1.5.1- LSJ_PR 20143043_WITS Solutions Inc. FOIA services_sc_ss_CA Sign.pdf

Attachment 4 U.S. Customs and Border Protection

Limited-Sources Justification (LSJ) - FAR 8.405-6 For orders or BPAs exceeding the Simplified Acquisition Threshold (SAT)

Version 2.0 November 2020

Date: December 29, 2023 PR Number: 20143043

This acquisition is conducted under the authority of the Multiple-Award Schedule Program, 41 U.S.C.

152(3), Competitive Procedures, and 40 U.S.C. 501, Services for Executive Agencies.

1. Agency and Contracting Activity.

Pursuant to FAR 8.405-6, Limiting Sources, the Department of Homeland Security (DHS), Customs and Border Protection, Office of the Commissioner (OC), proposes to award a short-term task order for CBP’s Privacy and Diversity Office (PDO) for contractor support to process Freedom of Information Act (FOIA) and Privacy Act requests.

2. Nature and/or description of the action being approved.

CBP intends to limit the number of sources solicited pursuant to FAR Part 8.405-6 for the procurement of services to support PDO leadership with FOIA litigation cases, and FOIA and Privacy Act requests that require triaging, assigning, and working with CBP component offices to review, redact and release responsive records to the requester, and provide litigation support to the Office of Chief Counsel (OCC). The task order to be awarded shall be performed by:

WITS Solutions Inc.

44790 Maynard SQ STE 340 Ashburn, VA 20147-6514

Period of Performance:

Base: January 07, 2024 - March 31, 2024 (58 business days)

IGCE (Base Period): $1,119,377.64

Four additional Optional Periods (FAR 52.217-9) are included, as follows:

Option Period 1: April 1, 2024 – April 30, 2024 (21 business days) = $405,291.81 Option Period 2: May 1, 2024 – May 31, 2024 (21 business days) = $405,291.81 Option Period 3: June 1, 2024 – June 30, 2024 (19 business days) = $ 366,692.59 Option Period 4: July 1, 2024 – July 31, 2024 (21 business days) = $405,291.81

Optional Periods Total = $1,582,568.02

Total Estimated Value (Base and 4 Options) = $2,701,945.66

3. Description of Supplies/Services.

http://uscode.house.gov/

The FOIA office requires contract support to address the surge in all types of FOIA requests received – “simple” and “complex”, as well as to process records for requests that are in litigation or backlogged. The work requires evaluating and processing CBP records in response to FOIA requests, applying appropriate FOIA exemptions, and preparing documents for final release to FOIA requesters. The contractor will utilize FOIAonline – CBP’s official FOIA tracking system, as well as appropriate software programs, while performing these functions.

The Project Manager (PM) will provide weekly progress reports to the Contracting Officer’s Representative (COR) summarizing output. As a subset to this scope of work, the OCC requires contractor litigation support to address document production requirements like the FOIA requirements outlined herein.

The Privacy office requires contract support to address the surge in ad hoc information disclosure requests from law enforcement and prosecutorial entities. The work requires evaluating and processing records in response to ad hoc information disclosure requests; applying appropriate Privacy Act System of Records Notice (SORN) requirements; preparing authorization memoranda for appropriate use of the data once disclosed; receiving, reviewing, and adjudicating ad-hoc requests in accordance with CBP policy, as well as applicable laws and SORNs; and drafting and sending authorization letters to pertinent CBP offices so that records can be released to requesters. The PM will provide weekly progress reports to the COR summarizing requests received and requests completed. The Privacy Office also requires contract support to assist in the administrative management and tracking of privacy inputs related to Government Accountability Office (GAO) and DHS Office of the Inspector General (OIG) audits.

4. Authority and supporting rationale.

• FAR 8.405-6(a)(1)(i)(B), only one source can provide the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized.

Limiting competition for these services is necessary to continue the current work being performed by WITS Solutions, Inc. under expiring 8(a) direct contract 70B06C23C00000012.

This short-term sole source action (January 07, 2024 - March 31, 2024) will be conducted using GSA Multiple Award Schedule SIN 541611, Management and Financial Consulting, Acquisition and Grants Management Support, and Business Program and Project Management Services (WITS Solutions Inc. GSA Schedule # 47QRAA19D003H). This is necessary because of the potential unacceptable loss of the ability to complete the mission and create huge backlogs, and potential mission failure if this short-term action was competed. The current contract is expiring January 6th, 2024, and a longer-term competitive action using GSA MAS (SIN 541611) is currently under pre-solicitation review. Awarding this short-term order to WITS Solutions will ensure that both CBP and the GSA MAS contractor community are afforded sufficient time to engage in a fair competitive procurement process for the long-term upcoming order.

The contractor that is currently providing these services to CBP, WITS Solutions Inc., is the only contractor that possesses the immediate capability, a comprehensive understanding of the requirements, working relationships with PDO’s key stakeholders, and the resources required to ensure that this high-volume project is successful. WITS Solutions Inc. has CBP background-cleared skilled personnel in place to provide these services without any transition. This task order is identical to the activities already required under the current SOW and is critical to continued mission success. Another contractor could not meet the immediate need with background-cleared personnel who have the capability and expertise to perform these services.

In addition, another contractor would result in significant duplication of efforts given the nature of this requirement. The GSA MAS contracts are established in accordance with the procedures of FAR Subpart 8.4 and are issued using full and open competition. Therefore, when placing orders under the GSA MAS contracts, agencies are not required to seek further competition, synopsize the requirement, or make a separate determination of fair and reasonable pricing.

WITS Solutions, Inc. holds a GSA MAS contract under Special Item Number (SIN) 541611, which covers the FOIA support services required by the PDO. Since they are the incumbent contractor, having performed satisfactorily under the current contract, WITS possesses the unique and specialized knowledge, experience, and technical expertise required to perform the services without disruption or degradation of performance. No other contractor can provide the same level of service and quality within the required time frame without significant risk of failure or delay. CBP background investigations (BI) timeframe must be a consideration for onboarding any contractor position. CBP is a law enforcement agency and requires tier 4 BIs while most other agencies require tier 2 or 3; on average, to receive an interim clearance alone takes over a month. Full clearance generally takes several months. No other contractor could provide over 20 contractors with full CBP BI clearances to begin on January 7th, 2024.

Additionally, there has been higher-level focus on the CBP FOIA workload and backlog recently, and as a result, CBP is in the process of conducting an external third-party FOIA assessment. The enhanced focus on FOIA processes has increased the complexity of the required services and resulted in the need for a more thorough and extended review of the scope to ensure all requirements are captured and accurate. This external review will take several months to complete. By awarding this short-term action to WITS Solutions, both CBP and the GSA MAS contractor community will have enough time to participate in a fair and open competition for the next long-term contract. Therefore, WITS Solutions, Inc. is the only contractor that can currently satisfy the agency's needs under the GSA MAS contract. As such, awarding to a different contractor would result in undue delay, increased costs and resources, and heightened risks that could jeopardize the program and CBP.

5. Determination by the ordering activity contracting officer that the anticipated order represents the best value consistent with FAR 8.404(d).

The proposed task order to WITS Solutions, Inc, represents the best value and will result in the lowest overall cost, considering price and administrative costs, to meet the Government’s needs.

The General Services Administration (GSA) has already negotiated fair and reasonable prices at the FSS level. Additionally, prior to issuance of the short-term order, the ordering activity will consider the level of effort and the mix of labor proposed to perform the specific tasks being ordered to determine whether the total price is reasonable. The contractor’s labor mix and level of effort will also be compared to the Independent Government Cost Estimate (IGCE). The expected labor rates will be at or below the current approved GSA MAS rates.

6. A description of the market research conducted among schedule holders and the results, or a statement of the reason market research was conducted.

The contracting officer conducted market research to identify potential sources that can provide the FOIA support services for the PDO. The market research included, but was not limited to, reviewing the GSA eLibrary, and searching the System for Award Management. The market research revealed that there are no other sources that can provide the support services within the required time frame and with the same level of service and quality as WITS Solutions Inc.

However, market research for the follow-on requirement has indicated that there are companies that can meet the requirement. The follow-on requirement is being competed among GSA Schedule holders.

7. Any other facts supporting the limited-sources justification.

Limiting Sources pursuant to FAR subpart 8.405-6 is necessary to avoid a lapse in service and to ensure the continuity and quality of the FOIA support services for the PDO. The interim task order is intended to be a short-term solution until a follow-on competitive contract can be awarded in FY24. Given the nature of the information that is collected, processed, and handled under this requirement for professional services, background clearances and privacy training required of a contractor as a prerequisite to performing these services on behalf of CBP, there is no other contractor that can perform this immediate requirement to meet CBP’s needs. The contracting officer has initiated the acquisition planning and solicitation process for the follow-on contract and expects to award it within 6 months. The follow-on contract will be competed under GSA MAS 541611 and set aside for small disadvantaged businesses under the 8(a) program, in accordance with the agency's goals and the SBA's regulations. The contracting officer will monitor the progress of the follow-on contract and will exercise any option periods of the bridge contract only if necessary.

8. A statement of actions, if any, the agency may take to remove or overcome any barriers that led to restricted consideration (i.e., limited-sources) before any subsequent acquisition for the supplies or services is made.

This contract action is an interim measure to ensure continuity of mission-critical services. This will allow the Government to seek competition in future acquisitions for the same type of support, thus eliminating the barriers to competition.

9. CBP intends to post this requirement on SAM.gov pursuant to FAR 8.405-6(a)(2)(i).

10. Technical/Requirements Personnel Certification:

Pursuant to FAR 8.405-6(c)(2)(x), I certify that this requirement meets the Government’s minimum need and that the supporting data, which form a basis for the Limited-Sources Justification, are accurate and complete.

Susan Calongne Date Technical Representative/COR

11. Contracting Officer Certification and/or Approval: *

Pursuant to FAR 8.405-6(c)(2)(ix), I certify that the Limited-Sources Justification is accurate and to the best of my knowledge and belief.

Shaun G. Saad Date Contracting Officer

*Note: In accordance with FAR 8.405-6(d)(1) for proposed BPAs or orders with an estimated value exceeding the simplified acquisition threshold, but not exceeding $750,000, the ordering activity contracting officer’s certification that the justification is accurate and complete to the best of the ordering activity contracting officer’s knowledge and belief will serve as approval.

► LSJ Approvals:

12. COMPETITION ADVOCATE (Per FAR 8.405-6(d)(2) - Exceeding $750,000)

Approved Disapproved

Name (Print): _Dyad Searcy_______

Competition Advocate

Signature: ___________________________ Date: _____________

FABE0ET

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