23Q0025 - JOFOC for FO Task Order (HelpDesk) (Final).pdf

JUSTIFICATION AND APPROVAL FOR OTHER-THAN FULL-AND-OPEN COMPETITION

11 CONSUMER FINANCIAL PROTECTION BUREAU (CFPB), 1700 G STREET, NW WASHINGTON, DC 20552

LIMITED SOURCES JUSTIFICATION

LOGICAL FOLLOW-ON TASK ORDER TO

CFP-17-K-00016

1.0 Agency Name:

Consumer Financial Protection Bureau (CFPB), Office of Technology and Innovation (T&I).

2.0 Nature and/or description of the action being approved and estimated dollar value:

The proposed action is for the issuance of a logical follow-on Task Order to current Task Order CFP-17-K-000016, awarded to Focused Management Incorporated (FMI), to continue mission critical Information Technology (IT) Service Desk Support Services. The total estimated dollar value of this logical follow-on Task Order is $3,615,374.40 over a potential six (6) month period of performance.

3.0 Reason for other-than full-and-open competition (proposed contractor’s unique quals, etc.):

This acquisition is conducted under the authority of the Multiple-Award Schedule Program. 8.405-6(a)(1)(i)(C) permits you to place orders for new work using limited sources in the interest of economy and efficiency as “a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures.” In this instance, it would be in the best interest of the Government to do so. The original order was not previously issued under sole-source or limited-sources procedures. The contemplated order would represent the best value to the Government, consistent with Federal Acquisition Regulation (FAR) 8.404(d). In terms of economy and efficiency, further solicitation of this work would (1) present substantial duplication of increased costs that would not be expected to be recovered through competition, and (2) pose a risk to the Bureau’s day-to-day operations, creating unacceptable delays in fulfilling the requirements of the CFPB.

The Service Desk provides critical IT help desk support for the entire Bureau, and these services cannot lapse or expire. The current work requirement is for a long-term (up to 66 months duration) contract, which is currently being competitively procured and will not be awarded in time to account for the required sixty- day transition, continuity of services and support of the Bureau’s high initiative projects like CFPBNext and the laptop refresh effort which are currently underway and affect all staff at the Bureau.

The proposed action is for the issuance of a sole-source logical follow-on Task Order to Task Order CFP-17-K-00016 for Technical Support Service Desk Support Services, which will expire on 01/31/2023. This logical follow-on Task Order is comprised of three critical task areas: Service Desk Support, Asset and Inventory Management, and Special Projects.

These support tasks are critical to providing end-user support, including installation and

22 CONSUMER FINANCIAL PROTECTION BUREAU (CFPB), 1700 G STREET, NW WASHINGTON, DC 20552 operation and maintenance (O&M) of hardware and software to ensure CFPB users have the resources to perform their jobs efficiently and effectively.

The Service Desk serves as the Bureau’s single source for initiating and resolving all incidents, problems, and service requests across the wide range of IT products and services at the Bureau. In addition to break/fix and O&M functions, the current contractor is in the middle of supporting two (2) major efforts: the CFPB Next Workplace and a laptop refresh effort. Both initiatives impact the entire workforce at CFPB and require complex planning and support.

The services currently provided by FMI are critical to the Bureau’s ability to operate, and without the logical follow-on Task Order in place during this critical timeframe, the Bureau would experience a break in support service and would not be able to sustain operations.

This poses a crucial risk to all Bureau users and would result in unacceptable delays in meeting the Bureau’s core operational needs.

This logical follow-on contract is structured for a Base Period of two (2) months and four

(4) one (1) month Option Periods. This logical follow-on Task Order has been designed to allow the CFPB to sustain operations and transition the critical support functions of the Service Desk to a new vendor (if necessary), all while maintaining operations and supporting the high-priority initiatives that are underway.

For the reasons detailed above, a logical follow-on Task Order is in the best interest of the Government.

4.0 A description of the market research conducted and the results, or a statement of the reason market research was not conducted:

Market research was not conducted for this follow-on Task Order. Market research has been conducted during the acquisition planning process for an ongoing competition for these services long-term. This procurement shall encompass all activities and services currently provided by the Contractor. This new follow-on Task Order will also include a transition period (if required), to allow for a transition to a new contractor (if required), in order to prevent a lapse in service.

5.0 A description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was, or will be, publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies. Include a listing of sources, if any, that expressed a written interest in the acquisition as a result of the FBO posting:

CFPB has utilized the GSA Schedule to solicit offers for the upcoming long-term Task Order currently being competed. This intent to issue a logical follow-on Task Order shall be publicized in accordance with FAR 5.201(b)(1)(i).

6.0 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:

33 CONSUMER FINANCIAL PROTECTION BUREAU (CFPB), 1700 G STREET, NW WASHINGTON, DC 20552

Currently there is a competitive acquisition underway for these services.

7.0 A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable:

The Contracting Officer anticipates that the labor categories and pricing will be consistent with the current (expiring) Task Order, and will be equal to or less than the Contractor’s GSA Schedule labor rates, which have already been determined “fair and reasonable” by GSA. At the time of the original award, the Contractor’s pricing was deemed to be fair and reasonable based on competition, data related to prices (such as market research, comparison of the proposed price with prices found reasonable or previous purchase, and comparison to the Independent Government Estimate). The Contracting Officer will conduct such an analysis prior to the award of this logical follow-on Task Order to ensure that the quoted prices (labor rates), and the resulting cost to the Government, are fair and reasonable.

Program Office Certification (Requiring Activity).

I hereby certify that any supporting information and data provided (e.g., the Government’s minimum needs or requirements, or other rationale for the limited sources) and which form the basis for this justification for an exception to fair opportunity, are accurate and complete to the best of my knowledge and belief.

Timothy Yehle Date Contracting Officer Representative (COR)

Contracting Officer Certification and Approval

I hereby determine the circumstances of this acquisition support the justification to acquire these supplies or services on a limited source basis. I also certify this limited-sources justification is accurate and complete to the best of my knowledge and belief. Therefore, unless additional approvals are required as prescribed below, as the authorized contracting officer for this acquisition, I hereby approve the processing of this requirement on a limited-source basis.

Peggy J. Wright Date Contracting Officer

Advocate for Competition

I have reviewed this limited-sources justification and find it to be accurate and complete to the best of my knowledge and belief. Therefore, unless additional approvals are required as prescribed

TIMOTHY YEHLE Digitally signed by TIMOTHY YEHLE Date: 2023.01.12 08:56:36 -05'00'

Digitally signed by Peggy J.

Wright Date: 2023.01.12 10:31:34 -05'00'

44 CONSUMER FINANCIAL PROTECTION BUREAU (CFPB), 1700 G STREET, NW WASHINGTON, DC 20552 below, as the ordering activity’s Advocate for competition, I hereby approve this limited-sources justification.

Caroline Coleman Date Competition Advocate

1-12-2023