JUSTIFICATION_FOR_OTHER_THAN_FULL_AND_OPEN_COMPETITION-1.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(Cite authority, e.g., 10 U.S.C. 2304(c)(7) or 41 U.S.C. 3304(a)(7))

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.3 and in accordance with the requirements of FAR 6.303-1, the justification for the use of the statutory authority under

FAR Subpart 6.3 is justified by the following facts and rationale required under FAR 6.303-2 as follows:

1. Agency and Contracting Activity.

Department of Homeland Security/U.S. Customs and Border Protection (CBP) Office of

Human Resources Division

2. Nature and/or Description of the Action being Approved.

This is an FY 2019 request for Administrative Support Services. The administrative staff shall provide technical and administrative services to include, not limited to, data entry, electronic record management, and data gathering for statistical reports.

3. Description of Supplies/Services.

The Executive Services Division is entering into a bridge task order for administrative support services. The administrative staff shall provide technical and administrative services to include, not limited to, data entry, electronic record management, and data gathering for statistical reports. The vendor shall provide contractor support needed to assist the Executive Services Staff, in the preparation of Executive Core Qualifications

(ECQ) templates and related documents, under the résumé-based recruitment method, for applicants selected for Senior Executive Service (SES) positions. These templates will be forwarded to Office of Personnel Management Qualification Review Boards (QRB) for evaluation.

Contractor support personnel must be fully knowledgeable of SES ECQs, the OPM QRB review process, and the development of ECQ Statements or ECQ templates under the résumé-based recruitment method. In addition, the Contractor must possess outstanding writing ability, analytical skills, and verbal communication skills to work with applicants selected for SES positions. This bridge has been extended from March 30, 2019 through

June 29, 2019 due to the Federal Government shutdown in FY2019 which has delayed the procurement solicitation date.

Vendor:

DP George & CO, LLC

2121 Eisenhower Avenue, Suite 100

Alexandria, VA 22314-5304

Total Price: $55,127.63

4. Identification of Statutory Authority Permitting Other Than Full and Open

Competition.

The statutory authority permitting other than full and open competition is 10 U.S.C.

2304(c)(1) or 41 U.S.C. 3304(a)(1) under FAR Part 6.302-1 entitled “Only One

Responsible Source and No Other Supplies or Services Will Satisfy Agency

Requirements.

5. Demonstration that the Nature of the Acquisition Require Use of the Authority

Cited.

The statutory authority permitting other than full and open competition is 10 U.S.C.

2304(c)(1)(for USCG) or 41 U.S.C.3304(a)(1) (for other Components) implemented by the FAR Subpart 6.302-1 entitled “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.” DP George & Company, LLC is currently providing the aforementioned services under task order 70B06C18P00000365.

6. Description of Efforts Made to Ensure that Offers are Solicited from as Many

Potential Sources as is Practicable.

A Federal Business Opportunities (FBO) notice will be publicized to potential Offerors for this procurement.

7. Determination by the Contracting Officer that the Anticipated Cost to the

Government will be Fair and Reasonable.

The Contracting Officer has determined the anticipated price to be fair and reasonable.

The Contracting Officer reviewed a similiar task order for Administrative Support services under task order number HSBP1015J00134.

8. Description of Market Research.

CBP searched GSA OASIS and found several vendors that can perform the services.

In addition, market research was performed on the internet for vendors that can also perform administrative support services.

Any Other Facts Supporting the Use of Other Than Full and Open Competition.

In order to continue providing services and not having services delayed, it is necessary to contract with DP George & Company, LLC. Although market research efforts identified other firms with the potential to support these services, there would be no feasible way to transition the vendor and present the resources required at this time to commence services.

9. A Listing of the Sources, if Any That Expressed, in Writing, an Interest in the

Acquisition.

CBP conducted market research on strategic sourcing OASIS GSA vendors. CBP has received several inquiries from 8a, small businesses and SDVOSB Contractors.

10. A Statement of the Actions, if Any, the Agency May Take to Remove or Overcome

Any Barriers to Competition Before Any Subsequent Acquisition for Supplies or

Services Required. I

CBP anticipates award using DHS PACTS II Functional Category I strategic sourcing contract for service-disabled veteran small business (SDVOSB) set-side for

Administrative Support services. The acquisition is anticipated to be awarded in FY

2019.

11. Contracting Officer’s Certification. I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

Contracting Officer Date

12. Technical/Requirements Personnel Certification. I certify this requirement meets the

Government’s minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

Technical Representative Date

APPROVAL:

Contracting Officer*: Date

*NOTE: The Contracting Officer approves:

(1) when the action does not exceed $650K; and

(2) when regardless of dollar amount, the contract is awarded under FAR

6.302-7, Public Interest.

4/03/2019Mamadou B. Dia

Competition Advocate**: Date

**NOTE: Competition Advocate approval:

(1) is required when the action exceeds $650K but is less than or equal to

$12.5M; and when, regardless of dollar amount, the contract is awarded under

FAR 6.302-7, Public Interest.

(2) is not required if the Component Competition Advocate meets either of the criteria at FAR 6.304(a)(3)(i) or (ii), except for any determination and justification for a contract awarded under FAR 6.302-7, Public Interest, regardless of dollar amount, and exceptional circumstances applying to actions above the simplified acquisition threshold that cite FAR 6.302-2 as the authority.

Head of Contracting Activity***: Date

***NOTE: HCA approval:

(1) is required when the action exceeds $12.5M, but is less than or equal to

$62.5M (less than or equal to $85.5M for USCG); and when, regardless of dollar amount, the contract is awarded under FAR 6.302-7, Public Interest.

(2) is not required if the Component Competition Advocate meets either of the criteria at FAR 6.304(a)(3)(i) or (ii), except for any determination and justification for a contract awarded under FAR 6.302-7, Public Interest, regardless of dollar amount, and exceptional circumstances applying to actions above the simplified acquisition threshold that cite FAR 6.302-2 as the authority.

Chief Procurement Officer****: Date

****NOTE: The CPO approves:

(1) when the action exceeds $62.5M (greater than $85M for USCG); and

(2) when regardless of dollar amount, the contract is awarded under

FAR 6.302-7, Public Interest.

Additional Notes:

(1) Acquisitions conducted under simplified acquisition procedures are exempt from

FAR Part 6. Therefore, this format is not required for acquisitions under the simplified acquisition threshold pursuant to FAR 13.106-1(b).

(2) For sole-source acquisitions of commercial items (including brand names) in excess of the simplified acquisition threshold pursuant to FAR 13.106-1(b)(2) and 13.5: Sole-source justifications must be prepared using the format at 6.302-2, modified to reflect an acquisition under the authority of the test program for commercial items (section 4202 of the Clinger-

Cohen Act of 1996) or the authority of the Services Acquisition Reform Act of 2003

(41 U.S.C. 428a). The justification must be made publically available (excluding brand name within 14 days after contract award or in the case of unusual and compelling urgency, within 30 days after award). Approval of this justification is in accordance with FAR

6.304(a)(3) or 6.304(a)(4).

(3) For brand name specifications, the contracting officer must include with the solicitation the justification or documentation required by FAR 6.302-1(c), 13.106-1(b), or 13.501, redacted as necessary (see FAR 6.305).

(4) Orders placed under Federal Supply Schedules (including orders under BPAs) are exempt from FAR Part 6; however, limited source justifications must be prepared when restricting consideration to fewer than the number of schedule holders required by

FAR 8.405-1, 8.405-2 or 8.405-3 or for an item peculiar to one manufacturer pursuant to

FAR 8.405-6. The circumstance, format, approval, and posting requirements are specified at

FAR 8.405-6.

(5) For a proposed contract with a dollar value above the simplified acquisition threshold that cites FAR 6.302-2, “Unusual and Compelling Urgency” as its authority with a period of performance that exceeds the limitations identified in FAR 6.302-2(d) or

HSAR 3006.302-270, approval by the HCA is necessary unless a higher authority is required.

This authority is not delegable. If exceptional circumstances apply to the one-year period of performance limitation at FAR 6.302-2(d)(1), the HCA must issue a written determination regarding the exceptional circumstances in addition to approving the J&A (see FAR 6.302-

2(d)(3)).

(6) For actions of $12,500,000, but not exceeding $62,500,000 ($85,500,000 for the USCG), approval by the HCA is required in addition to that of the Competition Advocate unless the

Component Competition Advocate meets either of the criteria at FAR 6.304(a)(3)(i) or (ii).