I_4 Approved JEFO.pdf

DEPARTMENT OF THE TREASURY

SF 1014 - JUSTIFICATION FOR AN EXCEPTION

TO FAIR OPPORTUNITY

Treasury Standard Form – 1014 (Rev 5/18)

Prescribed by Treasury: DTAP 1016.505

Tracking No.

1. Identification of the requiring activity and the contracting activity:

Requiring Activity: Department of Treasury, Internal Revenue Service Office of Information

Technology, Applications Development.

Contracting Activity: Internal Revenue Service, Office of The Chief Procurement Officer, Office of Information Technology Acquisition, Program Services Branch.

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

The purpose of this Justification for an Exception to Fair Opportunity (JEFO) seeks approval for a bridge contract procurement action conducted under the authority of Federal Acquisition

Regulation (FAR) Subpart 16.5, Indefinite Delivery Contracts. In accordance with FAR Section

16.505(b)(2)(A), the IRS seeks an approval of a JEFO to execute a hybrid labor hour (LH) and firm fixed price (FFP) task order with Maximus Federal Services, Inc. The need date for these services is September 30, 2020. The IRS anticipates a term period of performance of nine (9) months, from the date of task order award, expected to begin on September 30, 2020. Refer to the requisition for a copy of the performance work statement.

2.b Name of the vendor. Maximus Federal Services, Inc.

2.c Requisition No.: 5000101150

2.d Bridge contract: X Yes ☐ No 2.e Brand name: ☐ Yes X No

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

The proposed acquisition is to acquire continued contractor support for Masterfile programming services related to Development/Modernization/Enhancement (DME), Operations Maintenance

(O&M), and Corrective Production defects for various components of the Masterfile System and other Information Technology (IT) systems as needed for Corporate Data Applications

Development Domain, by developing and maintaining critical components of the Masterfile

Systems.

As a service acquisition, the IRS anticipates a total term period of performance of nine (9) months under this task order award. The IRS plans to procure the services required under this scope of effort using Maximus Federal Services, Inc. Contract No. 47QTCK18D0044 under the

Alliant 2 Government Wide Acquisition Contract (GWAC).

3.b Includes IT: X Yes ☐ No NAICS 541519 PSC D302

3.c IGCE/Estimated dollar value:

The estimated dollar value of this acquisition is $15,605,187.90 for a nine (9) month period of performance. Refer to the IGCE for additional details.

4.a Identification of the exception to fair opportunity being used:

X FAR 16.505(b)(2)(i)(A) – The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

☐ FAR 16.505(b)(2)(i)(B) – Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

☐ FAR 16.505(b)(2)(i)(C) – The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under

TO FAIR OPPORTUNITY

Treasury Standard Form – 1014 (Rev 5/18) the contract, provided that all awardees were given a fair opportunity to be considered for the original order

☐ FAR 16.505(b)(2)(i)(D) – It is necessary to place an order to satisfy a minimum guarantee.

☐ FAR 16.505(b)(2)(i)(E) – For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source.

☐ FAR 16.505(a)(4) – The requirement is for an item peculiar to one manufacturer.

4.b Supporting rationale:

The proposed contractor’s unique qualifications and the nature of the acquisition requires the use of the authority cited as follows:

Maximus Federal Services, Inc. is the incumbent for the current task order under TIPSS Task Order

No. TIRNO-11-D-0023. The period of performance of the current task order under TIPSS is through

June 30, 2021. However, the current task order will reach its NTE ceiling on September 29, 2020 because of unexpected support activities related to the COVID -19 pandemic as well as other legislative and executive mandates. To ensure continuation of services without disruption, the

Agency is procuring the Masterfile Programming services using Maximus Federal Services, Inc.

Contract No. 47QTCK18D0044 under the Alliant 2 Government Wide Acquisition Contract

(GWAC).

Maximus Federal Services, Inc. is uniquely positioned to continue providing the IRS with the critical programming support services required since they are the incumbent contractor and deeply involved with current filing season activities which are currently underway. The government has determined a 9-month period of performance is needed to ensure continuation of operation during the COVID-19 pandemic and allow sufficient time to procure a full-and-open follow-on and for potential transition.

As a result, Maximus Federal Services, Inc. is the only contractor, uniquely qualified and capable of providing the IRS with continued support services required within the proposed period of performance, because the agency need for services is so urgent that providing a fair opportunity would result in unacceptable delays. A failure to continue contractor support will result in the inability of the agency to enact any tax relief efforts for the American taxpayer during the

COVID 19 pandemic, hinder the IRS’ ability to implement tax changes impacting those most affected by the pandemic, as well as delay its ability to process tax returns and collect revenue on behalf of the Government.

5. A determination that the anticipated cost to the Government will be fair and reasonable:

The Contracting Officer determines the anticipated price to the Government for the services covered by this Justification for an Exception to Fair Opportunity will be fair and reasonable by comparison of the contractor’s proposed price with the Independent Government Cost Estimate

(IGCE). In addition, the Contracting Officer will perform a rate verification and seek additional discounts from the Contractor’s current Alliant 2 labor rates prior to task order award.

6.a Any other facts supporting this justification:

In accordance with FAR Subpart 16.505(b)(2)(i)(A) the IRS is seeking a short-term contract award to the incumbent contractor to bridge the time until award of a follow-on competitive

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Treasury Standard Form – 1014 (Rev 5/18) contract while providing continued and additional support related to legislative mandates and

COVID-19 support activities. The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays and therefore anticipates executing a hybrid task order with Maximus Federal Services, Inc.

The acquisition is a follow on to the existing Masterfile requirement that was competitively awarded using the Internal Revenue Service (IRS) TIPSS indefinite delivery indefinite (IDIQ) contract under the following task order:

Maximus Federal Services, Inc.

TIRNO-11-D-00023 0016

Current value: $40M

Period of Performance: 7/2016 – 6/2021

6.b Attachments: ☐ Yes X No

7. A statement of the actions, if any, the Requiring Activity and Contracting Activity may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies and services is made:

Prior to executing a subsequent action for the services covered under this JEFO, the Government will reassess the procurement landscape to determine if technical capabilities exist with additional Contractors under BIC vehicles. The IRS has and continues to exercise competition as often as possible and is required to conduct ongoing reviews to keep abreast of new technology, in both the industry and Government sectors. The IRS uses a variety of vendors, manufacturers and contracting methods to fulfill its requirements and will continue its practice of surveying the market to ensure full and open competition to the maximum extent available. At the time of this Justification for an Exception to Fair Opportunity (JEFO), no other source has demonstrated the capability or technical expertise necessary to perform or provide the subject requirements, in the timeframe required. Future requirements under this scope/effort will be competed to the maximum extent practical.

8. Certifications and Approvals:

8.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: Adela J. Gresham Date:09/17/20

Signature:

8.b Contracting Officer Certification and Approval. I certify this justification for an exception to fair opportunity 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 based on the authority specified in 4.a above.

Name: Date:

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Treasury Standard Form – 1014 (Rev 5/18)

Signature:

9. Additional Reviews and Approvals (As applicable):

9.a Bureau Chief Information Officer or Authorized Designee (for IT requirements that are over $5 million, but not exceeding $68 million) (Contracting Activity). I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief, and representative of the Government’s need. Therefore, I hereby consent to the approval of this justification. (Note: The Bureau CIO may delegate their authority for proposed contracts over $5 million, but not exceeding $13.5 million to the Associate Bureau CIO(s).)

Name: Date:

Signature:

9.b Advocate for Competition (if over $700,000, but not exceeding $13.5 million)

(Contracting Activity). I have reviewed this justification for an exception to fair opportunity 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 justification based on the authority specified in 4.a above.

Name: Date:

Signature:

9.c Head of the Procuring Activity or Authorized Designee (if over $13.5 million, but not exceeding $68 million) (Contracting Activity). I have reviewed this justification for an exception to fair opportunity 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 justification based on the authority specified in 4.a above.

Name: Date:

Signature: