B01-SSJ_2.pdf

Department of the Interior Bureau of Safety and Environmental Enforcement

SOLE SOURCE JUSTIFICATION

FAR Subpart 13.5 - For Certain Commercial Items

(Mandatory for Acquisitions > SAT) (Optional for Acqs. ≤ SAT)

1. Bureau and Contracting Activity [FAR 13.501(a)(1)(ii) and 6.303-2(b)(1)]

2. Description of Supplies or Services [FAR 13.501(a)(1)(ii) and 6.303-2(b)(3)]

3. Requisition No.

4. Cost Estimate (including options)[FAR 6.303-2(b)(3)]

5. Name of Proposed Source(s)

6. REQUESTING OFFICE CERTIFICATION

I certify that this recommendation contains the information required by FAR 13.501(a)(1)(ii) and 6.303-2(b) and its contents are accurate.

Date:Phone No:Signature:Requesting Office Rep. (Name &Title)

7. ACQUISITION OFFICE CERTIFICATION

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

Signature: Phone No: Date:Contracting Officer (Name)

Identify the authority being used to justify a sole source acquisition [FAR 13.501(a)(1)(ii)]. Refer to block number 10 for justification details.

8. Section 4202 of the Clinger-Cohen Act of 1996 .

9. 41 U.S.C. 428a - Services Acquisition Reform Act of 2003.

10. JUSTIFICATION (Attach additional pages if needed)

(a) Demonstration that the proposed contractor's unique qualifications or the nature of the acquisition requires use of the authority cited [FAR 6.303-2(b)(5)]. [Prepared by Program Office]

(b) Describe the efforts taken to ensure offers were solicited from as many potential sources as is practicable, including whether a Government-wide point of entry (GPE) notice was or will be published as required by FAR 5.2 and, if not, which exception under FAR

5.202 applies. [FAR 6.303-2(b)(6)]. [Prepared by Program Office]

10. JUSTIFICATION CONTINUED (Attach additional pages if needed)

(c) Demonstration that the anticipated cost to the Government will be fair and reasonable [FAR 6.303-2(b)(7)]. [Prepared by Contracting Officer]

(d) Describe the market research conducted and the results or a statement of the reason market research was not conducted. [FAR 6.303-2(b)(8)]. [Initiated by the Program Office and finalized in collaboration with the Contracting Officer]

10. JUSTIFICATION CONTINUED (Attach additional pages if needed)

(e) Any other facts supporting the use of a sole source acquisition. [FAR 6.303-2(b)(9)]. [Prepared by Program Office]

(f) List sources, if any, that expressed, in writing, an interest in the acquisition. [FAR 6.303-2(b)(10)]. [Prepared by Program Office]

(g) Statement of the actions, if any, the agency may take to remove or overcome any barriers that led to competition before any subsequent acquisition for supplies and services. [FAR 6.303-2(b)(11)] [Initiated by the Program Office and finalized in collaboration with the Contracting Officer]

APPROVALS [FAR 6.304]

12. Competition Advocate (Name & Title)

APPROVE

DISAPPROVE

(Phone No.)

(Date)

13. Head of the Contracting Activity (Name & Title)

(Date)

(Phone No.)

(Signature)

(Signature)

(Signature)

APPROVE

DISAPPROVE

14. Departmental Senior Procurement Executive (Name & Title) APPROVE

DISAPPROVE

(Phone No.)

(Date)

O ve r $7

,0

O ve r

$1 m ill io n

O ve r $7 m ill io n

(Signature)11. Chief of the Contracting Office (Name & Title)

APPROVE

DISAPPROVE

(Phone No.)

(Date)O ve r

SA

T

INSTRUCTIONS FOR COMPLETING FORM

Block No.

Identify Bureau initiating the requirement and Acquisition Office processing the requirement.

- Bureau of Safety and Environmental Enforcement (BSEE), or Bureau of Ocean Energy Management (BOEM)

Provide a clear, concise description of the product(s) and/or service(s) to be procured, including the delivery schedule and/or the period of performance (including all option periods). Always include the estimated value in Section 4 below.

This provides the reviewing and approving official with a better understanding of the scope, magnitude, and complexity of the requirement.

4 Include all applicable options and system life-cycle costs.

Include more than one source as a proposed vendor. For example, if the procurement is based on an urgent need, you must still contact as many potential sources as is practicable unless the justification for urgency contains detailed documentation to show that it is not practicable under the circumstances to solicit additional sources.

6 & 7 Obtain certification from the requesting office and contracting officer prior to submitting for approval.

8-9 Check the box next to the justifying authority. Only one authority can be cited.

10(a)

Provide an explanation of the contractor's unique qualifications or the nature of the acquisition that requires the use of the statutory authority cited. This is the most important part of the justification because it demonstrates that the prospective contractor has unique qualifications and/or specialized capabilities or expertise that is not prevalent in the marketplace. Also, explain what unique qualifications and special capabilities the contractor possesses. Unique qualifications and expertise is defined as knowledge that is currently very limited within the marketplace; there is only one company or individual that has the expertise to provide the product or perform the required services.

10(b)

If the requirement was not publicized, explain why it was not publicized. When an acquisition contains brand name specifications, the contracting officer shall include with the solicitation the justification or required documentation. See FAR 5.102(a) (6) for the requirement to post the brand name justification. The justification should normally be prepared after the requirements notification is posted on Federal Business Opportunities, to allow the requirements office an opportunity to examine the results of industry inquiries and reach a conclusion concerning the potential degree of competition. If the justification is staffed prior to satisfying the synopsis requirement, state the reasons why this was done after the justification was processed. This paragraph should provide a description of the type of action, i.e., purchase and/or delivery order, task orders, and estimated quantities. This section should also include a description of the efforts by the program office and contracting office to ensure that offerors are solicited from as many potential sources as possible.

10(c)

Provide a narrative of the measures performed by the contracting officer to ensure that the costs and/or prices will be fair and reasonable before negotiations commence. In addition, provide the methodology used in the market research analysis that supports a determination of fair and reasonable costs/prices. Provide any information, such as commercial pricelists or prior acquisition history that will help the contracting officer determine that the anticipated cost is fair and reasonable.

INSTRUCTIONS FOR COMPLETING FORM

Block No.

10(d)

Issuance of a synopsis as required in FAR Part 5 does not satisfy the requirement to conduct a market survey. A survey can include announcements in trade journals or telephone surveys with interested/knowledgeable individuals in or out of government. Market research requires collecting and analyzing product/service information on the technical capabilities and prices/costs within the marketplace to satisfy agency needs. If market research was not conducted, the reasons it was not conducted should be stated. Since this is a sole source acquisition, the only possible way to state that there is only one contractor who can fulfill the agency's needs, is to conduct market research and it must be summarized here.

10(e)

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.

-When FAR 6.301-2 is cited for follow-on acquisitions as described in 6.302-1(a) (2) (ii), an estimate of the cost to the Government that would be duplicated and how the estimate was derived.

-When FAR 6.302-2 is cited, data, estimated cost, or other rationale as to the extent and nature of the harm to the Government.

10(f)

Include a listing of the sources that expressed written interest in the acquisition. If applicable, clearly state "To date, no other sources have expressed an interest in writing." [Also state that the notices required by FAR 5.201 shall be/have been published and any proposals received shall be considered. If a FedBizOpps notice will not be published, state which exception in FAR 5.202 applies.

10(g)

Describe actions taken, or that will be taken, to remove or overcome any barriers to competition before any subsequent acquisitions for the item/service or brand name item(s), including challenges to restrictive data markings, data rights, preparation of a performance based work statement, etc. If planning a competition, include the estimated date when the competitive procurement will occur. If competition is not planned, state so and provide the appropriate justification. Include written responses to synopsis announcements and other expressions of interest. All responses must be addressed prior to the approval of the justification. State the reasons why it is sole source. If this is a follow-on procurement, state the measures initiated to eliminate or reduce competitive barriers.

11-14 If any person required to sign-in these blocks does not approve, the procurement shall not proceed any further and the justification shall be returned to the requisitioner through the contracting officer. All signatures required on the form (as applicable to the particular acquisition) must appear in order for the procurement to proceed.

Department of the Interior Bureau of Safety and Environmental Enforcement

SOLE SOURCE JUSTIFICATION

FAR Subpart 13.5 - For Certain Commercial Items (Mandatory for Acquisitions > SAT)(Optional for Acqs. ≤ SAT)

1. Bureau and Contracting Activity [FAR 13.501(a)(1)(ii) and 6.303-2(b)(1)]

2. Description of Supplies or Services [FAR 13.501(a)(1)(ii) and 6.303-2(b)(3)]

3. Requisition No.

4. Cost Estimate (including options)[FAR 6.303-2(b)(3)]

5. Name of Proposed Source(s)

6. REQUESTING OFFICE CERTIFICATION

I certify that this recommendation contains the information required by FAR 13.501(a)(1)(ii) and 6.303-2(b) and its contents are accurate.

Date:

Phone No:

Signature:

Requesting Office Rep. (Name &Title)

7. ACQUISITION OFFICE CERTIFICATION

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

Signature:

Phone No:

Date:

Contracting Officer (Name) Identify the authority being used to justify a sole source acquisition [FAR 13.501(a)(1)(ii)]. Refer to block number 10 for justification details.

8. Section 4202 of the Clinger-Cohen Act of 1996 .

9. 41 U.S.C. 428a - Services Acquisition Reform Act of 2003.

10. JUSTIFICATION (Attach additional pages if needed)

(a) Demonstration that the proposed contractor's unique qualifications or the nature of the acquisition requires use of the authority cited [FAR 6.303-2(b)(5)]. [Prepared by Program Office]

(b) Describe the efforts taken to ensure offers were solicited from as many potential sources as is practicable, including whether a Government-wide point of entry (GPE) notice was or will be published as required by FAR 5.2 and, if not, which exception under FAR 5.202 applies. [FAR 6.303-2(b)(6)]. [Prepared by Program Office]

10. JUSTIFICATION CONTINUED (Attach additional pages if needed)

(c) Demonstration that the anticipated cost to the Government will be fair and reasonable [FAR 6.303-2(b)(7)]. [Prepared by Contracting Officer]

(d) Describe the market research conducted and the results or a statement of the reason market research was not conducted. [FAR 6.303-2(b)(8)]. [Initiated by the Program Office and finalized in collaboration with the Contracting Officer]

12. JUSTIFICATION CONTINUED (Attach additional pages if needed)

(d) Statement of the actions, if any, the agency may take to remove or overcome any barriers that led to restricted consideration before any subsequent acquisition for supplies and services is made [FAR 8.405-6(c)(2)(viii)] [Initiated by the Program Office and finalized in collaboration with the Contracting Officer]

(e) Any other facts supporting the justification [FAR 8.405-6(c)(2)(vii)] [Prepared by the Program Office and Contracting Officer] APPROVALS [FAR 8.405-6(d)]

16. Competition Advocate (Name & Title) (Phone No.)

(Date)

17. Head of the Contracting Activity (Name & Title) (Date) (Phone No.)

(Signature) (Signature) (Signature)

18. Departmental Senior Procurement Executive (Name & Title) (Phone No.)

(Date) Over $650,000 Over $12.5 million Over $62.5 million

10. JUSTIFICATION CONTINUED (Attach additional pages if needed)

(e) Any other facts supporting the use of a sole source acquisition. [FAR 6.303-2(b)(9)]. [Prepared by Program Office]

(f) List sources, if any, that expressed, in writing, an interest in the acquisition. [FAR 6.303-2(b)(10)]. [Prepared by Program Office]

(g) Statement of the actions, if any, the agency may take to remove or overcome any barriers that led to competition before any subsequent acquisition for supplies and services. [FAR 6.303-2(b)(11)] [Initiated by the Program Office and finalized in collaboration with the Contracting Officer]

INSTRUCTIONS FOR COMPLETING FORM

Block No.

Identify Bureau initiating the requirement and Acquisition Office processing the requirement.

- Bureau of Safety and Environmental Enforcement (BSEE), or Bureau of Ocean Energy Management (BOEM)

- Acquisition Operations Branch - Headquarters, or Acquisition Operations Branch - NOLA Provide a clear, concise description of the product(s) and/or service(s) to be procured, including the delivery schedule and/or the period of performance (including all option periods). Always include the estimated value of the order or BPA in Section 4 below. This provides the reviewing and approving official with a better understanding of the scope, magnitude, and complexity of the requirement.

Include all applicable options and system life-cycle costs.

Include more than one source as a proposed vendor, unless you are citing FAR 8.405-6(a)(1)(i)(B). For example, if the procurement is based on unusual and compelling need, you must still contact as many potential sources as is practicable unless the justification for urgency contains detailed documentation to show that it is not practicable under the circumstances to solicit additional sources.

6 & 7 Obtain certification from the requesting office and contracting officer prior to submitting for approval.

8-11 Check the box next to the justifying authority. Only one authority can be cited.- Include an explanation of the contractor's unique qualifications, the nature of the acquisition that requires the use of the same vendor as part of a logical follow on, or the reasons for urgency and an explanation of how using the procedures would result in unacceptable delays. This is the most important part of the LSJ because it demonstrates that the prospective contractor has unique qualifications and/or specialized capabilities or expertise that is not prevalent elsewhere on the schedules. If the order contains a brand name specification, the ordering activity must show evidence that the Request for Quotation and the following information was posted on GSA e-Buy. You must explain what unique qualifications and special capabilities the vendor possesses.

- When FAR 8.405-6 (a)(1)(i))(A) is cited, provide data, estimated cost, or other rationale as to the extent and nature of the harm to the government following schedule procedures would cause.- When an urgent or compelling need exists, discuss the nature of the urgency. Discuss how any follow-on work will be competed (mandatory). Also, provide supporting rationale and a concise description of the extent, nature, and impact of the unacceptable delay.- When FAR 8.405-6 (a)(1)(i)(C) is cited for logical follow on, include an estimate of the duplicative cost and methodology used to formulate the estimated cost.- The justification on pages 3 and 4 must be clear and concise as to how the cited authority is related to the acquisition.- When applicable, include documentation that demonstrates the prospective vendor's unique qualifications to provide the required supply of service.

12(a) Describe the type of action being issued, e.g., Federal Supply Schedule (FSS) order or blanket purchase agreement (BPA) for supplies, services not requiring a statement of work, or services that require a statement of work. Also, identify the contemplated contract type, i.e. firm fixed price, time and materials, etc. Provide sufficient information so the reviewer clearly understands the proposed approach under consideration.

12(b) The Contracting officer needs to determine, after considering the level of effort and the mix of skills available for the tasks needed, that the proposed order or BPA represents a reasonable total price and will be the best value for the government. Include explanation of what techniques will be used to determine prices fair and reasonable.

APPROVALS [FAR 6.304]

12. Competition Advocate (Name & Title) (Phone No.)

(Date)

13. Head of the Contracting Activity (Name & Title) (Date) (Phone No.)

(Signature) (Signature) (Signature)

14. Departmental Senior Procurement Executive (Name & Title) (Phone No.)

(Date) Over $750,000 Over $15 million Over $75 million (Signature)

11. Chief of the Contracting Office (Name & Title) (Phone No.)

(Date) Over

SAT

INSTRUCTIONS FOR COMPLETING FORM

Block No.

12(c) Market research requires collecting and analyzing product/service information on the technical capabilities and prices/costs from appropriate FSS contracts. If market research was not conducted, the reasons why it was not conducted should be stated.

If above the SAT, a copy of the proposed LSJ prepared in accordance with this guide; if an exception permitted by 8.405-6(b)(3)(ii) exists, documentation of the exception should be provided here in lieu of the E-buy posting.

12(d) Describe actions taken, or that will be taken, to remove or overcome any barriers to competition before any subsequent acquisitions for the supplies or services required, including challenges to restrictive data markings, data rights, preparation of a performance based work statement, etc. If planning a competition, include the estimated date when the competitive procurement will occur. If this is a follow-on order, state the measures initiated to eliminate or reduce competitive barriers.] 12(e) Provide any additional documents that will support the justification.

INSTRUCTIONS FOR COMPLETING FORM

Block No.

Identify Bureau initiating the requirement and Acquisition Office processing the requirement.

- Bureau of Safety and Environmental Enforcement (BSEE), or Bureau of Ocean Energy Management (BOEM)

Provide a clear, concise description of the product(s) and/or service(s) to be procured, including the delivery schedule and/or the period of performance (including all option periods). Always include the estimated value in Section 4 below. This provides the reviewing and approving official with a better understanding of the scope, magnitude, and complexity of the requirement.

Include all applicable options and system life-cycle costs.

Include more than one source as a proposed vendor. For example, if the procurement is based on an urgent need, you must still contact as many potential sources as is practicable unless the justification for urgency contains detailed documentation to show that it is not practicable under the circumstances to solicit additional sources.

6 & 7 Obtain certification from the requesting office and contracting officer prior to submitting for approval.

8-9 Check the box next to the justifying authority. Only one authority can be cited.

10(a) Provide an explanation of the contractor's unique qualifications or the nature of the acquisition that requires the use of the statutory authority cited. This is the most important part of the justification because it demonstrates that the prospective contractor has unique qualifications and/or specialized capabilities or expertise that is not prevalent in the marketplace. Also, explain what unique qualifications and special capabilities the contractor possesses. Unique qualifications and expertise is defined as knowledge that is currently very limited within the marketplace; there is only one company or individual that has the expertise to provide the product or perform the required services.

10(b) If the requirement was not publicized, explain why it was not publicized. When an acquisition contains brand name specifications, the contracting officer shall include with the solicitation the justification or required documentation. See FAR 5.102(a) (6) for the requirement to post the brand name justification. The justification should normally be prepared after the requirements notification is posted on Federal Business Opportunities, to allow the requirements office an opportunity to examine the results of industry inquiries and reach a conclusion concerning the potential degree of competition. If the justification is staffed prior to satisfying the synopsis requirement, state the reasons why this was done after the justification was processed. This paragraph should provide a description of the type of action, i.e., purchase and/or delivery order, task orders, and estimated quantities. This section should also include a description of the efforts by the program office and contracting office to ensure that offerors are solicited from as many potential sources as possible.

10(c) Provide a narrative of the measures performed by the contracting officer to ensure that the costs and/or prices will be fair and reasonable before negotiations commence. In addition, provide the methodology used in the market research analysis that supports a determination of fair and reasonable costs/prices. Provide any information, such as commercial pricelists or prior acquisition history that will help the contracting officer determine that the anticipated cost is fair and reasonable.

INSTRUCTIONS FOR COMPLETING FORM

Block No.

10(d) Issuance of a synopsis as required in FAR Part 5 does not satisfy the requirement to conduct a market survey. A survey can include announcements in trade journals or telephone surveys with interested/knowledgeable individuals in or out of government. Market research requires collecting and analyzing product/service information on the technical capabilities and prices/costs within the marketplace to satisfy agency needs. If market research was not conducted, the reasons it was not conducted should be stated. Since this is a sole source acquisition, the only possible way to state that there is only one contractor who can fulfill the agency's needs, is to conduct market research and it must be summarized here.

10(e) 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.

-When FAR 6.301-2 is cited for follow-on acquisitions as described in 6.302-1(a) (2) (ii), an estimate of the cost to the Government that would be duplicated and how the estimate was derived.

-When FAR 6.302-2 is cited, data, estimated cost, or other rationale as to the extent and nature of the harm to the Government.

10(f) Include a listing of the sources that expressed written interest in the acquisition. If applicable, clearly state "To date, no other sources have expressed an interest in writing." [Also state that the notices required by FAR 5.201 shall be/have been published and any proposals received shall be considered. If a FedBizOpps notice will not be published, state which exception in FAR 5.202 applies.

10(g) Describe actions taken, or that will be taken, to remove or overcome any barriers to competition before any subsequent acquisitions for the item/service or brand name item(s), including challenges to restrictive data markings, data rights, preparation of a performance based work statement, etc. If planning a competition, include the estimated date when the competitive procurement will occur. If competition is not planned, state so and provide the appropriate justification. Include written responses to synopsis announcements and other expressions of interest. All responses must be addressed prior to the approval of the justification. State the reasons why it is sole source. If this is a follow-on procurement, state the measures initiated to eliminate or reduce competitive barriers.

11-14 If any person required to sign-in these blocks does not approve, the procurement shall not proceed any further and the justification shall be returned to the requisitioner through the contracting officer. All signatures required on the form (as applicable to the particular acquisition) must appear in order for the procurement to proceed.

Policy 009 – Sole Source Justification Form

quoted under this effort is fair and reasonable. BSEE may use the following technique to determine price reasonableness:

published market pricing, comparison to the Independent Government Cost Estimate (IGCE), and pricing information from the quoter.