OASIS_SOLE_SOURCE_TASK_ORDER_J&A_-_FBO_REDACTED.pdf

Justification for Exception to Fair Opportunity

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Date: February 21, 2019__ PR Number: 20109725____________________

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), CBP, Office of Acquisition, Administration and Facilities Contracting Division proposes to award an order pursuant to FAR 16.505(b)(2)(ii)(B), justification for exception to fair opportunity.

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

CBP intends to award a sole source task order without considering other awardees pursuant to FAR 16.505(b)(2)(ii)(B) for the procurement of program management, project management, environmental, energy, and professional support services to Miracle

Systems, LLC: 1621 North Kent Street, Suite 1000, Arlington, Virginia 22209.

3. Description of Supplies/Services.

Miracle Systems provides planning, execution, program/project management, energy, and environmental professional services that are mission critical to the Office of Facilities and

Asset Management (OFAM) in the following areas:

Program and Project Management Support

Strategic Planning Support

Strategic Communications Support

Planning, Programming, Budgeting and Execution Support.

Coaching

Energy and Water Resource Management, Sustainability and Resilience Services

Support

Environmental Planning and Compliance Services Support

Environmental and Energy Data Management Support.

The agency must sole source a short-term contract to Miracle Systems to continue providing unique and mission-critical program management, project management, environmental, energy, and professional support services tailored to OFAM and not available to the Agency through current staffing until the contract can be recompeted.

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Period Months Total Contract Type

Base Period

(3/1/19 – 8/31/19)

6 $1,381,794 Firm-Fixed-Price

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.

_________FAR 16.505(b)(2)(i)(A). The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

Miracle Systems, along with its subcontractor Logistics Management Institute (LMI), provides OFAM with service support to critical and excepted programs. As such, a contractor with Mircale is required to maintain critical functions while the agency completes the competitive source selection process, respond to any protest actions (if necessary), and award a new contract.

The members of the Miracle/LMI team have the requistite knowledge, experience a unique mix of subject matter expertise in energy, environmental, budgeting and program managemen. The Miracle/LMI team have been supporting OFAM program offices for several years and have the ability to maintain current support levels during the re-compete process. All of the the contractor employees have an active adjudicated CBP

Background Investigation (BI) clearances -- a requirement for support to ensure the continuity of work.

An award will be made in the interest of an urgent need for mission critical services, and economy and efficiency as a follow-on to an original One Acquisition Solution for

Integrated Services (OASIS) order # HSBP1016X00150 pursuant to FAR 16.505. The original award was competitively solicited and awarded to Miracle Systems under the

GSA OASIS Pool 1 Small Business.

_________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. The follow-on contract provides continuity of service for cirtical programs initiated during the initial order. The contractor employees supporting these programs have been vetted in accordance CBP’s Background Investigation process. The terms of scope and technical requirments remain the same as the initial order. The follow-on is of value to the government and critical, mission essential programs supporting the CBP mission.

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

The contracting officer has determined that issuing the proposed Task Order to Miracle

Systems for program management, project management, environmental, energy, and

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Typewritten Text $1,530,967.79

2- 3 -professional support services represents the best value to meet the Government’s needs.

This order will be placed under GSA OASIS Pool 1 Small Business. GSA has already negotiated fair and reasonable pricing rates with OASIS IDIQ contractors. Discounts to these rates will be requested. Additionally, prior to issuance of the task order, the ordering activity will consider the level of effort and the mix of labor proposed to perform the specific task being ordered in order to determine that 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) and prior efforts.

6. Any other facts supporting the justification.

Market research was conducted with several schedule holders; however, none of the vendors available under the GSA OASIS for SIN 874-1 Integrated Consulting Services, SIN 899-1/899-3 Environmental Consulting and SIN 520-12 Budgeting can perform the services needed to support OFAM without uninterrupted support to conduct competitive source selection activities, sustain any protest actions if necessary, and transition the contractor services except Miracle Systems.

CBP intends to limit the number of sources solicited for a task order with Miracle

Systems because of the federal government shut-down that occurred December 22, 2018

– January 25, 2019.

CBP issued Miracle Systems contract number HSBP1016F00193 under GSA OASIS

Pool 1 Small Business. The contract was issued on August 29, 2016 for one base year and one option year. At the end of the option year, Miracle Systems was issued a 6 month extension to that contract that expires February 28, 2019.

Acquisition documents for re-competing this work under GSA OASIS Small Business

Pool 1, were undergoing final approval to release the solicitation when the federal government shut-down began.

A 6 month limited sources task order is needed to extend the existing contract that expires February 28, 2019. The task order will ensure that essential contractor support is provided until a new competitively awarded contract is in place so there is not a gap in service. The contract extension will ensure that CBP has sufficient time to conduct competitive source selection activities, sustain any protest actions if necessary, and transition new contractor employees, to include completing the CBP Background

Investigation for all new contractor employees.

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.

The government intends to procure new program management, project management, environmental, energy and professional services until the contract can be recompeted in a

2- 4 -competitive award. This will allow the Government to seek competition in future acquisitions for the same type of support, thus eliminating the barriers to competition.

The estimated time frame is 3-6 months to complete the competitive award process and transition to the new contract. A Request for Proposal (RFP) will be released in March

2019 and the competitive process ending with an award no later than July 2019. The

Program Office have completed the requirements process and will be submitting the follow-on contract requirements to Procurement by no later than March 1st.

Some of the possible causes for delays in this process include: responding to questions from Offerors, modifications to the RFP, significant number of Offerors responding to the RFP, Offerors proposals requiring clarifications, conducting discussions with the

Offerors, and evaluation of Final Revised Proposals

8. CBP intends to post this requirement on FedBizOpps pursuant to FAR

16.505(b)(2)(ii)(D).

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.

______________________________ 02/22/2019

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.

Not exceeding $700,000 Date

Contracting Officer

*Note: In accordance with FAR 16.505(b)(2)(ii)(C)(1), proposed orders with an estimated value exceeding the simplified acquisition threshold, but not exceeding $700,000, 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. For OPO, the contracting officer should sign each justification prior to approval by the next higher level (e.g., Competition Advocate, HCA, and/or CPO).

11. Approval.

I hereby determine that the circumstance in FAR 16.505(b)(2)(i) [(A through E] applies.

Over $700,000 but not exceeding $13.5 million Date

Procuring Activity Advocate for Competition

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