FY20-0361 - 2020.03.27_3008.405-6a1_LSJ_Below_SAT Regulatory Support Services 3-27-20 (002).pdf

OPOAM 3008.405-6(a)(1) Template – Limited-Sources Justification (LSJ)

For orders or BPAs exceeding the micro-purchase threshold and below simplified acquisition threshold

LSJ Template > SAT LSJ No.: FY20-0361

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This acquisition is conducted under the authority of the Multiple-Award Schedule Program, 41 U.S.C. 152(3), Competitive Procedures, and 40 U.S.C. 501, Services for Executive Agencies.

1. Agency and Contracting Activity. Identification of the agency, the contracting activity, and specific identification of the document as a “Limited-Sources Justification.”

The Department of Homeland Security (DHS), National Protection and Programs Directorate (NPPD), Federal Protective Service (FPS), Office of General Counsel (OGC) and the Department of Homeland Security (DHS), Office of Procurement Operations (OPO), Federal Protective Service Acquisition Division (FPS/AD), propose to make an award pursuant to FAR 8.405-6(a), Limited Sources.

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

DHS/OPO/FPS/AD intends to limit the number of sources solicited pursuant to FAR Part 8.405-6(a) for the procurement of Regulatory Support Services contractor personnel support to Industrial Economics, Inc., located at 2067 Massachusetts Avenue, Suite 4, Cambridge, MA 02140-1340.

3. Description of Supplies/Services. Describe the supplies or services to be acquired.

The requirement is for the provision of Regulatory Support Services contractor personnel support through a sole source single award Blanket Purchase Agreement (BPA) for a Base and one Option Period with a maximum ceiling of $129,304.68. The BPA will ensure that services may be called upon if FPS has a need to finalize the development and supplemental explanation of the notice of proposed rulemaking (NPRM) that would transfer the rules and regulations governing conduct on Federal property from GSA to DHS. Executive Order (EO) 12866 requires agencies to conduct a cost-benefit analysis known as a regulatory impact analysis (RIA) for each significant regulatory action. The proposed contractor, Industrial Economics, Inc. (IEc), has developed the RIA in support of the FPS NPRM; and will be needed to address questions raised on their analysis, conclusions and recommendations during the required review stages at HQ DHS Regulatory Law Division (RLD) and the Office of Management and Budget (OMB). The following outlines the BPA Period of Performance and maximum estimated ceiling:

Period AMOUNT MAXIMUM CEILING Base Year 12 mo. $66,510.27 $129,304.68 Option Year 1 12 mo. $62,794.40 http://uscode.house.gov/

OPOAM 3008.405-6(a)(1) Template – Limited-Sources Justification (LSJ)

For orders or BPAs exceeding the micro-purchase threshold and below simplified acquisition threshold

LSJ Template > SAT

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4. Authority and supporting rationale.

The authority to support this action is 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. It is necessary to limit competition for new work requirements described herein because an alternate Vendor will not be able to lend the required continuity to the Regulatory Impact Analysis (RIA) already prepared by vendor Industrial Economics, Inc. in support of the FPS NPRM in question. The previous BPA (HSHQDC-14-A-00005) and associated BPA Calls awarded to IEc and utilized for the creation of the RIA was competed in accordance with FAR part 8.405 procedures. The BPA expired previous to the completion and final decision by RLD and OMB. A new Vendor could not explain and support IEc’s RIA findings; and may introduce alternate analysis, and/or differing conclusions adding another round of submittal, time and cost to the effort.

Without the continuity of RIA services provided by IEc, Inc. to address RLD and OMB questions, the FPS NPRM falls at risk of not being approved by RLD and OMB.

5. Technical/Requirements Personnel Certification.

I certify that this requirement meets the Government’s minimum need and that the supporting data, which form a basis for the Limited-Sources Justification, are accurate and complete.

Technical Representative/COR

_03-27-2020 Date

6. Contracting Officer Certification/Approval:

I hereby determine that the circumstances described herein exist and that the information is accurate and complete to the best of my knowledge:

Contracting Officer Date

TAMELA T PATTON PATTON

Digitally signed by TAMELA T

Date: 2020.03.27 15:47:25 -04'00'