LSJ Executed.pdf

JUST IFICAT ION AND APPROVAL FOR OTHER-THAN FULL-AND-OPEN COMPETITION

Limited Sources Justification, Amended dated November 22, 2019

GS-00F-045DA, 9531CB19F0057

PMO Services Extension

1.0 Agency Name: Consumer Financial Protection Bureau, Office of Technology & Innovation (T&I).

2.0 Nature and/or description of the action being approved, the supplies or services needed, and estimated dollar value.

This acquisition is conducted under the authority of the Multiple Award Schedule Program. It is for the in-scope one- to two-month extension of current task order 9531CB19F0057 (“Task Order”), that was issued under urgent and compelling procedures to continue ongoing mission-critical IT services. The work currently performed under the Task Order was anticipated to be transitioned to a new contract by no later than November 30, 2019; however, the work cannot be transitioned at this time because the procurement action to replace the Task Order is still ongoing as a result of reasonable but unexpected delays.

The solicitation for the procurement action to replace the Task Order was issued on September 5, 2019, initial quotations were due on September 23, 2019, and Solicitation Amendment 0003 was issued on October 30, 2019 in order to clarify certain aspects of the solicitation. Communications were deemed merited and conducted on November 8, 2019. Final quotations based on the communications were due on November 12, 2019 and are under evaluation. The Bureau is making a good faith effort to complete its evaluation of final revised quotations and make an award decision as soon as practicable. Additionally, award to the selected vendor, if not the incumbent, would require onboarding of contractor personnel, and currently there is backlog in the security clearance process that contractor personnel must go through before they may commence performance. In the interim, an extension to the Task Order is therefore necessary to continue this mission-critical IT support and to allow the Bureau to follow normal competitive procurement procedures without a break in service, which would create significant risk to T&I.

The Task Order, awarded to Guidehouse LLP, is for project portfolio management. The services performed under this Order are necessary for the Bureau to be able to continue operation of:

T&I’s Portfolio Management Office (PMO), including o Managing the intake process of new project requests;

o Facilitating prioritization of T&I’s project portfolio, including resource allocation and alignment to T&I’s Target Architecture;

o Supporting governance and oversight of T&I’s project portfolio;

o Monitoring portfolio risks, reporting on status of risk response plans, and escalating risks to T&I leadership as necessary; and o Creating executive dashboard reporting of weekly project status including items for leadership attention.

T&I requires an extension consisting of an additional two (2), one-month option periods, of Task Order 9531CB19F0057, awarded under urgent and compelling reasons. The maximum value of this task order extension, if all options are exercised, will be $133,898.39. The original Task Order total value was $767,525.33, structured with a three-month base period and three (3), one--month option periods. Thus, the modification at most would result in an increase of 17.45% in total obligated dollars. This task order has been structured to allow the CFPB to migrate these critical IT services from the current Task Order to the newly awarded task order as soon as practicable.

If the additional two (2), one-month option periods are exercised by the Bureau, the period of performance may potentially continue until January 31, 2020 under the Task Order.

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

This Task Order extension is being placed under the same urgent and compelling authority as the original Task Order 9531CB19F0057. FAR 8.405-6(a)(1)(i)(A) permits the placement of orders for new work using limited sources when an urgent and compelling need exists and following the normal competitive procedures would result in unacceptable delays. There is a continuing urgent and compelling need as these mission critical services must continue during the resolution of a pending solicitation for a replacement contract. Any service interruption would result in unacceptable risk to ongoing program operation as the lack of support services would impact the Bureau’s ability to effectively manage and facilitate all ongoing and upcoming time-sensitive T&I projects.

4.0 Best Value Determination.

In the interest of economy and efficiency, the Contracting Officer (CO) negotiated the same rates on the Task Order as were used by the incumbent contractor on the preceding task order. The CO has negotiated the same rates for use during this 1 to 2 month extension. The benefit is that those rates have been determined to be fair and reasonable in the prior contract through a competitive price analysis, so that the continued use of these fair and reasonable rates supports a determination that the rates on this short-term contract are fair and reasonable. Additionally, this sole source contract was awarded under a GSA schedule contract, as Guidehouse is a GSA schedule holder with approved GSA schedule rates. GSA has already determined the prices of supplies and fixed-price services, and rates for services offered at hourly rates, under schedule contracts to be fair and reasonable. As such, the CO’s analysis begins with rates that have been deemed fair and reasonable by a GSA CO. The price proposed for this short and in-scope extension is in line with the Independent Government Cost Estimate (IGCE) for the current Task Order. Additionally, there is nothing in the current schedule contract labor rates for Guidehouse that suggest that the labor hour rates for services of this type have changed dramatically in the marketplace for these services from the prior contract or from current Task Order. As such, I determine that using the same rates in this short extension is fair and reasonable and represents the best value to the Bureau for these services, as the work will continue at the rate the Bureau is currently paying without a need for a costly transition or gap in service.

5.0 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 potential 1 to 2 month extension, as the requirement is urgent and compelling, however, market research was recently performed to support award of the current Task Order in May of 2019.

6.0 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.

A notice of award of an urgent and compelling order was publicized after award of the Task Order at the Governmentwide Point of Entry (GPE) website www.fedbizopps.gov in accordance with FAR 8.405-6 (a)(1)(A) and FAR 8.405-6(a)(2)(i). This extension will also be publicized at the Governmentwide Point of Entry (GPE) website www.fedbizopps.gov, which is now found at www.beta.sam.gov.

7.0 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 is made.

Future critical information technology needs performed under this order will be migrated to the newly-competed, soon-to-be-awarded contract. Further, this Order extension has been structured with two (2), one-month option periods to allow the CFPB to discontinue services off of the Task Order as soon as practicable. This urgent and compelling need is not due to poor planning, and the scope of this Task Order will be limited to mission-critical support services and will not include all of the services in the previous contract for such services.

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

The labor categories and pricing proposed by the Contractor was verified to ensure they are consistent with Guidehouse’s Task Order. At the time of the BPA Call award, the Contractor’s pricing was deemed to be fair and reasonable based on data related to prices (such as market research, comparison of the proposed price with prices found reasonable, and comparison to the Independent Government Cost Estimate). An IGCE for the full potential PoP has also been created, which will be used for comparison before execution of this urgent and compelling Task Order extension is made. The CO has determined that these prices, and the resulting cost represents the best value to the Government.

9.0 Approvals.

9.1 TECHNICAL/REQUIREMENTS PERSONNEL. All supporting data that is the responsibility of technical or requirements personnel, and which form a basis for the justification, are hereby certified as complete and accurate by the technical or requirements personnel.

Name: Hoa T. Crews Title: T&I Acquisition Program Analyst

9.2 PROCUREMENT STAFF. To the best of my knowledge and belief, I certify that this justification is accurate and complete.

Title: Laurent E. Pichet Title: Senior Contracting Officer

Name: Joshua Galicki Title: Competition Advocate

Hoa Crews Digitally signed by Hoa Crews Date: 2019.11.25 11:36:19 -05'00'