JOFOC_693JJ319D000002_FE.pdf

DEPARTMENT OF TRANSPORTATION

FEDERAL HIGHWAY ADMINISTRATION

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

1. Identification of the agency and the contracting activity

The United States Department of Transportation (USDOT) Federal Highway Administration (FHWA) Headquarters, Office of Acquisition and Grants Management, 1200 New Jersey Avenue, S.E., E65-101, Washington, DC 20590.

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

This Justification for Other than Full and Open Competition (JOFOC) is to issue a non-competitive modification to increase the ceiling under the multiple-award Indefinite Delivery/Indefinite Quantity (IDIQ) vehicle supporting the National Highway Institute (NHI) entitled, “Ongoing Course Development and Update, Development of Training material, and Related Technical and Administrative Support Services”. Two vendors were awarded IDIQ vehicles November 2018 to support NHI for a total shared ceiling amount of $19,100,000 for a total five-year period of performance. Contract numbers and vendors are listed below:

• 693JJ319D000002- ITS Agile

• 693JJ319D000003- Spatial Front Incorporated

Currently, the awards are in their fifth year of performance. A total of 16 task orders were awarded under this IDIQ, with 13 currently active task orders under the IDIQ. The total combined value of all task orders is $18,999,982.09 and a total amount of $18,498,936.49 has been obligated on the task orders. Currently, 11 of the 13 active task orders have periods of performance that end June 30, 2023. The remaining two active task orders expire in August and September 2023.

Since 2018 when this IDIQ was awarded, the office structure of NHI has changed and in November 2021, the Office of Innovation and Workforce Solutions (HIT) was created, under which NHI now sits. Before HIT was stood up, many of the suboffices that now fall under HIT belonged to different organizations within FFHWA and have now reorganized under HIT with a change in mission focus. Due to the changes in organization structure, a new procurement is currently in process to award services under a General Services Administration (GSA) One Acquisition Solution for Integrated Services (OASIS) task order to support all of HIT and reflects the change in mission focus of all the suboffices.

Although the planning of the HIT support effort began in October 2022, the procurement award has run into some delays and award will be made about one month later than anticipated. Several milestones throughout the procurement have run into delays which has now resulted in the need to extend the current task orders. The creation of the statement of work for the HIT support effort took longer than anticipated due to the large number of authors and reviewers within HIT and the release of a draft Request for Proposal (RFP) was delayed and was not released to the OASIS 8(a) Pool 1 vendors until February 1, 2023. A draft RFP was released to the OASIS vendors to allow vendors additional time to review the RFP and provide comments to FHWA in hopes that few questions would be received on the final RFP and reduce the need for extensions to the proposal due date. The draft RFP resulted in 30 questions and comments received and addressing the comments resulted in the delayed release of the final RFP until March 3, 2023. The RFP was released with an initial proposal due date of March 24, 2023.

Questions were due for the RFP on March 10, 2023, and although a draft solicitation was previously sent out, 43 questions were received on the Final RFP. The large number of questions resulted in several changes to the RFP and Amendment 1 of the RFP was issued extending the proposal due date to March 31, 2023. Amendment 1 of the RFP resulted in additional questions from vendors and several requests for an additional extension. Amendment 2 of the RFP extended the proposal due date to April 6, 2023.

Proposals were received on April 6, and the technical evaluation team and the contract specialist immediately began working diligently to complete the technical evaluation and price analysis. While the evaluation of the proposals is being completed in a timely manner, the technical evaluation team and contract specialist have been unable to make up for the delays earlier in the procurement, and as of June 12, 2023, documentation and reviews for task order award still need to be completed. Award of the GSA OASIS task order will not be completed in time to ensure there is no break in service or a sufficient transition period for NHI without an extension to existing task orders.

The 11 task orders that expire on June 30th, 2023, require an extension of up to two months, using FAR 52.217-8, Option to Extend Services, to ensure that NHI does not have a break in service and NHI’s services can be adequately transitioned from the IDIQ.

All task orders have FAR 52.217-8 incorporated into the task orders but a ceiling increase to the IDIQ is required to be able to exercise those options. A modification to increase the ceiling for the existing contracts by $700,000 is requested to provide enough capacity within the IDIQ ceiling to allow for up to two months of extension on the 11 task orders.

3. Description of the supplies or services required to meet the agency’s needs (including the estimated value)

This justification does not contemplate any additions or revisions to the IDIQ scope of work or period of performance. The contractors shall continue providing support services under the established competitively awarded IDIQ.

Without a ceiling increase, NHI will not have critical support services that support their day-to-day operations, including training development support, training delivery support, management of training programs, and general administrative, office and conference center support while HIT effort is being awarded. It is anticipated that the HIT support services will be awarded at the beginning of July. Without a ceiling increase, NHI will not be able adequately transition these services from supporting only NHI to supporting all of HIT.

Raising the ceiling by $700,000 would allow for the following 11 task orders to be extended one month, with the potential to be extended an additional one month depending on the need for additional transition time:

• 693JJ319D000002/693JJ319F000056

• 693JJ319D000002/693JJ319F000065

• 693JJ319D000002/693JJ319F000091

• 693JJ319D000002/693JJ319F000134

• 693JJ319D000002/693JJ322F000084

• 693JJ319D000002/693JJ322F00197N

• 693JJ319D000003/693JJ319F000059

• 693JJ319D000003/693JJ319F000062

• 693JJ319D000003/693JJ319F000092

• 693JJ319D000003/693JJ322F000147

• 693JJ319D000003/693JJ322F00468N

The ceiling increase amount of $700,000 was determined by calculating the monthly amount for each task order based on the previous FAR 52.217-8 option exercise and multiplying that monthly amount by two for each task order that needs to be extended.

The $700,000 takes into account the remaining ceiling left currently on the IDIQ as well.

4. Statutory authority permitting other than full and open competition

The statutory authority permitting other than full and open competition is 41 U.S.C.

3304(a)(1) as implemented by FAR 6.302-l - Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

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

The current prime IDIQ contractors, ITS Agile and Spatial Front, are the only contractors who have the current appropriate staffing, capabilities, and knowledge to be able to complete these requirements in the short amount of time with no need for a transition time. Because these services are needed for such a short amount of time and the requirement is in the process of changing, it would be a waste of Government time and funding to transition these services to another vendor for the effort to end in one- or two-months’ time. If another contractor were to be awarded a contract for these efforts, they would require at least 15 days of transition time to onboard personnel, get the appropriate clearances for personnel to work on-site, and begin completing these services fully. It is anticipated that a new contractor would not even be able to fully staff and/or perform all the services required of this effort before the transition to the HIT effort would begin.

Additionally, ITS Agile and Spatial Front are the only two contractors with the requisite knowledge and staff to help NHI with the transition of these services from supporting

NHI to the new integrated services supporting all of HIT. By allowing these task orders to expire before the HIT GSA OASIS task order is awarded, FHWA would lose valuable knowledge held by both ITS Agile and Spatial Front that would allow the HIT support services task order to start smoothly and successfully.

6. 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 be publicized

In accordance with FAR 5.201 the proposed contract action of FHWA’s intent to sole source was posted to the Government Point of Entry, www.beta.sam.gov from June 8, 2023, to June 23, 2023. There were no inquiries or interest expressed in the proposed ceiling increase. The posting can be viewed at: SAM.gov

7. Determination that the anticipated cost to the Government will be fair and reasonable

Rates and established performance periods remain unchanged as competitively awarded under the established IDIQ ordering procedures where FHWA determined them to be fair and reasonable.

8. Description of the market research conducted and the results or a statement of the reason market research was not conducted

The proposed modification increases the ceiling of the IDIQ with no effect on competitively awarded rates, performance periods, or change in scope. Due to the change in office structure and the creation of HIT, the requirement for these services have changed. Market research was conducted for the HIT support services and those services will be competitive awarded via GSA OASIS 8(a).

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

None.

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

There were no inquiries or interest expressed in this contract modification.

11. Statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

Once this IDIQ is completed, these services will not be required in the arrangement they are now. Due to the change in office structure and the creation of HIT, the requirement https://sam.gov/opp/fbf3627fbfeb488ba4cadb8980ba6cde/view for these services have changed. The support services for HIT are currently being procured via a competitive task order on GSA OASIS 8(a).

12. Certification

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

Approval Signature Page

Based upon the preceding information, I hereby recommend approval of this Justification for Other than Full and Open Competition.

Date

Date

Date

Contracting Officer’s Representative National Highway Institute

Attorney Advisor Office of Chief Counsel

06/12/2023

06/12/2023

STANLEY J

WORONICK

Digitally signed by STANLEY J

WORONICK

Date: 2023.06.12 15:17:19 -04'00'

Digitally signed by AMALIA

ELIZABETH RODEZNO

________________________________________Date: 2023.06.12 15:21:58 -04'00' Amalia Rodezno Team Leader/Contracting Officer Office of Acquisition and Grants Management

ANASTASIYA

SIDOROVA BENWARE

Digitally signed by ANASTASIYA

SIDOROVA BENWARE

Date: 2023.06.16 14:50:34 -04'00'