JOFOC - WMATA FY20.pdf

J&A-DOL-20-0015

Justification for Other than Full and Open

Competition

1. IDENTIFICATION OF THE AGENCY AND CONTRACTING AGENCY:

Contracting Activity

Department of Labor OASAM/OPS

200 Constitution Ave., NW

Washington, DC 20210

Customer Agency

Department of Labor

OASAM/OHR/DHRIS

200 Constitution Ave., NW

Washington, DC 20210

2. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED:

This justification requests approval for the issuance of a contract award to the Washington

Metropolitan Area Transit Authority (WMATA) for a five (5) year contract (Base plus four

(4) option years) from September 30, 2020 to September 29, 2025 for transit fare media services in support of the Department of Labor Transit Subsidy Benefit Program. The

Transit Subsidy Program, initiated on January 1, 1994, allows employees to receive transit subsidy benefits under the WMATA SmarTrip program, which was created in response to

Executive Order 13150.

3. A DESCRIPTION OF SUPPLIES/SERVICES REQUIRED TO MEET THE

AGENCY'S NEED (INCLUDING ESTIMATED VALUE)

A transit subsidy program that will allow workers to commute to and from work using a SmarTrip card where the value is stored on the card. The Office of Human Resources National Capital Region will obligate through a sole source action funds in the amount of $44,757,588.00. The period of performance for this acquisition will be a base award of 12 months with four 12 month option periods.

4. AN IDENTIFICATION OF THE STATUTORY AUTHORITY PERMITTING

OTHER THAN FULL AND OPEN COMPETITION:

The statutory authority permitting the acquisition of this requirement by other than full and open competition is 41 U.S.C.3304(a)(i), as implemented by FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy the Agency’s requirements.

5. A DEMONSTRATION THAT THE PROPOSED CONTRACTOR'S UNIQUE

QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES USE

OF THE AUTHORITY CITED:

The SmarTrip program is owned and operated by the Washington Metropolitan Area

Transit Authority (WMATA). WMATA commonly referred to as Metro, is the mass transit system (buses/subway/etc.) for the Washington Metropolitan area. Under its agency’s charter, WMATA coordinates a unified regional transit system with other public and private agencies within its jurisdiction. The results of this effort are visible in the reduction of duplicate services by other local transit systems and the provision of SmarTrip cards that can be used on these local transit systems (i.e., Prince George’s TheBus; Maryland’s MARC, DASH, Ride On, Fairfax Connector, ART, CUE, Loudon County Transit, Omniride, DC Circulator, Light Rail, Metro

Subway, Registered vanpools and Virginia’s VRE). As the provider of the

Washington, D.C. metropolitan area’s largest public transportation systems and as the sole provider of SmarTrip cards and the SmartBenefits program, this contract with WMATA is necessary for the continued support and success of the DOL transit subsidy program. The SmartBenefits program provides the Government with an efficient and easy way to provide transit subsidy benefits to all eligible employees, and this program encourages the use of mass transit for daily commutes, reducing the environmental impact of emissions created by single occupancy. The WMATA

Metrorail and other SmarTrip accepting modes of transportation are in close proximity to DOL (Judiciary Square) with roughly 2,500 employees in the National

Office enrolled in the transit subsidy benefit program. Given the nature of publically ran transportation systems across the country, there is generally only one covering a particular area. Hence, in this case, it is necessary to contract with WMATA which is the main Washington, DC area provider, and the manager of the SmarTrip program.

6. A DESCRIPTION OF EFFORTS TO OBTAIN COMPETITION TO ENSURE

THAT OFFERS ARE SOLICITED FROM AS MANY POTENTIAL SOURCES AS

PRACTICABLE, INCLUDING WHETHER A NOTICE WAS OR WILL BE

PUBLICIZED AS REQUIRED BY SUBPART 5.2, AND IF NOT, WHICH

EXCEPTION UNDER 5.202 APPLIES:

This requirement will be synopsized in the Government Point of Entry

(www.FedBizOpps.gov) in accordance with FAR 5.101(a)(1).

WMATA was selected because they are the only provider of the SmarTrip program and the largest mass transit system in the Washington, D.C. area and the only vendor with a SmarTrip program which services the major transportation options in the region. Therefore, it is not anticipated that any additional competitive sources will be available.

http://www.fedbizopps.gov/

7. A DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND

REASONABLE:

The price is based on historical data obtained from the previous contract below.

Contract

Number

Period of Performance Vendor Total Contract

Value

DOL-OPS-15-

C-0025

Base Year: 1 October 2015 – 30

September 2016

WMATA $3,900,000

Year 1: 1 October 2016 – 30

September 2017

WMATA $4,095,000

Year 2: I October 2017 – 30

September 2018

WMATA $4,299,750

Year 3: 1 October 2018 – 30

September 2019

WMAA $4,514,738

Year 4: 1 October 2019 – 30

September 2020

WMATA $4,740,474

Total All Years $21,549,961.94

Currently, the Department of Labor allows a maximum of $270 per employee (if eligible) per month based on their commute to and from the workplace. The fares offered by WMATA (including its other transit systems) are the same price that is offered to all riders. These fares are listed on the WMATA website. DOL is charged the actual fares paid by commuters with unused benefits returned monthly. The previous contract allowed for a maximum benefit allowance of $130 and the current allowance is $270 which accounts for the overall estimated increase total of $44,757,588 for the 5-year contract award. Because the number of subsidy recipients can fluctuate on a monthly basis due to new hires, retiring employees and separations, and because the current maximum allowance could also fluctuate year to year, a 5% escalation has been factored into each subsequent option year.

8. A DESCRIPTION OF MARKET RESEARCH CONDUCTED (PART 10) AND THE

RESULTS OR A STATEMENT OF THE REASON MARKET RESEARCH WAS

NOT CONDUCTED:

Market research was utilized per FAR Part 10 to provide general information about the transit subsidy program to build an effective strategy for acquisition. WMATA was contacted to determine the most frequent acquisition method utilized by other

Federal Agencies utilizing the transit subsidy program. WMATA was selected because they are the only provider of the SmarTrip program and the largest mass transit system in the Washington D.C. metropolitan area.

9. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND

OPEN COMPETITION SUCH AS:

There is only one source, WMATA. The SmarTrip Benefits Software Program is proprietary software.

10. A LISTING OF THE SOURCES, IF ANY, THAT EXPRESSED, IN WRITING,

AN INTEREST IN THE ACQUISITION.

Not Applicable

11. A 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

No action required.

12. CONTRACTING OFFICER’S REPRESENTATIVE (COR):

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

Typed Name: Donna Childs-Speight Date: 06/30/2020

Title: COR Signature: Donna Childs-Speight

13. CONTRACTING OFFICER CERTIFICATION

Typed Name: Arnold P. Casterline Date: ______________________

Title: Contracting Officer Signature: ___________________

14. ADVOCATE FOR COMPETITION CERTIFICATION

Typed Name: Ryan Chandler Date: ______________________

Title: Advocate for Competition Signature: __________________

06/30/2020