I_04_-_LSJ_FSS_2016-07_RDA_Corp_fully_signed.pdf

LIMITED-SOURCES JUSTIFICATION

Tracking No. Page 1 of 3 Treasury Form – 1012 (Rev 10/15)

Prescribed by Treasury: DTAP 1008.405-6

1. Identification of the agency and the contracting activity.

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

3.a A description of the supplies or services required to meet the agency’s needs.

3.b Estimated value.

4.a Identification of the authority being used (Check the appropriate box that applies).

FAR 8.405-6(a)(1)(i)(A) – An urgent and compelling need exists, and following the procedures would result in unacceptable delays.

FAR 8.405-6(a)(1)(i)(B) – Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized.

FAR 8.405-6(a)(1)(i)(C) – In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order or BPA provided that the original order or BPA was placed in accordance with FSS procedures in accordance with the applicable Federal Supply Schedule ordering procedures. The original order or BPA must not have been previously issued under sole-source or limited-sources procedures.

FAR 8.405-6(b) – Items peculiar to one manufacturer.

4.b Supporting Rationale.

Treasury Office of Financial Stability (OFS); IRS Office of Treasury Procurement Services (OTPS)

The IRS intends to award a labor hour FSS order against GSA Schedule GS-35F-0418V to RDA Corporation (small business); 303 International Circle, Hunt Valley, MD 21030.

The objective of this task order is to provide the maintenance and continued enhancements of the services framework for the Office of Financial Stability (OFS) Portal located on the Enterprise Content Management (ECM) SharePoint environment in support of the Troubled Asset Relief Program (TARP). The services framework provides critical functionality for the OFS Portal including electronic signatures, access management, change management, audit logging, home page functionality, and customized search. This task order will also continue to develop, maintain and add new functionality to OFS’ Acquisiton Management Solution (AMS). This is a custom application built on SharePoint that has drastically streamlined and organized contracting work in OFS that occurs before items are entered into the Procurement Requisition Information System Management (PRISM). The contract requirements are as follow:Deliver a Portal Assessment and Strategy,Deliver an OFS Portal,Operate and Maintain the Portal,Service Hours & Service Prioritization.

Base period 4/23/16 to 4/22/17 $1,587,131.52 Opt 1 4/23/17 to 4/22/18 $1,644,268.25 Opt 2 4/23/18 to 4/22/19 $1,703,461.91 total: $4,984,861.69

The Emergency Economic Stabilization Act of 2008 established the Office of Financial Service (OFS) to manage the Troubled Asset Relief Program (TARP), a temporary program to respond to the financial crisis. Through TARP, Congress granted OFS the ability to purchase and insure troubled assets in the auto, banking, credit, and mortgage industries. The Act also requires the program to undergo extensive oversight and reporting requirements. The special and urgent mission of OFS as a result of the crisis demanded unique custom-developed IT solutions to be created, implanted and supported.

Under the IRS' Data and Document Management Blanket Purchase Agreement (BPA), RDA custom developed and implemented the OFS Portal to develop and store documents and records, monitor assignments and compliance activities, manage FOIA requests, and develop reports. The BPA has expired and no new orders may be placed.

When the BPA was awarded, OFS was staffed with nearly 300 federal employees. That number is now well below 80 and still going down (often on a monthly basis). Despite the declining staff numbers, OFS still has $27 billion in active programs that must be maintained and the solutions referenced here play a critical part in those programs. As the OFS staff reduces, the institutional knowledge the contractor maintains become more critical and relied on. OFS lacks the technical expertise to run, maintain or transition these solutions to a new vendor and to work with our internal technical partner, the Office of the Chief Information Officer (OCIO).

Procuring the services through another contractor would impose excessive risk to the TARP program in the current political and strategic environment. Given the phasing out of staff, OFS relies heavily on RDA's institutional knowledge to resolve issues that arise. OFS cannot be exposed to the risk of a new vendor being unable to support, maintain and further implement these solutions, as needed.

RDA:

•has institutional knowledge that now only resides with the them due to OFS employee departures around the “sunset”of the organization •has full knowledge of all AMS code, functions, deployment packages and instructions, troubleshooting, development model, and associated business process necessary to run and maintain the system.

•has full knowledge of custom developed services framework, scripting, code and technical specifications unique to OFS.

•has full knowledge of the OFS SharePoint portal, configuration, special components and custom developed solutions unique to OFS.

As a result of the circumstances described above, RDA must be retained to ensure the operation of OFS applications and the programs they serve continue without interruption, loss of quality or function, and to ensure the continued ability to develop new code.

p0ppb Typewritten Text Control No. FSS 2016-07

Tracking No. Page 2 of 3 Treasury Form – 1012 (Rev 10/15)

Prescribed by Treasury: DTAP 1008.405-6

5. A determination by the ordering activity Contracting Officer that the order or BPA represents the best value consistent with FAR 8.404(d).

6. A description of the market research conducted among schedule holders and the results or a statement why market research was not conducted.

7. Any other facts supporting this justification.

8. A statement of the actions, if any, the Requiring Activity and Contracting Activity may take to remove or overcome any barriers that led to restricted consideration before any subsequent acquisition for the supplies and services is made.

As stated at FAR 8.404(d), GSA schedule contracts contain hourly labor rates deemed fair and reasonable. The IRS Office of Treasury Procurement Services will follow FAR 8.405-2(d) and consider the offered level of effort and mix of labor to determine if the total price is reasonable for this requirement.

OFS and IRS considered other GSA Schedule holders. They concluded that due to the decreasing number of federal employees in OFS and current environment under which the TARP program is operating, only RDA can provide the services without placing great risk to the OFS mission. Market Research Summary TSF 1010 is attached to the Acquisition Plan.

Documents that support this LSJ include: SOW, Acquisition Plan, IGCE, Market Research.

This acquisition is intended to complete OFS's requirement for these services. Any subsequent acquisition for these services would likely be limited sourced due to the fact that the TARP program is winding down and it is not expected for the organization of OFS to exist in a few years.

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Tracking No. Page 3 of 3 Treasury Form – 1012 (Rev 10/15)

Prescribed by Treasury: DTAP 1008.405-6

9. Certifications and Approvals:

9.a Program Office Certification (Requiring Activity). I hereby certify that any supporting information and data provided (e.g., the Government’s minimum needs or requirements, or other rationale for the limited sources) and which form the basis for this justification for an exception to fair opportunity, are accurate and complete to the best of my knowledge and belief.

Name:____________________________________ Date: _____________________

Signature: ___________________________________ 9.b Small Business Specialist Determination (Contracting Activity). I have reviewed this justification, including any attached documentation, if applicable, and concur / do not concur with the findings.

Name:____________________________________ Date: _____________________

Signature: ___________________________________ 9.c Contracting Officer Certification and Approval. I hereby determine the circumstances of this acquisition support the justification to acquire these supplies or services on a limited source basis. I also certify this limited-sources justification is accurate and complete to the best of my knowledge and belief. Therefore, unless additional approvals are required as prescribed below, as the authorized contracting officer for this acquisition, I hereby approve the processing of this requirement on a limited-source basis.

Name:____________________________________ Date: _____________________

Signature: ___________________________________

10. Additional Approvals (if applicable):

10.a Advocate for Competition (if >$700,000 and <$13.5 million) (Contracting Activity). I have reviewed this limited-sources justification and find it to be accurate and complete to the best of my knowledge and belief. Therefore, unless additional approvals are required as prescribed below, as the ordering activity’s Advocate for competition, I hereby approve this limited-sources justification Name:____________________________________ Date: _____________________

Signature: ___________________________________ 10.b Head of the Procuring Activity or Authorized Designee (if >$13.5 million and <$67.5 million) (Contracting Activity). I have reviewed this limited-sources justification and find it to be accurate and complete to the best of my knowledge and belief. Therefore, unless additional approvals are required as prescribed below, as the head of the procuring activity or authorized designee, I hereby approve this limited-sources justification.

Name:____________________________________ Date: _____________________

Signature: ___________________________________ 10.c Senior Procurement Official (if >$67.5 million) (Contracting Activity). I have reviewed this limited-sources justification and find it to be accurate and complete to the best of my knowledge and belief. Therefore, I hereby approve this limited-sources justification.

Name:____________________________________ Date: _____________________

Signature: ___________________________________

Matthew Levy

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Treasury Form – 1012 (Rev 10/15)

Prescribed by Treasury: DTAP 1008.405-6

INSTRUCTIONS FOR

LIMITED-SOURCES JUSTIFICATION

In general, each limited-sources justification shall contain sufficient information and data to justify the proposed action thereby be able to stand on its own. This type of detail is critical in order to enable a reviewer to clearly understand the requirement and the rationale for supporting this justification. If the requirement involves classified or sensitive information ensure the proper steps are taken to protect the information (e.g. labeling and marking). In the event of conflict between this template and applicable regulatory coverage, the more stringent requirement shall be followed.

1. Identification of the agency and the contracting activity. Provide the name of requiring agency and the name of the actual requiring activity (e.g. Treasury’s Washington, DC Office – Central IT Division). Provide the name of the contracting agency and the name of the actual contracting activity (e.g. Treasury’s West Virginia Office – Contracting Division for IT).

2. Nature and/or description of the action being approved. Describe the type of action being issued (e.g. new Federal Supply Schedule (FSS) order, blanket purchase agreement (BPA), contract modification or brand name). Identify the contemplated contract type or order (e.g. firm fixed price). Provide the name, address, socio-economic status and schedule contract number of the proposed contractor.

If a contract modification, include the contract no., task/delivery order number (if applicable), and nature of why the modification is required)

If brand name, state this justification & approval is covering only the portion of the acquisition which is brand-name.

If known include the requisition number.

3.a A description of the supplies or services required to meet the agency’s needs:

Provide a clear, concise description of the supplies or services to be procured. Include a statement regarding the delivery schedule and/or the period of performance, inclusive of all option periods and award terms. State the schedule and associated schedule category(ies) the supplies or services are being procured against. For supplies, include details such quantity and a brief description of the items (e.g. twelve (12) laptops).

For brand name, provide the name of the brand, model number and other specific details associated with the brand name item(s) being procured; name(s) of known sources that can provide the brand name.

3.b Estimated value. State the total estimated dollar value of the contract, inclusive of all options, award terms and other monetary incentives. If applicable, provide separately for each option, award term and other monetary incentive a general description (e.g. option period 1 – April x, 201x thru March x, 201x) and the associated individual dollar amount. These separate dollar amounts should add up to the total estimated dollar value; however if there is a difference then provide a discussion as to why they don’t.

Prescribed by Treasury: DTAP 1008.405-6

For brand name also provide the total estimated dollar value of the portion of the proposed award, inclusive of all options, award terms and other monetary incentives, that is brand name.

For modifications provide the total dollar value of the proposed modification, the current total dollar value of the contract.

Include a statement that refers to the Independent Government Cost Estimate for specific details.

4.a Identification of the exception to fair opportunity being used. Check the applicable exception being used for this justification.

4.b Supporting Rationale. Provide a clear and concise description of the rationale for the use of the authority being cited above, including a demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the exception cited. For example, for

FAR 8.405-6(a)(1)(i)(A) Describe the nature or circumstances of the urgency surrounding the agency’s need; how any follow-on work will be competed or how such urgency will be mitigated in the future; describe the extent and impact of the unacceptable delay (e.g.

quantitative data, dollars that would be lost, the impact to schedule) if award is not made in the timeframe needed; provide supporting rationale and a concise description of the extent, nature, and impact of the potential harm to the Government.

FAR 8.405-6(a)(1)(i)(B) Describe what makes this contractor the only responsible source.

For example, (i) does the proposed contractor have facilities or equipment that are specialized or unique that are vital to the effort?; (ii) Is the proposed contractor the only one that can meet critical schedule(s) required by the Government?; (iii) Does the proposed contractor have prior experience or expertise of a highly specialized nature that is vital to the effort?; (iv) Does the contractor have an exclusive licensing agreement?. Fully explain why any other supply or service provided by another vendor will not satisfy the Government’s need. Describe market survey and analysis efforts leading to this conclusion. Do not simply take information from a vendor’s website or other such marketing information to use as the basis as to why they are unique.]

FAR 8.405-6(a)(1)(i)(C) Describe why the work is a logical follow-on and provide information on the original competition for the first order; thereby describing the relationship between the initial order and the follow-on is logical (e.g., in terms of scope, period of performance, or value). Provide the estimated cost and/or time savings that will result from the non-competitive award, and explain the basis for the estimate. The original order or BPA must not have been previously issued under sole-source or limited-sources procedures.

FAR 8.405-6(b) State the brand name product’s unique attributes (be specific and use technical terms, if necessary). Describe why the brand name, product, or feature is essential to the Government’s requirements, and market research indicates other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency’s needs. Provide an estimate of the cost and/or delay the Government would incur if other than the brand name item is used for this requirement. Do not simply take information from a vendor’s website or other such marketing information to use as the basis as to why they

Prescribed by Treasury: DTAP 1008.405-6 are unique. Also, describe any type of market survey and analysis efforts conducted to support this conclusion.

5. A determination by the ordering activity Contracting Officer that the order or BPA represents the best value consistent with FAR 8.404(d). Provide a clear and complete description of the contracting officer’s determination that the proposed order or BPA represents the best value consistent with FAR 8.404(d).

6. A description of the market research conducted among schedule holders and the results or a statement why market research was not conducted. Provide a clear and concise description of the market research conducted amongst schedule holders and the results (e.g. list the names of the schedule holders that were contacted or expressed interest). Also, if completed, include reference to the market research report as it will likely contain more detail, thereby enabling the reviewer to refer to that document for additional information.

If market research was not conducted, provide a complete discussion of the rationale and, if applicable, the circumstances for why market research was not conducted.

7. Any other facts supporting this justification. Examples might include:

If the justification is based on an urgent and compelling need, there may be additional data or estimated costs that further support the extent and nature of the harm to the government in delay in award will cause or

If acquisition of a patented or copyrighted product is based on the representation of the intellectual property holder that has not been licensed for resale.

8. A statement of the actions, if any, the Requiring Activity and Contracting Activity may take to remove or overcome any barriers that led to restricted consideration before any subsequent acquisition for the supplies and services is made. Describe actions taken, or that may be taken, to remove or overcome any barriers to competition before any subsequent acquisitions for the supplies or services required (e.g. overcoming challenges to restrictive data markings, data rights, preparation of a performance based work statement). If planning or in the midst of a competition, include information regarding this action (e.g. estimated date when the competitive procurement will occur or award to be made).

9. and 10. Certifications and Approvals: Each review must be preceded by lower level approval(s), e.g., over $67.5 million all approvals are required. IN NO CASE WILL AN INDIVIDUAL SIGN MORE THAN ONE APPROVAL LEVEL. Retain only those signature blocks applicable to the dollar range of the acquisition being justified.

A supplemental justification is required if any of the following revisions occur between the approval of the original justification and the covered award or modification of the contract: an increase in dollar value beyond the authority approved in the justification; a change in the competitive strategy that further reduces competition; or any type of change in requirement that affects the basis of the justification.

Additional.

1. Tracking No.: This field is completed as prescribed by Bureau procedures.