A03_J&A_Redacted.pdf

Version – February 2017 FOR OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

FAR PART 6 JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

Program/Equipment: Office of the Administrative Assistant to the Secretary of the Army, Directorate of Equal Employment Opportunity (DEEO)

Authority: 10 U.S.C. 2304(c)(5) as implemented by FAR Part 6.302-5 -- Authorized or Required by Statute. Sole Source awards under the Veterans Benefits Act of 2003, 15 USC 657f.

Amount: $ 144,372

Prepared by: DSN:

COR, AEP Manager Date: 18 Jan 18

Contracting Officer: DSN:

Contracting Officer Date: 18 Jan 18 Email: l

Technical: DSN:

Resolution Management Manager Date: 18 Jan 18 Email:

Requirements: DSN:

COR, AEP Manager Date: 18 Jan 18 Email:

Reviews: I have reviewed this justification and find it adequate to support other than full and open competition.

Program Manager:

DSN:

Signature:

18-D-154J&A

FAR Part 6 Justification and Approval for Other than Full and Open Competition

1. Contracting Activity: U.S. Army Contracting Command-Aberdeen Proving Ground (ACC-APG), Aberdeen Proving Ground, MD 21005

2. Description of Action: Office of the Administrative Assistant to the Secretary of the Army, Directorate of Equal Employment Opportunity (DEEO) requests a firm-fixed-price, new contract with TDB Communications, Inc. 10901 W 84th Ter. Ste. 105 Lenexa, KS, 66214-1649. The Government projects an award to a Small Disabled Veteran Owned Small Business (SDVOSB) for January 2018 and fiscal year 2018, Operation and Maintenance, Army (OMA) funds will be used.

The required acquisition plan in accordance with DFARS 207.103(d)(i)(B) is currently awaiting Branch Chief approval.

3. Description of Supplies/Services: The Office of the Administrative Assistant to the Secretary of the Army, Resources and Programs Agency, Directorate of Equal Employment Opportunity (DEEO) promote a civilian workforce that is reflective of our nation's diversity. DEEO has a current need for court reporting services on an on-going basis as related to discrimination complaint processing to ensure compliance with the Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614, (EEO MD-110), November 9, 1999 and Army Regulation 690-600, Equal Opportunity Discrimination Complaints, 9 February 2004.

Base Period: 22 Jan 18 to 21 Jan 19 Value:

Option Period 1: 22 Jan 19 to 21 Jan 20 or Value:

Option Period 2: 22 Jan 20 to 21 Jan 21 or Value:

Option Period 3: 22 Jan 21 to 21 Jan 22 or Value:

Option Period 4: 22 Jan 22 to 21 Jan 23 or Value:

Value:

Total:

4. Authority Cited: 10 U.S.C. 2304(c)(5) as implemented by FAR Part 6.302-5 -- Authorized or Required by Statute. Sole Source awards under the Veterans Benefits Act of 2003, 15 USC 657f.

5. Reason for Authority Cited: The requirement will be awarded under the authority of FAR 6.302-5(b)(6) Sole Source awards under the Veterans Benefits Act of 2003, 15 USC 657f. TDB Communications, Inc. meets the FAR requirements for a sole source award outlined under FAR 19.1406. The work is currently not being performed by a SDVOSB. The contracting officer verified that TDB Communications, Inc. is an SDVOSB under NAICS code 518210. In accordance with FAR 19.1406(a)(1) The contracting officer has no reasonable expectation that two or more capable offers would be received from SDVOSB concerns. Please see paragraph 8 for additional details on market research. The requirement cannot be satisfied through the Federal Prison industries or an Ability One participating non-profit agency for the blind or severely disabled.

6. Efforts to Obtain Competition: Sources sought notice W91CRB-18-R-0011 was posted to the Federal Business Opportunities (FBO) website on 09 November 2017.

a. Effective Competition: Since this is a sole source action, effective competition is not applicable.

7. Actions to Increase Competition: The follow-on to this requirement will be competed to the maximum extent practicable was synopsized in accordance with the requirements of FAR 5.202. On 16 January 2018, intent to sole source W91CRB-17-R-0032 was posted to the Federal Business Opportunities website. Breaking the requirement out in the effort to increase competition was considered, however, continuity and consistency is of the utmost importance for contract performance. Based on this, the requirement will be sole sourced to one vendor.

8. Market Research: Market research was conducted in accordance with FAR Part 10.

On 09 November 2017, Source Sought notice W91CRB-18-R-0011 was posted to the Federal Business Opportunities Website (FBO.gov) along with a draft Performance Work statement (PWS) and a comprehensive list of questions to determine if small business concerns were capable of achieving the requirements outlined in the PWS. Responses were received from four small businesses concerns CRC Holdings, Inc. and Atlas Court Reporters and Translators of which are small businesses, National Industries for the Blind which is a large business and TBD Communications Inc. which is a SDVOSB concern. The requiring activity evaluated each capability statement against the draft PWS and the questions that were provided on the Sources Sought Notice.

Based on an evaluation of the capabilities statements only one of the vendors that submitted responses determined to be capable of achieving the requirements of the performance work statement. The response from Atlas Court Reporters and Translators had no mention of EEO Fact Finding experience, no mention of location and the ability to perform in the National Capital Region. CRC Holdings, Inc. had no mention of EEO Fact Finding experience, and National Industries for the Blind Response references Army Contracting Command and but the scope of work address the US Fish and Wildlife service, and had no mention of EEO Fact Finding experience.

TDB Communications Inc. capability statement addressed each question succinctly, providing sufficient information based on the requirements as outlined in the draft PWS to determine capability. They provided information on three current contracts including a brief description of work performed indicating experience. According to the company’s capability statement, they have familiarity with security procedures and expanded on their standard procedures. Access to sites is critical to timely provision of service.

Additionally, they maintain a pool of court reporters in numerous cities to include the Washington, DC area and indicate that they are certified. This attests to accuracy and availability with regard to place of performance.

Based on the market research that was conducted the contracting officer does not have a reasonable expectation that an acceptable proposal will be submitted by two or more SDVOSB’s.

9. Interested Sources: To date, one additional vendor expressed interest in the requirement, however, they did not respond to the sources sought posting for a determination to be made regarding their capabilities.

10. Other Facts:

a. Procurement History Contract number, awarded Contractor: W91CRB-15-F-0003, Capital Reporting Company Description of requirement: Court reporting and interpreting services Method of procurement: General Service Administration (GSA) eBuy website GS-07F- 0528T Contract type: Firm Fixed Price Contract Period of performance: POP 19 January 2015 through 18 January 2018 Total awarded amount: $162,486.43 Number of option periods: Two Number of Offerors: 5 Source Selection Method: LPTA Basis for fair and reasonable pricing: FAR 15.404-1(b)(2)(i)

11. Technical/ Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Typed Name: Date: 18 Jan18 Title: Signature:

12. Contracting Officer Certification/Approval:

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon price analysis.

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a sole source is in the best interest of the Government. Additionally, I approve this justification to limit competition subject to the availability of funds and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Name: Date: 18 Jan18 Contracting Officer Signature: