Grantee Background Checks - JOFOC 12.22.23_Redacted.pdf

b. Project Description.

• Requirement Type.

☐ Research & development (R&D)

☒ Commercial item or service

☐ R & D support services

☐ Support services (non-R&D)

☐ Supplies/equipment

☒ Information technology (IT)

☐ Construction

☐ Architect-engineer (A & E) services

☐ Design-build

☐ Other (specify): ____________________

• Type of Action.

☒ New requirement

☐ Follow-on

☐ Other (specify): ______________________

• Proposed Contract/Order Type.

☐ Firm-fixed-price

☐ Other fixed-price (specify, e.g., fixed-price award-fee, fixed-price incentive-fee):

☐ Cost-plus-fixed-fee

☐ Other cost reimbursement (specify, e.g., cost-plus-award-fee, cost-plus-incentive-fee): ___________

☐ Time and materials

☐ Labor Hours ___________

☒ Other (specify): Blanket Purchase Agreement

• Acquisition Identification Number.

c. Total Estimated Dollar Value and Performance/Delivery Period.

The performance period is for five (5) years. The anticipated POP is 10 January 2024 to 09

January 2029.

AmeriCorps cannot quantify in what quantity grant recipients will choose to use services provided under the contract. Grant recipients are not required to use the services provided under this contract. The cost and quality of services offered by the Contractor will also greatly influence number of companies can provide the FBI channeling services. AmeriCorps received two submissions to that RFI, one from Truescreen and one from Based on the information obtained, Truescreen is the only candidate that can meet Agency need.

Meets need for network of fingerprinting sites, based on market research: In their response to the

May RFI, reported a network of 800 fingerprint locations. Truescreen would provide access to 1,750 locations through its sister company, Fieldprint, which meets AmeriCorps current service level.

Can implement system changes at no additional, direct cost, based on market research: In their response to the May RFI, reported they would have a labor cost per hour for any system changes needed. Currently, the Agency pays no cost to the Contractors to complete the services.

Grant recipients pay the cost of all services when they order checks. Truescreen has knowledge of the requirements and can incorporate any changes needed at no cost to the Government.

Continuity of services: This will produce a seamless transition for both the Agency and its grant recipients and ensure there is no lapse in services for grant recipients. A lapse in service would jeopardize the ability of hundreds of grant recipient to complete checks on time, which corresponds to thousands of individuals experiencing a possible delay in starting their work or service on an AmeriCorps project.

Reduced cost to create new guidance materials and retrain grant recipients, including minimal disruption to grant recipients: AmeriCorps and Truescreen have created numerous written materials and recordings to instruct grant recipients how to use the system. A sample of this guidance is viewable to the public at https://americorps.gov/grantees-sponsors/history-check.

Other materials, including training records and user guides, are stored on the Agency’s private e-learning platform, Litmos. Office of Monitoring staff will only need to complete minor updates to existing resources rather than creating new guidance to align with a completely new system. And using a system that AmeriCorps staff and grant recipients are familiar with will greatly reduce the training and technical assistance AmeriCorps will need to conduct for grant recipients. Due to the complex nature of NSCHC requirements, including the significant financial penalties enforced for noncompliance, grant recipients are very sensitive to changes impacting these checks.

6. Description of the efforts made to ensure that offers are solicited from as many potential sources as practicable. Indicate whether a GPE notice was or will be publicized as required by FAR

Subpart 5.2 and, if not, which exception under FAR 5.202 applies.

In May 2023, a Request for Information was sent via email to all (then) FBI-approved Channelers.

Only and Truescreen responded. AmeriCorps reviewed the responses and determined that only one provider was able to meet the Agency’s needs.

Since the total contract value is not expected to exceed $25,000.00, the procurement does not need to be published. As noted earlier, a Request for Information was sent to FBI-approved Channelers. An intent to award a sole source requirement will be posted to SAM.gov.

7. Determination by the Contracting Officer that the anticipated cost/price to the Government will be fair and reasonable.

This RFP preparation and awarded contract will be at no cost to the U.S. Government. Therefore, no price or cost proposal is requested for the solicitation. AmeriCorps does not directly pay any fees or charges to the Awardees. Instead, all fees and charges for providing the services are paid directly to the Contractor by AmeriCorps grantees.

8. Description of the market research conducted (see FAR Part 10) and the results, or a statement of the reasons market research was not conducted.

Only a small number of companies can provide the FBI channeling services. A current list is available at: https://www.fbi.gov/services/cjis/compact-council/list-of-approved-channelers. The

Project Officer conducted online research of these companies in January 2023, which suggested only four or five of the 24 approved FBI channelers may also be able to provide the NSOPW and state checks.

AmeriCorps solicited responses to a Request for Information in May 2023 to gauge the industry’s ability to provide these services. Only a small number of companies can provide the FBI channeling services. The RFI was sent to the current list of twenty-four FBI Channelers. The Agency received two full submissions to that RFI, and one company responded that they are not yet fully set up to provide FBI channeling services. As noted below, market research demonstrates that few of the twenty-four FBI channelers have a national network and can provide the other two check components

(NSOPW and state check).

9. Any other facts supporting the use of other than full and open competition.

Currently, the services requested are completed by two (2) organizations. By combining into one procurement, the Government: (1) improves efficiency; (2) saves Grantees’ time by having one system to review adjudication recommendations; and (3) realizes cost savings by maintaining one contract at no cost to the Government.

Bundling/Consolidation

Per FAR Part 2, Consolidation or consolidated requirement “Means a solicitation for a single contract, a multiple-award contract, a task order, or a delivery order to satisfy- (i) Two or more requirements of the Federal agency for supplies or services that have been provided to or performed for the Federal agency under two or more separate contracts, each of which was lower in cost than the total cost of the contract for which offers are solicited.”

Both BPAs with Truescreen and Fieldprint have a $0 cost to AmeriCorps and the grantees pay the fees associated for service from both Contractors. As such, each contract is not lower in cost than the total cost of the contract for which offers are solicited.

Next, AmeriCorps’ Grantees Background Checks is not considered bundling or a bundled requirement. FAR Part 2 outlines bundling as “a subset of consolidation that combines two or more requirements for supplies or services, previously provided or performed under separate smaller contracts (see paragraph (2) of this definition), into a solicitation for a single contract, a multiple-award contract, or a task or delivery order that is likely to be unsuitable for award to a small business concern (even if it is suitable for award to a small business with a Small Business Teaming

Arrangement) due to—

(i) The diversity, size, or specialized nature of the elements of the performance specified;

(ii) The aggregate dollar value of the anticipated award;

(iii) The geographical dispersion of the contract performance sites; or

(iv) Any combination of the factors described in paragraphs (1)(i), (ii), and (iii) of this definition.”

However, unlike in the definition for consolidation, “separate smaller contract… means a contract that has been performed by one or more small business concerns or that was suitable for award to one or more small business concerns.” Neither current awarded contractor (Truescreen or Fieldprint) is considered a small business. Both are considered “other than small” businesses.

The Office of Monitoring requires the services of one (1) Federal Bureau of Investigation (FBI) approved Channeler to provide FBI Channeling and Non-Channeling activities for AmeriCorps grant recipients, including facilitating FBI fingerprint-based checks; obtaining state Criminal History

Record Information (CHRI) and nationwide sex offender registry records; and providing adjudication recommendations. As of 27 November 2023, there were 24 FBI-approved Channelers.

Of the 24 FBI-approved Channelers, 13 are considered small businesses. Of the 13 small businesses, eight (8) present the applicable NAICS code: 561611 – Investigation and Personal Background Check

Services.

1A Tampa Livescan Fingerprinting, LLC Biometric Impressions Corp

Accurate Biometrics Biometrics4All, Inc

American BioIdentity, Inc Datamaxx Applied Technologies, Inc.

Automation Designs & Solutions, Inc PrintScan LLC (per SAM Kid-Scan LLC)

In May 2023, a Request for Information was sent to the approved list of FBI-approved Channelers.

Two (2) responses were received: (a) ; and (b) Truescreen. On 09 May 2023, Mr.

at responded that the organization could not participate in the

RFI because, although the organization had been selected by the FBI as an approved channeler, the

FBI has not yet gotten the company and other newer approved channelers connected to the system to directly process FBI background checks both for departmental order (DO) as well as Authorized

Recipient (AR) clients.

Both and Truescreen are considered “other than small” businesses. None of the small business FBI-approved contractors submitted a response to the RFI. As such, Consolidating/Bundling procedures are not required for this procurement.

10. Listing of sources.

cannot meet Agency need. In their response to the May RFI, reported a network of 800 fingerprint locations, less than half the coverage needed to meet AmeriCorps current service level of 1,750 locations. And reported they would have a labor cost per hour for any system changes needed. grant recipients pay the cost of all services when they order checks. Truescreen has knowledge of the requirements and can incorporate any changes needed at no cost to the Government.

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

The period of performance will include a 60-month period of performance, including one 12-month base period and four (4) 12-month option periods that may be exercised in accordance with FAR

52.217-9: Option to Extend the Term of the Contract. An additional six-month option period may be