P00003 LSJ - Tribal Tech Extension.pdf

Template for a Federal Supply Schedule (FSS) Limited-Sources Justification

Completion Instructions: HHS has established a standard template for the preparation of a Limited-Sources Justification (LSJ) pursuant to FAR Subpart 8.4. This template is for use with orders issued under the Federal Supply Schedule (FSS) program where the value exceeds simplified acquisition threshold and competition is restricted: (1) to fewer schedule contractors than required in FAR 8.405-1, 8.405-2, or 8.405-3, or (2) to an item peculiar to one manufacturer. See FAR Subpart 8.4 for additional guidance. This template is not for use with acquisitions other than those under FAR Subpart 8.4.

Tailor all aspects of this template to the individual acquisition. Consult FAR 8.405-6 for guidance. An addendum may be added in case additional space is needed.

When this document is printed, the blue italic instructions are automatically deleted on the printed version.

FEDERAL SUPPLY SCHEDULE

LIMITED-SOURCES JUSTIFICATION

Acquisition Title: Onsite Support for Administration for Native Americans

Agency: AHRQ

Acquisition Year (FY): 2024

Author: Kenneth Akwuole

2. Description of Action:

Nature: New Requirement Follow-on Requirement

Modification to Existing Purchase Order/Contract Number: GS-00F-195DA 75ACF123F80004

Pricing: Firm-Fixed Price Time & Materials Cost

Other:

Funds: OMA Other Funds:

<For each proposed contractor if more than one (e.g., brand name):>

Name of Proposed Contractor(s): Tribal Tech LLC

Street Address: 121 S ALFRED ST

City, State, Zip: ALEXANDRIA VA 223143049

Remove ContractorAdd Contractor

3. Description of Supplies and Services to Include Contract Vehicle/Number Utilized:

The Administration for Native Americans (ANA) administers federal programs that promote the economic and social wellbeing of Native American families, children, individuals, and communities by providing grant funding for community-based projects and training and technical assistance (TTA) to eligible tribes and native organizations. In order to comply with White House and Congressional mandates, ANA must provide Program Specialists and Project Consultants to guide grant award recipients in meeting the terms and conditions of the grant award; and help ANA Commissioner and Deputy Commissioner meet the requirements of the Office of the Commissioner. Three recent Presidential Executive Orders (EOs) have expanded the tribal portfolio of ANA. The White House Council on Native American Affairs (WHCNAA) has tasked ANA as the lead coordinator in the implementation of a tribal economic development initiative. The purpose of this initiative--and the critically important collaborative preparation process leading up to it -- is to empower Tribal officials, federal agencies, and private sector partners to identify and jointly pursue specific projects to advance Tribal community infrastructure and economic development, leveraging new and significant Federal funding resources. This modification encompasses a strategy to continue the support services that enable ANA to meet its mandates, including initiatives that advance Tribal economic development projects and programs. Specifically, the Administration for Native Americans is seeking to modify the current task order to extend the current staff support services, which include project planning and evaluation, grant management, logistics, and administrative support. This action would also enable ANA to support the transition services needed between the incumbent contractor and the replacement contractor.

The estimated value of the proposed action, including all options, is $ 910,902.16

Briefly describe the supplies or services to be provided, including make & model number where appropriate. Indicate whether the item to be procured is peculiar to one manufacturer (e.g., a particular brand name, product, or a feature of a product, peculiar to one manufacturer). If applicable, include quantities of supplies or period of performance for services.

Provide information for any options included in the order. If the action is a modification to an existing order, distinguish clearly between the work covered by the basic order and the work to be obtained by the proposed modification.

The primary purpose of this action is to support the transition of services from the current contractor to the successor contractor. This extension adds 5 weeks to the performance period outlined in the Performance Work Statement (PWS), resulting in a new period of performance (POP) from 11/5/2024 to 12/13/2024. This additional time will allow ANA to ensure a smooth and efficient transition to the new contractor while also providing the government with the necessary time to finalize the re-competition process and make an award in early FY 2025.

4. Authority:

ORDER AGAINST FSS: Authority of the Multiple Award Schedule Program, Title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251, et seq.); Title 40 U.S.C. 501, Services for Executive Agencies; and Section 803 of the National Defense Authorization Act of 2002 (PL 107-107) and implemented by FAR 8.405-6. Mark the applicable exception and for each discuss how the cited authority applies in accordance with FAR 8.405-6(c)(2)(iv).

An urgent and compelling need exists, and following the procedures would result in unacceptable delays (FAR 8.405-6(a)(1)(i)(A));

Only one source is capable of providing the supplies or services required at the level or quality required because the supplies or services are unique or highly specialized (FAR 8.405-6(a)(1)(i)(B));

The government is modifying the Period of Performance (POP) of the existing order with Tribal Tech because they are the only source capable of providing the required services at the necessary level of quality due to their unique expertise and specialized knowledge. This extension is necessary to support the transition between the incumbent contractor and the new contractor, ensuring the effective transfer of ANA’s mission-critical services. Awarding a new contract for this brief period would be impractical, as a new firm would lack the institutional knowledge gained by Tribal Tech, which is essential for at least a 1-month transition phase. Additionally, awarding to a new contractor without this transition period would require significantly increased government oversight and integration efforts to maintain acceptable performance standards. Extending Tribal Tech’s POP reduces the risk of service disruption and ensures continuity of high-quality performance.

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 (FAR 8.405-6(a)(1)(i)(C)); or

An item peculiar to one manufacturer can be a particular brand name, product, or a feature of a product, peculiar to one manufacturer). A brand name item, whether available on one or more schedule contracts, is an item peculiar to one manufacturer. (FAR 8.405-6(b)).

When competition is limited to items peculiar to one manufacturer, this justification must explain why the particular brand name, product, or feature is essential to the Government's requirements, and that market research indicates other companies' similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency's needs in accordance with FAR 11.105.

5. Market Research:

Describe the extent of the market research conducted among the schedule holders and the results, or a statement of the reason that market research was not conducted. Brand name specifications shall not be used unless the particular brand name, product, or feature is essential to the Government’s requirements, and market research indicates other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency’s need.

This modification provides extended support from the current order GS-00F-195DA 75ACF123F80004, awarded in May 2024, to support the implementation of a tribal economic development initiative, program coordination, communication outreach, grant application reviews, grant management, and program evaluation and planning support. Modifying the contract with Tribal Tech will allow ANA to maintain these critical services for Native American communities while transitioning to a new contractor.

Market research was conducted using the GSA eLibrary and Dynamic Small Business Search (DSBS) websites. The government also evaluated OASIS Small Business (SB) and OASIS 8(a) Government-wide multiple award schedules.

Additionally, the research included analysis of historical data and current contract evaluation reports. The extension of services builds on work completed under the current task order. Based on market research, historical data, and the assessment that Tribal Tech is uniquely qualified to provide the necessary transition services, a short continuation of this task order is in the government's best interests.

6. Actions to Increase Competition:

Describe the actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration prior to any subsequent acquisition for the supplies or services is made. If no such actions have been taken, explain why.

For the follow-on requirement, the government will conduct a full re-competition to maximize participation from eligible contractors capable of supporting ANA's mission. Based on the market research conducted, the government intends to solicit offers specifically from 8(a) companies certified by the Small Business Administration (SBA) and listed under the General Services Administration (GSA) Multiple Award Schedule (MAS) 541611. These actions are intended to remove any barriers to broader competition and ensure a diverse pool of qualified vendors for future acquisitions.

7. Any other facts supporting the justification:

ANA is the lead office in the implementation of a tribal economic development initiative at ACF. This legislative mandate requires a strategy to assess current data, identify mechanisms to expedite government processes, and develop a path to advance Tribal economic development projects successfully. Tribal Tech has been very instrumental in assisting ANA to meet these mission critical services to the Tribal communities. Tribal Tech has the necessary institution experience and expertise in working with ANA, and the resources to deliver on this modification. Establishing a transition period with Tribal Tech, will allow ANA sufficient time to phase-in a new contractor without jeopardizing ANA's mission.

8. Technical / Requirements Certification: By my signature below, I certify that the supporting data under my review which is included in this Limited-Sources Justification is accurate and complete.

Program Manager

Name: Kenneth Akwuole

Position Title: Senior Management Analyst

Email address: kenneth.akwuole@acf.hhs.gov

Phone: 202-690-5793

Program Manager Supervisor (or one level above Program Manager)

Name: Hope MacDonald LoneTree

Position Title: Deputy Commissioner, ANA

Email address: Hope.Macdonaldlonetree@acf.hhs.gov

Signature:

Date:

9. Best Value Determination: By my signature below, after review of the relevant documents, I have determined that the order subject to this Limited-Sources Justification represents the best value for the Government as set forth in FAR 8.404(d), and constitutes a fair and reasonable price. The basis for my determination is as follows:

Describe in detail the basis for the determination that this order provides the best value, and that the price is fair and reasonable. Attach and/or summarize applicable market research, commercial prices lists, comparable GSA schedule pricing or other markers that were used in this determination.

GSA FSS contracts have established prices for supplies and services and include rates for services offered at fixed hourly rates, and have already been determined to be fair and reasonable. Negotiations will secure a total overall price which represents best value for this modification.

10. Contracting Officer's Approval (Required for proposed contract not to exceed $700,000 (value calculated including all options)): I hereby certify that this justification is accurate and complete to the best of my knowledge. I approve this justification subject to the availability of funds, and provided that the services and supplies herein described have otherwise been approved for acquisition.

Name: Christopher Palmer Phone: 202-731-2464

Signature: Date: Sep 17, 2024

11. Legal Review:

All J&As greater than $68 million must have a legal review from the General Law Division of the Office of the General Counsel prior to sending it to the Department.

12. OPDIV Competition Advocate Approval (Required for proposed contract over $700,000 but not exceeding $13.5 million (value calculated including all options)):

I have reviewed this justification and find that it adequately supports limiting sources.

Name: Patrick A. Joy Phone: (202) 951-0133

Signature: Date: Sep 24, 2024

13. Office of Small and Disadvantaged Business Utilization:

I have reviewed this justification and find that it adequately supports limiting sources.

Name: Phone:

Signature: Date:

14. OPDIV HCA Approval (Required for proposed contract over $13.5 million but not exceeding $68 million (value calculated including all options)):

Name: Phone:

Signature: Date:

15. Department Competition Advocate:

Concur: Non-Concur:

Name: Phone:

(The below approval paragraph is required if the cumulative contract value, including all options, exceeds $68 million.)

16. HHS Senior Procurement Executive (SPE) Approval:

Based on the foregoing justification, I hereby approve limiting sources for the above stated procurement, subject to the availability of funds, and provided that the services herein described have otherwise been authorized for acquisition.

State supplies/services being procured:

The Administration for Native Americans (ANA) administers federal programs that promote the economic and social wellbeing of Native American families, children, individuals, and communities by providing grant funding for community-based projects and training and technical assistance (TTA) to eligible tribes and native organizations. In order to comply with White House and Congressional mandates, ANA must provide Program Specialists and Project Consultants to guide grant award recipients in meeting the terms and conditions of the grant award; and help ANA Commissioner and Deputy Commissioner meet the requirements of the Office of the Commissioner. Three recent Presidential Executive Orders (EOs) have expanded the tribal portfolio of ANA. The White House Council on Native American Affairs (WHCNAA) has tasked ANA as the lead coordinator in the implementation of a tribal economic development initiative. The purpose of this initiative--and the critically important collaborative preparation process leading up to it -- is to empower Tribal officials, federal agencies, and private sector partners to identify and jointly pursue specific projects to advance Tribal community infrastructure and economic development, leveraging new and significant Federal funding resources. This modification encompasses a strategy to continue the support services that enable ANA to meet its mandates, including initiatives that advance Tribal economic development projects and programs. Specifically, the Administration for Native Americans is seeking to modify the current task order to extend the current staff support services, which include project planning and evaluation, grant management, logistics, and administrative support. ANA is working on re-competition action that would allow maximum participation from eligible contractors who possess the capability in providing the support needed for ANA's critical mission. This action would enable ANA to support the transition services needed between the incumbent contractor and the replacement contractor.

State the full statutory authority and FAR cite and title, consistent with paragraph 4, e.g. 41 U.S.C. 3304:

Name: Phone:

Template for a Federal Supply Schedule (FSS) Limited-Sources Justification

Completion Instructions: HHS has established a standard template for the preparation of a Limited-Sources Justification (LSJ) pursuant to FAR Subpart 8.4. This template is for use with orders issued under the Federal Supply Schedule (FSS) program where the value exceeds simplified acquisition threshold and competition is restricted: (1) to fewer schedule contractors than required in FAR 8.405-1, 8.405-2, or 8.405-3, or (2) to an item peculiar to one manufacturer. See FAR Subpart 8.4 for additional guidance. This template is not for use with acquisitions other than those under FAR Subpart 8.4.

Tailor all aspects of this template to the individual acquisition. Consult FAR 8.405-6 for guidance. An addendum may be added in case additional space is needed.

When this document is printed, the blue italic instructions are automatically deleted on the printed version.

FEDERAL SUPPLY SCHEDULE

LIMITED-SOURCES JUSTIFICATION

2. Description of Action:

Nature:

Pricing:

Funds:

<For each proposed contractor if more than one (e.g., brand name):>

3. Description of Supplies and Services to Include Contract Vehicle/Number Utilized:

Briefly describe the supplies or services to be provided, including make & model number where appropriate. Indicate whether the item to be procured is peculiar to one manufacturer (e.g., a particular brand name, product, or a feature of a product, peculiar to one manufacturer). If applicable, include quantities of supplies or period of performance for services. Provide information for any options included in the order. If the action is a modification to an existing order, distinguish clearly between the work covered by the basic order and the work to be obtained by the proposed modification.

4. Authority:

When competition is limited to items peculiar to one manufacturer, this justification must explain why the particular brand name, product, or feature is essential to the Government's requirements, and that market research indicates other companies' similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency's needs in accordance with FAR 11.105.

5. Market Research:

Describe the extent of the market research conducted among the schedule holders and the results, or a statement of the reason that market research was not conducted. Brand name specifications shall not be used unless the particular brand name, product, or feature is essential to the Government’s requirements, and market research indicates other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency’s need.

6. Actions to Increase Competition:

Describe the actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration prior to any subsequent acquisition for the supplies or services is made. If no such actions have been taken, explain why.

7. Any other facts supporting the justification:

8. Technical / Requirements Certification: By my signature below, I certify that the supporting data under my review which is included in this Limited-Sources Justification is accurate and complete.

Program Manager Name:

Position Title:

Email address:

Phone:

Program Manager Supervisor (or one level above Program Manager) Name:

Position Title:

Email address:

Signature:

Date:

9. Best Value Determination: By my signature below, after review of the relevant documents, I have determined that the order subject to this Limited-Sources Justification represents the best value for the Government as set forth in FAR 8.404(d), and constitutes a fair and reasonable price. The basis for my determination is as follows:

Describe in detail the basis for the determination that this order provides the best value, and that the price is fair and reasonable. Attach and/or summarize applicable market research, commercial prices lists, comparable GSA schedule pricing or other markers that were used in this determination.

10. Contracting Officer's Approval (Required for proposed contract not to exceed $700,000 (value calculated including all options)): I hereby certify that this justification is accurate and complete to the best of my knowledge. I approve this justification subject to the availability of funds, and provided that the services and supplies herein described have otherwise been approved for acquisition.

Name:

Phone:

Signature:

Date:

11. Legal Review:

All J&As greater than $68 million must have a legal review from the General Law Division of the Office of the General Counsel prior to sending it to the Department.

12. OPDIV Competition Advocate Approval (Required for proposed contract over $700,000 but not exceeding $13.5 million (value calculated including all options)):

I have reviewed this justification and find that it adequately supports limiting sources.

Name:

Phone:

Signature:

Date:

13. Office of Small and Disadvantaged Business Utilization:

I have reviewed this justification and find that it adequately supports limiting sources.

Name:

Phone:

Signature:

Date:

14. OPDIV HCA Approval (Required for proposed contract over $13.5 million but not exceeding $68 million (value calculated including all options)):

Name:

Phone:

Signature:

Date:

15. Department Competition Advocate:

Concur:

Non-Concur:

Name:

Phone:

Signature:

Date:

(The below approval paragraph is required if the cumulative contract value, including all options, exceeds $68 million.)

16. HHS Senior Procurement Executive (SPE) Approval:

Based on the foregoing justification, I hereby approve limiting sources for the above stated procurement, subject to the availability of funds, and provided that the services herein described have otherwise been authorized for acquisition.

State supplies/services being procured:

State the full statutory authority and FAR cite and title, consistent with paragraph 4, e.g. 41 U.S.C. 3304:

State the full statutory authority and FAR cite and title, consistent with paragraph 4, e.g. 41 U.S.C. 3304 Name:

Phone:

Signature:

Date:

11.0.0.20130303.1.892433.887364 Justification & Approval - Federal Supply Schedule Health and Human Services Justification & Approval - Federal Supply Schedule

Market research was conducted using the GSA eLibrary and Dynamic Small Business Search (DSBS) websites. The government also evaluated OASIS Small Business (SB) and OASIS 8(a) Government-wide multiple award schedules. Additionally, the research included analysis of historical data and current contract evaluation reports. The extension of services builds on work completed under the current task order. Based on market research, historical data, and the assessment that Tribal Tech is uniquely qualified to provide the necessary transition services, a short continuation of this task order is in the government's best interests.