Limited Source FPAC-BC GAD Services 4.17.2020.pdf

Project Title: Grants & Agreements Operational Support Positions

LIMITED SOURCES JUSTIFICATION FOR FSS ORDERS EXCEEDING THE

SIMPLIFIED ACQUISITION THRESHOLD

Multiple Award Schedule (MAS)/Multiple Award Contract

Orders under MAS/General Service Administration (GSA)/Federal Supply Schedules (FSS)

FAR PART 8.405-6

Requisition Number: 999060

Procurement Title: To prevent work stoppage by providing six (6) Operational Support

Positions to the FPAC-Business Center, Grants & Agreement Division (GAD)

Contracting Activity: USDA/Farm Production and Conservation (FPAC) Business Center

(BC)/Acquisition Division (AD)

Requiring Activity: USDA – Grants and Agreements Division / FPAC Business Center

Estimated Value: $530,000.00; GAD Initiative ID #00007 for contractor support to cover a shortage of FTEs.

Limited Sources Authority: FAR 8.405-6(a)(1)(i)(C)

1. REQUIRING AGENCY AND CONTRACTING ACTIVITY

a. Requiring Activity:

USDA – Grants and Agreements Division / FPAC Business Center

b. Contracting Activity:

United States Department of Agriculture (USDA)/Farm Production and Conservation and Conservation – Business Center / Acquisition Division (FPAC-BC/AD)

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

The nature of this action is to issue a Firm-Fixed Price (FFP) BPA Call for the existing services performed on BPA Call Number 12FPC219F0054 with Panum Telecom LLC for an 8.5-month period. The USDA BPA Number is 1232SB18A0010 (competed off GSA Contract Number

GS-10F-0416X). The current period of performance (POP) ends April 13, 2020. In order to prevent a work stoppage, this BPA Call includes a base period from April 10, 2020 through

December 31, 2020. This is necessary to carry out critical workload and backlog due to staff shortages.

A Call Order with another vendor will create a separation of function; a logical follow-on to the current Order will align performance periods and workflow to ensure connectivity between tasks as well as reduce administrative cost.

In accordance with OMB Memorandum M-20-18 agencies are authorized to use The Stafford

Act flexibilities that include increases to the Simplified Acquisition Threshold to reduce friction for contractors, especially small businesses, and the government and enable more rapid response to the many pressing demands agencies face. In addition, OMB Memorandum M-20-

17 provides “Administrative Relief for Recipients and Applicants of Federal Financial

Assistance Directly Impacted by the Novel Coronavirus (COVID-19) due to Loss of

Operations.” Our ability to support recipients impacted by COVID-19 pandemic would be severely diminished without our contract employees. This order is required to avoid a break in service.

The total estimated value of this Order is $530,000.00.

3. IDENTIFICATION OF LIMITED SOURCE AUTHORITY AND DEMONSTRATION

OF CONTRACTOR’S UNIQUE QUALIFICATIONS

a. Circumstances Justifying Limiting the Source.

FAR 8.405-6(a)(1)(i)(C) In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order or BPA must not have been previously issued under sole-source or limited-sources procedures.

b. Description of the Justification.

Panum Telecom, LLC meets all the current requirements for support and is positioned to continue providing their current level of support with no interruption or health risk to government or contractor staff. Further the contractor is currently fulfilling the requirement and a transition period would be necessary for any other contractor, thereby resulting in a lapse of service if the Call Order is not executed and resulting from COVID-19 being a major concern.

Justification

i. Minimum Government Requirements.

To achieve the level of support necessary to satisfy FPAC agency grants and agreement services, it is vital that the contractor have the capabilities and resources available to supply the Government support for grants and agreements operational services. This requirement provides essential services to support the Grants and Agreements Division and FPAC agency grant recipients. At this time it is not practical to award to any other contractor without causing a significant break in support services and risk of USDA employees contracting the COVID-19 Virus. Any break in service would be detrimental to the overall accomplishment of the assigned tasks required to meet the FPAC agencies’ mission. Award to any other source for this contract order would necessarily result in timely and costly transition and start up processes, plus an increase in the total cost of the contract especially during this period. The delay and potential increase of cost would have a significant negative impact on the continuity of support that can successfully be performed by utilizing a Call Order with Panum Telecom, LLC.

ii. Proposed Limited Source Contractor.

Panum Telecom, LLC has performed this required service effort under BPA

Call Number 2FPC219F0054 (USDA BPA) and has the core expertise and personnel to execute the required tasks to support FPAC agencies and grantees.

Panum Telecom has consistently provided the correct skills to accomplish the

FPAC agencies’; they also have extensive knowledge of our procedures, financial system, and grants management system.

iii. Discussion Regarding Cause of Limited Source Situation.

These services are required to ensure uninterrupted support for FPAC agencies and grant recipients that Grants and Agreements Division service. Awarding to another contractor would result in a break in service to our internal and external customers. Any break in service would result in delays in start-up processes. It is necessary to have continuity of support through Panum Telecom providing these services. OMB Memorandum M-20-17 provides “Administrative Relief for Recipients and Applicants of Federal Financial Assistance Directly

Impacted by the Novel Coronavirus (COVID-19) due to Loss of Operations.”

Our ability to support recipients impacted by COVID-19 pandemic would be severely diminished without our contract employees. This order is required to avoid a break in service.

iv. Procurement Discussion

The nature of this action is to issue a firm-fixed price (FFP) BPA Call for the existing services performed on BPA Call Number 12FPC219F0054 with

Panum Telecom LLC for an 8.5-month period.

The procurement history details are provided below.

Contractor: Panum Telecom, LLC

Contract Number/Task Order Number: 1232SB18A0010/12FPC219F0054 0

GSA schedule Contract Number: GS-10F-0416X

Contract Type: Firm-Fixed-Priced

Total Contract Value: $1,504,596.00

Posting Requirements: Competed among USDA Multiple Award BPA holders;

Grant Thornton (1232SB18A0008) Kearney (1232SB18A0009) and Panum

(1232SB18A0010)

Period of Performance: 04/14/2019 through 04/13/2020

v. Impact.

Failure to maintain contractor support provided by Panum Telecom, LLC, will result in a loss of services because the current POP expires on April 13, 2020.

Such a loss in services would be detrimental to FPAC agencies Grants and

Agreements Division services, as well as grant recipients. Our ability to support recipients impacted by COVID-19 pandemic would be severely diminished without our contract employees. This order is required to avoid a break in service.

4. BEST VALUE DETERMINATION

Panum Telecom’s hourly rate is lower than the prices established in their USDA BPA and other BPA holders. The BPA rates and prices have already been determined to be fair and reasonable. Panum Telecom’s negotiated rate of $64.00/hour is 8 percent lower than the rate for this year on their BPA and at least 8 percent lower than other BPA holders for this service.

In addition, Panum is a small business.

5. MARKET RESEARCH

Because of the unique circumstances outlined above, market research does not directly impact this necessary limited source action. However, market research was conducted IAW FAR

10(a)(2) and IG 4I-10.002 for the follow-on action. Market research was performed by the

Contracting Specialist searching the GSA FSS and existing USDA BPA holders for this service. See #4 above.

6. ANY OTHER SUPPORTING FACTS

There are no other supporting facts.

7. ACTIONS TAKEN TO REMOVE BARRIERS TO COMPETITION

The current BPA Call, 12FPC219F0054, was issued to Panum Telecom LLC as an FFP Order for a period of performance of April 12, 2019 through April 13, 2020. It was competed among

USDA BPA holders; Panum’s negotiated rate was 8 percent below their BPA rate and other

BPA holders, as well as having qualified staff. The BPAs were competed off GSA schedule

Contract # GS-10F-0416X: USDA BPA # 1232SB18A0010.

CONTRACTING OFFICER CERTIFICATION

I certify that this justification is accurate and complete to the best of my knowledge and belief (FAR 8.405-6(c)(2)(ix)).

_______________________ Date: _________________

Nnenna Njoku/Section Chief

Farm Production and Conservation Business Center

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the supporting data under my cognizance which are included in the LSJ are accurate and complete to the best of my knowledge and belief (FAR 8.405-6(c)(2)(x)).

_______________________ Date: _________________

Denise Burruss/Branch Chief

Farm Production and Conservation Business Center