Justification final signed Redacted_1.pdf

United States Department of the Interior

INTERIOR BUSINESS CENTER

Washington, DC 20240

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

AUTHORITY: FAR 16.505(b)(2)

RFQ: 140D0420Q0282

1. Identification of the agency and the contracting activity, and specific identification of the document as a “Justification for an Exception to Fair Opportunity.”

This document is a Justification for an Exception to Fair Opportunity for the Department of the Interior (DOI), Interior Business Center (IBC), Acquisition Services Directorate (AQD) Division V Branch II, on behalf of the DOI Business Integration Office (BIO).

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

This is a follow-on to a previously competed action off GSA 8(a) Streamlined Technology Application Resource for Services (STARS) II Government-Wide Acquisition Contract (GWAC). This will be a direct award firm-fixed-price task order off the GSA 8(a) STARS II GWAC to TTC, INC. since the estimated value is under the 8(a) competitive thresholds.

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

The objective of this requirement is to acquire services to support DOI staff and their functions. This effort is for support to the BIO and other Departmental Offices (i.e.

Departmental Office Integration Team (DOIT) and the Office of Grants Management (PGM)) that relate to the BIO and/or the Financial and Business Management System (FBMS) and its supporting functions. The contractor must perform the duties outlined in the Performance Work Statement, to support administration, project management, business processes, departmental offices support and managing or providing assistance to other systems closely aligned with FBMS. The estimated value of this requirement is for a base and two option years.

4. Identification of the exception to fair opportunity (see 16.505(b)(2)) and the supporting rationale, including a demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the exception cited. If the contracting officer uses the logical follow-on exception, the rationale shall describe why the relationship between the initial order and the follow-on is logical (e.g., in terms of scope, period of performance, or value).

The Contracting Officer (CO) has determined the circumstances of this contract action to meet the following statutory exception under Federal Acquisition

Redacted

RFQ: 140D0420Q0282

Regulation (FAR) 16.505(b)(2)(i)(E), for orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source, as supported below:

In accordance with 13 CFR 124.506 and Federal Acquisition Regulation subpart 19.805-1(a)(2), awards made under the 8(a) program shall be awarded on the basis of competition limited to eligible 8(a) participants when the anticipated total value of the contract, including options, will exceed $7 million for acquisitions assigned manufacturing NAICS codes and $4 million for all other acquisitions.

The 8(a) STARS II GWAC (STARS II) is a competitively awarded, multiple-award, indefinite-delivery, indefinite-quantity contract. STARS II was authorized under the provisions of Section 8(a) of the Small Business Act 15 U.S.C. 637(a) and retains the 8(a) sole source, or “directed order,” authority found in FAR 19.8.

STARS II resulted from a competitive 8(a) procurement, which was offered to and accepted into the SBA 8(a) program.

Since the estimated value of this requirement is under the 8(a) competitive thresholds, the order must be a direct 8(a) award as required by statute.

5. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The CO determines that the anticipated price will be fair and reasonable based on GSA 8(a) STARS II being a competitively awarded contract and GSA has already determined the contact pricing fair and reasonable. However, the CO will make a separate fair and reasonable price determination for this order in accordance with FAR 15.4, Pricing, and FAR 16.2, Fixed-Price Contracts, and DOI policy. In addition, the CO will utilize the 8(a) STARS II Pricing Tool to analyze fully burdened rates for 8(a) STARS II industry partners. Finally, if necessary, the CO will commence negotiations with the vendor to ensure the price is determined fair and reasonable before making award.

6. Any other facts supporting the justification.

The GSA 8(a) STARS II ordering period ends on August 30, 2021. GSA requires all resulting task orders to be completed on or before August 30, 2024. The period of performance of this order was shortened to accommodate the GSA mandated completion date. In addition, the services required supporting PGM will no longer exist in 2021 after DOI completes the migration to GrantSolutions. For these combined reasons, the estimated value of this acquisition fell below the 8(a) competitive thresholds requiring the order be an 8(a) direct award, as compared to the previous acquisition which was over the 8(a) competitive thresholds and competed among GSA 8(a) STARS II contract holders.

7. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made.

The CO and the BIO will review the requirement and conduct market research before commencing any follow-on action to this order. The customer’s requirement and the availability of a new GSA 8(a) STARS GWAC will determine the future outcome. Any follow-on action will likely remain a 8(a) requirement but the competitive nature of the follow-on action will depending upon the estimated dollar value of the future requirement. If the estimated dollar value of the future requirement is over the 8(a) competitive thresholds it will likely be competed. However, if the estimated value of the future requirement is not over the 8(a) competitive thresholds it will like be another direct award as required by statue.

The contacting officer’s certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief.

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

Michael Farrell, Contracting Officer Date

8. Evidence that any supporting data that is the responsibility of technical or requirements personnel (e.g., verifying the Government’s minimum needs or requirements or other rationale for an exception to fair opportunity) and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel.

I certify that the technical data which forms a basis for this justification is complete and accurate and meets the Government’s minimum needs.

Amy Davies, COR Date

9. A written determination by the approving official that one of the circumstances in FAR 16.505(b)(2)(i)(A) through (E) applies to the order.

The approving official hereby determines that (FAR) 16.505(b)(2)(i)(E), for orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source, applies to this order.

MICHAEL FARRELL Digitally signed by MICHAEL FARRELL Date: 2020.04.16 14:20:44 -04'00'

AMY DAVIES Digitally signed by AMY DAVIES Date: 2020.04.16 14:30:44 -04'00'

10. Reviews and Approvals

Concur

Rebecca Fentzke, Branch Chief Date

Concur

Christian Bisbano, Division Chief Date

Approve

Michael Whalen, Bureau Competition Advocate Date

REBECCA FENTZKE Digitally signed by REBECCA FENTZKE Date: 2020.04.16 15:21:13 -04'00'

CHRISTIAN

BISBANO

Digitally signed by CHRISTIAN

BISBANO

Date: 2020.04.17 11:40:45 -04'00'

MICHAEL WHALEN Digitally signed by MICHAEL WHALEN Date: 2020.04.20 17:30:17 -04'00'