TAB_A_DOHA_LSJ_-_Bridge_Order_Final_031616.pdf

DEPARTMENT OF DEFENSE

WASHINGTON HEADQUARTERS SERVICES

1155 DEFENSE PENTAGON

WASHINGTON, DC 20301-1155

ACQUISITION

DIRECTORATE

11 March 2016

LIMITED SOURCES JUSTIFICATION FOR FSS ORDER

1. Contracting Activity

Washington Headquarters Services – Acquisition Directorate (WHS/AD) 1225 South Clark Street Arlington, VA 22209-1901

Requiring Activity: Defense Legal Services Agency, Defense Office of Hearings and Appeals

2. Description of the Action Being Approved

WHS/AD has a requirement for continuity of services on a limited sources basis, pursuant to FAR 8.405-6(a), via bridge task order. Current services, for administrative litigation support, are being rendered under Federal Supply Schedule (FSS) task order GS-00F-0059M/ HQ0034-l0-F- 2094. Continuation of these services are required to maintain daily operational support activities as they relate to the Defense Office of Hearings and Appeals (DOHA) mission and other related functions.

The proposed contractor is:

Jardon & Howard Technologies, Inc. (JHT) 2710 Discovery Drive, Suite 100 Orlando, FL 32826-3013

3. Description of Services:

The requirement is to support the DOHA for administrative litigation support services. These services provide for the execution of DOHA's broad and diverse mission of facilitating inter-governmental operational requirements. Specifically, these services require contractor support to perform day-to-day litigation support services and administrative support activities as they relate to the DOHA mission and other related functions. The need for specialized knowledge, familiarity, and special care in handling the PII in every one of DOHA's cases is magnified by the national security implications and the sensitive personal nature of the facts in the security clearance, CAC, TRICARE, financial claims and waivers, and Special Education cases.

Currently, these services are provided by JHT via GS-00F-0059M/ HQ0034-10-F-2094 which expires on 28 March 2016. JHT is currently the only source that has the requisite operational ready personnel that are cleared and trained to perform the requirements and possess the specialized knowledge of sensitive case file handling needed and that can maintain the operational tempo for the period of performance contemplated.

This contract action would constitute a new task order, under Federal Supply Schedule Contract # GS-00F-0059, for a period of four months. The proposed period of performance for this contract action is 29 March 2016 - 28 July 2016. The estimated value of this action is $1,164,092.80 funded by FY16 Operations and Maintenance (O&M) appropriations. The Government is currently in the process of awarding a competitive contract for these services and anticipates an award date of no later than 28 July 2016.

4. Statutory Authority Permitting Other Than Full and Open Competition:

This acquisition is being 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, in accordance with FAR 8.405-6(a), Limited Sources. This task order award is being conducted on a sole source basis, in the interest of economy and efficiency as a logical follow on to an original Federal Supply Schedule Contract/Order No. GS-00F-0059M/HQ0034-l0-F-2094 pursuant to FAR 8.405-6(a)(l)(i)(C). The original award was competitively solicited and awarded using the ordering procedures at FAR 8.405. This task order bridge is necessary to provide continued support to DOHA while a competition is conducted and transition of activities is completed. The anticipated award date for this contract action is 28 March 2016. The original competitive requirement for Litigation and Administrative Support Services was awarded on September 30, 2010.

The regulatory authority which permits restricting consideration of schedule contractors is FAR 8.405-6. Specifically, competition for this acquisition is waived based on criteria cited in FAR 8.405-6(a)(1)(i)(C) in the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. This requirement constitutes a follow-on effort due to the fact that the re-competition effort for this requirement, though imminent, is not yet complete.

5. Rationale Justifying Use of Cited Statutory Authority:

The Government has made significant progress in the re-competition effort of the new award for these services. However, the program office has requested significant changes to their requirement and additional time, beyond the task order expiration date, is required to complete the procurement process. The contracting officer determined that there was insufficient time to fully execute the competitive procurement for award by 28 March 2016. To prevent a gap in service, the contracting officer decided that the best strategy for a long term solution would be to award a task order for a follow-on action with a short interim period of performance order that will allow sufficient time to adequately complete the procurement process.

There are no other means to prevent a gap in service as FAR 52.217-8 'Option to Extend Services' has already been exercised. As such, the rationale for the four (4) month period of performance is based on the need for efficiency and continuity of services which will allow the Government adequate time to complete the re-competition of the new contract. The new contract, estimated at $24M, may use FAR Part 8 procedures which require extended time for a proper synopsis, as well as several weeks to evaluate quotations, prepare the selection decision, obtain legal review, and award the contract.

It is necessary to limit competition for the work described herein as a logical follow-on for the following reasons. Transition to a new contractor for this short period of time would involve disruptive transition efforts, lengthy personnel security clearance processing and a need to brief and indoctrinate new contractor's personnel; thus would be inefficient. The time and expense associated with the transitioning to a new contractor for such a short duration would be cost prohibitive to the program and cause unacceptable programmatic delays. Additionally, DOHA will encounter a significant disruption of operational services for their core mission and create widespread negative effect throughout the Defense Legal Services Agency, Defense Office of Hearings and Appeals, and all agencies serviced.

Furthermore, DOHA does not have sufficient government personnel to maintain the workload without disruption of services. This action would be an interim resolution to the technical and operational risks to DOHA to maintain operational readiness. This procurement would also allow for DOHA to maintain the specialized knowledge that the JHT resources provide regarding the internal litigation support services and administrative functions.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Possible:

No contractors were identified that could provide the required services within the agency's time frame.

7. Determination of Fair and Reasonable Cost

The Contracting Officer has determined that issuing the proposed Task Order to JHT for Litigation and Administrative Support Services for the DOHA represents the best value and will result in the lowest overall cost, considering price and administrative costs, to meet the Government's needs. This task order will be awarded in accordance with FAR 8.404, "Use of Federal Supply Schedules" and the terms and conditions of the original, conformed task order.

The General Services Administration (GSA) has already negotiated fair and reasonable pricing rates and the price for this extension task order will be analyzed based on those rates as negotiated in the current task order. The contracting officer will also consider DFARS and local guidance regarding the use of FSS pricing. Additionally, prior to issuance of the task order, the ordering activity will consider the level of effort and the mix of labor categories proposed to perform the specific task being ordered in order to determine that the total price is reasonable.

The contractor's labor mix and level of effort will also be compared to the Independent Government Cost Estimate (IGCE).

8. Description of Market Research

On 4 September 2015, WHS/AD issued a sources sought synopsis on the Federal Business Opportunities (FBO) website and posted a draft performance work statement (PWS) under FBO Notice HQ003415R I000. The intent of the sources sought was to solicit capable sources, notwithstanding that the agency determined that extending the current service is the only way of providing the services without causing unreasonable cost and schedule delays to the customer.

The sources sought response due date was 21 September 2015 at 12:00 PM. The Government received nine responses; three Women Owned Small Businesses, three 8(a), and two Service Disabled Veteran Owned Small Businesses (SDVOSB) and a large business. Furthermore, WHS/AD reviewed contracts from other agencies and searched GSA Advantage and the Dynamic Small Business Search to identify other sources with the applicable NAICS code. The information obtained from this research effort was used to develop the new contract/task order acquisition strategy.

On 16 November 2015, sources sought No. HQ003416R0144 was issued on FedBizOpps (FBO).

This sources sought had a response due date of 16 December 2015. WHS/AD received 15 capability statements in response to the sources sought notice. The fifteen Capability Statements for DOHA's administrative litigation support contract were immediately reviewed by DOHA and it was determined that only three vendors showed a demonstrated capability to meet the terms of the contract.

On December 1, 2015, while the RFI was still posted via FBO, the Enterprise Strategic Sourcing Branch (ESSB) listed the newly awarded strategic sourcing acquisition vehicle TEAMS- Technical Engineering Analytical Management Support Blanket Purchase Agreement (BPA). In accordance with the Acquisition Directorate Acquisition Policy (ADAP) section 7.902 (S-91) Policy, "if the requirement is within the scope of a vehicle appearing on the ESSB list and if market research demonstrates it is in the best interest of the Government to use the listed contract vehicle, then the [Contracting Officer] shall use that listed strategic sourcing acquisition vehicle after fully considering alternatives.”

Time is needed to 1. determine whether or not DOHA's administrative litigation support services requirements are within the scope of the TEAMS-BPA acquisition vehicle; 2. consider the alternatives to TEAMS BPA; 3. using market research to make a determination of what contracting vehicle is in the best interest of the Government to use for the new contract; and 4.

issue a solicitation.

9. Other Facts

There are no additional facts supporting this justification.

10. Listing of Interested Sources

Other than the incumbent contractor, JHT, there are no interested sources for this action.

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

This action effectively extends current services via follow-on task order for a period of four-months. Development of a solicitation for the competitive competition for the requirement is in progress. Award of the new requirement is anticipated by 28 July 2016. The program office estimates the new award value at $24M. . The period of performance length is necessary for the completion of the award process and transitioning services from Jardon & Howard Technologies, Inc. to the awardee of the competitive follow on contract/task order.

3/11/2016

Digitally signed by

SOLOMON.REGINALD.O.104606

Date: 2016.03.11 14:59:46 -05'00' Adobe Acrobat version: 11.0.14