LSJ_Guidehouse_Redacted_Redacted.pdf

JUSTIFICATION AND APPROVAL FOR OTHER-THAN FULL-AND-OPEN COMPETITION

1 CONSUMER FINANCIAL PROTECTION BUREAU (CFPB), 1700 G STREET, NW WASHINGTON, DC

20552

LIMITED SOURCES JUSTIFICATION

NEW ORDER TO CONTINUE WORK PERFORMED ON

CFP-15-Z-00019, CALL 0003

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 suppl ies or services needed, and estimated dollar value.

The proposed action is for the issuance of a Task Order under urgent and compelling procedures to continue ongoing mission critical IT services until a protest filed against a newly awarded BPA Call for those services is resolved. The work currently performed under CFP- 15-Z-00019 Call 0003 was to be transitioned to a new BPA Call;

however, the work cannot be transitioned at this time because of a post award protest. The CO for the new call issued the required stop-work order as a result of the protest, and a short term task order is therefore necessary to continue this mission critical IT support and following the normal competitive procedures would result in unacceptable delays . This Order will replace Call 0003 on BPA CFP-15-Z-00019, awarded to Guidehouse, for project portfolio management and operational strategy development and implementation for T&I’s Home Mortgage Disclosure Act (HMDA) Operations Program. The services performed under this Order are necessary 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’s statutorily required HMDA Operations Program, including

2 CONSUMER FINANCIAL PROTECTION BUREAU (CFPB), 1700 G STREET, NW WASHINGTON, DC

o Performing regulatory analysis, including subject matter expertise in Regulation C;

o Supporting the process of regulatory changes by coordinating between the Bureau Regulations writing team and the technical HMDA Operations team, and providing insights to both teams through analytic methods on potential impacts of proposed regulatory actions on HMDA Platform computer code, HMDA filers, and HMDA publications;

o Supporting the annual review of HMDA edits in Filing Instruction Guide (FIG) and updates that are published on the https://ffiec.cfpb.gov/ website, providing analytic support to weigh proposed changes and impacts.

o Supporting testing of computer code using analytic methods and tools, and provide feedback to software developers;

o Preparing presentations on the HMDA Platform, HMDA publications, and user facing tools. Participating in industry conference calls, webinars, and direct HMDA filer interaction;

o Providing program management support for continuous improvement to the HMDA Platform;

o Providing second tier technical support to HMDA filers; and o Deliver regular analytic reporting of HMDA Platform issues, HMDA Help cases, common problems and resolutions.

T&I is requesting urgent and compelling services for a base time period of three months and three (1) month option periods. The base value of the task order will be $ . The maximum value of this task order, if all options are exercised, will be $768,121.55. This task order has been structured to allow the CFPB to migrate these critical IT services to the newly awarded task order as soon as practicable.

The Order will cover a base period of performance of May 31, 2019 to August 31, 2019 and may potentially continue until November 30, 2019, if all of the three (1) one-month options are exercised by the Bureau.

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

3 CONSUMER FINANCIAL PROTECTION BUREAU (CFPB), 1700 G STREET, NW WASHINGTON, DC

The current Call’s (Call 0003) period of performance that provides these services expires on May 30, 2019. This Order is being placed under urgent and compelling procedures. FAR Part 8.405-6(a)(1)(A) permits the placement of orders for new work using limited sources in the interest urgent and compelling reasons if a need exists, and following the procedures would result in unacceptable delays. There is an urgent and compelling need as these mission critical services must continue during the resolution of a protest. 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 manage and facilitate all ongoing and upcoming T&I projects as well as hinder the Bureau’s ability to effectively implement a statutorily-mandated HMDA Operations program. Under the Dodd- Frank Act (DFA), the CFPB is required to reduce burden on industry, improve data quality, and shorten time for public disclosure of HMDA data and the CFPB built an advanced web based application to collect and publish these data while meeting these statutory mandates. The HMDA Platform is operated on behalf of the CFPB and the member regulators of the Federal Financial Institutions Examination Council (FFIEC) and the U.S. Department of Housing and Urban Development (HUD) through a cost sharing agreement.

Any gaps in critical support to the HMDA Platform present a risk to all six agencies that rely on the CFPB’s operation of the HMDA Platform.

The original BPA Call 0003 was competitively placed under the authority of the Multiple-Award Schedule Program, FAR Part 8.405.

4.0 Best Value Determination.

In the interest of economy and efficiency, the Contracting Officer will attempt to negotiate a contract with the same rates currently being used by Guidehouse on CFP-15-Z-00019, BPA Call 0003, for use on this limited order. 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 is to be 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

4 CONSUMER FINANCIAL PROTECTION BUREAU (CFPB), 1700 G STREET, NW WASHINGTON, DC

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 contracting officer. Notably, as mentioned previously, the original BPA Call 0003 was competitively placed under CFPB’s Management and Consulting Services Multiple Award BPAs and that award was based on adequate price competition, where two or more BPA holders, competing independently, submitted priced offers that satisfied the Government’s expressed requirement.

Guidehouse’s price proposal for Call 0003 was determined to be fair and reasonable based upon the price competition. The price proposed for this short and limited scope order is also in line with the Independent Government Cost Estimate. 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. As such, I determine that using the same rates in this short extension that covers the same calendar year as the last year of the prior contract is fair and reasonable and represents the best value to the Bureau for these services as the work would continue at the rate the Bureau is currently paying without need for a costly transition.

5.0 A description of the market research conducted and the resul ts, or a statement of the reason market research was not conducted.

Market research was not conducted for this urgent and compelling task order as the requirement is urgent and compelling.

6.0 A description of efforts made to ensure that offers are sol icited 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, i f any, that expressed a written interest in the acquisition as a resul t of the FBO posting.

A notice of intent to issue or a notice of award of an urgent and compelling order will be publicized either before or after award 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).

5 CONSUMER FINANCIAL PROTECTION BUREAU (CFPB), 1700 G STREET, NW WASHINGTON, DC

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 management consulting needs performed under this order will be migrated to the newly competed BPA call once the protest has been resolved. Further, this Order has been structured with a three-month base period to allow the CFPB to discontinue services as soon as practicable. This urgent and compelling need is not due to poor planning and the scope of this Order will be limited to mission critical support services and will not necessarily include all of the services in the original call.

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 will be verified to ensure they are consistent with Guidehouse’s BPA Call 0003. At the time of the BPA Call award, the Contractor’s pricing was deemed to be fair and reasonable based on adequate competition, 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 has also been created for comparison before award of this urgent and compelling order is made. The Contracting Officer has determined that these prices, and the resulting cost to the Government, is fair and reasonable.

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.

6 CONSUMER FINANCIAL PROTECTION BUREAU (CFPB), 1700 G STREET, NW WASHINGTON, DC

Name: Hoa T. Crews Date 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.

Name: Laurent E. Pichet Date Title: Senior Contracting Officer

Name: Joshua Galicki Date Title: Acting Senior Procurement Executive

HOA CREWS

Digitally signed by HOA

CREWS

Date: 2019.05.28 08:54:40 -04'00'

Laurent E. Pichet Digitally signed by Laurent E. Pichet Date: 2019.05 28 17:45:21 -04'00'

Joshua Galicki

Digitally signed by Joshua Galicki Date: 2019.05.29 10:21:00 -04'00'