SAP-Sole-Source-Procurement_HispanicFederation.pdf

JUSTIFICATION FOR SOLE SOURCE PROCUREMENT (OPEN

MARKET OR GSA) UNDER $150,000

Sole source acquisitions may be used on a limited basis and only when the Contracting Officer’s Representative (COR)/Program Official has provided sufficient justification and the Contracting Officer has determined that the circumstances warrant such action. The content for a justification must contain detailed facts and rationale to justify the sole source acquisition. Soliciting from a single source must be done in accordance with FAR 13.106-1(b) or 8.405-6. At a minimum, the following information must be included:

Identification of Program Office, Contracting Activity, and Proposed Requirement, Justification and Program Office Certification:

A. Program Office:

World Trade Center Health Program National Institute for Occupational Safety and Health 2400 Century Center Centers for Disease Control and Prevention Atlanta, GA 30345

B. Contracting Activity:

Centers for Disease Control and Prevention Office of Financial Resources Acquisition Branch II

C. Identification of Requirement:

1. Nature of Action to be Approved by Contracting Officer:

a. Sole source acquisition of: Outreach and Education Services

b. Procurement Request (PR) Number (if available): 0000HCCP-2021-52777

2. Proposed Vendor and Estimated Procurement Amount (if available):

a. Proposed Vendor: Hispanic Federation

b. Estimated Procurement Amount: $45,962.16

3. Is the requirement on GSA Schedule? ☐ Yes ☒ No

If yes, provide schedule number: Click here to enter text.

Rev. 5/15/17

Justification:

1. The justification for this non-competitive action is:

☒ In accordance with FAR 13.106-1(b)(1), “only one source [is] reasonably available” which states that, “For purchases not exceeding the simplified acquisition threshold. (i) Contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization). (ii) Where a single source is identified to provide a portion of a purchase because that portion of the purchase specifies a particular brand-name item, the documentation in paragraph (b)(1)(i) of this section only applies to the portion of the purchase requiring brand-name item. The documentation should state it is covering only the portion of the acquisition which is brand- name.”

☐ Urgency ☐ Exclusive licensing agreements/Proprietary data ☐ Brand name required ☐ Industrial mobilization ☒ Other (e.g., compatibility, space issues, continuity, compatibility, etc.)

☐ In accordance with FAR 8.405-6 “Limiting Sources” which states that, “the only circumstances that may justify the action are – (A) An urgent and compelling need exists, and following the procedures would result in unacceptable delays; (B) Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized; or (C) In the interest of economy and efficiency, the new work is a logical follow-up 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 BPA must not have been previously issued under sole-source or limited-sources procedures.”

☐ Urgency ☐ Only One Source ☐ Logical Follow Up ☐ Brand name required

2. Other facts supporting sole source procurement:

a. What can this product/service do that other products/services cannot do?

Hispanic Federation is one of four Outreach and Education contractors that has been working with the members of the World Trade Center Health Program (WTCHP) for the past three years. Their current contract ends on 9/21/2021 which is only ten days after the 20th anniversary of 9/11. Currently, WTCHP has outreach events scheduled for the month of September and to maintain continuity of operations the Program needs to extend the incumbent contractor by 3 months. The additional three months will allow the Hispanic Federation to conduct vital outreach to the survivor population of the Program through the month of September and give them an opportunity to close out the final reports and transfer data to the Program. Initially, WTCHP planned to exercise a six-month extension for Hispanic Federation but the contract did not include the FAR 52.217-8 clause, which was not noticed until the near end of the current contract. Currently, the program is working on developing the acquisition packet for the next round of Outreach and Education Contracts, which the program planned to award by 9/22/2021 but due to the outreach events planned for the month of September, it would be disruptive to outreach efforts to start new contracts in the month of September. A new contractor would not be able to assist the program in the

Rev. 5/15/17 outreach events scheduled for September and thus the WTC program would lose out on essential outreach to both current and future members. It is essential that the Program maintains continuity of operations in addition to the level of effort for the month of September due to the significance of the 20th anniversary of 9/11.

b. What other products/services were considered and why did they not meet the need?

WTCHP originally planned to compete and award a new round of contracts by 9/22/2021 but due to the fact that the new contractors would not be able help with the outreach events scheduled during the month September related to the 20th anniversary of 9/11 it is not in the best interest of the program to award these contracts by 9/22/2021. The loss of continuity of operations would be extremely detrimental to the Program and our members. No other contractors would be immediately able to step in in the middle of the 20th anniversary month.

3. Program Office efforts to seek potential offerors:

Program has started the process of developing the acquisition packet for the next round of Outreach and Education Contracts. A RFI has been posted to gather capabilities statements.

However due to the fact that the current contracts end on 9/21/2021. which is during the month that the program has outreach events acknowledging the 20th anniversary of 9/11, it would harm the WTC mission to to end the current outreach and education contracts and start new ones. The loss of continuity of operations and/or the reduction in the level of effort that is generally caused by a new contractor’s need to ramp up during such a significant anniversary for the program would be extremely detrimental to the Program and our members.

D. Program Office Certification:

I have reviewed this sole source justification and certify the justification is true and accurate to the best of my knowledge and adequate to support other than full and open competition.

Center/Institute/Office COR/Program Official Name/Title: Andrew K Weathers, Contracts Management Unit Chief, WTCHP

Center/Institute/Office COR/Program Official Signature:

Certification Date: July 14, 2021

E. Contracting Office Certification:

I have fully relied on the information provided herein and hereby certify that this justification is accurate and complete to the best of my knowledge and belief:

Contracting Officer Name: Click here to enter text.

Contracting Officer Signature:

Certification Date: Click here to enter a date.