LSJ Option extension_FOIA_ss31July2024.pdf

U.S. Customs and Border Protection Limited-Sources Justification (LSJ) - FAR 8.405-6

For orders or BPAs exceeding the Simplified Acquisition Threshold (SAT)

Date: July 31, 2024 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.

Through this Limited-Sources Justification, the U.S. Department of Homeland Security (DHS), Customs and Border Protection (CBP), Office of Acquisition proposes to issue an out-of-scope modification to task order 70B06C24F00000099 with WITS Solutions Inc., pursuant to FAR 8.405-6(a)(1)(i)(C). This modification will allow for the continued delivery of services and to prevent a break in service 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 issued a single-award task order (70B06C24F00000099) under the General Service Administration (GSA) Federal Supply Schedule Special Item Number (SIN) 541611, which covers the FOIA support services required by the PDO. This task order supports 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 is performed by:

WITS Solutions Inc.

44790 Maynard SQ STE 340 Ashburn, VA 20147-6514

The task order expires on July 31, 2024. CBP is issuing this Limited Sources Justification to extend the task order for continuing performance by adding a six-week option (August 1, 2024

– September 16, 2024. The total amount of the extension will be $597,001.41.

The modification to this task order is being requested without considering other awardees for contract number 70B06C24F00000099, and this justification shall follow the content requirements required by FAR 8.405-6(c)(2).

3. Description of Supplies/Services.

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 http://uscode.house.gov/

FOIA requesters. The contractor will utilize FOIA online – 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.

Rationale:

Limiting competition for these services is necessary to continue the current work being performed by WITS Solutions, Inc. while the Agency competes the following requirement. This short-term sole source extension to the order (August 1, 2024 - September 16, 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. A longer-term competitive action using GSA MAS (SIN 541611) will soon be released through GSA with award anticipated for September 16th, 2024. Awarding this short-term extension of the task 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.

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 while the Agency prepares a competitive action. 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 August 1, 2024.

By extending this short-term action to WITS Solutions, Inc., 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. It is in the best interest of the Government to modify the current order to allow for an extension that will allow for the continuation of work and completion of contract deliverables. As stated previously herein, this bridge shall allow for the program office and contracting office to work through the recompete process of this requirement with a planned award date later in fiscal year 2024.

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

The Contracting Officer has determined that extending the Period of Performance of the current Task Order, 70B06C24F00000099, to complete the work already underway is in the best interest of the Government. The labor rates to be offered under this extension shall be the same as those established under the current task order, which were considered fair and reasonable at the time of award. Additionally, prior to issuance of the task order modification, the ordering activity will consider the level of effort and the mix of labor proposed to perform the specific tasks to determine that the total price is fair and reasonable under a firm fixed price contract type arrangement. The contractor’s labor mix and level of effort will also be compared to the Independent Government Cost Estimate (IGCE) and their applicable labor rates.

6. A description of the market research conducted among schedule holders and the results, or a statement of the reason market research was not 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 will be competed among GSA Schedule holders.

7. Any other facts supporting the limited-sources justification. Additional facts may be stated in this section. If there are no additional facts, you must state that here.

Continuity of services for CBP is crucial at this stage as WITS Solutions, Inc. has demonstrated a clear understanding of the complexity of CBP’s current requirements and has been very efficient in supporting CBP for the several years. This contract is going through competition, and WITS Solutions, Inc. continued support will be required until a new contract is awarded in mid- September 2024.

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.

CBP is currently working through the recompete process and is issuing a competitive solicitation and task order award for subsequent services. 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.

Technical Representative

11.Contracting Officer Certification:

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.

Contracting Officer

Office of Acquisition

LSJ Approvals:

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

☐Approved ☐Disapproved

Name (Print):

CBP Competition Advocate

Signature: ________N/A___________________