WMATA JA_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND

OPEN COMPETITION (OTFAOC)

Federal Acquisition Regulation (FAR) Part 6 Justification & Approval (J&A), Supporting Procurements under FAR Part 12, FAR Part 15

Purchase Request Number: 612166288 Contract/Agreement Number: To Be Determined Task/Delivery Order Number: Not Applicable Procurement Title: Washington Metropolitan (Metro) Area Transit Authority (WMATA) SmartBenefits Program Estimated Value:

Statutory Authority: 10 U.S.C. 2304(c)(1)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (OTFAOC)

Justification for OTFAOC Number: JA22-016

Upon the basis of the following justification, I, as the Procuring Activity Competition Advocate, hereby approve the use of other than full and open competition of the proposed contractual action pursuant to the statutory authority of 10 U.S.C. 2304(c)(1) and in accordance with FAR 6.302-1.

1. REQUIRING AGENCY AND CONTRACTING OFFICE:

Requiring Agency:

Defense Information System Agency (DISA) Workforce Services and Development Directorate (WSD)

P.O. Box 549 Ft. Meade, MD 20755

Contracting Activity:

Defense Information Technology Contracting Organization (DITCO) National Capital Region (NCR) Acquisition Resources Contracting Branch (PL61) P.O. Box 549 Ft. Meade, MD 20755

2. NATURE/DESCRIPTION OF ACTION(S): This Justification and Approval (J&A) supports the action to issue a sole source award to the incumbent, The Washington Metropolitan Area Transit Authority, to support the mission requirements of The Mass Transit Subsidy Benefits program. For mass transit in the Washington DC area, the required source is the SmartBenefits program. SmartBenefits is a web-based program and the sole program for transferring benefits from employers to employees utilizing mass transit in the Washington DC metropolitan area.

The Department of Transportation (DOT) uses this program to ensure that funds are available for the active participants each month. WMATA requires federal agencies to use SmartBenefits, as the primary means of providing transit benefits. The benefit is for commuting between the participant’s residence and workplace.

Washington Metropolitan Area Transit Authority (WMATA) SmartBenefits Program-JA22-016

The current agreement, HC1047-19-A-0001, is a Basic Ordering Agreement (BOA). This action will be issued as a blanket purchase agreement for a three-year period. WMATA is the transit authority for the NCR and does not hold any GSA schedules. The expected cost of this action will not exceed over the three-year agreement period. This agreement is required for the Mass Transit Subsidy Program, an entitlement program for federal employees.

This agreement provides DISA the ability to eliminate third party costs associated with our participation in the SmartBenefits program. In the past, DISA had Department of Transportation (DOT) award and manage this program. By utilizing DOT’s services to procure and acquire SmartBenefits DISA was paying a seven percent fee in addition to the costs for the SmartBenefits.

3. DESCRIPTION OF SUPPLIES/SERVICES: The SmartBenefits is the required program for the Department of Defense National Capital Region Mass Transit Benefits subsidy program.

Washington Metro Area Transit Authority is the required source and the only organization with the qualifications and capabilities to perform the master database functions that are required for operating the SmartBenefits program. There are no other organizations that are either eligible or capable of performing the master database function that WMATA provides.

The current agreement was awarded as a BOA on 12 January 2019. The base period of performance was 12 January 2019 through 11 January 2020 and two 12 month option periods.

The last option was exercised 12 January 2021 and expires on 11 January 2022. The ceiling for the current BOA is . However, the volume of purchases, in part due to the COVID 19 Pandemic, for the current agreement has not exceeded . The ceiling on the BOA provided the flexibility to add additional participants if the need arose (new employees and participants, etc.).

WMATA offers parking and transportation as part of their SmartBenefits program. DISA has elected not to participate in the parking program in the past years. On 18 December 2015, the parity between parking and mass transit benefits was reinstated permanently under the Consolidated Appropriations Act, 2016, Protecting Americans From Tax Hikes (PATH) Act, Division Q which automatically includes parking benefits in the transit benefits program beginning in 2016.

The cost of this procurement is based on the size of the DISA workforce that is eligible and elects to participate in the SmartBenefits program. At the present time there are 191 active mass transit benefit participants, down from approximately 650. This number fluctuates based on the time of year, locations from which and to which employees commute, eligibility of employees and the future participation by new employees or withdrawal from the program by current employees, as well as the continued telework posture of the agency due to the COVID 19 Pandemic. The participant level will be established at 600 employees as this BPA will cover 3 years and it is not known how many individuals will be required to report to their physical duty station vice telework. The mass transit monthly limit is currently with permanent parity between parking and mass transit monthly limits for 2022. The authorized transit benefit maximum is determined by Congress and that amount is specifically defined in Title 26 U.S.

11. ACTIONS THE AGENCY MAY TAKE TO REMOVE OR OVERCOME BARRIERS

THAT LED TO THE EXCEPTION TO FULL AND OPEN COMPETITION:

(a) Procurement History:

Contract: HC1047-19-A-0001 Contractor: WMATA Basis for Award: Sole Source, OTFAOC Value:

Period of Performance: 12 January 2019 to 11 January 2022 (Base plus Three-Option Years)

Contract: HC1047-16-A-0001

Basis for Award: Sole Source, OTFAOC Value:

Period of Performance: 12 January 2016 to 11 January 2019 (Base plus Three-Option Years)

Contract: HC1047-12-G-4001

Basis for Award: Sole Source, OTFAOC Value:

Period of Performance: 12 January 2012 to 11 January 2016 (Base plus Four-Option Years)

Department of Transportation (DOT) Contract: Intra-Agency Agreement (MOA) Contractor: Washington Area Metro Authority (WMATA) Basis for Award: Economy Act of 1932 (15 U.S.C. 1535) and Administrative Working Capital Fund (49 U.S.C 327) Value:

Period of Performance: 1 October 2008 to 11 January 2012

(b) Market Research will continue to be conducted to examine and monitor the changes within the public transportation industry in the NCR.

(c) In accordance with FAR 6.302-1 only one source is capable of providing the supplies or services required at the level of quality required. Within 14 days after establishing the WMATA BPA this justification will be posted to Sam.gov. Further, WMATA is capable of transporting commuters across the entire tri-state region via Metrorail and Metrobus commuter locations and those services are largely connected to the SmartBenefits program. At this time the Government is not aware of another transit authority in the Washington Metropolitan Area that offers a program similar to SmartBenefits on a transit network that transports commuters across the Metropolitan Area.

TECHNICAL CERTIFICATION: I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief.

NAME: Carey E. Mantici SIGNATURE:

TITLE/ORGANIZATION: Transportation Specialist/Program Manager (RM/MP4)

PHONE: DATE:

REQUIREMENTS CERTIFICATION: I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief.

NAME: Martin Reed SIGNATURE:

TITLE/ORGANIZATION: Chief of Travel and Transportation (RM/MP4)

PHONE: DATE: 5 Jan 22

CONTRACTING OFFICER CERTIFICATION: I certify that this justification is accurate and complete to the best of my knowledge and belief.

NAME: Michelle Bontempo SIGNATURE:

TITLE/ORGANIZATION: PSD/PL61

6 Jan 22

PROCURING ACTIVITY COMPETITION ADVOCATE APPROVAL: I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief.

Since this justification does not exceed , this review serves as approval and my written determination that the aforementioned FAR circumstances apply.

NAME: Gay Arnold SIGNATURE:

TITLE/ORGANIZATION: Procuring Activity Competition Advocate/DISA

ALL QUESTIONS REGARDING THIS JUSTIFICATION ARE TO BE REFERRED TO

Michelle Bontempo, ,