A04_Justification_and_Approval.pdf

ACQUISITION DIRECTORATE

DEPARTMENT OF DEFENSE

WASHINGTON HEADQUARTERS SERVICES

1155 DEFENSE PENTAGON

WASHINGTON, DC 20301-1155

ATTACHMENT B

Control No. 2019-WHS-0102

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES

FOR CERTAIN COMMERCIAL ITEMS

UNDER FEDERAL ACQUISITION REGULATION (FAR) 13.5

1. AGENCY AND CONTRACTING ACTIVITY:

Agency:

The Department of Defense (DoD), Office of the Chief Management Officer, Directorate of Administration and Organizational Policy (DA&OP)

Contracting Activity:

The Department of Defense, Washington Headquarters Services (WHS), Acquisition Directorate (AD)

2. DESCRIPTION OF ACTION: WHS/AD proposes to issue a short-term, sole source bridge contract to the incumbent, Analytic Services, Inc. (ANSER). The services required are Office Support Services and are needed to facilitate and support the government mission of the DA&OP. The government anticipates awarding a Firm- Fixed-Price contract continuing the tasks and level of effort of the expiring order, HQ0034-12-D-0021-0002.

3. DESCRIPTION OF SUPPLIES/SERVICES: This requirement is to support DA&OP and the Directorate for Oversight and Compliance (O&C) which jointly rely upon the expiring contract vehicle.

Under the authority, direction, and control of the Chief Management Officer (CMO) of the DoD, the responsibilities and functions of DA&OP include the following:

a) Carry out deliberate or urgent Department of Defense (DoD) and OSD organizational and management planning, including the establishment of new organizations and/or the realignment or transfer of responsibilities and functions, in support of the Secretary of Defense (SD) and Deputy Secretary of Defense (DSD) and the CMO, as well as the OSD Principal Staff Assistants (PSAs) and other senior leaders in the

Department, when appropriate, and to provide these recommendations and assessments as an organizational “honest broker”.

b) Provide oversight, support, analyses, and/or recommendations on DoD corporate governance matters to the DSD and the CMO.

c) Provide advice and assistance on OSD/DoD-wide initiatives and projects ensuring that recommendations and courses of action adhere to the highest levels of effectiveness and efficiency and protect the leadership and management authorities and prerogatives of the SD.

d) Oversee and manage the instruments, including DoD Charter Directives and directive-type memoranda, used by the SD and DSD supported by the DA&M to provide guidance to the Heads of the DoD Components regarding their missions, organization and management structure, responsibilities, functions, organizational relationships, and authorities.

e) Oversee and direct OSD-wide and/or DoD-wide management and assessment programs, including the OSD Total Force Manpower Management Program, the Biennial Review of Defense Agencies and DoD Field Activities, and the DoD Executive Agent Program, as well as provide support to other SD priorities, such as the OSD- and DoD-level organizational reform and efficiency reviews, the Quadrennial Defense Review, and any similar DoD-wide efforts.

f) Carry out other responsibilities and functions, as assigned.

Under the authority, direction, and control of the CMO, the relevant responsibilities and functions of O&C include the following:

a) Provide suggested inputs which may be considered by government personnel for use in relation to a wide variety of efforts regarding legislative, regulatory, and regulatory reform matters. These include Administration priorities, and a robust analytic capability to include regulatory analysis and economic impacts of regulatory changes.

b) Provide governance/compliance review in support of the Advisory Committee Management Officer as it pertains to the Federal Advisory Committee Act of 1972, and DoD established advisory committees.

c) Conduct governance/compliance analysis and produce final documents for government approval for all DoD established advisory committees pertaining to:

establishment of advisory committees, biennial review of charters and membership balance plans, and annual appointments of committee/subcommittee member appointments by the Secretary of Defense.

4. AUTHORITY CITED: This action is under the procedures of under the procedures of

Federal Acquisition Regulation (FAR) 13.501(a) Sole Source (including brand name) acquisitions under the authority of:

☒41 U.S.C. 1901, Simplified Acquisition Procedures ☐41 U.S.C. 1903, Special Emergency Procurement Authority

5. REASON FOR AUTHORITY CITED: The OCMO has been undergoing a reorganization during calendar year 2019, and a study of the functions of DA&OP is underway at this time. Unfortunately, the results of that study, and senior management decisions subsequent to that study, have not become available to support the re-compete that was contemplated. A competitive RFP was issued pursuant to the structures and provisions of the WHS/AD TEAMS vehicles, and then cancelled at senior management direction when it became apparent that requirements are likely to change. TEAMS is a BPA structure which facilitates competition among holders of separately-established and relevant GSA Schedule contracts. Determination of requirements after the reorganization could not be completed prior to the expiration of the current task order.

The government intends to issue a six-month sole source contract to the incumbent, to include the exact level of effort, taskings, and pricing. The anticipated pricing is the same as the last price paid for the current period of performance.

6. EFFORTS TO OBTAIN COMPETITION: Receipt of offers prior to the expiration of the current task order is not feasible and a lapse in support would not be acceptable due to the disruption to the government’s mission that would result in harm to the Government.

A competitive Request for Proposal will be issued during the six-month sole source period which will reflect the final requirement set, and will be opened to all participants in the WHS/AD TEAMS BPA holders. Note that an FBO notification of the competitive action was published on June 13, 2019 to announce the Government’s intent to solicit this requirement during fiscal year 2020.

7. FAIR AND REASONABLE COST DETERMINATION: The Contracting Officer will determine price reasonableness by using the techniques identified in FAR 15.404- 1(b) to ensure proposed price is fair and reasonable. The Government intends to request labor categories, labor rates and total number of hours as part of the contractor’s price proposal to conduct a price analysis.

8. MARKET RESEARCH: The market research conducted involved researching the previous acquisition to determine if the requirement was competed in accordance with the applicable Federal Acquisition Regulations. It was determined that the previous acquisition was competed as a full and open competition requirement and awarded to Analytic Services, Inc. (ANSER). The requirement was competed in accordance with FAR 16.505(b)(1) Fair Opportunity. The Government also conducted market research in GSA Advantage and found over 100 GSA contractors that might offer the same or similar required services under SIN 736, category 1 – Temporary Administrative and Professional Staffing.

9. ANY OTHER FACTS SUPPORTING THE USE OF SOLE SOURCE: N/A

10. INTERESTED SOURCES: As a result of the Special Notice for this requirement, which was posted on FBO on 13 June 2019, WHS/AD received one inquiry on 17 June 2019, which expressed an interest in reviewing the anticipated, future solicitation in FY20, and also requested the FOIA point of contact for information pertaining to the current contract, i.e. HQ0034-12-D-0021-0002. The Contracting Officer responded to the above inquiry on 26 June 2019, and provided the requested information.

11. ACTIONS TO INCREASE COMPETITION: The Government intends to compete a five year contract in fiscal year 2020.

Is this acquisition for a non-competitive follow-on acquisition previously awarded on a non-competitive basis?

☐Yes. A copy of the previous justification is attached. The actions to remove any barriers to competition cited on the previous justification ☐ were ☐ were not completed.

☒No. The original acquisition was conducted on a competitive basis.

CERTIFICATION

I, hereby, certify that the supporting data under my cognizance included in this justification are accurate and complete to the best of my knowledge and belief.

WOLFE.BRETT.N.1027974470

Digitally signed by

WOLFE.BRETT.N.1027974470

Date: 2019.06.28 09:43:53 -04'00'

06/28/2019

Contracting Officer Representative/Program Office Date

APPROVAL

A non-competitive follow-onto a previous awardfor the same supply or service supportedby a justification for other that full and opencompetitionciting the authority at FAR 41 USC 1901 or 41 USC 1903, the justificationfor the follow-onacquisitionshall be approved bythe approval authority one-level above the approvalauthorityfor the previous justification(see FAR 6.304).

I, hereby, certify that the supporting data under my cognizance included in this justification are accurate and complete to the best of my knowledge and belief.

07/10/2019 Contracting Officer Date