Limited Sources Justification.pdf

LIMITED SOURCES JUSTIFICATION

Task Order Number: GS-00F-010CA Task Order 15PVCD22F00000010

Upon the basis of the following justification, I, hereby approve the use of sources limited to fewer than those required in FAR 8.405-1, FAR 8.405-2, and FAR 8.405-3 pursuant to the authority of 41 U.S.C. 251 as implemented by FAR 8.405-6(a)(1)(i)(C). This acquisition is conducted under the authority of the Multiple-Award Schedule Program (FAR 8.401).

(1) Agency and Contracting Activity

Agency: U.S. Department of Justice (DOJ)

Office of Justice Programs (OJP) Office for Victims of Crime (OVC)

Contracting Activity: OJP, Acquisition Management Division (AMD)

(2) Nature and/or description of the action being approved

This action is for OJP to issue a contract to ICF Incorporated, LLC (ICF), on a sole source basis in order to maintain continuity of vital mission essential services to OVC to support their Training and Technical Assistance Center (TTAC), pending the recompete of the follow-on competitive acquisition.

The initial performance period for this contract has been limited to a period of approximately six months, from March 30, 2022 to September 29, 2022, and will include two three-month option periods. The options are being included in order to extend the performance period on a limited basis should the follow-on procurement experience unexpected delayed. OJP intends to issue a time and material (T&M) award to ICF via their General Services Administration (GSA) Multiple Award Schedule (MAS) contract (GS-00F-010CA) using FY22 funds. The total estimated value, including all options (if exercised) is approximately $6.5 million.

(3) A complete description of the Supplies/Services required to meet the Agency’s needs

The goal of OVC’s TTAC is to develop, enhance, and sustain quality services to crime victims through the delivery of cutting-edge training and technical assistance to victim service providers, volunteers, allied professionals, and advocates, as well as strengthen and expand the capacity of service organizations to meet the needs of crime victims.

OVC intends to continue services under this effort in the following tasks:

• Deliver, manage, and enhance the process and procedures for responding to requests from the field for site-specific training and technical assistance (TTA);

• Maintain previously developed curricula, training manuals, technical guides, and resource materials available to OVC’s target audience;

• Develop and implement strategies for support personnel working in or with communities on NamUs issues;

• Migrate, maintain, and operate MyTTAC – a comprehensive, Web-based, information management system that serves as a single information source for TTA resources and activities;

• Assume responsibility for the support, maintenance, updating, operation, and hosting of VictimLaw, a comprehensive database of victims’ rights laws that continues to be updated and enhanced;

• Provide ongoing needs assessments of the TTA needs of the field through a variety of cost-effective methods including the fulfillment and analysis of recurring TTA requests from the field;

• Work with OVC staff to maintain and/or transfer the Human Trafficking Task Force eGuide, "Understanding Human Trafficking" training, and Trafficking Information Management System (TIMS);

• Work with OVC staff to support capacity-building efforts and emergency crisis response for major incidents of mass violence or terrorism;

• Provide assistance to address a specific need or emerging issue that may take any form not specifically included in the tasks described above;

• Provide victim services for older Americans who may be victims of financial fraud.

(4) An identification of the LSJ rationale

This action is issued in accordance with 10 USC 2304(c)(1) implemented by the Federal Acquisition Regulation (FAR) is Subpart 8.405-6(a)(1)(i)(C). In the interest of economy and efficiency, this action is a logical follow-on to an order already issued under ICF’s GSA MAS contract. The original order was placed in accordance with the applicable GSA ordering procedures, and was not previously issued under sole-source or limited-sources procedures.

(5) A determination by the ordering activity contracting officer that the order represents the best value consistent with FAR 8.404(d).

The solicitation for this action is issued to a single source, ICF, under their GSA MAS contract GS- 00F-010CA. By issuing this action via the GSA MAS program, OJP benefits from improved pricing because GSA’s rates are pre-negotiated at the master contract level, which means GSA has already determined the rates to be fair and reasonable. Prior to awarding this order, OJP will confirm that the quoted hourly rates are equal to, or less than, ICF’s established GSA rates.

By issuing this order against ICF’s GSA MAS contract, the contracting officer has concluded that the anticipated award is in the best interest of OJP and represents the best value to the

Government. OJP will use current and historical data to provide the level-of-effort to the vendor for the resulting award, which reduces the Government's exposure to risk.

(6) Description of the market research conducted among schedule holders, and the results of the research, or a statement why market research was not conducted.

Actions are already underway to award the follow-on competitive acquisition. The follow-on contract is anticipated to be awarded prior to the end of fiscal year 2022. The Government utilized internet and GSA schedules, as well as interactions with other US Department of Justice entities to identify capable vendors who could provide this service. The Government has released two (2) Requests for Information (RFIs) on SAM.gov to identify potential vendors in market research.

(7) Any Other Facts Supporting the limited sources justification

If this immediate follow-on action is awarded to a new contractor, then major disruptions will occur as the new contractor learns to support OVC’s TTAC within a very short period of time and for a very short period of time (i.e., six-months). A quick and shorter-than-expected transition for a short period of time would almost ensure long-term damage to OVC’s TTAC. Consequently, the risk to the Government in terms of degradation in support, in both the short- and long-terms, is too high to transition support to another contractor for such a limited time.

In addition, the Government would incur a substantial duplication of costs due to multiple transitions from one contractor to the next. The new contractor would potentially only be on board for six-months. As such, there would be a transition from ICF to the new contractor, and a transition from the new contractor to the successful contractor of the follow-on acquisition. This duplication of costs is mitigated by awarding a six-month extension to the existing contract with ICF as there would only be one transition period from ICF to the successful offeror on the follow-on contract.

Moreover, the administrative challenges involving hiring and security clearances (and building passes, etc.) simply cannot be done in this timeframe, thus preventing a new contractor from working, which will cause a disruption in critical services. Managing two contractors during the recompete of the work would be inefficient, costly, and unmanageable, and working handoffs between two contractors and establishing processes for coordinating work would further degrade any productivity.

As previously mentioned, actions are already underway to award the follow-on competitive acquisition. The follow-on award is anticipated to be issued by the end of fiscal year 2022. In the interests of economy and efficiency, this sole source award to ICF is required to allow for a smooth acquisition of the follow-on award, and to provide the government with uninterrupted services.

(8) A statement of the actions, if any, the agency will take to remove or overcome any barriers that led to restricted consideration before any subsequent acquisition for supplies and services is made

Actions are currently underway to award a new competitive contract with contract performance currently scheduled by the end of fiscal year 2022.

(9) The ordering activity Contracting 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 for the proposed action has been reviewed and that to the best of my knowledge and belief the information data provided to support the rationale and recommendation for approval is accurate and complete.

Contracting Officer Signature Date

(10) 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 facts and representations under my cognizance which are included in this justification, and which form a basis for this justification, are complete and accurate.

Technical Representative Signature Date

(11) Approval

Based on the foregoing justification and this acquisition exceeding $750,000 but not exceeding $15M, I hereby approve the procurement of the aforementioned services for an other than full and open competition basis pursuant to the authority per FAR 8.405-6(d)(2).

Maureen Henneberg, Competition Advocate Date