JEFO CHEROKEE SAM.GOV POSTING.pdf

Justification for Exception to Fair Opportunity Exceeding the SAT pursuant to FAR 16.505(b)(2)(ii)(B)

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JEFO Number: FY24-0030 PR Number: PR-24-USSS-2685

1. Agency and Contracting Activity.

The Department of Homeland Security, U.S. Secret Service (USSS), Procurement Division, proposes to award a delivery/task order or modify an existing delivery/task order on behalf of Office of the Chief Financial Officer Risk Management (OCFO) and Risk Management & Assurance (RM&A) Division, pursuant to Federal Acquisition Regulation (FAR) 16.505(b)(2), Exceptions to the fair opportunity process.

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

Single firm fixed price task order award against the vendor’s GSA 8(a) STARS III contract 47QTCB21D0333 in accordance with Small Business Act (15 U.S.C. 637(a)).

Contractor name:

Cherokee Nation System Solutions LLC

Contractor Address:

2 W 2nd St.

Suite 1500-32 Tulsa, OK 74103-3123

3. Description of Supplies/Services.

The Risk Management and Assessment (RM&A) office Internal Control Program (ICP) requires Quality Assurance contractor support to provide Information Technology General Controls (ITGC) testing to develop and execute software test plans to identify procedural issues related to software configurations resulting in financial risk. The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, other items, and non-personal services necessary to provide expert advice and technical support in the implementation of the USSS RM&A Information & Technology (RM&A I&T) internal control program and improve USSS maturity composition.

The total estimated dollar amount is $6,942,573.00 (includes the base year and four option years).

The period of performance is expected to be:

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Option Period Dates Base Period 09/15/2024 – 09/14/2025 Option Period 1 09/15/2025 – 09/14/2026 Option Period 2 09/15/2026 – 09/14/2027 Option Period 3 09/15/2027 – 09/14/2028 Option Period 4 09/15/2028 – 09/14/2029

4. Statutory exception and supporting rationale.

The applicable statutory FAR citation and basis for using an exception to fair opportunity process is:

☒ FAR 16.505(b)(2)(i)(E). A statute expressly authorizes or requires that the purchase be made from a specified source.

Rationale: Small Business Act (15 U.S.C. 637(a)). This requirement is already in the 8(a) small business program.

5. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

Price are anticipated to be fair and reasonable based on the fact that this is an order against an existing GSA 8(a) STARS III contract where prices have been determined to be fair and reasonable. The government utilized the 8(a) STARS III pricing tool and requested rough order of magnitude from two sources to come up with the independent government cost estimate

(IGCE).

6. Any other facts supporting the justification.

None.

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

This is a requirement that is already in the 8(a) small business program. The USSS is required to keep this requirement in the 8(a) program unless the Small Business Administration authorizes a release.

8. USSS intends to post this requirement on Sam.gov pursuant to FAR 16.505(b)(2)(ii)(D).

9. Technical/Requirements Personnel Certification.

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Pursuant to FAR 16.505(b)(2)(ii)(B)(9), I certify that this requirement meets the Government’s minimum need and that the supporting data, which form a basis for the justification, are accurate and complete.

_______________________________ _7/8/2024____ Chaketa Peyton Technical Representative/COR Date

10. Contracting Officer Certification

Pursuant to FAR 16.505(b)(2)(ii)(B)(8), I certify that this justification is accurate and complete to the best of my knowledge and belief.

Yu-Jin Kim Contracting Officer Date

APPROVAL: Pursuant to FAR 16.505(b)(2)(ii)(10), I hereby determine the circumstance identified in Section 4 applies to the order.

Eric Pagal Procuring Activity Advocate for Competition Date