JA_for_bridge contract for NNCP.pdf

FEDERAL BUREAU OF INVESTIGATION

FINANCE DIVISION IPROCUREMENT

SECTION

JUSTIFICATION ANDApPROVAL (J&A) FOR OTHER

THAN FULL AND OPEN COMPETITION

Justification for Other than Full and Open Competition In Accordance With 41 U.S.C. 3304(a)(2) and FAR 6.302-2

Requisition Number: TBD

Date: February 24, 202l Estimated Contract Dollar Value: $3,300,000.00

1. Identification of the agency and contracting activity.

The u.s. Department of Justice, Federal Bureau of Investigation (FBI), Professional Services Acquisition Unit (PSAU), has prepared this justification for other than full and open competition for administrative and analysis support services for the National Name Check Program (NNCP) in accordance with FBI mission objectives and priorities on behalf of the Information Management Division (lMD).

2. The nature and/or description of the action being approved, i.e., sole source, limited competition, establishment of a new source, etc.

This action represents a new bridge contract, issued on a sole-source basis to PAE for purposes of continuing existing, mission critical administrative and analysis support services. The planned contract type is time and materials (T&M), utilizing firm fixed hourly rates. The FBI currently procures these services through contract number: 15F06719F0004409.

3. A description of the supplies or services required to meet the agency's needs.

The requirement is to continue mission critical analysis support services to avoid interruption during the protest of the award of the follow-on contract. The contract term will be a two (2) month base period plus one (1) one-month option, for a maximum period of three (3) months and approximately $3.3 million if all options are exercised. The services provide research, analytical services, and reporting services for authorized Federal Agencies and law enforcement organizations.

4. The statutory authority permitting other than full and open competition.

The statutory authority permitting other than full and open competition is 41 U. S.C. 3 ~HitH~ implemented by the Federal Acquisition Regulation (FAR) Subpart 6.307-2 entitled 'Unusual and Compelling Urgency."

5. Demonstrate the unique qualifications 01 me vnlfl'Osed contractor or the nature of the action requiring the use of the authority.

PAE is uniquely qualified to continue providing support to the NNCP until the Government Accountability Office (GAO) makes a ruling on the protest. The FBI anticipates a ruling in late May 2020 during the performance of this bridge.

The FBI's current contractl endSm March 29,2021. In order to maintain critical NNCP support, the FBI must execute a soTe source bridge contract to PAE. PAE has already been vetted by FBI Security Division and is capable of continuing service without a stoppage. -

6. A description of efforts made to ensure that offers are solicited from as many potential sourc~s as is practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies.

The J&A will be posted in Beta Sam prior to award.

- L _

7. The anticipated dollar value of the proposed acquisition, including optIons if applicablel' and a determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The anticipated value of this bridge contract is approximately $3.3 million if all options are exercised. The FBI Contracting Officer will assess PAE's bridge pricing for reasonableness based on a comparison with mUltiple years of historical pricing for the FBI's current PAE contracts.

Additionally, the FBI Contracting Officer will consider information gained from market research conducted as part of the acquisition planning process for the new NNCP requirement. The Contrl,lcting Officer will negotiate any pricing terms that appear unreasonable based on market research and historical records.

8. A description of the market research conducted and the results.

For the bridge contract specifically, the FBI's did not conduct market research as only the incumbent vendor with the requisite internal FBI security reviews and technical compatibility to ensure no break in service after March 29,2021. Accordingly, the FBI must rely on PAE, its existing vendor, for ongoing mission critical service until the protest is resolved.

9. Any other facts supporting the use of other than full and open competition.

The NNCP support requires a five-week training for all non-incumbent personnel prior to beginning performance. The timeframe required to prevent a lapse in critical service would not allow for a new contractor to the time necessary to adequately train personnel. As the incumbent, PAE is uniquely qualified to meet this requirement.

10. A listing of any sources that expressed a written interest in the acquisition.

None.

11. A statement of any actions the agency may take to remove or overcome any barriers to competition, if subsequent acquisitions are anticipated.

The proposed sole source bridge contract is only intended as a stopgap measure to avoid losing mission critical services between expiration of the current contracts and to cover the current protest of the follow-on contract. The FBI anticipates GAO to rule on the protest during the period of performance of this bridge. Once a decision has been reached, the FBI will no longer require the current bridge contract.

Reviews and Approvals (up to $750K to 5,000,000)

Requestor:

IcertifY that the facts and representations under my cognizance, which are included in this justificat~nd which form a;s..sis for this justification, are complete and accurate.

~ LJ,,}wt:.-tJuJ ,'!>/3IdO;;J/ Date

Contracting Officer:

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

3/4/2021 Date

Contracting Officer Professional Services Acquisition Unit

Reviewed and Approved by:

Unit Chiefrream Supervisor:

~ 3}u/u:r.:v/ DateKathrina Sliger

Unit Chief Professional Services Acquisition Unit

Competition Advocate:

Barbara Clouser Competition Advocate Procurement Section

Date