JandA 2020-0065.pdf

Justification and Approval

For Other Than Full and Open Competition

Upon the basis of the following justification as required by FAR 6.303-2(d), sole-source 8(a) contracts over $22 million. I hereby approve the issuance of the contractual action discussed below using other than full and open competition, pursuant to the authority cited herein.

1. Agency and Contracting Activity

U.S. Securities and Exchange Commission Office of Acquisitions (OA) 100 F Street NE Washington, DC 20549

2. Description of the needs of the agency concerned for the matters covered by the contract.

The Securities and Exchange Commission (SEC) requires the continued use of the Integrated Professional Acquisitions Support Services Pilot (iPASS Pilot) contract. This professional services contract provides required short and long-term contractor personnel to the SEC Enterprise (Headquarters and all Regional Offices) in the areas of Accounting, Administrative, Analytics, Compliance and Examination, Program, and Legal support services. The contractor will continue to provide all the resources, management and oversight to appropriately recruit and retain professional contractor personnel with skills in the following areas of expertise:

Accountants, Business Analysts, Document Managers, Financial Analysts, Forensic Analysts, Fraud Analyst, Project/Program Managers, Legal Analysts (i.e. Paralegal and Law Clerks), and Technical Writers/Editors. The SEC has determined these professional skills are essential to provide complimentary support to its mission.

This J&A supports an increase in the contract’s ceiling from $22M to $50M for additional, same services determined to be within scope of the contract, which includes firm-fixed-price (FFP), time and materials (T&M), and labor-hours (LH) contract types. The increase in quantities/use will provide the agency with reliable data and program feedback to make the best decision as it relates to future acquisition strategy.

3. Specification of the statutory provision providing the exception from the requirement to use competitive procedures in entering into the contract.

In accordance with FAR 19.805-1(b)(2), where an acquisition exceeds to the competitive threshold, the SBA has accepted this requirement for a sole source 8(a) award on behalf of a concern owned by an Alaska Native Corporation.

4. Determination that the use of a sole-source contract is in the best interest of the agency concerned.

The Government has determined that the use of a sole-source contract continues to be in the best interest of the Government. This contract vehicle continues to provide on-going flexible staffing support services critical to the needs of all Divisions and Offices within the SEC.

5. Determination that the anticipated cost of the contract will be fair and reasonable.

The Government has determined that the anticipated cost of the contract will be fair and reasonable, based on negotiated rates associated with the terms and conditions of the contract.

6. Other matters.

Prior to the execution of this Justification, the Government met with the Small Business Administration (SBA), Alaskan Native Corporation Representative to ensure acceptance of the Government’s offer to increase the contract ceiling.

TECHNICAL & REQUIREMENTS CERTIFICATION

I certify that the facts and representations, which form the basis for this justification, are accurate and complete.

(Signature) __________________________ ___________________ Selina Banfield, Contracting Officer Date

CONTRACTING OFFICER’S CERTIFICATION

I certify this justification is accurate to the best of my knowledge and belief.

(Signature) ___________________________ ____________________ D’Jaris Gladden, Contracting Officer Date

GENERAL COUNSEL REVIEW

Based on the facts and rationale presented herein, this justification appears legally sufficient.

(Signature) ____________________________ _____________________ George Brown Date Office of General Counsel

COMPETITION ADVOCATE

I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief.

(Signature)__________________________ __________________ Nicholas Chung Date Competition Advocate

HEAD OF THE CONTRACTING ACTIVITY APPROVAL- “APPROVED”

(Signature)__________________________ __________________ Vance Cathell Date Head of the Contracting Activity

05/05/2020