JOFOC 13-5 signed final.pdf

Justification to Solicit from Only One Quoter Under FAR 13.5

Treasury Standard Form – 1013 (Rev 5/18)

Prescribed by Treasury: DTAP 1013.501

1. Identification of the requiring activity and the contracting activity:

The requiring activity is the Office of the Comptroller of the Currency’s Chief Counsel’s Office and the contracting office is the Office of the Comptroller of the Currency, AQM.

2.a Nature and/or description of the action being approved:

The purpose of this sole source justification is to obtain approval to award a Firm Fixed Price contract with Digital Evidence Group, LLC for the provision of Trial Support services under Urgent and Compelling need as the need date for these items is July 2021. The anticipated period of performance will be for July 1, 2021 – June 30, 2022. See requisition no.

R000434000 for a copy of the performance work statement.

2.b Name of the vendor. Digital Evidence Group, LLC 2.c Requisition No.: R000434000 2.d Bridge contract: ☐ Yes ☒ No 2.e Brand name: ☐ Yes ☒ No 3.a A description of the supplies or services required to meet the agency’s needs:

Trial Support Services to support remote hearings for trials, the first of which is scheduled for August 2021.

3.b Includes IT: ☒ Yes ☐ No NAICS, 561492, PSC Code R666 3.c IGCE/Estimated dollar value:

The IGCE is $432,600 for one year. Refer to the IGCE for additional details.

4. Identification of the authority being used (Check the box that applies):

☒ 41 U.S.C. 1901 – Simplified acquisition procedures.

☐ 41 U.S.C. 1903 – Special emergency procurement authority.

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited:

The proposed contractor’s unique qualifications and the nature of the acquisition requires use of the authority cited as follows:

The first trial is scheduled for August 2021, and OCC requires that the contract be awarded approximately 1 month ahead of that date to facilitate the necessary lead time surrounding testing of the platform and preparing for the trial.

6. A description of efforts to ensure that offers were solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by FAR subpart 5.2 and, if not, which exception under FAR 5.202 applies:

In accordance with FAR subpart 5.202 (a) (2) a notice of intent to award a sole source contract under the authority of FAR subpart 13.5 will not be posted on the Government Point of Entry.

7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable:

The Contracting Officer determines that the anticipated price(s) will be fair and reasonable based a comparison of the proposed prices with the Independent Government Cost Estimate

(IGCE).

8. A description of the market research conducted (see FAR part 10) and the results or a statement of the reason market research was not conducted:

Market research was conducted by the Contracting Officer and Program Office in 2021. The results of the market research supported the Government’s determination to obtain these services under a sole source basis. Refer to the SF 1010 Market Research Summary Report for specific details.

9.a Any other facts supporting this justification:

http://www.gpo.gov/fdsys/granule/USCODE-2011-title41/USCODE-2011-title41-subtitleI-divsnB-chap19-sec1901 http://www.gpo.gov/fdsys/granule/USCODE-2011-title41/USCODE-2011-title41-subtitleI-divsnB-chap19-sec1903

Justification to Solicit from Only One Quoter Under FAR 13.5

Treasury Standard Form – 1013 (Rev 5/18)

Prescribed by Treasury: DTAP 1013.501

The requirement for Trial Presentation services has historically been procured on an as-needed basis. The last awards for trial presentation services were from contract numbers:

TCC16HQC0013, and TCC16HQC0014 in FY 16. There have been no requirements for this type of service since. Also, because of continuing COVID-19 precautions, the OCC is requiring the provider to be able to provide a virtual platform for the trial, which is a new requirement not previously considered.

9.b Attachments: ☐ Yes ☒ No

10. A listing of sources, if any, that expressed, in writing, an interest in the acquisition:

A synopsis of proposed contract action was not posted on the GPE under the exception stated at FAR 5.202(a)(2).

11. A statement of the actions, if any, the Requiring Activity or Contracting Activity may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required:

The Contracting Activity will continue to search the marketplace for potential sources by holding industry days; publishing acquisition forecasts.

12. Certifications and Approvals:

12.a Program Office certification (Requiring Activity). I hereby certify that any supporting information and data provided, which form the basis for this justification, are accurate and complete to the best of my knowledge and belief.

Name: Date:

Signature:

12.b Contracting Officer certification and approval. I hereby determine the circumstances of this acquisition support the justification to acquire the item(s) on a sole source (including brand name) basis under the authority of FAR subpart 13.5. I also certify this justification is accurate and complete to the best of my knowledge and belief. Therefore, unless additional approvals are required as prescribed below, as the authorized contracting officer for this acquisition, I hereby approve this justification.

Name: Date:

Signature: