SSJ_Redacted.pdf

Defense Threat Reduction Agency 8725 John J. Kingman Road, Stop 6201

Fort Belvoir, VA 22060-6201

IN REPLY REFER TO

SOLE SOURCE DETERMINATION

1. Description of Supplies/Services to Acquire

The Defense Threat Reduction Agency (DTRA) contracting activity proposes to procure, without using full and open competition, the annual support, software migration, and upgrade subscription renewal for iComplaints now ETK EEO software from Tyler Federal, LLC, in support of the DTRA Equity, Diversity and Inclusion Office (EI). This procurement will allow EI to continue using the vendor’s iComplaints system in managing EEO complaints while the migration occurs for the upgrade to ETK EEO for continued use and reporting. The iComplaints software provides tracking and generates reports that are in compliance with EEOC Management Directive 110, Federal Sector Complaint Processing Manual and 29 Code of Federal Regulation 1614. Additionally, the system will also demonstrate DTRA’s EI Office compliance with the Elijah E. Cummings Federal Employee Antidiscrimination Act of 2020, requiring that each Federal agency establish a system to track each complaint of discrimination arising under section 2302(b)(1) of title 5, United States Code.

The Defense Threat Reduction Agency (DTRA) Equity, Diversity, and Inclusion (EI) is responsible for ensuring that Equal Employment Opportunity (EEO) complaints are processed fairly, promptly, thoroughly and in strict compliance with the Equal Employment Opportunity Commission (EEOC) complaint processing procedures and reporting timelines.

The DTRA EI Office also requires a system to house EEO complaint data for tracking purposes and to produce the Notification and Federal Anti-Discrimination and Retaliation (No FEAR) and 462 reports.

DTRA EI has used and maintained control of the current system from Tyler Federal, LLC for the last 9 years and has processed over 250 estimated cases. The current system of iComplaints is scheduled for upgrade to ETK EEO and no further software versions will be available from Tyler Federal, LLC after 28 September 2022.

Having the ability to input complaint data into one system and be able to generate a number of reports to meet requirements from EEOC, the No FEAR Act, Department of Defense and internal reporting is more advantageous to the Government than seeking out one or more new platforms from other vendors. iComplaints, now ETK EEO, is proprietary and only available from Tyler Federal, LLC and their authorized service providers.

2. Estimated Value

The estimated dollar amount of this requirement is The period of performance shall be for one 12-month base period and four 12 month option periods from September 2022 – September 2027 (anticipated).

3. Statutory Authority

The authority for this sole source action is 41 U.S.C 1901 and FAR 13.501.

4. Basis for this Action

In accordance with 10 U.S.C. 2304(c)(1), Tyler Federal, LLC is the only vendor that can provide the current annual support, software migration, and upgrade subscription renewal for iComplaints now ETK EEO, which provides:

Management and tracking of the EEO complaint lifecycle, assuring that every step in the EEO process has been followed.

The Quality Report Management Module that manages and produces the Annual Federal Equal Employment Opportunity Statistical Report of Discrimination Complaints per EEOC.

The No FEAR Module that manages and produces quarterly and annual reports per the No FEAR Act.

Without software to manage and produce this data, the efficiency of the DTRA EI Office will be greatly diminished and the agency runs a risk of mandatory reports not being accomplished in a timely manner and complaints not being appropriately tracked, which could lead to monetary and non-monetary sanctions from the EEOC. The annual support, software migration, and upgrade subscription renewal for iComplaints now ETK EEO software is essential to maintaining a model EEO program.

Tyler Federal, LLC has provided support and license access to DTRA since 2013.

Previous awards HDTRA1-13-F-0075, HDTRA1-17-P-0056, and HDTRA1-21-P-0063 were procured for iComplaint Annual Support and Upgrade Subscription. Any attempt to identify an alternative software would not be feasible nor advantageous for the Government given the amount of data that is currently stored within the iComplaint software system that would need to be migrated to an alternative system.

5. Actions to Take

Tyler Federal, LLC is the only identified source capable of meeting DTRA’s immediate EEO complaint tracking system needs within the specified period of time. If another potential source emerges, DTRA will assess whether competition for future requirements is feasible. DTRA will continue to review and consider similar products as they become available to determine if they meet agency requirements.

Technical Certification:

I certify that the data and information forming the basis for this justification are accurate and complete to the best of my knowledge and belief.

Contracting Officer Certification:

I determine that the above circumstances of this contract action deem only one source reasonably available to satisfy the Government's requirement.