Redacted SIGNED JA Smartrip Benefits Program.pdf

J&A No.: FY24-00226 Page 1 of 5

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

41 U.S.C. 3304(a)(7)

J&A No.: FY24-00226

Date: 08/20/2024 PR Number: RUAS-24-00123

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.3 and in accordance with the requirements of FAR 6.303-1, the justification for the use of the statutory authority under FAR Subpart 6.3 is justified by the following facts and rationale required under FAR 6.303-2 as follows:

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), Office of Procurement Operations (OPO), Departmental Operations Acquisition Division I (DOAD I) proposes to enter into an Indefinite Delivery Indefinite Quantity (IDIQ) on a basis of Other Than Full and Open Competition.

2. Nature and/or Description of the Action being Approved.

(a) DHS intends to award an IDIQ pursuant to Executive Order 13150, DHS has a requirement to provide federally subsidized mass transit benefits to DHS employees who use Metrorail, Metrobus, qualified vanpool services VRE, Marc Train, Martz Bus, and Quick’s Bus, in addition to DHS employees who use Commuter Buses (Keller, Dillon, and the EYRE).

(b) Washington Metropolitan Area Transit Authority (WMATA), 600 Fifth Street, NW, Washington, DC 20001-2610 for the Smartbenefits Program.

(c) This effort is a follow-on Indefinite Delivery Indefinite Quantity (IDIQ) from

70RDAD18D00000005 (08/09/2018 through 08/08/2023), which was previously procured as a Sole Source Cost-Reimbursement IDIQ contract. The current contract was previously approved for limited competition through J&A FY18-0231. Before the previous IDIQ expired, the current Task Order 70RDAD23FR0000080 was awarded through 09/08/2024.

(d) Estimated total value (including options). The Period of Performance for this effort is a

12-month Base and four (4) 12-month Option Years.

PERIOD PERIOD OF PERFORMANCE

Base 09/09/2024 – 09/09/2025 Option Year 1 09/09/2025 – 09/09/2026 Option Year 2 09/09/2026 – 09/09/2027 Option Year 3 09/09/2027 – 09/09/2028 Option Year 4 09/09/2028 – 09/09/2029

Total Contract Value:

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(e) Type of Funding. Operations and Support Funds

(f) Year of Funding. Fiscal Year 2024

(g) Solicitation number. 70RDA124Q00000104

(h) Background information about the requirement.

Pursuant to Executive Order 13150, DHS has a requirement to provide federally subsidized mass transit benefits to DHS employees who use Metrorail, Metrobus, qualified vanpool services VRE, Marc Train, Martz Bus, and Quick’s Bus, in addition to DHS employees who use Commuter Buses (Keller, Dillon, and the EYRE).

3. Description of Supplies/Services.

WMATA will provide the Department of Homeland Security Headquarters Transit Subsidy Program Manager with access to the WMATA online transit subsidy benefits account. The access will allow the DHS Program Manager to perform the following tasks: Entering Smartrip serial numbers, manage participants’ accounts by adding/deleting benefit amounts, and perform other participants’ accounts’ edits as necessary.

There are approximately 1,100 employees active in the transit subsidy program. The figure of the 1,100 participants’ is an approximation, as users are added and deleted on a weekly basis. It is not possible to calculate a dollar amount per month based on the number of participants due to the weekly adding/deleting of participants. Monthly figures are based on the distance from participants’ home to the worksite, and the number of days they work at their worksite.

4. Identification of Statutory Authority Permitting Other Than Full and Open

Competition.

The statutory authority permitting other than full and open competition is 41 USC 3304(a)(1) implemented by the FAR Part 6.302-1, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

5. Identification of Exception to the Buy American Statute

N/A

6. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

(a) WMATA is the only responsible source capable of satisfying the agency’s specific transportation needs effectively and efficiently within the NCR. This includes considerations of WMATA’s operational reliability, safety standards, regional coverage, and possibly lower overall costs compared to other providers when administrative fees from multiple agencies are factored in. WMATA has specialized knowledge of the transit system in the National Capital Region (NCR), its infrastructure, and has the ability to meet specific regulatory or safety requirements that other providers cannot provide. The

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Department of Transportation provides Smartbenefits utilizing WMATA and Health and Human Services provides benefits utilizing a Go! Card charge card. Both DOT and HHS charge administrative and management fees to provide services. Federal agencies are generally required to implement a transportation fringe benefit for their employees. This benefit helps offset commuting costs, ensuring that employees are not financially burdened when commuting to and from work. This can include options such as transit passes, vanpooling benefits, or subsidies for parking fees. The goal is to promote the use of public transportation and reduce the environmental impact of commuting. WMATA is indeed the primary transit agency responsible for operating transit services in the Washington, D.C. metropolitan area. It operates the Metro rail system, Metrobus service, and manages certain paratransit services in the region. WMATA was created through an interstate compact among the District of Columbia, Maryland, and Virginia, and it plays a crucial role in providing transportation options for commuters and residents in the D.C.

area.

(b) Other proposed vendors are unable to meet the requirements, Department of

Transportation (DOT): Provides Smartbenefits via WMATA but charges administrative and management fees and Health and Human Services (HHS): Offers benefits through a Go! Card charge card, which also involves administrative and management fees.), WMATA's fee-free Smartbenefits system offers a more cost-effective and streamlined solution compared to the DOT and HHS options, which come with additional fees and potentially more complex processes.

(c) The extent to which the Government will be harmed if the supply or service is not acquired from WMATA is that of a financial burden to commuters. This benefit helps offset commuting costs, ensuring that employees are not financially burdened when commuting to and from work and promotes the use of public transportation and reduces the environmental impact of commuting.

7. Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential Sources as is Practicable.

A notice of the Government’s intent to issue a sole source IDIQ to WMATA will be publicized on SAM.GOV on or about August 26, 2024.

8. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable.

The Contracting Officer determines that the anticipated cost will be fair and reasonable by comparing the proposed rates to WMATA’s publicly posted rates on the WMATA website (www.WMATA.com). WMATA’s board of Directors sets the rates for non-regional bus services that applies to all additional services requested by WMATA’s jurisdictional partners throughout the region. WMATA’s board of Directors are made up of representatives from their jurisdictional partners, so they are setting a rate that applies to the jurisdictions that they represent. Additionally, WMATA’s rates are approved by the United States Congress pursuant to the National Transportation Act of 1960. An exception applies to the cost or pricing data, in accordance with FAR 15.403-1(c)(2), Prices set by law or regulation.

http://www.wmata.com/

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Pronouncements in the form of periodic rulings, reviews, or similar actions of a governmental body, or embodied in the laws, are sufficient to set a price.

9. Description of Market Research.

Market Research was conducted in accordance with FAR Part 10. The Program Manager contacted other federal agencies, performed Internet searches, and reviewed Government regulations and policy regarding sources for federal transit subsidy. As a result of this research a determination was made that the only source available was WMATA for the service being procured.

The Washington Metropolitan Area Transit Authority (WMATA) is the only contractor who can provide the services within the National Capital Region (NCR). WMATA electronically send benefits to all employees via Smartrip card for those enrolled in the Smartbenefits program to commute to and from work. The Department of Transportation has fees associated with their services and they use WMATA for their electronic program (Smartbenefits). Health and Human Services (HHS) provides vouchers and debit cards but has fees and also does not have a travel card that can be used in the NCR for the electronic program (Smartbenefits).

10. Any Other Facts Supporting the Use of Other Than Full and Open Competition.

None

11. A Listing of the Sources, if Any That Expressed, in Writing, an Interest in the

Acquisition.

A notice of the Government’s intent to award to WMATA will be publicized.

12. A Statement of the Actions, if Any, the Agency May Take to Remove or Overcome Any Barriers to Competition Before Any Subsequent Acquisition for Supplies or Services Required.

There are no actions that DHS can take to remove barriers to competition at this time;

however, continued market research will be performed to determine whether an alternate source exist.

WMATA is a tri-jurisdictional government agency created by an interstate compact, authorized by Congress that operates transit service in the Washington D.C. metropolitan area, including the Washington Metro Rail and Metrobus.

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13. Contracting Officer’s Certification. I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

Ronald Jean-Baptiste Date Contracting Officer Departmental Operations Acquisitions Division

14. Technical/Requirements Personnel Certification. I certify this requirement meets the

Government’s minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

Nicole Raymond Date Technical Representative/Contracting Officer Representative Chief Readiness Support Office

APPROVAL:

Procuring Activity Advocate for Competition Date