Inactive

UNITED STATES DEPARTMENT OF EDUCATION Office of Finance and Operations Contracts and Acquisitions Management JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY 1. IDENTIFICATION: • Agency: U. S. Depar... UNITED STATES DEPARTMENT OF EDUCATION Office of Finance and Operations Contracts and Acquisitions Management JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY 1. IDENTIFICATION: • Agency: U. S. Department of Education • Contracting Activity: Contracts and Acquisitions Management 2. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED: The U.S. Department of Education (The Department) seeks to negotiate and award a contract to develop an automated tool that leverages agency Information Collection Review (ICR) processes and documentation under the Paperwork Reduction Act, to populate metadata, or information about each dataset, on agency data inventories based on the tenets of a 2013 Executive Order and related OMB guidance on managing Information as an asset that were set into law through the Foundations for Evidence-Based Policymaking Act of 2018 (Public Law No: 115-435). The law requires each agency to develop an inventory that includes basic technical information to facilitate an improved understanding of available information resources and how to access them. Furthermore, the President's Management Agenda (PMA) 2018-2021 includes data as one of the three key drivers for modernizing the Federal Government. Recognizing the critical importance of data to the U.S. economy, one of the PMA Cross-Agency Priority (CAP) Goals involves leveraging data as a strategic asset. The work conducted as a result of the award will be performed for the National Center for Education Statistics within the Institute of Education Sciences. The National Center for Education Statistics (NCES) is the primary federal entity for collecting and analyzing data related to education in the U.S. and other nations. NCES is located within the U.S. Department of Education and the Institute of Education Sciences. 3. DESCRIPTION OF SUPPLIES OR SERVICES REQUIRED TO MEET THE AGENCY'S NEEDS: The Department competitively awarded a Multiple-Award, Indefinite Delivery/Indefinite Quantity (IDIQ) contract called "Education Statistics Support Institute Network" (ESSIN) to nine contract holders, which consist of five small businesses (Pool B) and four large businesses (Pool A) on December 15, 2011 using FAR Parts 15 and 16.5. The period performance of the ESSIN IDIQ is from December 15, 2011 through December 31, 2021. Orders placed against ESSIN can be awarded through full and open competition of Pools A and B or as set-asides to Pool B. The period of performance includes the Optional Reviewal Period of 60 months. The purpose of this Multiple-Award IDIQ is to provide the National Center for Education Statistics (NCES), which is within the Institute of Education Sciences (IES), technical assistance and expert advice it requires to support its national and international data collections and assessments, analyses, methodological research, statistical product preparation, and training programs. This requirement also assists NCES in responding to the changing needs of data users, adapting rapidly to changing priorities and policies, and incorporating the latest scientific advances in how statistical assessment studies are designated, fielded, analyzed, and reported. Project title: PMA CAP Goal 4 Leveraging Data as a Strategic Asset Description of supplies or services: A strong data inventory framework is key to our nation's ability to leverage data, and NCES' Education Data Inventory (EDI) was recognized as an exemplar and a potential pilot project that could be scaled government-wide. On December 21, 2012, Sanametrix was awarded the "Statistical Standards and Data Security Program Support" contract under ESSIN IDIQ ED-IES-12-D-0009/0005, where the initial development of an electronic template for the Information Collections Request (ICR) with an electronic collection interface that can be used to extract the content needed to populate the EDI has recently concluded. That award included testing the template with ED staff who produce ICR packages for various types of information collection, modifying the template and information extraction software as needed to accommodate multiple uses. The next phase of the work includes continuing this testing with staff who develop ICRs for other offices in ED and in other Departments across government and making necessary modifications. The initial requirement was competed amongst all ESSIN FY 2019 PMA resources remain to continue testing and further development 4. EXCEPTION TO FAIR OPPORTUNITY AND SUPPORTING RATIONALE: The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order. This task order, "PMA CAP Goal 4 Leveraging Data as a Strategic Asset", will support the next phases of work associated with the development of the ICR capture/review system that enables data inventory automation across ED and into other agencies. This requirement will support the development of a re-identification risk assessment toolkit for federal agencies that will include templates based on best practices for assessing, managing, and mitigating the risk that the identity of individuals or enterprises are re-identified from the release of confidential federal data. This requirement is a logical follow-on as it builds off the work developed by Sanametrix under ESSIN IDIQ ED-IES-12-D-0009/0005, where Sanametrix successfully developed the ICR/interface. Based on Sanametrix's success with the prior phase of the work completed under ED-IES-12-D-0009/0005 and the efficiencies that will gained based on this new requirement being issued to Sanametrix, ED finds that the award of this new requirement is a logical follow-on, as the original award was competed amongst all ESSIN small business offerors in Pool B. Changing contractors at a point where the ED is in the middle of testing the existing template, database management system and associated data extraction software would undoubtedly add to the amount of time and costs required to complete the next phase of this requirement. It would be extremely costly for the agency to identify another contractor, if one existed, to continue the work that has already begun under ED-IES-12-D-0009/0005 without risk of delay or the need to reconduct work that has already been performed by Sanametrix. Changing contractors at a point would duplicate startup cost and add to the amount of time and costs required for a new contractor to get up to speed in order to complete the next phase of work. FAR 16.505(b)(2)(i)(B) is the authority for the exception for this action as the rationale provided establishes that a logical follow-on is required in the interest of economy and efficiency since Sanametrix has already developed the ICR/interface and duplicative costs/time for another vendor to perform the follow-on work is cost prohibitive and not in the best interest of the Government. 5. DETERMINATION BY CONTRACTING OFFICER THAT THE ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE: It is anticipated that this procurement will be firm fixed price. The award to Sanametrix will be issued against an existing Indefinite Delivery Indefinite Quantity (IDIQ) contract which contains a pricing schedule deemed fair and reasonable at time of award. An Independent Government Cost Estimate (IGCE) prepared by the program office to assist in determining fair and reasonable cost. 6. OTHER FACTS SUPPORTING THE JUSTIFICATION: None. 7. STATEMENT OF ACTIONS, IF ANY, TO REMOVE OR OVERCOME BARRIERS TO COMPETITION THAT LED TO THE EXCEPTION TO FAIR OPPORTUNITY BEFORE ANY SUBSEQUENT ACQUISITION FOR THE SUPPLIES OR SERVICES: At this time, it is not anticipated that future barriers can be overcome to reduce barriers to competition for this requirement. This requirement is the next step in the development work for an automated inventory tool. The work was started by Sanametrix who completed the initial development of the data collection tool. The next step in development of the tool is to pilot the use of the tool in ED and other agencies. The code used to operationalize the collection of data is unique. The operations of the code do not already exist in other formats and is not familiar to other contractors or coders. The code provided by Sanametrix has been found to meet the needs of the project and is expected to continue to meet the needs as the project grows to other agencies. However, the code was designed using NCES data for the initial test case. The expansion of the code into additional Departments and other topic areas will likely require modification of the code. Bringing on a new contractor at this point would incur increased costs and delays as the contractor becomes familiar with code they did not construct. It would also lead to inconsistencies in the coding logic as different contractors have different preferred coding structures and practices. This would likely result in a product which would be difficult to implement, difficult to modify, and less efficient as the code is applied. 8. CONTRACTING OFFICER (CO) CERTIFICATION THAT THE JUSTIFICATION IS ACCURATE AND COMPLETE TO THE BEST OF THE CO'S KNOWLEDGE AND BELIEF: I hereby recommend that this justification be approved and that the Department proceeds with the procurement and award of this requirement. I certify that this justification is complete and accurate to the best of my knowledge. Program Office Certification: This is to certify that the data supporting this justification is the responsibility of the program office personnel, including verifying the Government's minimum needs or schedule requirements or other rationale for other than full and open competition justification (pursuant to FAR 16.505(b)(2)(ii)(B)(9)) which form a basis for this justification, and that such data and rationale are accurate and complete. Contracting Officer Certification: This is to certify that the data supporting this justification is the responsibility of the program office personnel, including verifying the Government's minimum needs or schedule requirements or other rationale for other than full and open competition justification (pursuant to FAR 16.505(b)(2)(ii)(B)(9)) which form a basis for this justification, and that such data and rationale are accurate and complete. Approved: