HSSS01-17-P-0121_Single_Source_J&A_Redacted.pdf

\~ARTMENT OF HOMELAND SECURJlY (J United States Secret Service f JUSTIFICATION AND APPROVAL (J&A) FOR PROCUREMENT ACTION

1. Agency and Contracting Activity:

This justification and approval supports the procurement action as described herein. The procurement action will be performed by the Department of Homeland Security, United States Secret Service, Procurement Division ror

Public Tranaporatlon Incentive Program

2. Natura and/or Description of the Action Being Approved:

p bU T t1 1 tJ p (Enter the pto}ec1 tllle a!/t wtllapp .. r In the Project Title: ___ u_c_ra_n_sp,_o_ra __ o_n_n_c_a_n_v_e _rog..z..r_am ___ solicit Ill/on and ~sultant contractlonler)

Nature or Approval Request:

(gJ Other than Full and Open Competition (FAR Part 6, Open Market> $150,000)

0 Umited Source Justification (FAR Part 8, Federal Supply Schedules)

D Exception to Fair Opportunity (FAR Part 16, 1010 Contracts)

3. Description of Supplies/Services and Cost Estimate:

Oescrlpllon. Provide a brief mrrative desafpllcn of the project (or mtJdllic.tlon}. (NOTE. A Stat1ment of ~ (SO~ may be r.ferenced end attached In lieu of ptT:Jvlc/lng a project deKtiptlon. The tetm SOW. aJ used thtuughout thiJ document. Includes "Specircallon." 'Statement of Objectives• (SOO), and "Performance Worlc Statement {PWS). 7 The U.S. Secret Service (USSS) has a requirement In accordance with Federal Acquisition Regulation (FAR) 6.302-1; only one responsible sourca.ln order to meet the requirements of Executive Order 13150, Federal Work force Transportation Aprll21, 2000, USSS Is required to provided federally subsidized mass transit benefits to USSS employees who utilize National Capital Region (NCR) Metro Area Transit Authority (WMATA) Metro ran; WMATA Metro bus; qualified van pool services; VIrginia Railway Express (VRE); Maryland Area Regional-Commuter (MARC) Train, and qualified commuter buses.

IdentifiCation Number: HSSS01-17·R-D011 (SpecJiy the reqUISiilon number. PfOPO~ solicitaiJO(j nllmller. encllor acqul~tlorl plan number}

Procurement History of the Proposed Action (If any):

Provfde hlslorical contract data (Include contract number, period of petfonnance, contractor, 111d total award value.

Estimate Dollar Value (Inclusive of options, which will be evaluated pre-award unless otherwise stated:

Performance/Delivery:

The bue period of performance Is expected to be MatCh 1, 2100(, thtT:JUflh February 28, 20XX, with four (4) one-year option periodl.

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4. Authority Cited:

The authority permitting (A) other than run open competition, (B) limited sources, or (C) exception to fair opportunity is Indicated below:

A) Open Market Acquisition (FAR Subpart 6.3) -Other than Full and Open Competition

18] 41 USC§ 3304 {a)(1), FAR 6.302-1. ONLY ONE RESPONSIBLE SOURCE and no other supplies or services wat satisfy agency requirements. This authority includes brand name.

NOTE: FAR 6.302-1(c) Application for brand name descriptions. (1) An acquisition or portion of an acquisition that uses a brand name description or other purchase description to specify a particular brand name, product, or feature of a product, pecutiar to one manufacturer-

(i) Does not provide for full and open competition, regardless of the number of sources solicited; and (If) Shall be justified and approved In accordance with 6.303 and 6 .301 .

0 41 USC§ 3304(a)(2), FAR 6.302-2. UNUSUAL AND COMPELLING URGENCY.

0 41 USC§ 3304(a)(3), FAR 6.302-3. INDUSTRIAL MOBIUZATION; ENGINEERING, DEVELOPMENTAL, OR RESEARCH CAPABIUTY; OR EXPERT SERVICES.

0 41 USC§ 3304(a)(4}, FAR 6.302-4. INTERNATIONAL AGREEMENT.

0 41 USC§ 3304(a)(5), FAR 6.302·5. AUTHORIZED OR REQUIRED BY STATUTE.

(Identity Slatute}

0 41 USC§ 3304{a)(6), FAR 6.302-6. NATIONAL SECURITY.

0 41 USC§ 3304{a)(7), FAR 6.302-7. PUBUC INTEREST (shall not be used when any other circumstance is applicable. See NOTE under ''Approvals").

B) Federal Supply Schedules (FAR Subpart 8.4) • Umlted Sources

0 40 USC§ 121(c)(1), FAR 8.405.0(a)(1)(i)(A). An URGENT ANp COMPELUNG NEED exists, and following the procedures would result in unacceptable delays.

0 40 USC§ 121{c)(1), FAR 8.405-6(a)(1){i)(B). ONLY ONE SOURCE is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized

NOTE: FAR 8.405-6{b). Items peculiar to one manufacturer. An item peculiar to one manufacturer can be a particular brand name, product, or a feature of a product, peculiar to one manufacturer. A brand name Item, whether available on one or more schedule contracts, Is an Item peculiar to one manufacturer. (1) Brand name speciftcatlons shall not be used unless the particular brand name, product, or feature is essential to the Government's requirements, and market research indicates other companies' similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency's needs.

0 40 USC§ 121(c)(1), FAR 8.405-6(a)(1)(1)(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. The original order BPA must not have been previously issued under sole-source or limited-sources procedures.

C) Indefinite-Delivery lndannlte Quantity {IDIQ) (FAR Subpart 16.5) ·Exception to Fair Opportunity

0 41 USC§ 4106(c)(1), FAR 16.505(b)(2)(1)(A). The agency need for the supplies or services Is so URGENT that providing a fair opportunity would result in unacceptable delays.

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0 41 USC§ 4106(c)(2), FAR 16.505(b)(2)(i)(B). ONLY ONE AWARDEE is capable of providing the supplies or servk:es· required at the level of quality required because tile supplies or services ordered are unique or highly specialized.

0 41 USC§ 4106(c)(3), FAR 16.505(b)(2)(i)(C). The order must be issued on a sole-source basis In the Interest of economy and effiCiency because It Is a LOGICAL FOLLOW:QN to an order already Issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

0 41 USC§ 4106(c)(4), FAR 16.505(b)(2)(1)(0). It Is necessary to place an order to satisfy a MINIMUM

GUARANTEE.

0 FAR 16.505(b)(2)(1)(E). For orders exceeding the simplified acquisition threshold, a STATUTE expressly authorizes or requites that the purchase be made from a specified source.

5. Reason for Authority Cited:

Provide n~tionale that suppott& the u~ of the authority ciled. II ~pllcllble, Identify the pmpost~d or potential conlractorts,, and Include an IIJ.~pth dl&cussion for 1~ proposed conlntctOI's unique qUIIIf1cii/Jon.s lor fulfilling 1M contntct requirements. For ex amp~. If the authority Is FAR 6 JOZ·Z.

·unusual and compelling urpency, • Include thfl requ/n:d :schedule 111d lead-Ume Involved along with • dlscuulon of the serious Injury to the GovemmtJnt which would result If awvrl of • ~ontract Is delayed.

Under Section 2 of Executive Order No.13150, Transportation Equity Act for the 21st Century. Section 1911 of the Energy Polley Act of1992, Section 531(a)(1) of the Deficit Reduction Act of 1984, and the Federal Employees Clean Air Incentive Act, federal agencies In the national capital region ware ordered to Implement a transportation fringe benefit program where transit passes are Issued to qualifying federal employees.

WMAT A Is the only source that provides the Smartbenefill program to the NCR metro area. The Smartbenents program Is only to provide transit benefits to support public commuters. FAR 6.302-1(a)(2)(1)

6. Actions Taken to Increase Competition :

Describe eHorls !l!ldcr th/1 PlpCtlllml/l( tciiQO to enwre Offers are solicllftd from u many potential sourees as p1'8cJ/Cabte. EHOits 1111y Include Procurament DMslon led lnduJity days, Requests lor lnform•llon (RFisJ, Soun:es Soughtennounc•ments, Advance Planning Forecast Systftm (APFS) notiiTCIItloru, etc. Also. descrtbe the extent o/ competition antlclplled for this Kqul311/on (I e .• none, lim1led, etc.J.

FAR 6.302·1 -Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. WMATA service Is unique to the NCR metro area, Is the only provider that offers multiple transit vehicles for official business. and has the capability to handle mass transit for employees of the USSS In the Washington. DC metro area. For this reason, the USSS shall procure a sola source acquisition with WMATA.

The Request for Information (RFI) Notice of Intent to award a sole source contract to WMATA was posted on Federal Business Opportunities (FBO) (fedblzopps.gov} on Marcli 8, 2017 with a response date for all Interested parties on March 20, 2011.

7. Determination of Fair and Reasonable Pricing:

InclUde 1 m/ement by 1M contrKt/ng offQr /hll the antieplled cost will be eva/uatt!d lor price fllmesJ end reasonablene:ss, and provide the basil for thl:s determin.tion. The stepJ lhll will bfl taken to ensun: the fltlll conltBd price wiN be fair end raesonlb/e may Include: ,.suits of mlfket nseateh, current prke lists, cll-'og:s or adwut/Hments: comparison wHh similar items In • releted indUslty; comparison to an Independent Govemment estlmltfl. or. 1111olher raaSOtlllble basis

Desalbe thfl eXIent of co.st or price analysis anl{cjpatftd Including thB requbment for cettified co.st or pridng dlt•. technlcelevallllltlons. and IUdils

(FAR 6.JOJ.2(1)(7)).

WMATA's currant price list Is publicized on their web page (wmata.com) and Is comparable to similar services In the related Industry. The estimated yearly amount Is based on the USSS qualified employee's participation and budgetary estimates of the agencies allocation for employees.

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8. Market Survey :

DeJcrlbe the marllet resell'dlthat was conducted end the mulls of thet effort (see FAR Pert 10) , Examples of market research Inc/~.

• Issuing a Sources Sought announcement In FedBizOpps (FBO);

• Publishing e Request For lnfomletloll (RFIJ:

• Reviewing liteflllure published by queUiied Otpenlzlttlons;

• COtltaglng knowledgeable ec:quisJtlon end pmgram offiCials tn G~mtNtll and lndu&lty reglltfJ/ng mnet cepabl/ltlfu; llld

• Convening • pre-so/JcJtallon t:a~~ference to exchange fnlonnetion with the merlfetplace

If marlfet research was not CQnducted, provfde an ex~natlon. (NOTE: Issuing the FBO 110tlc:e does not, In and of itself. constitute m~~rlfet researr:h)

Performed Market Research on March 8, 2017 and the results concluded that WMATA Is the only source that provides USSS employees with public transportation to and from designated work locations within the Washington DC metro area.

9. Other Factors Supporting the Usa of Other than Full and Open CompetJtlon:

Cite any other factrn not mentioned eerfler In 1M )ustllfcetlon as to Why the requltetMnt cannot be competed to the lu/Wst extent. Also. /I applicable· t•J e11plaln why technical deta pec:lcegu, specifiCations, engineering dflsetiptlons, statements of worlc, or purr:haSfl desl!liptlons sullable for full and open c:ompetillon have not been developed or are nol available for 1 competitive acqui&Hion:

(bJ when thft requirement can only be saffsfled by one responsible .soun:e fore follow-on acquisition (see FAR 6.302·1(eJ(2J(bJJ, Indicate whether there would be (1) uMccepWJ/e delays In IUiiJII/119 the agency's requltements and/or (i} dupfJc:atlon of c:o.st by award to another organizatiOn and, if so, provide an •stlmate of the cost duplication end how it was derived;

(c) K the justifK:Ittlon Is based on unusual end CQfJJpellng wpency. lndlcaltl (using data. estimated c:o&t, or other rationale) the extent end nature of the hatm that the SeiVice would Incur and/or the lllfllt:Cftptable de/eys lh« would occur. Also, txplaln whether the propoS«/ period of performance Is tiH!

minimum acceptable period necessllf)' to mtflt mfufon requlnlments, Including why 1 JIKNter period Is not advisable. If future extensions ant antklpated. Indicate wfult steps will ba taun 1o e~ ~ solk:lt cornpetlllon. (NOTE· 1M length of a conttriCI or order awarrled ~r tha.sa cln:umstances cannot IJICIItld on11 year unlen approved by the Held of 1M ContnM;tlng Aclivlty.) Provide the rationale as to the extent end nature of the hamt to the Government.

WMATA Is currently the only source available to meet this requirement. FAR 6.302·1 • Only One Responsible Source and No Other Suppltes or Services Will Satisfy Agency Requirements. WMATA service Is unique to the NCR metro area, Is the only provider that offers multiple transit vehicles for off1clal business, and has the capability to handle mass transit for employees of the USSS In the Washington, DC metro area. The Smartbenents program Is only to provide transit benefits to support public commuters. FAR 6.302-1(a)(2)(1).

1 O. Interested Sources:

LW the SDurces, //any, lhlll have ftltpressed an lntentst, in writing, In the acquisition and providtt an expfanll/fon of why they are not being conskJered.

If no expntulons of Interest heve been received, enter •No Olher sources have expressed an interest. in Wtiling. In the proposed et:t~ulslllon. •

Any responses, such as capability statements, ~din response to a publilhed notice (e.g .• • Soutcas SDUfJhl nota or Request for Information} must be evaluated. Include all reJPonses e.s an ettschment to lhls Justlficllllon and !tppmval, along with the 1111me.s of tht Individuals who participated In a revlrN of those rr:JPonsts end • copy of the communication to each Olflaniztllon that responded. In addition, document any ntquest.! medii to the CO by Interested txpenlzallons for a copy of the sollelletlon or SOW with the follawlng lnlomlatlon: (a) the name of and c:ontllt:t lrlfotrMtlon lor the organization thet submilted the request: (bJ sny communlcatlon.s wHh the requeJtor; and (cJ the dlsposltlon of the request.

The Request for Information (RFJ) Notfce of Intent to award a sole source contract to WMATA was posted on Federal Business Opportunities (FBO) (fedblzopps.gov) on March 8, 2017 with a response date for all Interested parties on March 20, 2017.

11 . Proposed Actions the Agency May Taka to Remove or Overcome Any Barriers to Competition Before Any Subsequent Acquisition for the Required Supplies or Services:

Provide e brief &tatenlftnt as to whether or not there are future plans to acqulte the same typo of supplies or services, • g., furth•r exten.sions or renewals by competitive or other means. If subsequent ec:qufsltlons ate antlclplled, state the actions taken, or antic/paled, to avoid conl/nued noncompetitive acqlllslllon of the requltament and provide e schedule lor atcompllshlng those ar;tlons. (NOTE: This may Involve re-c:ompetlng s successor requlmment st a Jog/eel juncture In the phasing of the ptfJ/ect or "btwaklng out• segments of the requllem•nt lo facilitate compelltlon. where fessible.J ff no actions haVft been or wiN be undettak•n to oVftn:ome barriers to competition lor fulure sc:qul.sillons. so Indicate and provfde an expllllllltion.

The USSS will continue to perform market research to see If there are other vendors that can meet the requirement. If at any point In the future, It Is discovered there Is another source offering the same access, the USSS will evaluate, and consider the source based on the necessitated requirements.

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12. CertlficatJons & Approvals:

8 . . .

In accordance with the authorily(les) Indicated In Section 4, above. and agency procedures, aN justiftcation documents must follow the approval process stated below.

Certification (Always Required):

The undersigned hereby certifies that the information provided herein to support this justifiCation is complete and accurate to the best of his or her knowledge and belief.

Program Office (e.g COR. SAIC. Proaram Manaaer. or Division Chief In accordance with business unit ooerahng orocedures)

Pri Signature: Date:

Review for Legal Sufficiency (Above $150,000):

Printed Name·

Signature:

Approvals:

Contracting Officer ( ired):

Prinled Neme

Slgnalure: •

Printed Name:

S. I -~~~ l-~---IQna ure:

PRO Division Chlef/ ): c Prlnied N :r '-' Signature:

PHS Chief Procurement Officer (>$62.5 milliOIJ):

Date:

Date:

Dale:

Date:

Date:

Printed Name:-------------------

Signature:------------------- Date:

NOTE: Competition Advoc:ate, HCA & CPO approval required regardless of dollar amount, when contract Is awarded under FAR 6.302·7, Public lnteresL

SSF 3306A (1212015) ATTACHMENTS: Referenced Supporting Data Page 5ol5