JOFOC.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

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Identification Number (purchase request/solicitation number): DJD-17-R-0022

1. Identification of the agency and contracting activity.

A. Agency: Drug Enforcement Administration (DEA)

B. Contracting activity: Office of Acquisition and Relocation Management (FA)

C. Requiring activity: Houston Field Division, Pheonix Field Division, El Paso Field Division

2. Nature and/or description of the action being approved. (e.g., new contract award or modification expanding the scope of an existing contract)

The Drug Enforcement Administration requres continued contractor support for its Controlled Substance Transportation activity. This action will be a new contract award to allow for continuity of services for six months. During such time, a competed acquisition will take place for the continuance of said services, for a base beriod and four option periods.

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

The work to be performed shall include secure loading, transporting, and unloading of controlled substances between several designated locations.

Period of performance or Total estimated value: $1.5 million final delivery date: 04/01/2017 - 09/30/2017

4. An identification of the statutory authority permitting other than full and open competition.

41 U.S.C. 3304(a)(2)

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

It is the continued mission of the DEA to enforce the controlled substances laws and regulations of the United States. Inherent in this mission is the seizure, tracking, transportation, and ultimately, destruction of these controlled substances. The DEA requires continued support for these efforts or would otherwise be unable to accomplish its mission. After expiration of the current vehicle, DJD- 11-C-0027, the DEA will be without services for this requirement. As a result, the Government would be seriously injured unless the agency enters into a contract for support of these services.

The Government does not have sufficient lead time to procure said services through a full and open competition although, it has already begun the process through the FBO posting, DJD-17-R-0016.

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.

https://acquisition.gov/far/current/html/Subpart%205_2.html#wp1107980 https://acquisition.gov/far/current/html/Subpart%205_2.html#wp1107990

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This rationale is published with the notice of DEA's intent to negotiate with only one source. An existing competitive requirement for the same services is currently being procured throught the proper procedures under FBO posting, DJD-17-R-0016.

7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer will make a determination that the anticipated cost to the Government will be fair and reasonable through the use of one or several price evaluation techniques; such as comparison of proposed prices to historical prices paid,; analysis of data other than certified cost or pricing data; or another technique in accordance with FAR 15.504.

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

The Government has performed research to identify capable sources on the GSA Schedule. It continues to search for other potential providers for the follow-on requirement. Additionally, this Justification for Other Than Full and Open Competition (JOFOC), in accordance with FAR Subpart 5.2 will be publicized at FEDBIZOPPS.gov. Any responses received will be maintained as potential sources for the follow-on competitive procurement. Previously, an Request-For-Information was posted to gauge vendor interest and receive questions and comments under FBO posting D-16-HO- 0197. Further, another FBO posting was made under DJD-17-R-0016. The DEA has received and is tracking vendor interest for this requirement.

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

i. 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.

A draft Statement of Work (SOW) has been developed and posted for comment. The final draft SOW has not yet been completed. The nature of the services needed, requires the use of fire-arm carry permits. Review of the SOW is required on numerous levels of the agency, which has added to the procurement time.

ii. When 6.302-1 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.

Not Applicable

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

See Paragraph 5

10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

There has been no written expression of interest for the six month requirement to date, although a few vendors have been identified for the follow-on requirement.

https://acquisition.gov/far/current/html/Subpart%2010_0.html https://acquisition.gov/far/current/html/Subpart%206_3.html#wp1087543 https://acquisition.gov/far/current/html/Subpart%206_3.html#wp1087543 https://acquisition.gov/far/current/html/Subpart%206_3.html#wp1086879

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11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

As stated above, the DEA will be conducting a competitive procurement for this requirement in the future. This effort is merely a bridge vehicle to support DEA's necessary objectives of collecting, transporting, and destroying controlled substances.