FAR 8 Justification_redacted.pdf
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- Solicitation number
- H98210-19-F-0102
- Issued by
-
Defense Human Resources Activity
About this file
This justification document supports a four month extension under FAR 52.217-8 to an existing contract with an unknown vendor for programmatic research, analysis, assessments, product development, document drafting, recommendations, coordination, synchronization, and analytic support services to support the Transition to Veterans Program Office (TVPO). The Defense Human Resources Activity awarded the original contract GS-10F-0266X on March 8, 2019 for an unknown amount to provide these services through July 2024.
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Limited Sources Justification current prices within option year four CLINS of the contract.
IV. Authority and supporting rationale (FAR 8.405-6(a)(1)(i)(B) Only one source) and, if applicable, a demonstration of the contractor's unique qualifications to provide the required supply/service.
FAR 8.405-6(a)(1)(i)(B) Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized; and FAR 8.405-6(a)(1)(i)(A) An Urgent and compelling need exists, and following the procedures would result in unacceptable delays.
This section outlines the circumstances FAR 8.405-6 that justify restricting the number of schedule holders and this contracting activity’s legal standing to leverage FAR 52.217-8 to extend the subject contract by four months.
Accordingly, 10 U.S.C. 3204(b)(B) provides latitude to the Government when unacceptable delays in fulfilling the agency’s requirements are foreseeable.
In this case, the Under Secretary of Defense for Personnel and Readiness (USD P&R) realigned some aspects of the program management responsibilities from a non-personal services contract that included IT websites to be integrated into a newly formatted MCTO program. The subsequent alignment made way for a business consolidation and restructuring of the previous Transition to Veterans Program Office (TVPO) program into the now MCTO program.
After the MCTO Performance Work Statement (PWS) was completed, an appropriate acquisition lead time was not available causing the Government to leverage an extension from 52.217-8 to extend services.
FAR 8.405-6(a)(1)(A)(B), “Only one source is capable of responding due to the unique or specialized nature of the work including following the procedures would result in unacceptable delay.” Specifically, the institutional and specialized knowledge unique to the subject requirement will not allow enough time to adequately compete the new MCTO package to a new MAS contractor without suffering mission failure. In this case, the current contract holder, ARCHIMEDES GLOBAL, INC. will be granted an extension through 15 July 2024.
V. Determination by the ordering activity Contracting Officer that the order represents the best value consistent with FAR 8.404(d).
The original solicitation was awarded using the best value approach as outlined by FAR 8.4, and was awarded for a base period and four 12-month option periods. In the original solicitation it stated within Volume I business and pricing under paragraph IV, that “The optional six (6) month period of performance utilizing FAR 52.217-8 shall be evaluated by DHRA. For evaluation purposes this optional six month period shall be priced at the fourth option year of the Quoters proposed price.” As such, the Government evaluated the pricing for the base period and four 12-month option period as fair and reasonable based on adequate price competition. The 52.217-8 period was not evaluated under the existing solicitation, but is using the monthly rates of the fourth 12-month Option period that was already determined fair and reasonable. These prices have been re-examined when exercising option period four and for the use of the FAR 52.217-8 extension, and have been determined fair and reasonable.
VI. Description of the market research conducted among schedule holders and the results, or a statement of the reason market research was not conducted.
The extension will be exercised in accordance with FAR 52.217-8. This action will not be synopsized based on the exception identified in FAR 5.202(a)(11): the proposed contract action is made under the terms of an existing contract that was previously synopsized in sufficient detail to comply with the requirement of FAR 5.207 with respect to the current proposed action. Extensive market research was conducted for the original acquisition, and during exercise of each option period. Due to the short time frame needed under the extension and the requirement to have an additional one month transition period if a new contractor were to take over the services, Market research has indicated that cost for the one month transition would be duplicative. The Government intends on leveraging the 52.217-8 extension that was included in the existing task order, and this will eliminate the need for additional
Limited Sources Justification duplicative cost associated with the one month transition of services. Of note, the newly structured MCTO program which is due to be competed, does have a comprehensive Market Research completed in accordance with FAR Part 10, and competition will be among GSA Multiple Award Schedule on GSA eBuy.
VII. Any other facts supporting the justification.
A delay to solicit additional schedule holders would be unacceptable as a result of the above mentioned restructuring between the Office for Reintegration Programs and the Transition to Veterans Program Office, within the Office of the Secretary of Defense (OSD). If the appropriate acquisition strategy were to be pursued, this would cause a break in service to the subject requirement and a mission failure to the Title 10 United States Code (USC) Chapter 58, Section 1142, 1143, 1144 for the DoD Transition Assistance Program (TAP) and DoD SkillBridge Program; and Title 10 USC Chapter 1003, Section 10101 for the DoD Yellow Ribbon Reintegration Program (YRRP).
VIII. Actions 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.
The Government is continuing all necessary pre-award documentation for the MCTO program and continuing to work with the Office of Small Business Programs for this activity (OSBP) to ensure the small business community is leveraged to the maximum extent possible for DHRA requirements that preclude the agency from meeting the requirements of FAR 8.405-1and FAR 8.405-2. The follow-on acquisition will be competed as a 100% service disabled veteran owned small business set aside in the GSA Multiple Award Schedule on GSA eBuy.
IX. Certification by the Contracting Officer.
As evidenced by my signature above, I have determined this document to be both accurate and complete to the best of my knowledge and belief.
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