A04 Sole Source Justification- Final Posting.pdf
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DOD Washington Headquarters Service
About this file
This document is a Sole Source Justification for a federal contract opportunity. The current OASD SO/LIC contract is being recompeted, but the government is taking corrective action following a post-award protest. To avoid an unacceptable break in service, the government intends to issue a bridge contract to the incumbent, Emissary LLC, for a 3-month base period with a 1-month option. This bridge contract is required to allow the agency to execute its corrective action while avoiding a lapse in technical support services for OASD SO/LIC. The government determined a sole source award is justified due to the substantial duplication of cost, estimated at $1.3 million, that would not be recovered through a new competition. The long-term contract is anticipated to be awarded in Fiscal Year 2024 following the corrective action.
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CUI//SP-PROCURE
CUI//SP-PROCURE
5. REASON FOR AUTHORITY CITED: The current OASD SO/LIC contract expires March 29, 2024. This requirement is currently being recompeted, however, the Government is taking corrective action following a post-award protest. As a result, the current requirement needs to be extended to avoid an unacceptable break in service and support to SO/LIC. There would also be a substantial duplication of cost to the Government estimated at $1.3M that is not expected to be recovered through a competition for this temporary support. It would take a new vendor some time to get spun up on the work and there may delays in hiring the appropriate staff with the appropriate security clearances, delays in the competition, etc. This sole source action will provide WHS/AD and OASD SO/LIC adequate time to allow the Agency to execute its corrective action following the post-award protest. This extension of services will allow work to continue while the protest grounds are addressed.
6. EFFORTS TO OBTAIN COMPETITION: On March 13 2024, WHS/AD issued a “Notice of Intent to Sole Source,” on SAM.GOV. The Notice of Intent was posted and closed on March 18, 2024. Based on the Notice of Intent, no vendor challenged the sole source award action to Emissary. The Government is currently working on a long-term contract and anticipates award in Fiscal Year (FY) 2024.
7. FAIR AND REASONABLE COST DETERMINATION: The Contracting Officer determines that the anticipated prices will be fair and reasonable by using the techniques identified at FAR 15.404-1(b)(2)(ii) to ensure award will be at fair and reasonable prices. This is a commercial item, as such, Certified Cost and Pricing Data will not be obtained.
8. MARKET RESEARCH: Adequate market research was conducted for purposes of the current competition and this requirement is anticipated to be competitively awarded in FY. WHS/AD and OASD SO/LIC has determined a requirement to issue this sole source as a temporary measure to allow for corrective action during the source selection phase and award issuance.
9. ANY OTHER FACTS SUPPORTING THE USE OF SOLE SOURCE: Not applicable
10. INTERESTED SOURCES: None
11. ACTIONS TO INCREASE COMPETITION: None, the requirement is currently being competed with a FY 2024 anticipated award.
12. Is this acquisition for a non-competitive follow-on acquisition previously awarded on a non-competitive basis?
Yes. A copy of the previous justification is attached. The actions to remove any barriers to competition cited on the previous justification were were not completed [Must include explanation of why the answer is “no”].
No. The original acquisition was conducted on a competitive basis.
Not Applicable. This is a new requirement.
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