JEFO_OFAC_FBO.pdf

8/2013 Prescribed by FAR 16.505 (b) (2)

DEPARTMENT OF THE TREASURY

INTERNAL REVENUE SERVICE

MULTIPLE DELIVERYITASK ORDER CONTRACTS

JUSTIFICATION FOR AN EXCEPTION TO FAIR. OPPORTUNITY (JEFO)

I recommend that the U.S. DEPARTMENT OF THE TREASURY use limited awardees for the acquisition of the following supplies or services available under an indefinite-delivery contract. If this acquisition is to be made with only one awardee or a limited number of awardees, negotiations will be conducted with the indicated proposed supplier(s) in accordance with FAR 16.505 (b)(2){iiHB):

1. DESCRIPTION OF SUPPLIES OR SERVICES

This task order is issued under the U.S. Department of Treasury, Application Support Services Contract (ASSC), TOS11 D0001, for support of the Office of Foreign Assets Control (OFAC) with Information Technology Services including the following core areas: enterprise architecture design adherence, systems and database design, software development, and integration services.

OFAC's OASIS system is the home system for a suite of line of business applications. The driver (input that spawns the respective OFAC business processes) are documents. These documents come to OFAC in many forms (Paper mail, email, fax, Notes from a Phone conversation, etc.. ). OFAC has leveraged 3rd party scanning product Kofax to handle the scanning of its incoming paper records, but that is just one facet of its overall document ingestion process. OFAC commissioned a contractor to do an analysis of the universe of OFAC Business Process inputs, associated Records/Document Management requirements, and to provide recommendations on how to improve the user experience when processing these inputs into the existing OFAC OASIS system. The constraints considered in the document were that any recommendations had to adhere to OFAC's overall Service Oriented Enterprise Architecture, integrate with Treasury ECM platform/functionalities, and provide a sustainable and maintainable documented process that conforms to OFAC's Records Management NARA based requirements.

The OFAC's FIOA module has been greatly improved through a couple of major upgrades (FIOA template generation and FIOA redesign). Because of the business needs, OFAC needs several additional features in the Global Search and Notification areas as well as several functionalities listed in the task section. Upon the completion of these tasks, the OFAC's FIOA module will suit the business needs and greatly improve the FIOA business process.

Period of performance: 9/30/2013-9/29/2014

2. REQUISITION NO.

13PR-CI0-0076

4. NAME(S) OF PROPOSED SOURCE(S)

CyberData Technologies, Inc.

3. COST ESTIMATE 455 Springpark Place, Suite 3000 Herndon, VA 20170

REQUESTING OFFICE CERTIFICATION

I certify that the attached justification is accurate, and contains complete data necessary to support the recommendation for onl one or limited awardees 'ustification and a roval.

5. REQUESTING OFFICE (Signature) (Phone No.) (Date) REPRESENTATIVE (Name & Title) 9/26/2013

SMALL BUSINESS CERTIFICATION

I have reviewed the awardee list to locate small businesses for this rocurement. If an were found, a list is attached.

(Phone No.)

(Date)

6. SMALL BUSINESS (Signature)

SPECIALIST

(Name and Title)

PROCUREMENT OFFICE CERTIFICATION

I certify that this submission is accurate, and that it contains complete information necessary to enable Approving Officials to make an informed recommendation for approval or disapproval.

7. ASSIGNED CONTRACTING (Signature) (Phone No.) (Date) OFFICER (Name)

9/26/13

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Before requesting this procurement, state one statutory authority for this procurement to be conducted under "exception to fair opportunity" procedures. Provide narrative justification associated with the respective stated authority in block number 13.

STATUTORY AUTHORITY EXCEPTIONS FAR 16.505 b 2 i lace an "X" in a ro riate box and com lete the rest of the form

8. FAR 16.505 (b) (2) (i) (A) - Need is so urgent that providing fair opportunity would result in unacceptable delays.

This authority applies in those situations where (1) an urgent need precludes fair opportunity, and (2) delay in award of a delivery or task order would result in serious injury, financial or other, to the Government. (Explain why the agency's need for the supplies or services is so urgent that the Government would be seriously injured unless it limited the number of awardees. Solicitation from as many potential awardees as is practicable under the circumstances is re uired .

9. FAR 16.505 (b) (2) (i) (B) - Only one awardee is capable of providing the supplies/services required at the level of quality required because they are unique or highly specialized; or brand name specification.

Explain what makes this awardee the only responsible source Le., Does this proposed contractor have facilities or equipment that are specialized and vital to the effort? Is the proposed contractor the only one that can meet critical schedules? Does the proposed contractor have prior experience of a highly specialized nature vital to the effort? Does the contractor have an exclusive licensing agreement? Why won't any other product or service satisfy the need? What are the unique features of the product that are unavailable in any other brand or products?

Why was this particular product and/or vendor chosen? Are these features available in other models? Describe the rationale for the brand name specification. Describe the market survey and analysis efforts leading to this conclusion. In addition, for brand name, indicate that "the use of such description in the acquisition is essential to the Government's requirements, thereby precluding consideration of a product manufactured by another com an ."

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10. FAR 16.505 (b) (2) (i) (C) - 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.

Explain why the work is a logical follow-on and provide information on the original fair opportunity for the first order.

The rationale shall describe why the relationship between the initial order and the follow-on is logical (e.g., in terms of scope, period of performance, or value).

11. FAR 16.505 (b) (2) (i) (0) -It is necessary to place an order to satisfy a minimum guarantee.

This authority applies when it is necessary to award the delivery/task order to a particular awardee or awardees in order to satisfy the minimum contractual guarantee.

12. FAR 16.505 (b) (2) (i) (E) - A statute expressly authorizes or requires that the purchase be made from a specified source (for orders exceeding the SAT).

This authority may be used when a statute expressly authorizes or requires that the acquisition be made through another agency or from a specified source. (Cite the authority that expressly authorizes that the acquisition be made through another agency or from a specified source, and attach a copy of the statute). Note: While this statutory exception includes the small disadvantaged business 8(a) set-aside program, a .IEFO is not required for this type of procurement unless the amount exceeds $20 million.

13.JUSTIFICATION (ADD PAGES IF NEEDED)

A. DEMONSTRATION THAT THE PROPOSED CONTRACTOR'S UNIQUE QUALIFICATIONS OR THE NATURE OF

THE ACQUISITION REQUIRES USE OF THE AUTHORITY CITED.

Application Support Services Contract orders are placed against existing multi-award 1010 contracts.

This task order is a logical follow-on to be completed by CyberOata-IOL, which was competitively awarded the initial O&M task (SubCLIN 002-1). This requirement is integrally related to SubCLIN 002 1 Application Support Services.

CyberOata has developed and is supporting applications within the OASIS system, which is supported via SubCLIN 002-1. As a result, Cyberdata performs regular O&M activities throughout each fiscal year to meet the constantly evolving requirements of the OASIS portfolio of applications.

CyberOata-IOL has implemented the scanning infrastructure (Kofax) that serves as the backbone for this task and completed a study of OFAC's document ingestion business processes that makes them intimately familiar with OFAC's requirements for this task.

Introducing a new vendor at this stage of the project would represent a major risk to implementation of the required OASIS updates and cause OASIS applications to not collect or validate data properly and/or to not report accurate information. Such an outcome would clearly have a negative impact on the integrity of Treasury's FIOA reporting.

B. DESCRIBE THE EFFORTS TAKEN TO ENSURE OFFERS WERE SOLICITED FROM ALL MULTIPLE-AWARD CONTRACTORS, INCLUDING WHETHER A FAIR NOTICE OF INTENT TO MAKE A PURCHASE (WITH CLEAR DESCRIPTION OF SUPPLIES/SERVICES AND THE BASIS UPON WHICH THE SELECTION WILL BE MADE) WASIWILL BE PUBLISHED ON THE AGENCY'S WEB PAGE FOR ALL AWARDEES TO SEE AS REQUIRED BY FAR 16.505(b)(1)(iii)(B)(1). STATE "ALL CONTRACTORS RESPONDING TO THE NOTICE OF FAIR

OPPORTUNITY CAN SUBMIT AN OFFER AND HAVE THAT OFFER FAIRLY CONSIDERED."

A notice of intent with supporting documentation will be posted online.

C. DEMONSTRATION THAT THE ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE.

The Contracting Officer will determine the prices to be fair and reasonable based on applicable price analysis techniques

D. DESCRIBE THE MARKET RESEARCH CONDUCTED AMONG ALL AWARDEES AND THE RESULTS OF THE

RESEARCH (E.G., HISTORICAL ORDERING INFORMATION, LIST AWARDEES THAT EXPRESSED AN

INTEREST IN WRITING IN THE ORDER AND THE RESULTS OF THAT INTEREST).

Independent market research was not conducted for this task order because CyberData is the only source capable of completing the required services within the project schedule and maintaining the necessary program continuity. Based on the justification provided above, it is not feasible to introduce in another contractor to perform this work as this is integrally related to a competitive SubCLIN that was awarded to Cyberdata.

E. DESCRIBE ANY OTHER FACTS TO SUPPORT THE JUSTIFICATION.

Not applicable

F. LIST THE ACTIONS, IF ANY, THAT THE BUREAU WILL TAKE TO REMOVE OR OVERCOME ANY BARRIERS THAT LED TO THE EXCEPTION TO FAIR OPPORTUNITY BEFORE ANY SUBSEQUENT ACQUISITIONS FOR

SIMILAR SUPPLIES OR SERVICES.

The Government will compete all other task orders that are not integrally related to subCLIN 002-1.

Application Development. web services and other task areas that are not integrally related will be competed among all the ASSC 10110 contractors.

G. STATEMENT THAT REQUIREMENT DOES NOT RESULT FROM A LACK OF PLANNING OR THE EXPIRATION

OF FUNDS.

This requirement is not the result of lack of planning or the expiration of funds.