LSJ_FY19-0283_-_Redacted.pdf

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

For orders or BPAs exceeding the Simplified Acquisition Threshold

LSJ No: FY19-0283 - 1 -

LSJ No.: FY19-0283

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), National Protection and Programs Acquisition Division (NPPAD) proposes to award a task order modification pursuant to FAR 8.405-6(a), Limiting Sources, and 52.217-8, Option to Extend Services.

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

DHS/OPO/NPPAD is completing this LSJ pursuant to FAR 8.405-6(a)(1)(i)(B) in order to exercise clause 52.217-8, Option to Extend Services, to require continued performance of services under the Cybersecurity Workforce Planning Program Office Support task order for four months. (06/28/2019 – 10/27/2019). The contractor is Economic Systems, 7700 Old Georgetown Road, Suite 750, Bethesda, MD, 201814.

3. Description of Supplies/Services.

The requirement is to provide Cybersecurity & Infrastructure Security Agency (CISA) Cybersecurity Workforce Program Office continuation of the services on task order HSHQDC-17-F-00211. The Cybersecurity Workforce Program is formally authorized under Title 5 Code of Federal Regulations, part 575, subpart C, which requires annual review/approval/tracking/phase out of all cyber pay positions (Statement of Work (SOW) Tasks 1 and 2) within CISA. Additionally, an annual review, which requires a comprehensive business justification rooted in a labor market and compensation analysis (SOW Task 3) must be completed, and an update of all CISA Position Descriptions (PDs) with the nine-digit cybersecurity Work Role code (SOW Task 5) must be accomplished.

By law, the annual review/recertification of retention incentives paid under this program must be complete by the end of the current program period – September 30, 2019.

The four-month extension is estimated at . As a result of this extension, total task order funding will increase from .

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. The task order was issued under GSA Schedule ___ and included FAR 52.217-8, Option to Extend Services. However, the price of the six-month option period permitted by the clause was not evaluated at the time of award. Thus, this LSJ is

LSJ No: FY19-0283 - 2 -required to exercise the option. FAR 17.207(f); OPOAM 3017.207-90(b)–(c). Pursuant to 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.

The purpose of this justification is to extend the task order to fully meet CISA’s requirement and mission expectations until October 27, 2019. The extension is required to ensure completion of the FY19 Cyber Pay Program requirements in accordance with Title 5 Code of Federal Regulations, part 575, subpart C. The review/approval of Cybersecurity Workforce billets affects Federal salaries; consequently, it is critical to ensure timely and accurate completion of these activities. Implementation of the FY19 Program was delayed due to the Government shutdown in January 2019; however, all activities must still be completed by September 30, 2019. Given the amount of work to be completed; short time frame for completion; and the impact on Federal pay, it would be a significant detriment and burden to the Government if the current task order were allowed to expire.

Contractor support for the Cybersecurity Workforce Program is in the process of being recompeted. While all tasks for FY19 must be completed by September 30, 2019, additional time (through October 27, 2019) is needed for suitability and transition activities. It takes approximately 90 days for contractors to be processed through the DHS suitability process and receive a favorable entry on duty date. If the task order is allowed to expire, this would leave CISA with one federal staff to manage all of the Cybersecurity Workforce Program activities discussed above, which is not possible. Even if DHS suitability could be expedited, there is mandatory training required for contractors to receive access to the systems needed to manage the Program/Position Descriptions. The possibility of mistakes would be high and put the Government and employees at risk for misinformation or processing issues that can result in tens of thousands of dollars of debt for employees, if not managed properly. Likewise, there will need to be time for transition between Economic Systems and the contractor who is awarded under the new competitive procurement. This is not just staff augmentation; there is technical information that will need to be transferred to allow the new contractor to operate the sites.

Extending the services that DHS is receiving under task order HSHQDC-17-F-00211 minimizes any disruption of services until a new task order is awarded and transition is complete, which DHS anticipates will occur by October 27, 2019.. Economic Systems is uniquely qualified to continue services as they have been performing the same services under HSHQDC-17-F-00211; any other vendor would have a significant learning curve and staffing requirements to overcome.

5. Determination by the ordering activity contracting officer that the anticipated order represents the best value consistent with FAR 8.404(d).

LSJ No: FY19-0283 - 3 -

The Contracting Officer has determined that issuing the proposed order to Economic Systems for the aforementioned required services represents the best value and will result in the lowest overall cost, considering price and administrative costs, to meet the Government’s needs. The CO has determined that the anticipated prices will be fair and reasonable based upon the GSA Schedule labor rates which have already been determined to be fair and reasonable and which have been negotiated through prior extensions on this contract. The CO will also request discounts from the GSA Schedule labor rates.

Prior to issuance of the 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.

Economic Systems is currently providing support to DHS, which minimizes any disruption of services until a new task order is awarded and transition is complete.

Market research was conducted in early 2019 for the new competitive task order, which is to be awarded under GSA’s Human Capital and Training Solutions (HCaTS). The market research identified other vendors capable of providing services to satisfy agency requirements; however, the follow-on competitive procurement will not be awarded in time to ensure completion of the FY19 Cybersecurity Workforce Program requirements. .

Economic Systems is uniquely qualified to continue services as they have been performing the same services under HSHQDC-17-F-00211; any other vendor would have a significant learning curve and staffing requirements to overcome.

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

N/A

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.

DHS is in the process of releasing a competitive solicitation for these services; DHS anticipates making a new award and completing transition activities by October 27, 2019. The limited source task order will maintain current support activities that are critical to program operations and mission accomplishment until the new task order is awarded and transition is complete.

9. DHS intends to post this requirement on Fedbizopps pursuant to FAR 8.405-6(a)(2)(i).

For orders or BPAs exceeding the Simplified Acquisition Threshold

LSJ No: FY19-0283 - 4 -

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.

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:

Christopher Carroll Date

Contracting Officer

12. Approval.

Pursuant to FAR 8.405-6(c)(2)(xi), I determine that the circumstance of FAR 8.405 6(a)(1)(i)(B) is applicable to this Limited-Sources Justification.

Kelly Curtin Date Procuring Activity Advocate for Competition

CHRISTOPHE

R G CARROLL

Digitally signed by

CHRISTOPHER G CARROLL

Date: 2019.06.27 10:07:49 -04'00'

KELLY D

CURTIN

Digitally signed by

KELLY D CURTIN

Date: 2019.06.27 10:48:42 -04'00'