M04_Justification_&_Approval_Documentation.pdf

Task/Delivery Order Number: GS-10F-0150W-DJO-NIJ-17-G-0031

LIMITED-SOURCES JUSTIFICATION FOR FEDERAL SUPPLY SCHEDULE

PROGRAM

Upon the basis of the following justification, I, Christopher Henshaw, as the Contracting Officer, hereby approve the use of sources limited to fewer than those required in FAR 8.405-1, FAR 8.405-2, and FAR 8.405-3 pursuant to the authority of 41 U.S.C. 251 as implemented by FAR 8.405-6(a)(1)(i)(B). This acquisition is conducted under the authority of the Multiple-Award Schedule Program (FAR 8.401).

1. Identification of the agency and the contracting activity.

The contracting activity is the Department of Justice (DOJ), Office of Justice Programs (OJP), Office of Administration (OA), and Acquisition Management Division (AMD).

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

The National Institute of Justice (NIJ) has a need to increase the ceiling for the time and materials (T&M) task order GS-10F-0150W-DJO-NIJ-17-G-0031.

3. A complete description of the supplies and/or services required to meet the agency’s needs

A contract modification is necessary for three important instances (listed below) where the level of effort (LOE) will increase. This action will affect the first option period and potentially the successive periods, if exercised.

a) Federal agencies are required by law to consider the impacts of their actions on the human environment and “to use all practicable means and measures...to create and maintain conditions under which man and nature can exist in productive harmony....". (National Environmental Policy Act (NEPA), 42 USC § 4331(a)). Each Agency develops regulations, programs and policies for environmental compliance according to the Agency’s mission and programs.

Over time, both the implementation of NEPA and its practice have evolved.

This change has been in response to a number of factors including litigation, advances in technology, and advances in scientific data and understanding.

Federal agencies are required by the Council on Environmental Quality (CEQ) regulations and guidance to continuously re-evaluate their NEPA programs and revise their policies and procedures as necessary to ensure that their policies and practice reflect the current actions of their agencies along with the most recent guidance on NEPA implementation. NIJ is proposing to make changes to its NEPA program to meet this requirement and to minimize the agency’s risk of non-compliance with both the substantive and procedural provisions of the statute.

b) Post award, NIJ identified a need to appoint a federal subject matter expert (SME) in environmental protection for the purpose of expanding compliance with current NEPA laws; streamlining NIJ’s internal processing of awards involved with chemicals; and reorganizing workflows to ensure that the federal government is the final authority who identifies and approves the contractor’s recommendation for environmental assessments as the law requires. The new federal SME will require consultant services from the contract’s senior staff, which will increase the current LOE overall.

This assistance will include extensive revision of the current waiver that will include new public announcements and other formalities before the document is made final.

c) In 2011, the OJP Assistant Attorney General (AAG) concurred with a NEPA waiver that was being implemented in response to well over twenty (20) years of evidence that the outcomes of NIJ programmatic awards and activities did not present a threat to the environment. As a result of the waiver, NIJ no longer needed to conduct expensive individual environmental assessments. However, in Fiscal Year (FY) 2018, NIJ has encountered three (3) projects that will now require full service needs assessment based on fire testing and other potential environmental impacts. As a result, NIJ will need to anticipate full service work in the future via the production of individual environmental assessments. For this effort, NIJ anticipates an increased level of effort over the entire contract team. While full service environmental assessments were not anticipated, the work was responsibly included in the current Statement of Work

(SOW).

The total estimated value of the ceiling increase is $196,879.60.

4. An identification of the LSJ rationale, and if applicable, a demonstration of the contractor’s unique qualifications to provide the required supply or service.

FAR 8.405-6 (a)(1)(i) (B) - Only one source is capable of responding due to the unique or specialized nature of the work.

It is in the best interest for OJP, NIJ that the NEPA SOW be modified to ensure full compliance with NEPA law. Modifying this task order mitigates risks (i.e.

cost) or delays associated with a potential re-compete and is an efficient use of OJP’s resources and OJP’s ability to meet federal regulations and environmental statutes. All work being requested is within the current scope of the contract. However, based on the history of the NEPA activity, NIJ had no reason to believe at the time of the award that full service environmental assessments would be required and that NEPA compliance requirements would need to be strengthened.

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

The current task order in place utilizes the General Services Administration (GSA) Professional Services Schedule (PSS) contract, GS-10F-0150W, which has approved labor rates and labor categories. The government will utilize the same contract vehicle to acquire these required services, which have been pre-determined to be fair, reasonable, and represents the best value for the DOJ, OJP.

6. A description of the market research conducted among schedule holders, and the results of the research, or a statement why market research was not conducted. A statement must be made that the supplies and services are available from the FSS.

Market research was not conducted however the services are available from the FSS. This modification will be accounted for when this requirement is re-competed.

7. Any other facts supporting the limited source justification.

N/A

8. A statement of the actions, if any, the agency will take to remove or overcome any barriers that led to restricted consideration before any subsequent acquisition for supplies and services is made.

N/A

9. The ordering activity Contracting Officer’s certification that the justification is accurate and complete to the best of the Contracting Officer’s knowledge and belief and evidence that the supporting data that form a basis for the justification have been certified as complete and accurate by technical/program personnel.

Certification

Acquisition Initiator:

I certify that the facts and representations under my cognizance, which are included in this justification and which form a basis for this justification, are complete and accurate.

Signature Date

Contracting Officer:

I certify that this justification is accurate and complete to the best of my knowledge and belief. Since this effort exceeds $150K but does not exceed $700K, this certification serves as approval.

Signature Date

07/25/2018