LSJ_Tech Refresh.pdf

LIMITED SOURCE JUSTIFICATION - GOVERNMENTWIDE ACQUISITION

CONTRACT (GWAC) OR MULTI-AGENCY CONTRACT (MAC) ORDERS

EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

INSTRUCTION COVER PAGE

A. Complete the form per the guidance on page 3 of this form (excluding this Instruction Cover page).

B. Sign form using e-sign guidance below.

Instructions to use electronic signature.

1. Click on the “e-sign” block where you want your signature to appear.

2. Choose the digital ID that you want to use.

3. Click “continue” button in the lower right corner.

4. Click “sign” button in the lower right corner.

5. The “save as” screen will pop up next.

6. You must save the document under a different name.

7. You will need to enter your pin for your HUD PIV card.

8. Then the document will be saved in your files and your digital signature will appear on the form.

9. Save the file (do not change the file name) and send to the next person to sign the document as required.

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Limited Source Justification - Governmentwide Acquisition Contract (GWAC) or Multi-Agency Contract (MAC) Orders Exceeding the Simplified Acquisition Threshold

U.S. Department of Housing and Urban Development

Office of the Chief Procurement Officer

PART 1 – JUSTIFICATION (to be completed by requesting office)

This acquisition is conducted under the authority of the GWAC Program under statutory authority, 40 U.S.C. 11302(e) or the MAC Program under statutory authority, 40 U.S.C. 11314(a)(2).

Services or supplies to be ordered [describe]:

Total estimated cost of this order [include all costs of the proposed acquisition, e.g., options, systems life costs, etc.; total will determine the approval level needed]: $

Limiting Consideration from Required MAS Ordering Procedures (see FAR 16.505(b)(iii)) Consideration for this GWAC or MAC should be limited to the following source(s) [provide names, addresses and points of contact or attach separate sheet as needed]:

Circumstances justifying restriction of sources for consideration [select appropriate]:

The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays

(see FAR 16.505(b)(2)(i)(A)).

Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized (see FAR 16.505(b)(2)(i)(B)).

The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order (see FAR 16.505(b)(2)(i)(C)).

It is necessary to place an order to satisfy a minimum guarantee (see FAR 16.505(b)(2)(i)(D)).

For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source (see FAR 16.505(b)(2)(i)(E)).

Attachments [provide the following information]:

A complete description of the circumstances that justify the above restriction.

Demonstration/description of the proposed contractor's unique qualifications to provide the required supply or service (if consideration is to be limited to one schedule contractor).

A description of the market research conducted among schedule holders and the results or a statement of the reason market research was not conducted.

A statement of the actions, if any, the Department may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made.

Consideration Limited to Sources Providing Particular Brand, Product, or Product Feature

Sources to be considered for this order should be limited to those offering the following item(s) peculiar to one manufacturer (e.g., a particular brand name, product, or a feature of a product, peculiar to one manufacturer) [list and describe fully, or attach detailed description of the product or critical characteristics of the product]:

Attachments [provide the following information]:

If brand name, product, or product feature is the basis for the restricted consideration, the program office must describe why it is essential to the Government’s requirements, and demonstrate how the attached market research supports the determination that other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the Department’s need.

A statement of the actions, if any, the Department may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made.

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Page 2 of 3 12/2020

If the order contains brand name specifications, the requirement has been posted unless the following exception applies (see FAR 16.505(a)(4)(iii)(C) [check if applicable]:

Disclosure would compromise the national security (e.g., would result in disclosure of classified information) or create other security risks. The fact that access to classified matter may be necessary to submit a proposal or perform the contract does not justify use of this exception;

Program Office’s Supporting Data

The following information has been provided to support the limitation of sources or specific brand name, product, or product feature (e.g., verification of the Government's minimum needs or requirements or other rationale for limited sources) [list and describe; attach additional pages if needed]

Program Office Official’s Certification

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

Head of Program Office [name] Title/Name of Office:

Signature: Date: For additional information contact:

X

PART 2 – CONTRACTING OFFICER’S DETERMINATION AND CERTIFICATION

I hereby determine that:

The order represents the best value to HUD consistent with the requirements of FAR 16.505(b)(3) (price evaluation is attached);

and, If a particular brand name, product, or product feature is requested, I hereby determine that it is essential to the Government’s requirements, and as demonstrated by the attached market research, other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the Department’s need.

I certify that the information contained in this justification is accurate and complete to the best of my knowledge and belief. In accordance with FAR 16.505(b)(2)(ii)(C)(1), this certification serves as approval of this limited source justification for orders up to $750,000.

Name: Signature: Date:

X

PART 3 – APPROVALS

For orders greater than $750,000 up to $15 million – Competition Advocate

Name Signature Date X

For orders of $15 million to $75 million – Head of the Contracting Activity or Designee

Name Signature Date X

For orders over $75 million – Senior Procurement Executive

Name Signature Date X

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Page 3 of 3 12/2020

Instructions:

PART 1 – to be completed by the requesting office

The office requesting the limited source consideration shall enter all information and provide all supplementary information and attachments. See FAR 16.505(b)(2)(ii)(B) for minimum information required for justification.

The head of the office submitting the justification shall complete the certification and sign and date it.

PART 2 – to be completed by the Contracting Officer

The contracting officer shall attach the price evaluation and sign and date the form. If the order is less than $750,000, stop here, follow posting procedures and place the completed justification in the order file.

PART 3 – to be completed by the approving official

If the order exceeds $750,000, the contracting officer shall obtain the appropriate higher-level authority’s name, signature, date, follow posting procedures, and place the completed justification in the order file.