Attachment 4 - LSJ FY20 ETK EEO Conversion.pdf

DEFENSE LOGISTICS AGENCY

HEADQUARTERS

8725 JOHN J. KINGMAN ROAD

FORT BELVOIR, VIRGINIA 22060-6221

Date

Justification for Other than Full and Open Competition IAW FAR 13.106-1(b)

1. Nature and/or description of the action being approved:

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

3. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires only one source in accordance with FAR 13.106-1(b) Example: urgency, exclusive licensing agreements, brand name, industrial mobilization, or any other reasonable justification

4. A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted:

5. Any other facts supporting the use of other than full and open competition, such as:

Explanation of why technical data packages, specifications, engineering descriptions, statements of work, or purchase descriptions suitable for full and open competition have not been developed or are not available

TECHNICAL PERSONNEL: I certify that any supporting data that is the responsibility of technical or requirements personnel and which form a basis for the justification are complete and accurate.

Technical Personnel

8. A statement of the actions the agency has taken to avoid this other than full and open competition action and additional other than full and open actions in the future:

Contracting Officer

7. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition (Include the results of the request for information or the sources sought notification in accordance with DFARS PGI 206.302-1 or include the waiver from the HCA or designee):

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies:

CONTRACTING APPROVAL: The justification, as presented above, is accurate and complete to the best of my knowledge and belief. Additionally, I have determined that the anticipated cost to the Government will be fair and reasonable.

DLA EEO follows the EEOC Management Directive 715, Section II, subsection E, "Use a complaint tracking and monitoring system that permits the agency to identify the location, status, and length of time elapsed at each stage of the agency's complaint resolution process, the issues and the bases of the complaints, the aggrieved individuals/complainants, the involved management officials and other information necessary to analyze complaint activity and identify trends. DLA was recently informed that its current complaint tracking system would no longer be supported necessitating DLA to upgrade its current licensing structure.

Text5: In accordance with FAR 13.106-1(b), brand name Tyler Technologies is essential to the Government’s requirement because the supplies or services required by the agency are available from only one responsible source, and no other type of supplies or services will satisfy the agency’s requirements. A brand name, whether available on one or more contracts, is an item peculiar to one manufacturer and may be procured by brand name specification if essential to the Government’s requirements. The Tyler Technologies brand name specification is essential to the Government’s requirements, thereby precluding consideration of a product manufactured by another company.

The Tyler Technologies Entellitrak (formerly Micropact icomplaints) brand name is essential to the Government’s requirements and market research indicates other companies’ products do not meet, or cannot be modified to meet, the Agency’s needs. As demonstrated, the use of any software other than Entellitrak software would require the Government to re-tool its EEO Office complaints processing metrics, respond to DLA managers’ request in “real” time, and meet the U.S. Equal Employment Opportunity Commission’s requirements as outlined in 29 Code of Federal Regulations Part 1614; EEOC Management 110; the EEOC Form 462 Report: Notification of Federal Employee Anti-Discrimination and Retaliation (NO FEAR) Act of 2002; and EEOC MD-715 at a cost that is unacceptable.

The DLA EEO organization supports the agency’s mission by promoting equal opportunity for employees, former employees, and applicants for employment. icomplaints/Entellitrak automated complaint tracking tool has allowed the EEO office to provide best value to DLA’s internal And external customers.

This software has promoted financial stewardship by eliminating labor intensive manual work, increasing accuracy, and improving accountability. Assessments and reports that took days or weeks to do in the past now only take minutes. The acquisition of icomplaints/Entellitrak as increased DLA’s enterprise-wide data integrity. It has enabled the six Field Activity EEO Managers to accurately follow the progress of a complaint and monitor for problems before they escalate to financial implications. iicomplaints/Entellitrak as a functioning EEOC Form 462 report. This 462 report along with other preformatted reports in icomplaints provide the accurate and timely data necessary to meet the NO FEAR Act’s requirements. icomplaints is an enterprise level web-based application that provides a broad range of capabilities for inputting, processing, tracking, managing, and reporting on complaints with the push of a button. icomplaints is flexible and can be tailored to meet individual agency requirements with user defined business rules, events driven case processing, a model organization structure, and customizable online tutorials and menus.

The risks if DLA does not continue to implement an automated EEO complaints tracking tool include:

(1) EEOC will fine DLA in non-compliance with the “efficiency” requirements provided in EEOC MD- 715 to attain a model Agency EEO Program; (2) DLA will lose jurisdiction in certain complaints where regulatory timeframes were exceeded; (3) DLA will incur financial obligations of up to $300K per complaint because “flags” indicating discriminatory patterns were not in place especially when factoring in the new personnel system. icomplaints meets all the EEO reporting requirements and provides an effective complaints management tool. This tool provides EEO staff with timely information concerning inventories and timeliness to ensure that complaints are processed efficiently, effectively, and within regulatory time requirements.