Justificatin for Other than Full and Open Competition - Final.pdf

“LIMITED-SOURCES JUSTIFICATION” FOR ORDER ESTABLISHED UNDER MULTIPLE-

AWARD CONTRACT

This justification satisfies the requirements of FAR 16.505

1. Identification of the agency and contracting activity:

a. Federal Agency and Contracting Activity: Pension Benefit Guaranty Corporation (“PBGC”), Procurement Department (“PD”).

b. Sponsoring Organization: Office of Benefits Administration (“OBA”).

2. Nature and/or description of the action being approved: This justification for an exception to fair opportunity (“J&A”) supports the modification of Task Order No. 16PBGC-18-T-0016 to add a performance period of January 22, 2022 through January 21, 2023 to order additional hours for the completion of pension plans assigned during the task order’s base period (January 22, 2018 – January 21, 2019). This J&A seeks approval of a supplemental agreement for additional work in accordance with Federal Acquisition Regulation (“FAR”) Section FAR 52.212-4(c). This clause is included in the contract and will be exercised bilaterally.

3. A description of the supplies or services required to meet the agency’s needs (including the estimated value: OBA through its Actuarial Services and Technology Department (ASTD) is the program office responsible for providing actuarial support services for pension plans trusteed by PBGC. ASTD continues to provide the accurate and timely calculation of benefits for participants on pension plans assigned under this task order via the use of contractor support made available by this task order.

The current value of the task order is $2,342,697.70. The additional labor hours for the performance period of January 22, 2022 through January 21, 2023 have an estimated value of . The contracting officer intends to modify the task order by bilateral modification to provide for the contractor’s performance of these services.

4. Authority and supporting rationale: FAR 16.505(b)(2)(i)(C), in the interest of economy and efficiency, the new work is a logical follow-on to an original multi-award Indefinite Delivery Indefinite Quantity (IDIQ) contract order that was placed in accordance with the applicable multi-award IDIQ Ordering Procedures.

Pension plans were assigned to the contractor, Buck Global, LLC (“Buck”), in accordance with the assignment procedures listed in the task order’s Performance Work Statement (PWS). As stated in the task order’s solicitation’s and resultant task order’s PWS, PBGC intends that pension plans assigned during the task order’s base period remain with the contractor and will not be re-competed for the life of the plans.

pension plans were assigned to Buck during the base period of the subject task order. At present, actuarial support service work on been fully completed and work on remain incomplete. Based on this need, ASTD requires additional hours to complete the pension plans during the performance period of January 22, 2022 through January 21, 2023.

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited: Based on the requiring office’s requirements for actuarial support services for the subject pension plans, only the incumbent contractor, Buck, can provide the services needed to complete the work for these pension plans.

“Source Selection Information – See FAR 2.101 and 3.104”

As mentioned above and as stated in the task order’s solicitation’s and resultant task order’s PWS, PBGC intends that pension plans assigned during the task order’s base period remain with the contractor and will not be re-competed for the life of the plans. Therefore, additional hours to complete this work during the performance period of January 22, 2022 through January 21, 2023 may be considered a logical follow-on to an order already issued under the IDIQ contract.

Secondly, Buck has completed four (4) years of work on and a portion of the preliminary work on . Only an additional twelve (12) months of estimated work is required to complete the pension plans, with remaining tasks including:

During its work on the assigned pension plans over the past four (4) years, Buck has gained intimate knowledge of the background and complexities of the plans. This intimate knowledge of the pension plans and Buck’s have allowed it to work efficiently and effectively on these assigned plans. For these reasons and given that the remaining required tasks over the next twelve (12) months consist of tasks to finalize the work that it has performed the past four (4) years, Buck is expected to require significantly less time completing the remaining tasks for the pension plans over the next twelve

(12) months than if the work for the plans were competed and assigned to another contractor. For example, competing the work for these pension plans and potentially assigning it to a different contractor would require the new contractor to redo the following tasks already completed by Buck:

Additionally, recompeting the work would require the new contractor to familiarize itself with the pension plans – plans that Buck as worked on and developed intimate knowledge of the past four (4) years – prior to redoing the above-mentioned tasks and commencing the final twelve (12) months of work required for these pension plans. As a result of the anticipated costs of competition, the length of time required for a new contractor to familiarize itself with the assigned pension plans, and the likelihood of the new contractor having to redo a few tasks on the pension plans, PBGC estimates in duplicative costs. Reassigning the pension plans from Buck, notably when approximately of the anticipated work has already been completed by Buck under this task order is not in the interest of economy and efficiency for a logical follow-on.

6. Determination by the ordering activity contracting officer that the order represents best value:

The current contract pricing schedule consists of direct payments to the contractor for the performance of labor hours in various labor categories. The current contract was competed on a full and open basis, with pricing through January 21, 2022. At the time of contract award, the contracting officer determined price to be fair and reasonable based on competition.

Therefore, the anticipated price will be fair and reasonable.

7. Any other facts supporting the use of other than full and open competition. None.

Certification

Program Office:

I certify that the facts and representations under my cognizance, which are included in this justification and which form a basis for this justification, are complete and accurate.

Signature & Date

Contracting Officer:

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

Reviews and Approvals

Competition Advocate (if > $700,000 but not exceeding $15,000,000)

I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief. Since this justification does not exceed $15,000,000, this review serves as my approval.

Signature & Date PBGC Competition Advocate

Head of Contract Activity (if > $15,000,000 but no exceeding $75,000,000)

I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief. Since this justification does not exceed $75,000,000, this review serves as my approval.

Signature & Date Head of Contracting Activity

Senior Procurement Executive (if >$75,000,000)

I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief. Since this justification exceeds $75,000,000, this review serves as my approval.

Signature & Date Senior Procurement Executive