JOFOC EDPNA 2021.docx

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

1. IDENTIFICATION OF AGENCY AND CONRACTING OFFICE

Agency: Social Security Administration

Office of Information Technology Acquisition Division of Programs Contracts

Contracting Officer (CO): Kathryn Fain

Program Office: Office of Retirement and Disability Policy (ORDP)

Contracting Officer’s Liz Javed Technical Representative

Title: Eligible for Direct Payment Non-Attorneys (EDPNA)

Proposed Contractor: CPS HR Consulting

2. NATURE OF ACTION

Type of Action:

_X_ New award ___ Modification of existing award

Contemplated Contract Type:

_X_ Firm fixed-price, ___ Time and materials/labor hour ___ Cost-Reimbursement ___ Combination

We seek approval for the award of a sole source, fixed price contract with CPS HR Consulting. The purpose of this bridge contract modification/extension for the current contract SS00-16-60049 for 12 months is to re-evaluate our requirements for the continuation of the program as required by law.

CPS HR has held the contract for years and will be able to continue to manage the program with the least disruptions.

3. DESCRIPTION OF SERVICES AND ESTIMATED VALUE

BASE

Per the Social Security Act 42 U.S.C. §406(e), non-attorneys have to meet certain requirements to become eligible for direct payment. The non-attorney must have a bachelor’s degree or equivalent qualification from training and work experience, take and pass the required examination, undergo an criminal background check and maintain proof of fulfilling other requirements (e.g., secure professional liability insurance and complete continuing education courses).

The contractor manages all aspects of the requirements to ensure that applicants to the EDPNA program are qualified and that current EDPNAs remain qualified. This includes reviewing applications and handling fees, creating and administering an annual exam, conducting an annual audit and certifying continuing education courses.

4. STATUTORY AUTHORITY

41 U.S.C. § 3304(a)(1) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-1 entitled, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

The basis for restricting competition is that a reasonable basis exists for concluding that the agency’s minimum needs can only be satisfied by:

X_ (1) Unique supplies or services available from only one source or only one supplier with unique capabilities

5. PROPOSED CONTRACTOR’S UNIQUE QUALIFICATIONS

The current EDPNA contract ends on 09/13/2021.

A solicitation for a successor award was originally released 4/6/2021.

Final proposals were received 7/19/2021.

SSA is not currently prepared to make an award using either proposal. Numerous technical and managerial questions about the direction to take with the work were raised during the evaluation process. Those need to be settled, before SSA can issue a new, competitive solicitation.

The EDPNA work must continue uninterrupted as required by the Social Security Act 42 U.S.C. §406(e).

CPS HR Consulting has the unique ability to continue supporting the EDPNA program starting 09/14/2021 since they currently support the EDPNA program and have done so since 2005. They are experienced in all aspects of the EDPNA program. Additionally, CPS HR Consulting is the only contractor with staff, systems and processes currently in place to support the immediate need.

6. EFFORTS MADE TO OBTAIN COMPETITION

See Item 5 above

7. DETERMINATION OF FAIR AND REASONABLE PRICE

In accordance with FAR Part 15.404, the CO will perform a final price analysis in order to determine the eventual awardee’s proposed cost is fair and reasonable.

8. MARKET RESEARCH

N/A

9. OTHER SUPPORTING FACTS

In accordance with FAR 4.1102, 4.1201, and 9.401, the CO will examine the System for Award Management in order to make an affirmative determination of the contractor’s responsibility.

10. LIST OF SOURCES EXPRESSING INTEREST IN THE ACQUISITION

No other sources have expressed an interest in this action.

11. ACTION TAKEN TO REMOVE COMPETITION BARRIER

SSA plans to award a new competitive EDPNA contract once we finalize the requirement.(See item 5 above)

CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (COTR) AND PROGRAM OFFICIALS’ RECOMMENDATION AND CERTIFICATION

The COTR and other program officials hereby certify that the information provided in support of justification for other than full and open competition is accurate and complete.

12. CERTIFICATION BY THE CONTRACTING OFFICER AND OTHER CONTRACTING OFFICIALS

The contracting officer and other contracting officials hereby certify that the information provided in support of this justification for other than full and open competition is accurate and complete to the best of their knowledge and belief.

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