Justification_and_Approval_for_Sole_Source06272019153746.pdf

Justification and Approval for Sole Source

Identification of the agency and contracting activity.

The U.S. Department of Justice - US Trustees proposes to enter into a sole source contract with the

Delaware Regional Transit Commission, for the purchase of transit cards for bus and rail services for the for Philadelphia, Harrisburgh, Pittsburgh PA, Wilmington, DE PA & Newark, NJ U.S. Trustees in employees on a monthly or as needed basis.

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

The statutory authority permitted Other Than Full and Open Competition is 41 U.S.C.

235(c)(1), as implemented by the Federal Acquisition Regulation (FAR) 6.302-1(b)(1) (i), which permits contracting without providing for full and open competition in those situations where the services are available from only one responsible source and no other type of services will satisfy the DOJ-US TRUSTEES requirements.

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

a. Project title. DELAWARE REGTONAL TRANSIT - TRANSTT SUBSIDY

b. Project description.

The U.S. Department of Justice - US Trustees proposes to enter into a sole source contract with the Delaware Regional Transit for the purchase of transit cards for bus and rail services for the DOJ-US Trustees in Philadelphia, Harrisburgh, Pittsburgh

PA, Wilmington, DE and Newark, NJ employees on a monthly or as needed basis.

Requirement type. Check the appropriate boxa a

E Research & development (R&D) tl R&Dsupportservices [I Support services (non-R&D) E Supplies/equipment tl lnformation technology (lT) E Construction [I Architect-engineer (A & E) services E Design-build E Ottrer (specify) ' Transit Subsidy

Type of action. Check the appropriate box fI New requirement E Foltow-on E Otner (specify) . Transit Subsidy

I a

Proposed contracUorder type. Check all that apply:

E Firm-fixed-price E Other fixed-price (specify, e.9., fixed-price award-fee, fixed-price incentive-fee) E Cost-plus-fixed-fee E Otner cost reimbursement (specify, e.9., cost-plus-award-fee, cost-plus-incentive-fee):

E Time and materials E lndefinite delivery (specify whether indefinite quantity, definite quantity, or requirements) E Otner (specify):

c

E Completion Form E Term form o Gontract / Purchase Order number.

1 5J USTl 9P00000129

Total estimated dollar value and performance/delivery period.

$40,680.60 for Fiscal Year 2019

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

Effective January 1, 1994, the Federal Employees Clean Air Act (Public Law '103-172) authorized the establishment of transit benefits programs on a permanent basis for federal employees. These programs encourage Federal Employees to commute by means other than single-occupancy motor vehicles, with improves air quality by meeting Clean Air Act Standard through reduced traffic congestion and parking programs. Therefore, the DOJ for US Trustees implemented Full Share Programs for issuance of fare cards for use on public transportation in the Philadelphia, PA, Harrisburg, PA, Pittsburgh, PA, Wilmington, DE and Newark, NJ a metropolitan area.

The transit media which is downloaded to UST employee fare cards for bus and or rail services to commute to work from their home. There is only one source in the metropolitan Philadelphia, PA, Harrisburg, PA, Pittsburgh, PA, Wilmington, DE and

Newark, NJ area that provides bus and rail services to USTP staff which is not county base. DRTA assist numerous counties that have been designated non-attainment for ozone and particulate matter under the Federal Clean Airs Act standards.

DRTA is the only source available in Philadelphia, PA, Harrisburg, PA, Pittsburgh, PA, Wilmington, DE and Newark, NJ a to provide the USTP employees with the required transit services. The anticipated cost to the Government for this proposed contract action has been determined to be fair and reasonable; the prices for the transit fare are set by law and regulation and charged to all DRTA users.

The estimated total value for the services to be acquired is $40,680.60

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

! fnis acquisition is conducted under the authority of 41 United States Code (U.S.C.) 330a(aX_) as set forth in Federal Acquisition Regulation

(FAR) 6.302- _.

I fnls acquisition is conducted under the authority of section 4202 of the Clinger-Cohen Act of 1996..

tr This acquisition is conducted under the authority of the Services Acquisition Reform Act of 2003 (41 U.S.C. 428a1.

This acquisition is conducted under the authority of

41 U.S.C. 235(c)(1) as set forth in

Federal Acquisition Regulation (FAR) 6.302-1 (bX1 Xi)

5. Description of the efforts made to ensure that offers are solicited from as many potential sources as practicable. lndicate 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.

Philadelphia, PA (Reg. 03) Office contacted several transportation providers in the market however none were able to provide the services without substantial duplication of cost to the government or unacceptable delays in fulling agency's requirement.

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

As the Contracting Officer, I have determined that the anticipated price will be fair and reasonable as it is anticipated that the costs for this task order will be nearly identical to those costs from the previous contract for Delware Regional Transit transit subsidies.

The prices for the transit fare are set by law and regulation and charged to all Wage

Works users.

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.

Philadelphia, PA Office contacted severa! transportation providers in the market however none were able to provide the services without substantial duplication of cost to the government or unacceptable delays in fulling agency's requirement.

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

The prices for the transit fare are set by Iaw and regulation and charged to all

Delaware Regional Transit users.

10. Listing of sources, if ?try, that expressed, in writing, Elh interest in the acquisition.

No other sources have expressed an interest, in writing, in the proposed acquisition

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

lf a similar requirement arises, every effort will be made to compete to the maximum extent practicable.

12. USTP office certification.

This is to certify that the portions of this justification that have been developed by the undersigned 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.

Official Name & Title gnatu Date

Technica!

Cognizance

Janel Bomann, Transit Manager USTP

03t21t2019

Supervisor / Manager

0312112019

13. 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.

Official Name & Title Signature Date

Contracting Officer

Keron White 03121t2019

The Chief of the Procurement & Property Branch (PPB), if applicable, shall indicate review of, and concurrence with, any J & A over $25,000 by providing the information required below and signing in the applicable block.

14. Chief of the Procurement & Property Branch signature(s).

Official Name & Title Signature

Chief of the Keron D. White

Contracting Chief Procurement & Property

Office

Date

03t21t2019