeder systems, including confirming delivery of the file to the test site, error checking and resolution of the automated process, and uploading data to production.

• Maintaining the integrity and accuracy of the data stream between the FMP Office Systems and other systems including UFMS.

• Creating IPAC, credit card, MACCS-1080 and SF1080 files using data from PRICES and PRICES OLV

• Establishing, maintaining and/or supporting the infrastructure necessary to provide secure operations of the SSF Billing and PSC Business Office systems.

• Providing systems administration and engineering aspects of the general maintenance and performance tuning for servers, firewall maintenance, failover support and data replication, as well as in the Disaster Recovery sites.

• Providing operational support and monitoring, database capital planning, configuration management, software patch support, security patch support, and system-level problem troubleshooting and repair and technical support such as database installs, patches, upgrades and resource usage, etc., and developing and supporting the scripts required to control the online, batch and backup processes, as well as other operation support activities for the SSF Billing and PSC Business Office systems.

• Participating in filling the information requests for various audits and reviews required of the SSF Billing and PSC Business Office systems.

• Address all other application tool-related areas that are required to support the SSF Billing and PSC Business Office systems; maintaining the SSF Billing and PSC Business Office systems and environments for use in development, testing and training activities; and, performing logical and physical data model maintenance as they pertain to object definitions, SSF Billing and PSC Business Office systems, changes, and database sizing.

• Participating in any Continuity of Operations (COOP) Tests, Training and Exercises (TT&E). Additionally, the Contractor shall participate in any remediation efforts based on COOP TT&E findings.

• Providing written Standard Operating Procedures and training for federal staff.

The agency recognizes its duty to promote competition and to adequately plan for competition. On 11 October 2018 PSC issued a competitive solicitation for a single award Blanket Purchase Agreement (BPA), entitled "Financial Management Portfolio IT Systems Support Consolidation," on eBuy, FSS 70, SIN 132 51. The BPA and first task order were awarded 29 October 2019 and 30 October 2019, respectively. A timely post-award protest was filed at GAO and a stop-work notice issued in accordance with FAR part 33.104(c)(1) and FAR 52.233-3, Protest After Award (Aug 1996)(31 U.S.C 3553).

State the full statutory authority and FAR cite and title, consistent with paragraph 4, e.g. 41 U.S.C. 3304: The Agency has an urgent need for Intellizant LLC to provide uninterrupted and continuous operations and maintenance support of the Program Support Center’s Revenue Invoicing Costing Estimating System (PRICES) on behalf of the Service and Supply Fund (SSF), Program Support Center (PSC), Financial Management Portfolio (FMP), Accounting Services (AS). PRICES is an essential system for the SSF and its 147 cost centers. PRICES provides a necessary function in order for the Service and Supply Fund (SSF) to invoice and realize revenue on a monthly basis and is required to operate in a positive cash flow position. If operations and maintenance support are interrupted and the SSF cost centers cannot recover their full cost budget, the SSF would be operating in a negative position and therefore be anti-deficient.
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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.: This is a short term bridge contract, only in place for purposes of allowing uninterrupted services while the agency responds to a protest. The incumbent source is known to have the capability to acceptably provide the needed services in a way that meets the compelling urgency of the government.

The following methods were utilized to conduct market research prior to the release of solicitation number 19-233-SOL-00001:

• Searched GSS/FSS

• Searched previous purchases of similar/identical acquisitions

Based on previous similar/identical acquisitions, it was determined that the requirement could be set-aside for SBA certified 8(a) firms, utilizing GSA FSS schedule 70, SIN 132 51.

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.: This action is for a short-term bridge necessary as the result of a protest. The original solicitation was made available on eBuy and was set-aside for SBA certified 8(a) firms, utilizing schedule 70, SIN 132 51. At the time the solicitation was posted, there were approximately 719 SBA Certified 8(a) firms on GSA Schedule 70, SIN 132 51, providing ample competition.
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.: If the Agency were to award this bridge to a contractor other than the incumbent, the agency faces the potential for two transitions in the short term. One from the incumbent to a “new” contractor (other than incumbent); followed by a potential second transition after the GAO protest (and potential corrective action) is disposed. That would add additional costs and risk that would be lessened doing it the way the Agency is proceeding.
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.: Before award, the contracting officer will ensure that the pricing is fair and reasonable. Rates established by GSA have already been determined fair and reasonable and price analysis will be conducted to ensure the quoted rates are consistent with those on Intellizant's approved GSA Price List. Further, the price analysis will consider the level of effort and labor mix to ensure it is appropriate for the work to be performed, as well as historical information on prices previously paid. No open market costs are anticipated.
Program Manager name: Laurie VanBibber
Program Manager position title: Legacy Systems Section Chief
Program Manager email address: laurie.vanbibber@psc.hhs.gov
Program manager phone number:
Program Manager Supervisor name: Christian Burns
Program Manager Supervisor Position title: System Accounting Branch Chief
Program Manager Supervisor email address: christian.burns@psc.hhs.gov
HHS Senior Procurement Executive (SPE) signature:
Program Manager Supervisor date:
filepath:
Contract Officer's Approval name: Victoria West Estabrook
HHS Senior Procurement Executive (SPE) phone: 301-492-4729
Contract Officer's Approval date:
HHS Senior Procurement Executive (SPE) name:
DateField6:
Office of Small Business date:
OPDIV HCA date:
Concur with Acquisition: 0
Non-Concur with Acquisition: 0
HHS Senior Procurement Executive (SPE) date:
State supplies/services being procured: The Contractor shall provide the Department of Health and Human Services (HHS), Service and Supply Fund (SSF), Program Support Center (PSC), Financial Management Portfolio (FMP) with functional and technical systems support of the PSC’s Revenue Invoicing and Cost Estimation System (PRICES), the PRICES Online Viewer (OLV) and the Fee-For-Service Spreadsheet II (FFSS2). Additionally, the Contractor is required to assist the SSF Billing Office and PSC Billing Office.

SSF service providers are responsible for providing the various PSC, Office of the Secretary (OS), and Administration for Children and Families (ACF) goods and services to their customers. These service providers use PRICES to bill, record, track, and report data for the services that PSC, OS, and ACF perform under SSF. PRICES is managed and maintained by PSC Financial Management Portfolio (FMP), Accounts Receivable Branch (ARB), SSF Billing and Receivable Section. PRICES is the primary system used by the SSF to record customer terms, prepare and deliver customer invoices and report on reimbursable activities.

These services are a follow-on to contract number HHSP233201650008A issued by PSC. The Agency intends to issue a sole source award under FSS Schedule GSA Schedule 70, SIN 132 51.

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