GSA Limited Source Justification below SAT EEO Investigations To Post.pdf

FSS Order Limited Source - EEO

Rev 03/18/2021 1 of 3

GSA - LIMITED SOURCE JUSTIFICATION FOR FSS ORDER (up to SAT)

1. The service requested is a limited source action to be awarded as a new Federal Supply Schedule order for the services identified in paragraph (2) below. The placement of a firm, fixed price order is anticipated.

2. Limited to the following source for service.

Service Provider: Martin-Miser Associates (Cage 49206) FSS nr: GS02F045GA Service Provider POC & phone nr.: Joe Ford // (888)730-933 // jford@martinmiser.com

3. Identification of the justification rationale.

This acquisition is conducted under the authority of the Multiple Award Schedule Program (Title 41 U.S.C. 152 (3) and Title 40 U.S.C. 501, Services for Executive Agencies). Authority to limit sources to less than those required by FAR 8.405-1 and 8.405-2 is found at FAR 8.405-6. The justification for limiting sources is (i) An urgent and compelling need exists, and following the procedures would result in unacceptable delays.

4. Description of the service required, statement that the requested service represents the minimum requirements of the government, the estimated cost, and required delivery date or performance period.

The service required is to complete three investigations in support of the Department of the Navy (DoN) Equal Opportunity Office (EEO) requirements to meet Report of Investigation (ROI) timelines to mitigate liability/sanctions to Agency (DoN). This service represents the minimum requirements of the government. The estimated cost is $13,275, and the three investigations are to be completed, with applicable reporting provided no later than 60 calendar days after award.

5. Specific characteristics of the service that limit the availability to this source (unique features, function of the item, etc.). Describe in detail why only this suggested source can furnish the requirements to the exclusion of other sources.

EEO claims accepted under the formal process are required to be investigated by no later than 180 days per federal regulations. The DoN EEO program normally has investigative services completed through the Investigative Resolution Division (IRD). A completed Report of Investigation (ROI) to complainant must be completed by 180th day for the Navy EEO program Agency (DoN) not to receive liability/sanctions, unless amended under statutory regulations. The current IRD processing time for assignment of an investigator is 85 days, which does not allow sufficient time for completion of investigation to meet DoN sufficiency review and delivery of ROI by 180th day as required. The DoN EEO program currently has three EEO case investigations that have less than 90 days for an ROI completion in order to stay in compliance.

Martin-Miser Associates has a turn-around time of 60 days for completion and delivery of ROI, with a proven track record of performing timely and high-quality deliverables for the same scope of investigations for other DoN offices. Due to the required timeframe to be met to mitigate negative impacts (liability/sanctions) to the DoN and known capabilities of Martin-Miser Associates to meet timeliness and quality of documentation for these investigations, the

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Government has determined that Martin-Miser Associates is the only company that will be able to meet this urgent and compelling requirement.

A review of eTools in GSA Advantage and DSBS was conducted to determine availability of resources in the market that are small businesses and performs under NAICS 561611 (Investigation Services). Various companies were identified however the amount of time it would take to process a competitive action would take away the most important aspect related to completing these investigations, time. The Government does not consider any cost savings that would be potentially gained in competition could be re-couped based on potential sanctions working with an unknown entity for these quick turn-around requirements at this time. In future requirements, when services are unavailable from IRD (or other DoN procured entities), this office will make every effort to consider competitive acquisition tools.

6. Other information to support a limited source buy:

No additional information.

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7. TECHNICAL OR REQUIREMENTS CERTIFICATION:

I CERTIFY THAT THE FACTS AND REPRESENTATIONS UNDER MY COGNIZANCE

WHICH ARE INCLUDED IN THIS JUSTIFICATION, WHICH FORM A BASIS FOR THIS

JUSTIFICATION, ARE COMPLETE AND ACCURATE.

TECHNICAL/REQUIREMENTS COGNIZANCE

Tracey Small Date Deputy Director EEO NAVFAC Washington 202-386-3522

Upon the basis of the above justification, I hereby approve the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 2304 (c)(2).

ACTIVITY CONTRACTING OFFICER APPROVAL (Level III warranted contracting officer, acting within the limits of their delegated authority, may approve the justification for proposed contract action not exceeding $750,000.) (Refer to NPGI 6.304).

8. CONTRACTING OFFICER

Maryann Hough Date Contracting Officer NAVFAC Washington 202-812-5383

FSS Order Limited Source

Signature Removed for Posting

Signature Removed for Posting