JOFOC_HA Design_TOC MMA_15May2020.doc

Justification for Other than Full and Open Competition

“Source Selection Information – see FAR 2.101 and 3.104”

a. Identification of the agency and contracting activity.

b. Federal agency and contracting activity.

Department of Health and Human Services (HHS) National Institutes of Health (NIH)

c. Sponsoring organization.

National Institutes of Health

Office of the Director/Office of Research Services (OD/ORS)

Program and Employee Services/Events Management Branch (PES/EMB)

d. Project Officer Information.

· Project Officer: Mike Burnham

· Mailing address: 45 Center Drive, Bldg. 45 Room 1Bc17, Bethesda, MD 20892

· E-mail address: michael.burnham@nih.gov

· Telephone number: 301-451-3197

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

a. Acquisition purpose and objectives. Payment for the HA Design Group, LLC Maintenance Agreement Contract for 2020 to enable Events Management Branch (EMB) Television Operations Center (TOC) remain 100% functional.

b. Project background. The EMB TOC project upgrade was designed and installed in late 2015 and early 2016 with a three-year warranty/maintenance package. The package included the upkeep of the equipment as well as quick response servers. The warranty has expired and HA Design Group, LLC. is the sole vendor with the corporate knowledge of the equipment hardware and software as installed in the TOC. To avoid any warranty infractions and maintain system integrity, certified HA Design technicians are required for the support services.

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

a. Project title. NIH Events Management Branch, HA Design Group, LLC Maintenance Agreement Contract

b. Project description. The NIH Events Management Television Operations Center and Equipment Room located in Bldg. 10, Room B2L313 and B2L317 has a requirement to maintain equipment end items and associated firmware/software of the system to ensure 100% reliability of the system integrity and functionality for all projects associated with EMB clients from the NIH, HHS and world-wide.

· Requirement type ( Research & development (R&D) ( R & D support services

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

( Information technology (IT) or Electronic and Information Technology ( Construction ( Architect-engineer (A & E) services ( Design-build ( Other (specify): ____________________

· Type of action.

( New requirement ( Follow-on (Other (specify): Continuation of Service

· 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.

RFQ number will be identified when solicitation is issued.

c. Total estimated dollar value and performance/delivery period.

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.) 253(c)(__) as set forth in Federal Acquisition Regulation (FAR) 6.302- __.

( 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).

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

HA Design Group, LLC., as the designer and integrator of the TOC system hardware and software currently in use in Events Management, is the sole vendor able to provide the required support at this point It is critical that we have maintenance, technical support, and warranty coverage for the existing hardware and software to continue to operate at 100% capacity in support of the NIH & HHS community.

Name and address of the proposed contractor(s).

HA Design Group, LLC 6700 Springfield Drive, Suite J

Springfield, VA 22150 Phone (703) 778-8760 Fax (703) 778- 8759

b. Nature of the acquisition and proposed unique qualifications of the contractor(s).

5. 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.

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

The Contracting Officer anticipates the cost to the Government will be fair and reasonable based on adequate price competition, in accordance with FAR Part 15.404-1(b)(2)(i).

7. Description of the market research conducted (see FAR Part 10) and the results, or a statement of the reasons market research was not conducted.

Market research was conducted in accordance with FAR Part 10. The mandatory priorities, in accordance with FAR Subpart 8.002(a)(1) Priorities for Use of Government Supply Sources, were also reviewed, and determination was made that none of the mandatory Government sources could satisfy this requirement. GSA Federal Supply Schedule 70 was reviewed, and knowledgeable program officials in Government and industry regarding market capabilities were contacted.

8. Any other facts supporting the use of other than full and open competition.

9. Listing of sources, if any, that expressed, in writing, an interest in the acquisition.

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.

No actions have been or will be undertaken to overcome barriers to competition for future acquisitions.

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.

Video Broadcast Engineer

Branch Chief

NIH Events Management

Head of the Sponsoring Program Office

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 Officer

13.

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

Chief of the Contracting Office

Head of the Contracting Activity

14.

Competition Advocate signature.

Competition Advocate

15.

HHS Senior Procurement Executive signature.

HHS Senior Procurement Executive

PAGE