RCS-A-2025-00190 - JA Narrative Statement.pdf

Attachment 1

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

For Acquisition Support Services

1) Identification of the agency and the contracting activity, and specific identification of the document as a "Justification for an Exception to Fair Opportunity." In accordance with FAR 16.505.(b)(2)(A)

Agency: U.S. Department of Housing and Urban Development

(HUD)

451 7th Street SW, Washington, DC 20410

Contracting Activity: Office of the Chief Procurement Officer, Headquarters

Program Office: 451 7th Street, SW, Washington, DC 20410

Office of the Chief Procurement Officer, Headquarters

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

The purpose of this justification is to request approval for the award of Task Order from HUD’s

Acquisition and Program Support Services, Multiple Award Blanket Purchase Agreement

(BPA), to one BPA Contract holder (Jefferson Consulting Group, LLC), without competition, in accordance with FAR 16.505.(b)(2)(A). The Office of the Chief Procurement Officer (OCPO) has an Unusual and Compelling Urgency in accordance with FAR statue FAR 6.302, for additional Contracting personnel in response to the Launch of the Deferred Resignation

Program 2 (DRP 2).

Method of Contracting: Sole Source award against HUD BPA Acquisition Support Services

Type of contract: Firm-Fixed-Price & Labor Hours (L/H)

Type of Funds: This contract action will be funded with Salary and Expenses (S&E) funds.

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

The mission of the OCPO acquisition staff includes providing the necessary procurement support to achieve the Department’s goals through the award and administration of contracts, purchase orders, and interagency agreements; developing and implementing Departmental acquisition policies, standards, and procedures for an effective contracting program; and ensuring that HUD receives good value for the funds expended. OCPO’s mission is to provide quality, timely, innovative, and compliant acquisition and business solutions to support the creation of strong, sustainable, inclusive communities and quality, affordable homes for all.

The contractor shall provide Acquisition and Program Support Services by providing personnel with special qualifications that are currently certified or formerly held certification at least a

Federal Acquisition Certification (FAC) level II or Defense Acquisition Workforce

Improvement Act (DAWIA) level II certification in Contracting or equivalent.

Performance of Period: 12-month period.

Estimated Total Dollar Value: $1,573,660.80

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

Authority: FAR 6.302-2, Unusual and compelling urgency.

The supplies/ services are available from other multiple HUD BPA contract holders, however

OCPO has an unusual and compelling urgency that precludes full and open competition; and any further delays in the award of a Sole Source Task Order to Jefferson Consulting Group, LLC., would result in serious injury, financial or other, to the Government.

Task Order 86615124F00006 was awarded to Jefferson Consulting Group, LLC., on July 09, 2024, using the competitive procedures with all other HUD BPA Contract holders. Task Order

86615124F00006 was awarded to OCPO to provide support for additional contractor support under the Acquisition Support and Services BPA. The Task Order was terminated by DOGE.

After further discussions, OCPO was authorized to utilize these types of services.

The Services to be provided under Task Oder 86615124F00006 by Jefferson Consulting Group, LLC., were not provided due to the termination of the contract, as directed by DOGE. Jefferson

Consulting, LLC., can meet OCPO’s request for Acquisition Support Services, by providing already clear personnel to immediately start performance on the contract.

The head of the agency has determined that exceptional circumstances apply for a 12-month base period, due to the lack of clarity to hire or recruit full-time Government employees due to the current hiring freeze. Allowing continuity of services for a total of 12 months (or one year), allows for contractor personnel to be adequately trained on HUD’s policies and processes.

Breaks in these services would continue to cause wasted man hours and delays in services to meet the overall Department goals.

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

In accordance with FAR 16.505.(b)(2)(A) the ordering activity Contracting Officer has determined that the order represents the best value and results in the lowest overall cost to meet the Government’s needs. The price evaluation will be in accordance with FAR 15.404.

6) Any other facts supporting the justification

The OCPO staffing levels have decreased by more than 40 percent, due to attrition. As there remains uncertainty of hiring efforts to augment and supplement contracting staff within OCPO, and the loss of personnel due to normal attrition, OCPO leadership will continue to leverage the support provided by the Multiple Award BPA to fill gaps in personnel shortages.

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 events and situations that have caused this need are very infrequent and exceptional in nature and cause. This situation will continue to be closely monitored and addressed using competitive procedures to ensure a Fair Opportunity is Granted to all HUD BPA Contract holders.

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

See the attached for the Contracting Officer’s Certification.

9) 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.

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 is evident by the

Contracting Officer’s signature at Part 2, Contracting Office’s Determination and Certification on the Form HUD-24012.

10) A written determination by the approving official that one of the circumstances in paragraphs (b)(2)(i)(A) through (E) and (G) of this section applies to the order.

A written determination identifying the circumstance that applies has been provided as evident by the Approving Official’s signature on Form HUD-24012, Part 3.