M -- Performance Decision A 76 Standard Competition of Personal Property Management Branch PSC HHS

SUBJECT: PERFORMANCE DECISION OF A STANDARD COMPETITION STUDY UNDER OMB CIRCULAR A-76, DATED MAY 29, 2003, DEPARTMENT OF HEALTH AND HUMAN SERVICES, PROGRAM SUPPORT CENTER In accordance with the procedures specified in OMB Circular A-76 (Attachment B, B.1), dated May 29, 2003, public notification was made on October 1, 2003, to announce the standard competition study on the property management specialist commercial functions at the DHHS/PSC/AOS/DPM Personal Property Management Branch (PPMB), located in Gaithersburg, Maryland. The scope of the study included 17 incumbent government FTEs and 18 contract support FTEs. In response to the standard competition solicitation of the PPMB, the Agency Tender was the only offer received by the Contracting Officer. Since no private sector or public reimbursable source offers were received, the Contracting Officer, in accordance with Attachment B, Paragraph D.4.d, of OMB Circular A-76, documented the reasons provided by potential sources for not submitting any responses and recommended in writing to the Competitive Sourcing Official (CSO), that the Agency Tender should be implemented. Based on the Contracting Officer’s documented recommendation, the CSO proceeded to authorize the implementation of the Agency Tender. Therefore, under this formal notification, the responsible Contracting Officer announces the performance decision to retain the property management specialist functions in-house and implement the Agency Tender. Under a standard competition, only a directly interested party may file a contest under the procedures of FAR Subpart 33.103. Specific to this standard competition, in that no offers were received from any private sector or public reimbursable source, a directly interested party consists of only the Agency Tender Official and an individual appointed by a majority of directly affected employees as their agent. Until the resolution of any contest under Attachment B, Paragraph F.1, of OMB Circular A-76, or expiration of the time for filing a contest, only legal agents for directly interested parties shall have access to the certified Standard Competition Form (SCF) and Agency Tender, including the documentation of no satisfactory private sector source. The agency shall require any legal agent of a directly interested party to sign a non-disclosure agreement. The agreement shall provide that a signatory may share the information covered by the agreement only with other signatories, and only for purposes of challenging the performance decision. Upon resolution of a contest challenging a performance decision or expiration of the time for filing such a contest, the certified SCF, Agency Tender and documentation of no satisfactory private sector source shall be available to the public, upon request. Proprietary information of private sector providers of subcontracts included in the Agency Tender shall not be released. In accordance with this performance decision the Contracting Officer shall cancel the solicitation under RFP 05X800200 and shall establish an MEO Letter of Obligation with the official responsible for performance of the MEO.