JA_22-17_JOFOC_Redacted.pdf

Justification for Other Than Full and Open Competition

U.S. Department of Housing and Urban Development

Office of the Chief Procurement Officer

PART 1 - PROGRAM OFFICE RECOMMENDATION

I recommend the use of other than full and open competition for the acquisition of [describe services or supplies]

Negotiations should be conducted with the following source(s) only [provide names, addresses and points of contact; continue on separate sheets as needed]:

The estimated cost of this acquisition is: $

The statutory exception which allows this use of other than full and open competition is [select one]:

Only one responsible source and no other supplies or services will satisfy agency requirements - 41 USC 3304 (a)(1) (see FAR 6.302-1)

Unusual and compelling urgency - 41 USC 3304 (a)(2) (see FAR 6.302-2)

Industrial mobilization; engineering, developmental or research capability; or expert services - 41 USC 3304 (a)(3) (see FAR 6.302-3)

Authorized or required by statute - 41 USC 3304 (a)(5) (see FAR 6.302-5)

Public interest (NOTE: requires Secretarial approval and Congressional Notification) - 41 USC 3304 (a)(7) (see FAR 6.302-7) A description of the circumstances that support the use of the above statutory authority is attached and included as Exhibit 1 to this justification.

Program Office Certification. I certify that the information contained in this justification is accurate and complete to the best my knowledge and belief.

Head of Program Office [name] Title/Name of Office:

Signature: Date: For additional information contact:

PART 2 - CONTRACTING OFFICER REVIEW AND CERTIFICATION

Provide additional justification and comments here. Continue on back as needed.

Contracting Officer Certification.

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

Name: Signature: Date:

Previous edition unusable Page 1 of 2 form HUD24012 (12/2020)

Implementation services in support of the NSPIRE IT Solution

Millsapps, Ballinger & Associates, 1207 20th St S, Arlington, VA 22202 Joshua Millsapps (703-282-9935, josh.millsapps@mbaoutcome.com) Bradley Hilker (703-973-5404, bradley.hilker@mbaoutcome.com)

Beth Niblock Chief Information Officer

Maria Martinez 02/25/2022

Digitally signed by: Beth Niblock

DN: CN = Beth Niblock email = beth.niblock@hud.gov C = US O = HUD OU = OCIO

Date: 2021.11.15 16:51:01 -05'00' Beth Niblock

Digitally signed by: MARIA MARTINEZ

DN: CN = MARIA MARTINEZ C = US O = U.S.

Government OU = Department of Housing and Urban Development, Office of the Chief Procurement Officer Date: 2022.02.25 09:55:17 -05'00'

MARIA MARTINEZ

J&A Log Number 22-17

5 5 0

5 0 75

Additional Guidance for Completing the Justification (see HUD Handbook 2210.3, Chapter 4)

PART 2 - Contracting Officer Review and Certification

PART 1 - Program Office Recommendation

The supporting documentation in the Exhibit 1 must describe:

• The nature of the proposed acquisition that requires other than full and open competition;

• The unique qualifications of any proposed sole source; and

• The market research conducted (see FAR Part 10) and the results or the reason(s) why market research was not conducted.

The cost estimate must include all costs of the proposed acquisition, e.g., options, systems life costs, etc. The total will determine the approval level needed (see 3 below).

FAR Subpart 6.3 describes the statutory exceptions, their applicability and limitations on their use.

"Head of the Program Office" means:

• For all Headquarters acquisitions: the cognizant Assistant

Secretary or designee.

• For field acquisitions: the program office director (e.g., Director, Multifamily Housing) within the State or Area Office.

Besides any information provided to support the program office's justification, the Contracting Officer shall provide:

• Documented results of any Federal Business Opportuity notices or explanation of why no notice was published.

• A statement of actions the Department may take to remove barriers to competition for subsequent acquisitions of similar services / supplies; and

• A determination that the anticipated cost / price is fair and reasonable.

(See FAR Subpart 6.3 for further guidance.)

The Contracting Officer signing the certification shall be the same individual who will sign the proposed acquisition action which is the subject of this justification.

PART 3 - Other Approvals The Contracting Officer shall obtain the approval for the dollar value ranges indicated.

If any person required to sign in these blocks disapproves this justification, he/she shall return it to the requesting activity with a written determination.

The requesting activity may obtain the name of the "Contracting Activity Competition Advocate" from the cognizant contracting office.

The "Head of Contracting Activity" is defined at Subpart 2402.1 of the HUD Acquisition Regulation (48 CFR Chapter 24). The cognizant contracting office may also provide the name of this individual.

form HUD24012 (12/2020)

Akinsola Ajayi Competition Advocate

Digitally signed by: AKINSOLA AJAYI DN: CN = AKINSOLA AJAYI C = US O = U.S. Government OU = Department of Housing and Urban Development, Office of the Chief Procurement Officer Date: 2022.03.01 16:11:44 -05'00'

AKINSOLA AJAYI

J&A Log #22-17

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

1. IDENTIFICATION OF THE AGENCY AND THE CONTRACTING

ACTIVITY, AND SPECIFIC IDENTIFICATION OF THE

DOCUMENT AS A “JUSTIFICATION FOR OTHER THAN FULL

AND OPEN COMPETITION

Agency: U.S. Department of Housing and Urban Development (HUD)

451 7th Street SW, RM 5256 Washington, DC 20410

Contracting Activity: Office of the Chief Procurement Officer (OCPO), Headquarters Program Office: Office of the Chief Information Officer (OCIO)

2. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED

A new sole source contract award is being requested to purchase implementation services in support of the National Standards for the Physical Inspection of Real Estate (NSPIRE) Information Technology (IT) solution. These services will be used to expand the functionality of the current NSPIRE IT solution which utilizes Millsapps, Ballinger & Associates’ (MB&A’s) ExAM4Inspections application to achieve the target state implementation of NSPIRE.

Method of Contracting: New contract award Type of Contract: Firm Fixed Price Type of Funds: This contract action will be funded with IT funds

3. A DESCRIPTION OF SUPPLIES OR SERVICES REQUIRED TO MEET

THE AGENCY'S NEED (INCLUDING THE ESTIMATED VALUE)

HUD Real Estate Assessment Center (REAC) requires a

Period of Performance: 12-month Base Period and three 12-month Option Periods Estimated Total Dollar Value: $6,876,134.18

4. AN IDENTIFICATION OF THE STATUTORY AUTHORITY

PERMITTING OTHER THAN FULL AND OPEN COMPETITION

Statutory Citation: FAR 6.302-1, Only One Responsible Source and no other supplies or services will satisfy agency requirements, 41 USC 3304(a)(1)

5. A DEMONSTRATION THAT THE PROPOSED CONTRACTOR'S

UNIQUE QUALIFICATIONS OR THE NATURE OF THE ACQUISITION

REQUIRES USE OF THE AUTHORITY CITED

Millsapps, Ballinger & Associates (MB&A) located at 1207 20th Street, South Arlington, VA 22202 is the only source for ExAM4Inspections as the target state inspection software for use by HUD Real Estate Assessment Center (REAC) and its stakeholders for NSPIRE inspections. The software currently supports HUD REAC in conducting Housing Choice Voucher Inspections and an NSPIRE Demonstration Program. HUD intends to continue the use of the ExAM4Inspections software application as the long-term solution as it moves to non-demonstration NSPIRE inspections which makes effective use of the investments already made in the product. The ExAM4Inspections application developed by MB&A is vital to the success of HUD REAC’s NSPIRE Program and is the only software commercially available and technically aligned with OCIO’s architecture and that can fulfill the mission requirements.

HUD REAC’s current modernized technology footprint is based on the Salesforce platform. The only mature inspection software which meets HUD’s NSPIRE inspections requirements that is built upon Salesforce is MB&A’s ExAM4Inspection application.

However, for HUD to utilize the ExAM4Inspections software as the ultimate IT solution for NSPIRE inspections, ExAM4Inspection product updates and HUD-specific configurations are needed to achieve the desired end-to-end inspection lifecycle capabilities needed by HUD REAC and its stakeholders. As the creator of the ExAM4Inspections application, MB&A is the only vendor able to perform the required services since they are the only ones able to create product updates for their software. For HUD-specific configurations, MB&A is uniquely positioned to perform these services given their intimate knowledge of the ExAM4Inspections application and their overall knowledge of the HUD inspection lifecycle.

6. A DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS

ARE SOLICITED FROM AS MANY POTENTIAL SOURCES AS IS

PRACTICABLE, INCLUDING WHETHER A NOTICE WAS OR WILL

NOT BE PUBLISHED AS REQUIRED BY SUBPART 5.2 AND IF NOT,

WHICH EXCEPTION UNDER 5.202 APPLIES

As described in previous sections of this document, HUD’s requirements to achieve the target state NSPIRE IT solution requires MB&A to provide the desired productized services and precludes other sources. MB&A is the sole source capable of updating the ExAM4Inspections application since it is proprietary software that they developed.

A notice will be published as required by Subpart 5.2.

7. A DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND

REASONABLE.

The Contracting Officer will determine that the anticipated cost to the Government will be fair and reasonable based on the Independent Government Cost Estimate (IGCE) founded on historical pricing for the same or similar services.

8. A DESCRIPTION OF THE MARKET RESEARCH CONDUCTED (SEE

PART 10) AND THE RESULTS OR A STATEMENT OF THE REASON

MARKET RESEARCH WAS NOT CONDUCTED.

Market Research was not conducted. The services HUD, OCIO is seeking to procure can only be provided by MB&A given they are the only ones able to update MB&A ExAM4Inspections software since they are the manufacturers of the software.

9. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN

FULL AND OPEN COMPETITION

There are no other facts supporting the use of other than full and open competition.

10. A LISTING OF SOURCES, IF ANY, THAT EXPRESSED, IN

WRITING, AN INTEREST IN THE ACQUISITION

No sources have expressed, in writing, an interest in this sole source acquisition.

11. A STATETMENT OF ACTIONS, IF ANY, THE AGENCY MAY

TAKE TO REMOVE OR OVERCOME ANY BARRIERS TO

COMPETITION BEFORE ANY SUBSEQUENT ACQUISITION FOR

SUPPLIES OR SERVICES

HUD does not anticipate requiring any subsequent acquisition(s) related to this requirement after the expected duration of this effort. This requirement will result in a completely configured system that will be able to be maintained by multiple sources removing any barriers to competition in the future.

12. CONTRACTING OFFICER CERTIFICATION THAT THE

JUSTIFICATION IS ACCURATE AND COMPLETE TO THE

CONTRACTING OFFICER'S KNOWLEDGE AND BELIEF.

The Contracting Officer certification that the justification is accurate and complete to the Contracting Officer’s knowledge and belief is evident by the Contracting’s Officer’s signature at Part 2, Contracting Officer Review and Certification on Form HUD-24012.