70B04C19F00001137 P00003 JEFO for posting_Redacted.pdf

Justification for Exception to Fair Opportunity Exceeding the SAT pursuant to FAR 16.505(b)(2)(ii)(B)

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Date: 6/4/2020 Order Number: 70B04C19F00001137/Modification P00003

1. Agency and Contracting Activity. Identification of the agency and the contracting activity, and specific identification of the document as a “Justification for an Exception to Fair Opportunity.”

The Department of Homeland Security, Customs and Border Protection (CBP), Office of Acquisition and Office of Information and Technology (OIT), prepared this justification for an exception to fair opportunity.

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

CBP/OIT intends to extend profiessional services currently awarded to Carahsoft under NASA SEWP V multiple award indefinite Government-Wide Acquisition Contract (GWAC) number NNG15SC27B, Order number 70B04C19F00001137. Pursuant to FAR 16.505(b)(2), an exception to the fair opportunity process must be justified. The extension of professional services will go from 6/12/2020 to 7/30/2020.

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

The purpose of this fixed-price extension is to continue developing, and implementing ServiceNow’s functionality and maintainability divesting from current work efforts. OIT will be maintaining the vital services of current cleared personnel assets of an Engagement Manager, Business Process Consultant, and Technical Consultants for a total of 11 resources. This allows for continued work of this cloud-centric operating model for the following specific OIT projects:

Define and document CBP business processes for Major Incidents and build out functionalities.

Define and document CBP business processes for Knowledge Management and build out functionalities.

Expand ITSM (Incident, Problem and Change) functionalities based on meeting with additional groups to define and document business processes and build out expanded functionalities.

Expand Technology Insertion Management (TRM) catalog items to build out twelve

(12) user stories identified for Phase 2 including simple categorizations, notifications to Technology owners, End of Life and reporting.

Work with the customer to further define the NII Intake process and update the application with the additional user stories.

Expand to define and build Password Reset processes for additional systems identified by customer.

Expand functionalities of Service Portal based on added/expanded functionalities of above process areas.

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Further define ten (10) user stories identified by the customer to expand Vendor Management capabilities to include calendar management, follow up actions and reporting.

Expand capabilities of the Cloud Management User Portal including enabling end users to manage EC2 instances that they have provisioned and enabling reporting on AWS cloud spend.

Continue to identify and build event alerts, rules and event mappings.

Continue to create service maps that show the associated mix of IT components and dependencies to identify impacts.

Provide User Acceptance Testing support to include preparing user scripts, demos and hosting guided sessions.

Provide Knowledge Transfer from ServiceNow personnel to CBP identified System Administrators to operate and maintain the workstreams.

Produce weekly status report documenting accomplishments, work planned for the following week and highlighting risk to project schedule.

The value for this extension is

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.

_________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.

X FAR 16.505(b)(2)(i)(C). The order must be issued 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.

_________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.

Rationale:

It is in the interest of economy and efficiency to award this extension directly to Carahsoft, as it is a logical follow-on to the work currently being performed under the order. The proposed

- 3 -modification will extend the existing services being performed under the order from their current end date of 6/12/2020 to coincide with the end date for the overall order, 7/30/2020.

Carahsoft Technologies is the prime contractor for the award mentioned in section 1. This company used a subcontractor, Service Now, to fulfill CBP’s requirements. During the initial market research phase done in the summer of 2019, Carahsoft Technologies was the only contractor who responded under Group D of the NASA SEWP V contracting vehicle.

Additionally, although fair opportunity was provided for the initial order competition, only Carahsoft responded with a quote. A logical follow-on should be awarded to Carahsoft, as they are currently working to implement the tasks listed above, in Section 3. The contractor assets listed in above in section 3, have spent the past 9 months learning, and working in CBP’s complex technical environment. Furthermore, CBP does not believe that competing this in its best interest of the Government due to the lack of competition recorded in the original market research phase, and in the interest of economy and efficiency, Current wait times for a contractor to be granted a limited Background Investigation (BI) exceed five (5) months. As of now, OIT does not have the personnel onboard whith the necessary expertise in the Service Now domain to finish and implement the tasks listed above in section 3.

In order to fully complete the Service Now Pilot Project, OIT needs to extened the professional services through a logical follow-on to the end date on the current order July 30, 2020. An exception to fair opportunity is required here because OIT is at risk of losing already cleared Service Now contractors. The strides made once the Service Now contracting team listed in section 3 began to gain their limited BIs have been tremendous. Losing these individuals would delay the go-live for the Service Now products in CBP by 5 months, the time it takes for an individual to get a limited-BI.

In the event that professional services are not granted, they would need to be added to the subsequent contract for Service Now license maintenance. CBP would not be able to use any technical consultants, who assist in the development of the Service Now produts in CBP’s complex environment, until they are granted a limited BI. This would cost CBP over and would push the go live date even further.

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

It is anticipated that the Contracting Officer will be able to determine the price fair and reasonable based on adequate pricing from past procurement history.

6. Any other facts supporting the justification.

Not applicable.

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.

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CBP has the Service Now competitor product, BMC Remedy, installed currently as part of our technical solution, and is currently researching Remedy OnDemand. CBP is seeking to use ServiceNow to fully replace BMC Remedy as cloud migration progresses. In order for this happen, and reduce all costs associated with Remedy, the follow-on to professional servies is needed. As mentioned above in section 4, OIT does not have the Service Now personnel capable of finishing what the pilot set out to do, without the support of these already cleared personnel.

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.

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

6/4/2020