JOFOC_City_of_Phx_.doc

Attachment C HHS Template and Instructions for a Justification for Other than Full and Open Competition

Completion Instructions: HHS has established a standard template for preparation of a Justification for Other than Full and Open Competition (JOFOC) for non-Federal Supply Schedule acquisitions exceeding the simplified acquisition threshold. Operating Divisions (OPDIVs) shall prepare the template in accordance with these completion instructions. (NOTE: The Project Officer (PO) has responsibility for completing all of the information items included in the template, with any necessary assistance from the cognizant Contracting Officer (CO) and Contract Specialist (CS) -- especially for items 3.(b), 4., 6., 7., 8. and 10. listed below.

The instructions for preparing a JOFOC are specified in “red” and should be deleted prior to processing the document for review and approval. Also, do not include the completion instructions in the completed document.

A completed JOFOC must contain all of the applicable bolded headings in the order specified. Place the required information directly next to, or under, the applicable heading. If a heading does not apply to a specific JOFOC, indicate “not applicable” (N/A) next to it. Reference and attach any additional information necessary to support the JOFOC.

Justification for Other than Full and Open Competition

“Source Selection Information – see FAR 2.101 and 3.104”

1. Identification of the agency and contracting activity.

a. Federal agency and contracting activity. HHS, IHS, Phoenix Area Office

b. Sponsoring organization. Phoenix Area Office

c. Project Officer information.

· Project Officer name. Elsie Johnson, Supply Management Specialist

· Mailing address. 40 N. Central Avenue, Suite 504, Phoenix, AZ 85004

· E-mail address. Elsie.Johnson@ihs.gov

· Telephone number. 602-364-5362

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

a. Acquisition purpose and objectives. The Phoenix Area Office in order to accomplish trip reduction goals, provides for employees the Bus Card Program.

b. Project background.

Federal agencies are required by Section 118 of the Clean Air Act to comply with state regulations regarding the control of our air pollution. The Phoenix Area Office is required by the Maricopa County Trip Reduction to reduce single occupant vehicle (SOV) trips and/miles to the work site by 10% a year for 5 years, (and then 5% for 3 additional years) or until a rate of 60% SOV is reached. Purchase Order HHSI247201200071P, City of Phoenix, POP 4/24/2012 through 4/23/2015, $195,056. The City of Phoenix, is the only public transit department who provides the Light Rail and Valley Metro Bus service for Phoenix and surrounding areas. .

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

a. Project title. Transportation service by Bus Card Program b.

Project description. Vendor shall provide transportation service by issuance of bus cards to the employees of the Indian Health Service, Phoenix Area Office. The Platinum Pass Bus Card Program is a three-year agreement and all cards issued under the agreement expire at the end of the three-year period.

· Requirement type.

( Research & development (R&D) ( R & D support services

( Support services (non-R&D) ( Supplies/equipment

( Information technology (IT) ( Construction ( Architect-engineer (A & E) services ( Design-build ( Other (specify): Transportation

· Type of action.

( New requirement ( Follow-on ( Other (specify): ______________________

· Proposed contract/order type.

( Firm-fixed-price ( Other fixed-price (specify, e.g., fixed-price award-fee, fixed-price incentive-fee): __________ ( Cost-plus-fixed-fee ( Other cost reimbursement (specify, e.g., cost-plus-award-fee, cost-plus-incentive-fee): ___________ ( Time and materials ( Indefinite delivery (specify whether indefinite quantity, definite quantity, or requirements): ___________ ( Other (specify): ___________ ( Completion Form ( Term form

· Acquisition identification number. Requisition IHS1257484

c. Total estimated dollar value and performance/delivery period. Total is estimated at $300,000.00.

4. Identification of the statutory authority permitting other than full and open competition.

( This acquisition is conducted under the authority of 41 United States Code (U.S.C.) 233(a)(1) as set forth in Federal Acquisition Regulation (FAR) 6.302-1 (2).

( This acquisition is conducted under the authority of section 4202 of the Clinger-Cohen Act of 1996.

( This acquisition is conducted under the authority of the Services Acquisition Reform Act of 2003 (41 U.S.C. 428a).

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

a. Name and address of the proposed contractor(s). City of Phoenix, 302 N 1st Ave, Ste 900, Phoenix, roposed unique qualifications of the contractor(s). The City of Phoenix is the only public transit department who provides the Light Rail and Valley Metro Bus service for Phoenix and surrounding areas. The City of Phoenix is qualified and has met our needs since the Phoenix Area Office relocated to 40 N. Central Avenue in 1997, Phoenix, AZ 85004 from 16th Street and Indian School Road, Phoenix, AZ 85016.

6. Description of the efforts made to ensure that offers are solicited from as many potential sources as practicable. Indicate whether a FedBizOpps notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies. Notice will be posted in accordance with Subpart 5.2

7. Determination by the Contracting Officer that the anticipated cost/price to the Government will be fair and reasonable.

Local /Light Rail – cost per boarding currently at $1.75; RAPID/Express – cost per boarding currently at $2.75. Monthly Pass cost for Local/Light Rail - $55.00; Monthly Pass cost for RAPID/Express - $85.00. Platinum Passes: The cost per boarding for Local/Light Rail as a qualified reduced fare is .85, the monthly pass is $27.50. If the reduced fare pass is used on RAPID/Express services, the cap for RAPID/Express is $85.00 as reduced fares are NOT valid for RAPID /Express services. Individuals qualify for reduced fare under three categories: Disabled with appropriate with appropriate certification: Youth – 18 or older; Senior – 65 or older.

8. Description of the market research conducted (see FAR Part 10) and the results, or a statement of the reasons market research was not conducted. Since 1997 City of Phoenix has provided public transportation service for the employees at the Phoenix Area Office. There is no other public transit company in Phoenix.

9.

Any other facts supporting the use of other than full and open competition. The City of Phoenix has been providing transportation service for the Phoenix rea Office employees since the Phoenix Area Office relocated to current address from Indian School and 16th Street in 1997. The City of Phoenix is the only public transit department in Phoenix and for surrounding areas

9. Listing of sources, if any, that expressed, in writing, an interest in the acquisition. None

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

11. Program office certification.

This is to certify that the portions of this justification that have been developed by the undersigned program office personnel, including supporting information and/or data verifying the Government’s minimum needs, schedule requirements and other rationale for other than full and open competition, are accurate and complete.

Supply Management Specialist

Support Services Supervisor

Executive Officer

12. Contracting Officer certification.

This is to certify that the justification for the proposed acquisition has been reviewed and that to the best of my knowledge and belief the information and/or data provided to support the rationale and recommendation for approval is accurate and complete.

Contracting Specialist

14.

Chief of the Contracting Office and Head of the Contracting Activity signature(s).

Chief of the Contracting Office

15.

Competition Advocate signature.

16.

HHS Senior Procurement Executive signature.

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