FBO_Post_JA_Exception_Attachment.pdf

TMPLT 2016.06-028

OAGS Template and Instruction for a General Services Administration Federal Supply Schedule Limited Source Justification

1. Identification of the agency and contracting activity:

a. Federal agency and contracting activity.

HHS / Office of Commissioner / Office of Operations / Office of Finance, Budget, and Acquisitions

b. Sponsoring organization.

Office of Finance, Budget, and Acquisitions (OFBA)/Division of Budget Execution and Control

(DBEC)

c. Contracting Officer’s Representative (COR)/Requiring Activity Point of Contact (POC) information.

i. Name: Daniel Mered

ii. Mailing address: Center Park One, 4041 Powder Mill Road, #62123, Beltsville, MD 20705

iii. E-mail address: Daniel.Mered@fda.hhs.gov

iv. Telephone number: 301-796-1905

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

a. Acquisition purpose and objectives.

The Division of Budget Execution and Control (DBEC) has a need for continued No-Year Post Production Support for Phase II of the No-Year Initiative that provides a framework that enables DBEC under the Office of Budget (OB) to support the Centers/Offices in the new endeavor of obligating directly from the User Fee Accounts. Having a plan to help our organization continue essential functions under this new directive is extremely important in the support of FDA’s mission.

As stated in the current order benefits of a post-production contract include:

Communication support for DBEC Ongoing assessment of the adoption of the No-Year Processes Dedicated support for the Centers

Template

Dedicated support for the Office of the Commissioner Senior advisory support for DBEC Monitoring and support for DBEC

The objective of this action is to issue a sole source order to the current contractor, Deloitte Consulting, from 01/01/2021 to 12/31/2021 to ensure no lapse in services as the Business Transformation Team (BTT) BPA awards are being protested. This acquisition will allow continuity of critically needed services when order HHSF223201510010B/HHSF22316001 ends on 12/31/2020.

b. Project background.

No-Year Post Production Support for Phase II of the No-Year Initiative was implemented under BPA No. HHSF223201510010B to Deloitte Consulting LLP. The original estimated value at time of award was $9,749,681.90 with a period of performance 12/01/2015 – 11/30/2020 (Base + Four Option Years). The order was later modified to extend the period of performance to 12/31/2020 and the order amount to $10,412,630.70. The full amount has been obligated.

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

a. Project title.

No-Year Post Production Support Contract.

b. Project Description.

The Office of Budget requires No-Year Post-production Support for Phase 2 of the No-Year initiative that provides a framework that enables the Office of Budget (OB) to support the Centers/Offices in the new endeavor of obligating directly from the User Fees accounts. Having a plan to help our organization continue essential functions under this new directive is extremely important in support of FDA’s mission.

Benefits of a Post-production Support under Phase 2 include:

Communications support for DBEC Ongoing assessment of the adoption of the No-Year processes Dedicated support for the Centers Dedicated support for the Office of the Commissioner Senior advisory support for DBEC Monitoring and reporting support for DBEC

Requirement type.

Support services (non-R&D)

Supplies/equipment

Information Technology (IT)

Other:

Type of action.

New requirement

Follow-on

Other:

Proposed contract/order type.

Firm-fixed-price

Time and materials

Indefinite delivery:

Other:

Completion Form

Term Form

Acquisition identification number.

DBEC-21-C-0003 - No-Year Post Production Support Contract.

c. Total estimated dollar value and performance/delivery period.

$2,060,736.55 - POP 01/01/2021 – 12/31/2021

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

a. Acquisition authority.

This acquisition is conducted under the authority of the Multiple Award Schedule Program. In accordance with Federal Acquisition Regulation (FAR) 8.405-6(a), consideration of schedule contractors will be restricted to fewer than the number required at FAR 8.405-1, FAR 8.405-2, FAR 8.405-3 (i.e., fewer than three FSS contractors). FAR 8.405-6 (a)(1)(i), for a proposed order or BPA with an estimated value exceeding the micro-purchase threshold not placed or established in accordance with the procedures in FAR 8.405-1, FAR 8.405-2, or FAR 8.405-3, the only circumstances that may justify the actions are-

(A) An urgent and compelling need exists, and following the procedures would result in unacceptable delays;

(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;

(C) In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order or BPA must not have been previously issued under sole-source or limited-sources procedures.

This acquisition is conducted under the authority of the Multiple Award Schedule Program. In accordance with FAR 8.405-6(b), consideration of schedule contractors will be restricted only to the item peculiar to one manufacturer. An item peculiar to one manufacturer can be a particular brand name, product, or a feature of a product, peculiar to one manufacturer. A brand name item, whether available on one or more schedule contracts, is an item peculiar to one manufacturer.

b. Demonstration of the proposed contractor(s) unique qualifications to provide the required supply or service.

• Name and address of the proposed contractor(s).

Deloitte Consulting LLP

DUNS# 019121586

Cage# 1TTG5

POP: 11/21/2017 – 11/20/2022

Address: 1725 Duke Street, Alexandria, VA 22314

• Nature of the acquisition and proposed contractor(s) unique qualifications.

This previous requirement was solicited and competed amongst the three multiple-award Business Transformation Team (BTT) BPAs HHSF223201510010B (Deloitte Consulting), HHSF223201510011B (KPMG) and HHSF223201510012B (Guidehouse) which have now expired. This new requirement is not being competed amongst the newly awarded five BTT BPA holders as a protest was issued. The current contractor, Deloitte Consulting, is the most economical and efficient vendor with the requisite technical knowledge and unique expertise to support the immediate need for continued OFBA services until the BPA protest is resolved.

The unique quality of the contractor, Deloitte Consulting, who has been the contractor for the last five years, is their unique skills and processes they possess and helped develop for FDA. It will take time to compete the order and transition in a new contractor or train existing staff as there is less than two months before the current order expires and a competitive acquisition process is no longer feasible. Some examples of the unique qualifications held by the current contractor include possessing detailed knowledge of FDA’s Spend Plan (the Financial Operating Plan (FOP), Payroll and Operating Cost Forecast), supporting DBEC on a complex Allowance Process, CAN generation and management for Current and Prior Years’ Funds, and supporting DBEC and the CENTERs on data integrity issues. Because most of DBEC staff are relatively new, DBEC needs support to help tackle the many issues that have to be resolved on a day-to-day basis. FDA’s addition of a Working Capital Fund in 2019 has added to the complexity of DBEC’s planning, execution and control activities.

Without the execution of a sole source order to the current contractor, a disruption (i.e. a lapse) in essential services would result in decreased operational efficiency of the Agency, which would be an unacceptable outcome, since it would adversely affect the FDA’s mission.

Awarding a sole source order would mitigate operational risks. The current contractor is best positioned to provide the required continued services and accomplish the immediate work activities in the most schedule and cost-efficient manner until the ongoing BTT BPA protest is complete and the stop work orders are lifted.

5. Determination by the ordering activity Contracting Officer that the order represents the best value consistent with FAR 8.404(d).

FDA will evaluate the level of effort and skill mix required to support the work in scope of the order and will determine the price of the order to be fair and reasonable prior to issuance by performing a price analysis of the quote.

6. Description of the market research conducted among schedule holders and the results, or a statement of the reasons market research was not conducted.

Given that the BTT BPA awards were already existing, no additional market research was conducted.

The BTT BPA was awarded to five vendors. Given the immediate continued need of the BTT requirements, it is not in the best interest of the Government to solicit new vendors via formal market research actions (e.g. sources sought and requests for information). The resultant time lapse of any related market research efforts, would cause a disruption in the required No-Year Post Production Support Contract.

7. Any other facts supporting the justification.

If a sole source sole order is not awarded to Deloitte Consulting (given the BPA protest which will take a minimum of 100 days and the current order expires on December 31, 2020), FDA would entail restarting the acquisition planning process. Moreover, a new acquisition action entails the incoming vendor to complete a transition-in period, which would include recruiting the necessary staff;

completing the FDA badging process; learning FDA systems and procedures and understanding the current needs of the Agency. These activities would lead to a greater unnecessary timing delay.

8. 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.

a) Removal of barriers to competition.

The newly awarded BTT BPAs have received a protest and as such stop work orders have been issued for the BPA awards until the protest is resolved, which could take up to 100 days.

Therefore, a sole source order is in the best interest of the Government to avoid any lapse in service.

b) Listing of sources, if any, that expressed an interest, in writing, in the acquisition.

Deloitte Consulting LLP

DUNS# 019121586

Cage# 1TTG5

POP: 11/21/2017 – 11/20/2022

Address: 1725 Duke Street, Alexandria, VA 22314

9. Program office certification.

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.

Signature:

COR/Requiring Activity POC

COR/POC Immediate Supervisor

Head of the Sponsoring Program Office

10. Contracting Officer Certification.

This is to certify that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief.

Contracting Officer

11. Division Director and Head of the Contracting Activity signature(s).

Division Director

Head of the Contracting Activity

12. Competition Advocate signature.

Competition Advocate