Sole_Source_Justification_-_CO_Signature.pdf

JUSTIFICATION FOR OTHER THAN FULL

AND OPEN COMPETITION

Requisition # RG02-18-1139

1. IDENTIFICATION OF AGENCY AND CONTRACTING OFFICE:

Agency: Social Security Administration (SSA)

Contracting Office: Office of the Deputy Commissioner for Budget, Finance and Management

Office of Acquisition and Grants

Contracting Officer: Joeie Tracht, (410) 965-9862

Program Office: Center for Program Support, Region 2

26 Federal Plaza, Room 4060

New York, NY 10278

Contracting Officer’s Angela Caruso, Program Expert

Technical Representative (212) 264-4402

(COTR)

Proposed Contractor: Demographic Registry

Puerto Rico Department of Health

PO Box 11854

San Juan, PR 00910

2. NATURE OF ACTION:

We seek approval for award of a sole source fixed price contract for a period of one year with four additional one-year option periods. The total cost, assuming all options are exercise is approximately $375,000.00.

The agency is seeking sources capable of providing on-line verifications of Puerto Rico birth, death, and marriage records.

The contractor must be the custodian of the records to provide the on-line verification of the records for the government.

3. DESCRIPTION OF SERVICES AND ESTIMATED COST:

The Contractor shall provide to Social Security Administration (SSA) via single electronic query access, birth, death, and marriage records identified elsewhere in this

Section. SSA and the Contractor are entering into the contract for purposes of facilitating SSA in the assignment of Social Security numbers, establishment or verification of eligibility and or payment amounts under certain benefit programs administered by SSA, as such establishment and verification is required under Titles II and XVI of the Social Security Act (The Act). SSA’s Office of Inspector General

(OIG) will also use this information for investigation of fraud, waste and abuse in

SSA’s programs and operations such as: identifying ineligible Social Security recipients; identifying SSN misuse by individuals using an SSN belonging to another individual, by individuals using an SSN under an assumed identity or buying selling, or counterfeiting Social Security cards; and other, similar purposes.

The current charge to SSA is $3.00 for each verified online record. This price has been in effect since September 2015.

These services are used by the SSA offices in Puerto Rico to obtain online verification of Puerto Rico birth, death, and marriage records for processing official workloads.

The estimated contract cost is as follows:

$75,000.00 for base year, $75,000.00 for option year 1, $75,000.00 for option year 2, $75,000.00 for option year 3, $75,000.00 for option year 4, Total: $375,000.00

4. ACQUISITION PLAN STATUS:

The acquisition plan for this procurement is RCF-18-11009-02.

5. STATUTORY AUTHORITY:

41 U.S.C. 3304(b) -- Only one responsible source and no other supplies or services will satisfy agency requirements.

Federal Acquisition Regulation (FAR) 6.302-1 -- See Section 6 below for reasons for the Statutory Authority use.

6. CONTRACTOR'S UNIQUE QUALIFICATIONS:

The Puerto Rico Department of Health, Demographic Registry possesses the unique qualifications and capabilities to meet the project requirements and successful carry out its objectives . The Puerto Rico Department of Health, Demographic Registry is the custodian of the records, and is the only source that SSA employees have for obtaining electronic Puerto Rico vital records.

Thus, the Puerto Rico Department of Health, Demographic Registry is the only potential contractor that possesses the unique qualifications and capabilities needed to meet the project requirements and successfully carry out its objectives.

7. SOLICITATION EFFORTS:

On 04/30/2018, SSA posted a Notice of Intent 28321318RNOI00011, which stated that we would sole source this requirement to the Puerto Rico Department of Health, Demographic Registry indefinitely. The Notice of Intent (NOI) stated that the contractor is the only contractor that is the custodian of these vital records. The NOI closed on 05/14/2018, and SSA receives no responses to the NOI.

8. REASONABLENESS OF COST:

The contracting officer will execute a determination of cost reasonableness prior to awarding the contract.

9. MARKET RESEARCH:

See Item 6.

10. OTHER FACTS:

SSA and the Demographic Registry entered into a Privacy Agreement, similar to a

Memorandum of Understanding, on 09/02/2008, which provided the terms and conditions for this requirement. The Agreement expires on September 1, 2013. SSA issued several purchase orders in order to obligate funds to pay for services under the

Agreement. The Office of General Counsel, in an email from Ellen Sovern dated April

17, 2013, advised that, based on the terms of the current contract (purchase order SS02-

12-50007) and Privacy Agreement, only a contract is now required to protect SSA’s interests. This advice is predicated on SSA not providing any data or information to

Demographic Registry. A contract is therefore sufficient since SSA does not pass any data to the BVS in this requirement.

11. LIST OF SOURCES EXPRESSING INTEREST IN THE ACQUISITION:

N/A

12. ACTION TAKEN TO REMOVE COMPETITION BARRIER:

The agency is always looking to remove barriers to competition. As noted above, the

Puerto Rico Department of Health, Demographic Registry is the custodian of the records, and is the only source that SSA employees have for obtaining electronic Puerto

Rico vital records.

CERTIFICATION BY THE CONTRACTING OFFICER AND OTHER CONTRACTING

OFFICIALS

The Contracting Officer and other contracting officials hereby certify that the information provided in support of this justification for other than full and open competition is accurate and complete to the best of their knowledge and belief.

RECOMMEND: 07/16/2018

Joeie Tracht, Division Director Date

Division of Eastern Regional Contracts (DERC)

Office of Operations Contracts (OOC)

Office of Acquisition and Grants (OAG)

/s/ John Andrews 07/17/2018

CONCUR:

John Andrews, Office Director Date

Office of Operations Contracts (OOC)

Office of Acquisition and Grants (OAG)