OPP logo

From FAR 13.106-1(b)
(b) Soliciting from a single source.
(1) For purchases not exceeding the simplified acquisition threshold.
(i) Contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).
(ii) Where a single source is identified to provide a portion of a purchase because that portion of the purchase specifies a particular brand-name item, the documentation in paragraph (b)(1)(i) of this section only applies to the portion of the purchase requiring the brand-name item. The documentation should state it is covering only the portion of the acquisition which is brand-name.
1.1.1        Excerpts from 6.302 -- Circumstances Permitting Other Than Full and Open Competition.
 (a) Authority.
(1) Citations: 10 U.S.C. 2304(c)(1) or 41 U.S.C. 3304(a)(1).
(2) When the supplies or services required by the agency are available from only one responsible source, or, for DoD, NASA, and the Coast Guard, from only one or a limited number of responsible sources, and no other type of supplies or services will satisfy agency requirements, full and open competition need not be provided for.
(i) Supplies or services may be considered to be available from only one source if the source has submitted an unsolicited research proposal that --
(A) Demonstrates a unique and innovative concept (see definition at 2.101), or, demonstrates a unique capability of the source to provide the particular research services proposed;
(B) Offers a concept or services not otherwise available to the Government; and,
(C) Does not resemble the substance of a pending competitive acquisition. (See 10 U.S.C. 2304(d)(1)(A) and 41 U.S.C. 3304(b)(1).)
(ii) Supplies may be deemed to be available only from the original source in the case of a follow-on contract for the continued development or production of a major system or highly specialized equipment, including major components thereof, when it is likely that award to any other source would result in --
(A) Substantial duplication of cost to the Government that is not expected to be recovered through competition, or
(B) Unacceptable delays in fulfilling the agency’s requirements. (See 10 U.S.C. 3304 (b)(2)) or 41 U.S.C. 253 (d)(1)(B).)
(iii) For DoD, NASA, and the Coast Guard, services may be deemed to be available only from the original source in the case of follow-on contracts for the continued provision of highly specialized services when it is likely that award to any other source would result in--
(A) Substantial duplication of cost to the Government that is not expected to be recovered through competition, or
(B) Unacceptable delays in fulfilling the agency’s requirements. (See 10 U.S.C. 2304(d)(1)(B).)
(a) Each justification shall contain sufficient facts and rationale to justify the use of the specific authority cited.
b) As a minimum, each justification, except those for sole-source 8(a) contracts over $22 million (see paragraph (d) of this section), shall include the following information:
(1) Identification of the agency and the contracting activity, and specific identification of the document as a “Justification for other than full and open competition.”
(2) Nature and/or description of the action being approved.
(3) A description of the supplies or services required to meet the agency’s needs (including the estimated value).
(4) An identification of the statutory authority permitting other than full and open competition.
(5) A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.
(6) A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Subpart 5.2and, if not, which exception under 5.202 applies.
(7) A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.
(8) A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.
(9) Any other facts supporting the use of other than full and open competition, such as:
(i) Explanation of why technical data packages, specifications, engineering descriptions, statements of work, or purchase descriptions suitable for full and open competition have not been developed or are not available.
(ii) When 6.302-1 is cited for follow-on acquisitions as described in 6.302-1(a)(2)(ii), an estimate of the cost to the Government that would be duplicated and how the estimate was derived.
(iii) When 6.302-2 is cited, data, estimated cost, or other rationale as to the extent and nature of the harm to the Government.
(10) A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.
(11) A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.
(12) Contracting officer certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief.
(c) Each justification shall include evidence that any supporting data that is the responsibility of technical or requirements personnel (e.g., verifying the Government’s minimum needs or schedule requirements or other rationale for other than full and open competition) and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel.
For additional information, see:
http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/13.htm#P434_63348
http://www.acq.osd.mil/dpap/ccap/cc/jcchb/HTML/Topical/sole_source.html
 

"EXCEPTIONAL"

CPARS 

RATINGS

"The quality of work provided by OPP has been consistently excellent and has routinely exceeded the expectations of the program office." 

- FEMA Building Science Representative


"The on-site manager is great, ensures all aspects of the contract are followed and delivers outstanding products."

- U.S. Army Corps of Engineers Representative


"The contractor (OPP) always looks for ways to streamline the process of running the call center, thus increasing the efficiency and keeping the cost constant from year to year."

 - EPA Representative on OPP's service with the National Safe Drinking Water Hotline


"Contract staff (OPP) worked efficiently and effectively, needing minimum directions. All work was completed on time, but actually early. All work delivered was exceptional quality."

- FIMA Mitigation Branch Representative

"EXCEPTIONAL"

CPARS 

RATINGS

Contract with OPP via Sole Source

OPP CPARS ratings graph showing our numerous 'exceptional' ratings

Can I order BOOST products under a sole source contract?

YES!  The Federal Acquisition Regulations (FAR) justifies the sole source procurement of BOOSTSM products under the Women-Owned Small Business sole source authority. They are priced below the Simplified Acquisition Threshold and can stand alone or be included as part of a larger project. Our team can assist you with sole source justification.

On September 14, 2015, the Small Business Administration published a final rule to implement section 825 of the National Defense Authorization Act for Fiscal Year 2015 allowing sole source awards to Women-Owned Small Businesses (WOSBs) or Economically Disadvantaged Women-Owned Small Businesses (EDWOSBs) in industries where women-owned small businesses have historically been under-represented.

 

OPP is an Economically-Disadvantaged Woman-Owned Small Business and the  BOOSTSM service products fall under a WOSB under-represented NAICS code (§ 127.501)


OPP is a responsible contractor – OPP is rated “exceptional” in over 90% of our Contractor Performance Assessment Rating System (CPARS) assessments.  Our GSA Schedules have been audited twice and both times received an “exceptional” rating.

OPP has trade-marked our service packages which involve a combination of commercial tools and proprietary processes.  There are no other firms that provide this unique combination of services.  There is no reasonable expectation that two or more EDWOSBs would submit credible offers for these services packages or that another bidder could provide services of comparable quality and value because the tools included are provided at no additional charge—a five figure savings right there.

The anticipated award price of the BOOSTSM products are under the simplified acquisition threshold and, even with follow-on options, the total contract would not exceed the $4,000,000 maximum ceiling for sole source;
The BOOSTSM price is fair and reasonable.  In fact, when the value of the subscription tools that are included at no charge is factored in, the price is below market and represents an excellent value for the money.