JA - Other than Full and Open Competition EI Investigative Contract WOSB Sole Source Redacted.pdf

DEFENSE THREAT REDUCTION AGENCY

8725 JOHN J. KINGM AN ROAD, STOP 6201

FORT BELVOIR, VA 22060-6201

Code: AL-ACB Solicitation: HDRTA1-24-R-0035

14 March 2024

OTHER THAN FULL AND OPEN COMPETITION JUSTIFICATION

1. Nature and/or Description of Action

The Defense Threat Reduction Agency (DTRA), Office of Equity, Diversity, and Inclusion (EI) proposes to procure, without using full and open competition a contract action to secure highly qualified and experienced contractor services to conduct Equal Employment Opportunity (EEO) Investigations, Alternative Dispute Resolutions (ADR), Final Agency Decisions (FAD)/Final Orders (FO), and preparing recommendations for the agency regarding allegations of discrimination filed against DTRA Ft Belvoir, VA and all geographically dispersed locations, including, but not limited to: Kirkland AFB, NM; Eglin AFB, FL; Travis AFB, CA; and Kaiserslautern, Germany.

2. Description of the Supplies/Services Required

DTRA has a responsibility to provide complainants the opportunity to participate in Alternative Dispute Resolution (ADR) in the informal and formal EEO Complaints process. Additionally, the agency has the responsibility to provide Final Agency Decisions (FAD) and Final Orders (FO). The procedures regarding the processing of EEO Complaints are set forth in Title 29 of the Code of Federal Regulations (CFR), Part 1614; EEOC Management Directive (MD) 110, Federal Sector Complaints Processing Manual; EEOC’s published enforcement guidance; and related documents. Part 1614.102 (c) (4) and (5) of the CFR assigns the Director of the Office of Equity, Diversity, and Inclusion the authority to receive and investigate individual complaints of discrimination.

The estimated dollar amount of this requirement is (if all options are exercised).

The period of performance shall be for one 12-month base period and four 12-month option periods from FY24 through FY28 (Base and 4 Options), (anticipated). Immediate EO Investigation Support Services are needed for DTRA to remain compliant. Services were previously provided by HDTRA1-18-A-0002, Delany, Siegel, Zorn & Associates, Inc (DSZ) as a sole source Women-Owned Small Business (WOSB) concern.

3. Statutory Authority

The statutory authority for this non-competitive action is:

10 U.S.C. 2304(c)(5) or 41 U.S.C. 3304(a)(5), as implemented by FAR 6.302-5, Authorized or Required by Statute

Approved: 16 October 2008

Modified: 26 May 2023

4. Applicability of Authority

Per FAR 6.302-5(b)(7), sole source acquisitions may be authorized when purchasing through programs such as Women-Owned Small Business program (15 U.S.C. 637 (m)). The path presented would be a sole source contract to Delany, Siegel, Zorn & Associates, Inc a certified vendor within the as Women-Owned Small Business program as verified through dsbs.sba.gov.

5. Effort to Solicit Potential Sources

A combination of efforts were used to solicit additional potential sources. DTRA EI and the procurement team worked internally with DTRA Small Business (SB) to locate additional vendors to fulfil the requirement. DTRA SB and the DTRA Contracts team performed market research on the possibility of identifying 8(a) vendors that could possibly service and the agency however, that attempt proved unsuccessful as documented below. In addition, in accordance with FAR 5.201, a sources sought notice was posted on the System for Award Management (SAM) www.Sam.gov on 16 Feb 2024 and closed on 01 Mar 2024. This sources sought was directed towards any certified WOSBs interested in the subject requirement with specific submission requirements. Companies were urged to submit three projects completed within the last five years that were comparable in size, scope and complexity to the project being procured.

Preferrable experiences working within the Department of Defense executing an array of investigation services. In addition, contractors were asked to provide their capability on their process Investigations, Reports of Investigation (ROI), Final Agency Decisions (FAD), Analysis & Preparation of Recommendations, Alternative Dispute Resolution (ADR), Contract Management and Training. Each company’s capability package was then evaluated based on the information provided. More information on the results of the sources sought as well as additional efforts to solicit potential sources is outlined within the Market Research section.

6. Fair and Reasonable Costs

The Contracting Officer will use cost and price analysis to determine that the final price is fair and reasonable. Analysis of the proposals will be performed by technical analysts and contract specialists, and if needed the assistance of the Defense Contract Audit Agency auditors and/or Defense Contract Management Agency will be requested.

7. Market Research

Market Research was conducted between June 2023 and November 2023. Utilizing the GSA Library Search Engine 47 agencies were identified as providing EEO Complaint processing. The EI Office undertook an in-depth review of each affiliated GSA contract and confirmed a total of 28 agencies who provide some or all of the requested services. Additionally, the DTRA Small Business (SB) Office assisted with the Market Research by reviewing the vetted vendor database to identify vendors who have the necessary facility clearance and capability. The SB Office identified four (4) 8(a) vendors for whom they requested capability statements and briefings.

http://www.sam.gov/

8. Other Facts

Additional Regulations: Title 29 of the Code of Federal Regulations (CFR), Pait 1614; EEOC Management Directive (MD) 110, Federal Sector Complaints Processing Manual; EEOC's published enforcement guidance; and related documents. Pa1i 1614.102 (c) (4) and (5) of the CFR assigns the Director of the Office of Equity, Diversity, and Inclusion the authority to receive and investigate individual complaints of discrimination.

9. Interested Sources

No sources outside of those contacted within the Market Research process contacted DTRA regarding the subject contract action.

10. Subsequent Actions

Delany, Siegel, Zorn and Associates, Inc is a Certified Women Owned Small Business (WOSB) Identified under the Women-Owned Small Business program (15 U.S.C. 637 (m)), Authorized or required by statute (FAR 6.302-5): This authorization allows for other than full and open competition if a statute authorizes or requires that the acquisition be made through another agency or specified source. If another potential source emerges, DTRA will assess whether competition for future requirements is feasible. DTRA will continue to review and consider similar products as they become available to detennine if they meet agency requirements.

Technical Certification

I certify that the data and information forming the basis for this justification are accurate and complete to the best of my knowledge and belief.

Date Equal Employment Opportunity Manager

General Counsel Coordination

This justification is/is not legally sufficient.

Date Associate General Counsel

Contracting Officer Certification and Determination

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Chief, Mission Suppo1i Contracts Division (AL-ACB)

25 March 2024 Date

19 March 2024

20 March 2024