LSJ_FY-19-0356_Redacted.pdf

OPOAM 3008.405-6(a) (2) Limited-Sources Justification (LSJ)

For orders or BPAs exceeding the Simplified Acquisition Threshold

LSJ FY19-0356

LSJ No.: FY-19-0356

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.

The Department of Homeland Security (DHS), Office of Procurement Operations (OPO), Countering Weapons of Mass Destruction Acquisition Division (CWMDAD), proposes to award a task order on a sole source basis pursuant to FAR 8.405-6(a).

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

DHS/OPO intends to limit the number of sources solicited pursuant to FAR Part 8.405- 6(a) for the procurement of Scientific Engineering and Technical Assistance (SETA) services to maintain support for the development of requirements, acquisition, test and fielding of radiological, and nuclear detection systems. The proposed contractor is Schafer Government Services, 321 Billerica Road, Chelmsford, MA 01824-419.

3. Description of Supplies/Services.

The requirement is to provide SETA support to the Countering Weapons of Mass Destruction Office (CWMD). This service covers a broad range of technical, programmatic, and analytical support services to the agency in support of the CWMD mission. The contractor shall provide support services in six functional areas to include:

1. Science, Engineering and Technical Support Services;

2. Research, Development, Testing and Evaluation Services;

3. Management and Administrative Support Services;

4. Acquisition Program Support Services;

5. Operations and Training Support Services;

6. Logistics Support Services

The contract period of performance consists of a 3-month base period and two (2) 3-month option periods and up to an additional six months pursuant to the FAR 52.217-8 clause.

Performance Period Performance Period Dates Estimated Amount Base Period 09/23/19-12/18/19 Option Period I 12/19/19-03/18/20 Option Period II 03/19/20-06/18/20 Dash 8 Clause 06/19/20-12/15/20 Total 15 months

The pricing estimated above was based upon the current rates in the current Task Order and adding a 3% escalation.

4. Authority and supporting rationale.

This acquisition is being 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 in accordance with FAR 8.405-6 Limited Sources. An award will be made to the one source capable of providing services required at the level of quality required pursuant to FAR 8.405-6 (a)(1)(i)(B). The original Federal Supply Schedule order #HSHQDC-15-J-00194 was competitively solicited and awarded using the ordering procedures at FAR 8.405. It is necessary to limit competition and acquire the services described herein as a sole source because of the December 2018 statutory creation of the Countering Weapons of Mass Destruction (CWMD) office following a reorganization. The reorganization directed by the Secretary of DHS resulted in the cancellation of two solicitations to replace the services covered under Task Order HSHQDC-15-J-00194 by Schafer Government Services. The solicitations were cancelled after it was determined the agency requirements intended to be filled by the solicitations changed sufficiently such that the Statements of Work published no longer accurately reflected the requirements. As a result of the cancellation, a bridge task order (70RDND18F00000013) was awarded to Schafer without competition. This task order was for a one year period of performance and will expire with Schafer on September 22, 2019. However, delays in a combined appropriation following the December 2018 enactment of the Countering Weapons of Mass Destruction Act of 2018 and the lapse in appropriations for the Department beginning in December 2018, and CWMD Office organizational changes needed to better align its directorates in light of the new legislation/mission structure, resulted in delays in finalizing the acquisition strategy for the new competitive procurement; therefore, this proposed short-term task order is to continue SETA services pending a new competition.

CWMD’s current requirements are being met under Task Order 70RDND18F00000013 by Schafer Government Services, and the contracting officer has determined that the incumbent contractor is the only source capable of providing the required SETA support services at this time. The execution of a Limited Source Justification (LSJ) is required in order to ensure that CWMD has continued contractor support in the six functional areas mentioned under section (3). The functionality of these areas requires access to global sensitive intelligence and the ability to task collection of sensitive support currently being provided by the incumbent that is considered critical to the continued success in CWMD execution of the DHS mission.

Schafer currently maintains the necessary number of trained and experienced personnel needed within the timeframe required to adequately meet current DHS CWMD requirements.

The incumbent currently maintains security clearances including, DHS suitability, Secret, TS/SCI and higher, with personnel necessary for continued support. Without these security clearances, assuming a competitive award could be made before the expiration of the current Schafer order, a new contractor’s personnel would not be permitted on site to successfully provide an adequate level of required mission critical support. The incumbent’s familiarity and experience with CWMD ’s Rad/Nuc and other programs that are the framework for detecting, analyzing and reporting on nuclear and other radioactive materials provides the complexities and will alleviate the substantial risk of contractor non-performance that would be present were a new contractor to be brought on board without sufficient transition time.

While other contractors may be able to perform the tasks required, it is not economically advantageous nor efficient to issue a competitive solicitation at this time, for what is anticipated to be work needed only for a short duration, lasting only as long as is necessary, to prepare, solicit and compete a new award for a unified CWMD Office. Thus far, the CWMD Integrated Product Team (IPT) has met on a twice weekly basis since early in Fiscal Year 2019 and worked towards awarding the new Advisory & Assistance Services (A&AS) task order by, (1) issuing multiple Requests for Information (RFIs) (to large and small businesses), (2) reading, evaluating, and assessing numerous vendor submissions received in response to the RFIs, (3) developing and proposing an acquisition strategy that encompasses three requirements including a small business set-aside, and (4) consulting OPO on several methodologies in preparation of an innovative method to evaluate and streamline acquisition documents. However, until the new A&AS award is executed, the CWMD Office has no viable alternative but to continue the services under a non-competed, short-term award to Schafer.

If SETA services are not allowed to be continued, CWMD will experience mission failure.

This will be due to insufficient resources necessary to assist CWMD with (1) identifying gaps in detection capabilities, (2) reporting the status of multiple USG programs and efforts that serve to enable further developments of the GNDA, and (3) the extensive wide-range of the evaluation and operational effectiveness of radiological and nuclear detection capabilities that currently support programs such as the Radiation Portal Monitoring Replacement Program (RPM RP). Schafer contractors engage in operational testing, standards development, operational assessments and other vital areas of technology capabilities through acquisition and development programs that field capability and provide critical feedback for future improvements. The results from these areas of support provides CWMD with the capability to detect and report unauthorized attempts to import, possess, develop, transport, or use nuclear and other radioactive material, which is crucial to /CWMD mission and the Nation. The CWMD Office has an insufficient number of federal personnel that could perform the work that is performed by Schafer for any extended period of time, and the work performed by Schafer is unique and highly specialized given the nature of the CWMD Office’s mission requirements.

Awarding a 3-month base period and two 3-month option periods and up to an additional six months pursuant to the FAR 52.217-8 clause on a limited source basis at this time will maintain consistent operational performance, reduce programmatic risk, and allow sufficient time to award a competitive re-procurement vehicle with transition.

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 issuing the proposed sole source task order for the SETA support services represents the best value, meaning that “the expected outcome of an acquisition that, in the Government’s estimation, provides the greatest overall benefit in response to the requirement” (FAR 2.101), and will result in the lowest overall cost, considering price and administrative costs, to meet the Government’s needs. This order will be placed in accordance with FAR 8.404, “Use of Federal Supply Schedules.” The General Services Administration (GSA) has already negotiated fair and reasonable pricing rates.

Discounts to these GSA schedule 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).

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

Market research, specifically for this interim period, was not conducted due to ongoing market research for the pending competitive procurement and responses received from the related solicitations that were previously canceled. Market research revealed other sources that can perform the services; however, due to the limited time constraints, no other sources possess the necessary clearances to perform the services at this time, and no other source will be able to perform the services at the level of skill necessary to perform this unique and highly specialized work—until a competition and appropriate phase-in can occur. Interested vendors will be able to compete on the future, unified CWMD Office requirement.

7. Any other facts supporting the limited-sources justification.

There are no additional facts to state.

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

The Government intends to conduct a competiton for a new task order for SETA services with an estimated completion date in the second quarter of FY20; the Task Order will include options should the Government need to extend the period of performance beyond March 2020. That future acquisition for the support services will not limit the number of sources to be considered in the procurement, thus eliminating the barriers to competition. The CWMD Office issued a notice to Industry via FBO about this requirement during the month of December 2018, and intends to update this posting to inform industry of the new acquisition strategy and timeline.

For orders or BPAs exceeding the Simplified Acquisition Threshold

LSJ FY19-0356

9. DHS intends to post this requirement on Fedbizopps 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/COR Date

11. Contracting Officer Certification

Pursuant to FAR 8.405-6(c)(2)(ix), I certify that the Limited-Sources Justification is accurate and complete to the best of my knowledge and belief:

Contracting Officer Date

12. Approval.

Pursuant to FAR 8.405-6(c)(2)(xi), I hereby determine that the circumstances in FAR 8.405-6 (a)(1)(i)(B) apply to the proposed Task Order.

Head of Contact Activity Date Victoria Short h i l R t ti

7/22/19

CHIARA S BEST

Digitally signed by CHIARA S

BEST

Date: 2019.07.22 14:59:57 -04'00'

JUAN I ARRATIA

Digitally signed by JUAN I

ARRATIA

Date: 2019.07.25 10:18:50 -04'00'