JA-2020-02-0491_Redacted.pdf

SECTION I: Introduction

The Transportation Security Administration (TSA), Information Technology (IT) Technology Solutions Division (TSD) and Contracting and Procurement propose to issue a modification to a bridge task order that restricts the number of sources provided a fair opportunity to be considered (FAR 16.505(b)(2).

The procurement request number is 2120200COO197, and the Contracting and Procurement’s tracking number is JA- 2020-02-0491.

Per FAR 16.505, this acquisition is conducted under a multiple award contract.

SECTION II: Description of Action Being Approved

A task order modification will be issued to Accenture Federal Services (AFS), LLC to extend Bridge Task Order 70T02018F2FOIA164 to add an additional twelve-month period of performance. The total value of this extension is estimated at . This extension is required for the following reasons:

(1) The follow-on enterprise-wide TSA Credentialing System Adaptive Maintenance and Tier 3 Support (BIG CRED) task order 70T02020F3KOIA019 was awarded to AFS, LLC on 20-MAR-2020;

(2) TSA received a timely notice from the Government Accountability Office (GAO) of the filing of a post-award protest by .

(3) TSA issued a stop work order to AFS, LLC (BIG CRED) on 07-APR-2020 and a stay of performance was placed on the new award. TSA will comply with the CICA stay of performance while the protest is pending, as well as the full adjudication of all issues to include at a minimum any resultant corrective action, the stay has been lifted, onboarding contractor personnel and complete transition activities. The GAO is required to issue a decision on the protest by July 15, 2020.

Since the AFS Bridge task order currently expires on 30-APR-2020, IT TSD requests a twelve-month extension (a four-month Option 5, five (5) one-month options, and a three-month Transition-Out Option), due to the post-award protest of the follow-on award, and resulting stop work order issued.

The current bridge task order period of performance is, as follows:

Base Period: 31-Jul-18 to 30-Apr-19 (completed) Option 1: 01-May-19 to 31-Jul-19 (completed) Option 2: 01-Aug-19 to 29-Feb-20(completed) Option 3: 01-Mar-20 to 31-Mar-20(completed) Option 4: 01-Apr-20 to 30-Apr-20 (in progress)

*Option 5: 01-May-20 to 31-Aug-20 One-Month Options 6-10: 01-Sep-20 to 31-Jan-21 Transition-Out Option: 01-Feb-21 to 30-Apr-21 (transition-out period dates subject to change) *The dates proposed in bold above are dependent on all protest-related actions being resolved as described in (3) above in this Section II.

Consequently, in accordance with FAR 16.605(b)(2)(i)(B), only one awardee is capable of providing the services required at the level of quality required because the services are unique or highly specialized.

FAR Part 16 Justification Exception to Fair Opportunity

SECTION III: Description of Supplies or Services

The scope of this task order modification is to provide continued O&M and adaptive maintenance of the current TIM System. As explained more fully in Section V below, these services will be more efficiently and properly performed under the current bridge task order to AFS, LLC in order to continue mission critical services until the protest is resolved, as well as the full adjudication of all issues to include at a minimum any resultant corrective action, the stay has been lifted, onboarding contractor personnel, and complete transition activities.

SECTION IV: Identification of the Exception to Fair Opportunity Rationale

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 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 that the purchase can be made from a specified source.

Original Order Number: ________________________

SECTION V: Description of Fair Opportunity Exception Rationale Since the bridge task order currently ends on 30-APR-20, modifying the bridge task order will avoid a disruption in services until the protest is resolved, as well as the full adjudication of all issues to include at a minimum any resultant corrective action, the stay has been lifted, onboarding contractor personnel, and transition occurs. If TSA does not extend the bridge task order, the order will expire and services will not continue. The work that is expected to continue during the bridge modification period of performance is adaptive maintenance and Tier 3 and Tier 4 O&M support. The short-term need for providing the continuous adaptive maintenance, O&M support and transition out support services for the TIM System is so mission critical that providing a fair opportunity for a bridge effort would risk possible failure of mission critical systems and disruption of services. The highly technical nature of the work being performed under this requirement necessitates that, to be successful, the contractor must possess comprehensive knowledge of the current TIM operating environment, including an understanding of the coding specifications, functionality, and all interoperability requirements between the TIM populations to provide continuous services until the protest has been resolved, as well as the full adjudication of all issues to include at a minimum any resultant corrective action, the stay has been lifted, onboarding contractor personnel is complete, and transition activities can be conducted.

Since the current bridge task order is in place, AFS has security-cleared personnel that can continue to accomplish this work given their existing knowledge of the TIM-specific technical and architectural challenges, and in-depth knowledge of the existing infrastructure to include the known and potential failure points of an extremely complex environment. TSA has a need for the current level of services provided by the bridge task order and AFS is capable of providing uninterrupted support without a duplication of startup costs and a delay in performance. AFS has an extensive amount of knowledge of the TIM system including being TIM's development O&M services provider for the past 8 years. The nature of the services does not allow for support to start with a different contractor on the following day after the current bridge task order ends without detrimental impacts to the support. As well, transition to a new contract will require a minimum of a 90-day transition period. The services provided by AFS are vital to the operations of the TIM program and TSA. AFS has a unique and highly specialized understanding of the scope of the effort requiring their continued work based on the technological insights gained.

TIM is a high availability system and is determined to be mission critical. Failure to maintain operations of the TIM system will directly impact agency operations, transportation workers, and the traveling public. The bridge task order modification will continue to facilitate break-fix applications thereby ensuring enrollments for Transportation Worker Identification Credential (TWIC) and TSA Pre✓® applicants are processed.

Noteworthy is that disruption in the program management, architecture, functional and technical operations and maintenance support services would have an adverse impact to the efficiency of the TIM security threat assessment (STA) and credentialing activities on a variety of individuals within the transportation sector, one of TSA 's responsibilities and authorities under the Aviation and Transportation Security Act.

SECTION VI: Contracting Officer’s Determination that the Order Represents the Best Value The Contracting Officer determined that the bridge task order modification represents the best value by comparing the AFS proposal to the Statement of Work and the independent government cost estimate, reviewing historical pricing, and comparing their proposed labor rates against their competitively-awarded DHS EAGLE II labor rates in order to determine the price to fair and reasonable. The Contractor will be required to submit a Certificate of Current Cost or Pricing Data.

SECTION VII: Market Research Description Market Research was conducted for the Task Order Award that is currently under protest. This bridge task order modification action is necessary to continue services that are critical to TSA. AFS, LLC is the only source capable of providing these mission critical services without a lapse in service during this timeframe.

SECTION VIII: Other Facts Supporting the Fair Opportunity Exception Justification After the protest has been resolved, as well as the full adjudication of all issues to include at a minimum any resultant corrective action, the stay has been lifted, the new contractor employees will need to be properly vetted and on-boarded. The vetting process, on average, takes 45-60 days. In addition, the new contractor will be required to get special systems access, which is provided through contractor support. The normal standard time it takes to receive this access is ten

(10) business days. Based on past history, onboarding a large number of contractor employees could cause delays in getting systems access by thirty (30) business days which adds to the onboarding time for new contractor employees.

SECTION IX: Actions Taken to Remove Barriers to Competition Task Order 70T02020F3KOIA019 was procured in a competitive environment. It is expected that future services for this action will be under a competitive requirement at resolution of the protest that resulted in the need for this action.

SECTION X: Contracting Officer Certification I

SECTION XI: Technical or Requirements Personnel Certification

SECTION XII: Concurrence and Approval The required levels of concurrence and approval of this Limited Sourced Justification depend on the estimated total value of the procurement. Concurrence and approval must be obtained for that level and each previous level.

Estimated Procurement Value:

$2,000 and greater for Construction

$2,500 and greater for Services $10,000 and greater for Supplies

Concurrence:

Acquisition Official Approval:

Estimated Procurement Value: Greater than $250,000

Estimated Procurement Value: Greater than $700,000

Estimated Procurement Value: Greater than $13,500,000

Estimated Procurement Value: Greater than $68,000,000