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Page 1 of 3 12/2020

Limited Source Justification - Governmentwide Acquisition Contract (GWAC) or Multi-Agency Contract (MAC) Orders Exceeding the Simplified Acquisition Threshold

U.S. Department of Housing and Urban Development

Office of the Chief Procurement Officer

PART 1 – JUSTIFICATION (to be completed by requesting office)

This acquisition is conducted under the authority of the GWAC Program under statutory authority, 40 U.S.C. 11302(e) or the MAC Program under statutory authority, 40 U.S.C. 11314(a)(2).

Services or supplies to be ordered [describe]:

Total estimated cost of this order [include all costs of the proposed acquisition, e.g., options, systems life costs, etc.; total will determine the approval level needed]: $

Limiting Consideration from Required MAS Ordering Procedures (see FAR 16.505(b)(iii)) Consideration for this GWAC or MAC should be limited to the following source(s) [provide names, addresses and points of contact or attach separate sheet as needed]:

Circumstances justifying restriction of sources for consideration [select appropriate]:

The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays

(see FAR 16.505(b)(2)(i)(A)).

Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized (see FAR 16.505(b)(2)(i)(B)).

The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order (see FAR 16.505(b)(2)(i)(C)).

It is necessary to place an order to satisfy a minimum guarantee (see FAR 16.505(b)(2)(i)(D)).

For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source (see FAR 16.505(b)(2)(i)(E)).

Attachments [provide the following information]:

A complete description of the circumstances that justify the above restriction.

Demonstration/description of the proposed contractor's unique qualifications to provide the required supply or service (if consideration is to be limited to one schedule contractor).

A description of the market research conducted among schedule holders and the results or a statement of the reason market research was not conducted.

A statement of the actions, if any, the Department may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made.

Consideration Limited to Sources Providing Particular Brand, Product, or Product Feature

Sources to be considered for this order should be limited to those offering the following item(s) peculiar to one manufacturer (e.g., a particular brand name, product, or a feature of a product, peculiar to one manufacturer) [list and describe fully, or attach detailed description of the product or critical characteristics of the product]:

Attachments [provide the following information]:

If brand name, product, or product feature is the basis for the restricted consideration, the program office must describe why it is essential to the Government’s requirements, and demonstrate how the attached market research supports the determination that other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the Department’s need.

A statement of the actions, if any, the Department may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made.

Open Market Items related to Conference and Event Planning

$ 250,244.60

AEIO, LLC, 120 Waterfront Street, Ste 220, Oxon Hill, MD 20745, Dionne Word

J&A Log Number 24-21

Page 2 of 3 12/2020

If the order contains brand name specifications, the requirement has been posted unless the following exception applies (see FAR 16.505(a)(4)(iii)(C) [check if applicable]:

Disclosure would compromise the national security (e.g., would result in disclosure of classified information) or create other security risks. The fact that access to classified matter may be necessary to submit a proposal or perform the contract does not justify use of this exception;

Program Office’s Supporting Data

The following information has been provided to support the limitation of sources or specific brand name, product, or product feature (e.g., verification of the Government's minimum needs or requirements or other rationale for limited sources) [list and describe; attach additional pages if needed]

Program Office Official’s Certification

I certify that the information provided in support of this justification is complete and accurate to the best my knowledge and belief.

Head of Program Office [name] Title/Name of Office:

Signature: Date: For additional information contact:

X

PART 2 – CONTRACTING OFFICER’S DETERMINATION AND CERTIFICATION

I hereby determine that:

The order represents the best value to HUD consistent with the requirements of FAR 16.505(b)(3) (price evaluation is attached);

and, If a particular brand name, product, or product feature is requested, I hereby determine that it is essential to the Government’s requirements, and as demonstrated by the attached market research, other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the Department’s need.

I certify that the information contained in this justification is accurate and complete to the best of my knowledge and belief. In accordance with FAR 16.505(b)(2)(ii)(C)(1), this certification serves as approval of this limited source justification for orders up to $750,000.

Name: Signature: Date:

PART 3 – APPROVALS

For orders greater than $750,000 up to $15 million – Competition Advocate

Name Signature Date

For orders of $15 million to $75 million – Head of the Contracting Activity or Designee

For orders over $75 million – Senior Procurement Executive

See attached.

Jemine A. Bryon Deputy Assistant Secretary, Office of Special Needs, CPD

Digitally signed by: Jemine A. Bryon

DN: CN = Jemine A. Bryon email = Jemine.a.

bryon@hud.gov C = AD OU = Deputy Assistant

Secretary, OSN

Date: 2024.02.22 14:43:35 -05'00'

Jemine A. Bryon

Digitally signed by: ANDRESS WILLIAMS

DN: CN = ANDRESS WILLIAMS C = US O = U.

S. Government OU = Department of Housing and

Urban Development, Office of Administration

Date: 2024.02.27 09:47:09 -05'00'

ANDRESS

WILLIAMSAndress Williams

Page 3 of 3 12/2020

Instructions:

PART 1 – to be completed by the requesting office

The office requesting the limited source consideration shall enter all information and provide all supplementary information and attachments. See FAR 16.505(b)(2)(ii)(B) for minimum information required for justification.

The head of the office submitting the justification shall complete the certification and sign and date it.

PART 2 – to be completed by the Contracting Officer

The contracting officer shall attach the price evaluation and sign and date the form. If the order is less than $750,000, stop here, follow posting procedures and place the completed justification in the order file.

PART 3 – to be completed by the approving official

If the order exceeds $750,000, the contracting officer shall obtain the appropriate higher-level authority’s name, signature, date, follow posting procedures, and place the completed justification in the order file.

Limited Source Jusfificafion

2024 HOPWA Conference

Open Market Items

1. Identification of the agency and the contracting activity, and specific identification of the document as a "Limited-Sources Justification."

Agency: The U.S. Department of Housing & Urban Development, Washington, D.C.

Program Office: Community Planning and Development, Office of Housing Opportunities for People with HIV-AIDS.

Contracting Activity: Office of the Chief Procurement Officer, Atlanta Office - Southern Field Contracting Operations

Requisition No: RCS-D-2024-00014

Contractor: AEIO, LLC, GS-37F-002GA

2. Nature and/or description of the action being approved.

This justification is seeking approval to add the required open market items for Conference and Event Planning on a sole source basis to the GSA Schedule Contractor

AEIO, LLC.

It is anticipated that a Task Order will be awarded to AEIO for Conference and Event Management. The vendor responded to an RFQ issued by the agency for Conference and Event Planning Services. The Vendor does not currently have the Other Direct Costs SIN on their GSA schedule contract. Per GSA policy, if a vendor quotes on the Open Market items and doesn’t have the applicable SIN, the Contracting Officer may add it to their Task Order.

3. A description of the supplies or services required to meet the agency’s needs (including the estimated value).

This limited source justification is to add the Open Market items necessary for a complete solution.

The agency is in need for the subject contractor to obtain logistical support for a 3-day training conference (HOPWA Institute) and to ensure the activities of the Housing

Opportunities for Persons with HIV/AIDS (HOPWA) program are carried out in compliance and in accordance with national goals of ending the HIV epidemic

Logistics support services needed by the contractor includes:

Site Selection for In-Person Meeting Event Planning and Coordination for In-Person Meeting Registration Staging Secure Audiovisual (AV) and Information Technology (IT) Streaming Services Mobile event/conference app

Once AEIO identifies locations for COR approval, they will need to secure the site selection inclusive of AV equipment, Wi-Fi, internet, Mobile event/conference app and beverage services by signing agreements with third party vendors (HOTEL, AV vendor) to allow the agency to announce the conference and open registration. Public announcement is dependent on the vendor being able to secure and sign the hotel and AV agreements. It would be administratively burdensome for the government to establish a separate task order for the Open market items since AEIO has provided pre-negotiated pricing inclusive of meeting space, mobile, app, AV equipment, Wi-Fi, internet, and beverage services under their initial response to the RFQ.

Although other sources may be capable of signing the Hotel agreements on a standalone basis, the listed Other Direct costs are inseparable from the requirement and will cause substantial delays and duplicative cost

The total value for these services is $423,080.54. The Other Direct Costs for the Task Order are valued at $250,244.60.

4. The authority and supporting rationale (see 8.405-6(a)(1)(i) and (b)(1)) and, if applicable, a demonstration of the proposed contractor’s unique qualifications to provide the required supply or service.

Per the Federal Acquisition Regulation (FAR), for administrative convenience, an ordering activity contracting officer may add items not on the Federal Supply Schedule (also referred to as open market items) to a Federal Supply Schedule blanket purchase agreement (BPA) or an individual task or delivery order only if all the applicable rules are followed, the contracting officer has determined the price for the items to be fair and reasonable, items are labeled as open market and all applicable clauses are included.

The Open Market items are being added to the Task Order so that AEIO will be able to provide a total solution and overall best value for the Government. The Contractor has offered https://www.acquisition.gov/far/part-8#FAR_8_405_6 the Government discounts off of their proposed labor and the Audio/Visual costs based on all the services solicited.

Once AEIO identifies locations for COR approval, they will need to secure the site selection inclusive of AV equipment, Wi-Fi, internet, Mobile event/conference app and beverage services by signing agreements with third party vendors (HOTEL, AV vendor) to allow the agency to announce the conference and open registration. Public announcement is dependent on the vendor being able to secure and sign the hotel and AV agreements. It would be administratively burdensome for the government to establish a separate task order for the Open market items since AEIO has provided pre-negotiated pricing inclusive of meeting space, mobile, app, AV equipment, Wi-Fi, internet, and beverage services under their initial response to the RFQ.

Although other sources may be able to do the Hotel agreements on a standalone basis, the listed Other Direct costs are inseparable from the requirement and will cause substantial delays and duplicative costs.

5. A determination by the ordering activity contracting officer that the order represents the best value consistent with 8.404(d).

Being that GSA has already determined the prices of supplies and fixed-price services, and rates for services offered at hourly rates, under schedule contracts to be fair and reasonable, a separate determination of fair and reasonable pricing is not necessary except for a price evaluation as required by 8.405-2(d) and that doesn’t apply to this situation.

Due to an order against AEIO schedule contract using the procedures in 8.405, the ordering activity has concluded that the order represents the best value (as defined in FAR 2.101) and results in the lowest overall cost alternative (considering price, special features, administrative costs, etc.) to meet the Government’s needs.

AEIO submitted a technically acceptable quote in response to the RFQ. An analysis of their proposed costs for the Open Market items was done on historical data on previous buys of similar or same services within the agency.

6. A description of the market research conducted among schedule holders and the results, or a statement of the reason market research was not conducted.

Market research was conducted and concluded that a small business industry exists to completely perform the tasks identified in the PWS. There are enough small businesses on GSA Schedules capable of performing the requirement. A total small business set-aside is being recommended. The GSA MAS Schedule 561920, Conference, Meeting, Event and Trade Show Planning Services will be utilized for this requirement.

https://www.acquisition.gov/far/part-8#FAR_8_404 https://www.acquisition.gov/far/part-8#FAR_8_405_2 https://www.acquisition.gov/far/part-8#FAR_8_405 https://www.acquisition.gov/far/part-2#FAR_2_101

A total of 174 small business vendors were listed on the GSA Schedule. A sample of over 80 vendors have been vetted to determine their capability to perform the services.

Market Research was conducted on April 14, 2023, and the cost estimate for the labor hours and the Other Direct Cost was provided to the ordering activity contracting officer. The estimated cost for the Open Market items was $464,068.00 compared to the Open Market items costs of $250,244.60 quoted by AEIO. This is a cost savings to the Government of 46.08%.

7. Any other facts supporting the justification.

The Agency sent out a Request for Quotes on this requirement to over one hundred GSA contract schedule holders a few times via eBuy. Each time there was very little interest. Only two responses was received on the last RFQ that was issued in October 23, 2023 and one of the vendors withdraw their quote.

8. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made.

Although other sources may be capable of providing these open-market items, substanfial duplicafion of costs would occur if this open-market procurement is conducted on a compefifive basis. The only source capable of providing the open-market item efficiently.

is AEIO. GSA and HUD will confinue to perform market research and work with industry partners in an effort to ensure future Conference and Man product requirements are compefifively awarded.

9. Evidence that any supporting data that is the responsibility of technical or requirements personnel (e.g., verifying the Government’s minimum needs or requirements or other rationale for limited sources) and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel.

Prepared by:

2/22/24

____Deputy Assistant Secretary __________________

Name and title Date

10. The ordering activity contracting officer’s certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief.

As the Contracting Officer, I certify that the supporting data submitted for this justification is accurate and complete to the best of my knowledge.

CONTRACTING OFFICER

2024-02-26T13:19:59-0500

ANDRESS WILLIAMS