NV GJDCR JOFOC.pdf

JOFOC: USAO–NV, GJDCR Page 2

4. Identification of the statutory authority permitting other than full and open competition.

In accordance with FAR 6.302-2 and 41 USC 3304(a)(2), EOUSA’s need for transcription and court reporting services is of such an unusual and compelling urgency such that a short-term one-time extension to the existing contract must be issued.

5. A demonstration of the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

Due to circumstances beyond the control of the District due to the nationwide pandemic and the resultant impacts that has had on the local personnel market wherein it is extremely difficult to source and locate reporters willing and able to submit to the extensive DOJ background and security investigation as well as comply with the stringent GJ material security protocols necessary for GJDC contracts. In addition to the difficulties in locating reporters that will service the Las Vegas metropolitan area, a new GJ will be impaneled imminently the first week of April requiring continuance of GJDC court reporting and transcription services which necessitates an urgent solution to ensure these critical services do not lapse.

Free State has consistently provided reliable, cost-efficient, and technically superior court reporting and transcription services for the District’s needs. The entity has been successfully supporting the District’s GJ court reporting and transcription services. Of critical importance, the staff of the entity has already been cleared through the DOJ security and background investigation process and thus uniquely positions them to support urgent and imminent GJ sessions without delay for newly initiated security processing for new vendors. The entity also has acknowledged and expressed commitment to compliance with the building access protocols necessitated by the Executive Orders for Federal contractors and contractor employees related to safer workplace procedures in light of the pandemic vaccination mandates.

6. A description of the efforts made to ensure that offers are solicited from as many sources as is practicable, including whether a notice was or will be publicized as required by subpart 5.2 or the exception under FAR 5.202 which applies.

As noted above, the EOUSA will limit the duration of the one-time bridge contract extension to permit sufficient time to develop a commercial Solicitation to encourage competition to the maximum extent practicable for the follow-on contract awards.

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

The EOUSA will work with the District to develop an independent government estimate (IGE) based on existing contract rates and additional market research for both historically paid rates and rates paid on similar GJDC type contracts in similar sized and geographically situated USAO District offices nationwide. The IGE will be used to evaluate any proposed pricing the differs from Free State’s existing contracts to ensure the one-time extension costs are fair and reasonable. It is the EOUSA’s intention to also limit any travel costs to the rates specified in the Federal Travel Regulations to ensure fair and reasonable pricing for the short-term extension until competitive commercial market pricing for the follow-on contract can be obtained.