3016.505-90a2ii_JEFO_RIIA-24-00021 Bridge_OGC_IA Clean signed.pdf

OPOAM 3016.505-90(a)(2)(ii) Justification for Exception to Fair Opportunity

Exceeding the SAT pursuant to FAR 16.505(b)(2)(ii)(B)

JEFO No.: FY24-00297 Rev. 6/2021 - 1 -

JEFO No.: FY24-00297

Date: 8/27/2024 PR Number: RIIA-24-00021

1. Agency and Contracting Activity. The Department of Homeland Security (DHS), Office of Procurement Operations (OPO) on behalf of the Office of Intelligence and Analysis (I&A), proposes to enter a contract on a basis other than full and open competition.

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

DHS/OPO intends to award a task/delivery order without considering other awardees pursuant to FAR 16.505(b)(2)(ii)(B)]. DHS I&A request a sole source contract for vendor to continue providing Internal Control support services from contract 70RDAD21FR0000076 while I&A leadership plans to revamp the program to support to a new division called Transparency and Oversight Program Office (TOPO). Vendor information:

Ironarch Technology, LLC 1313 Dolley Madison Blvd Suite 404 McLean, VA 221013926

This is a bridge contract request. The anticipated contract type is Firm Fixed Price (FFP).

3. A description of the supplies or services required to meet the agency’s need (including the estimated value).

This requirement is to provide I&A internal control support services as directed by ICB in meeting provisions of the CFO Act, FFMIA, FMFIA, OMB Circular A- 123, DHS FAA, and other applicable statutes. The Contractor support shall include, but not limited to, providing assistance and recommendations around internal controls assessments and corrective actions, project management, technical support, and reporting to I&A FRMD ICB.

The regular, effective evaluation of internal controls is critical to organizational health To execute its mission, I&A must have adequate funds on hand for payroll, payments to vendors, etc., while not violating the Anti Deficiency Act (obligating the government for payment when funds are not available. To ensure our capability in that area, we have asked I&A’s Senior Advisor for Compliance and Oversight (who is the former Inspector General of DHS) to conduct an evaluation of all aspects of our internal controls operation—with a particular focus on those controls in our financial branch—and deliver his recommendations for enhancing its performance prior to its transfer to TOPO at the start of fiscal year 2025. ICB's mission helps the OCFO achieve its goals and objectives as required by, but not limited to, the CFO Act, the Federal Managers’ Financial Integrity Act (FMFIA) and its implementing guidelines, the Office

JEFO No.: FY24-00297 Rev. 6/2021 - 2 -of Management and Budget (OMB) Circular A- 123, “Management’s Responsibility for Enterprise Risk Management and Internal Control” and its accompanying appendices, OMB Circular A-136, “Financial Reporting Requirements,” the Federal Financial Management Improvement Act (FFMIA); the DHS Financial Accountability Act (DHS FAA); the Improper Payments Information Act (ISDIA); the Improper Payments Elimination and Recovery Act (ISDERA); the Improper Payments Elimination and Recovery Improvement Act (ISDERIA); the Digital Accountability and Transparency Act (DATA Act); and other statutes governing financial management and internal controls.

CLIN Period of Performance Total 0001 Labor / Task 1,2,3 09/09/2024-01/08/2025 $390,586.64 0002 ODC / Travel 09/09/2024-01/08/2025 $3,332.36 0003 Surge / Task 5 09/09/2024-01/08/2025 $42,378.64 0004 Task 4 09/09/2024-01/08/2025 $70,505.87

0005 CAF 09/09/2024-01/08/2025 $1,267.06

Total $508,070.57

4. Identify the exception to fair opportunity and supporting rationale, including a demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the exception cited.

_X__FAR 16.505(b)(2)(i)(A). The agency need for the supplies or services is to ensure funding for the functions provided by the National Vetting Center and National Counter-Terrorism Center. These critical intelligence functions are so urgent that providing a fair opportunity would result in unacceptable delays.

_________FAR 16.505(b)(2)(i)(B). Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized. [The justification must demonstrate that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the exception cited].

_________FAR 16.505(b)(2)(i)(C). The order must be issue 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. [For logical follow-on, 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)]:

_________FAR 16.505(b)(2)(i)(D). It is necessary to place an order to satisfy a minimum guarantee.

_________FAR 16.505(b)(2)(i)(E). For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source.

JEFO No.: FY24-00297 Rev. 6/2021 - 3 -

Rationale:

For these requirements, Contractors must possess a comprehensive knowledge of all provisions of, to include but not limited to, the DHS FAA, FMFIA, OMB Circular A-123, Management’s Responsibility for Internal Control, and its associated Appendices, OMB Circular A-136, Financial Reporting Requirements, and GAO’s Standards for Internal Control in the Federal Government. The Contractor shall provide assistance to I&A TOPO’s ICB by assessing current internal controls efforts; assisting with identifying, documenting monitoring both financial and non-financial key controls and processes, conducting internal control assessment and recommending and/or implementing process improvements wherever appropriate by reporting requirements of the ICGB and other DHS oversight committees. Evaluate results of external assessments performed over I&A’s service providers and the impact on I&A’s control environment. Assist ICB in briefing internal control assessment conclusions to the responsible process owners and Management. The vendor is critical to ensure the annual financial Statement of Assurance (SOA) which addresses I&A’s compliance with: Internal Controls Over Financial Reporting (ICOFR); Internal Controls over Operations (ICOOP); and Corrective Actions to address any gaps. Internal Control ensure I&A does not have an ADA violations which help provide funding for the support to the National Vetting Center and National Counter-Terrorism Center. These critical intelligence functions support I&A counter-terrorism effort.

5. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The contracting officer will determine that the anticipated price will be fair and reasonable based on pricing previously paid by other U.S. government agencies.

6. Any other facts supporting the justification.

None

7. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made.

None

8. DHS intends to post this requirement on Beta.sam.gov pursuant to FAR 16.505(b)(2)(ii)(D).

Exceeding the SAT pursuant to FAR 16.505(b)(2)(ii)(B)

JEFO No.: FY24-00297 Rev. 6/2021 - 4 -

9. Technical/Requirements Personnel Certification.

Pursuant to FAR 16.505(b)(2)(ii)(B)(9), I certify that this requirement meets the Government’s minimum need and that the supporting data, which form a basis for the justification, are accurate and complete.

Darryl Wilkerson Technical Representative/COR

Date

10. Contracting Officer Certification and Approval * Pursuant to FAR 16.505(b)(2)(ii)(B)(8), I certify that this justification is accurate and complete to the best of my knowledge and belief.

Date

Tiana E. Chandler Contracting Officer