JEFO FY20_0079 Redacted.pdf

OPOAM 3016.505-90(a)(2)(ii) Justification for Exception to Fair Opportunity

Exceeding the SAT pursuant to FAR 16.505(b)(2)(ii)(B)

JEFO No.: FY20-0079 Rev. 2/5/2015 - 1 -

JEFO No.: FY20-0079

Date: 04/28/2020 PR Number: RCCS-20-60031

1. Agency and Contracting Activity: The Department of Homeland Security (DHS), Cyber Security and Infrastructure Security Agency (CISA), Cybersecurity Division (CSD) Office of Strategy, Performance, & Resources (SPR) in conjunction with the Office of Procurement Operations (OPO) Cybersecurity and Infrastructure Security Agency Acquisitions Division (CISAAD) prepared this justification for an exception to fair opportunity.

2. Nature and/or description of the action being approved: DHS/OPO intends to extend Task Order No. HSHQDC-16-F-00092 with Advanced Concepts and Technologies International (ACT I) to provide Budget, Acquisition, Procurement and Contract Management Support Services for two additional three-month options for a total of six (6) months via a bilateral modification from May 1, 2020 through October 31, 2020 pursuant to FAR 16.505(b)(2)(ii)(B).

3. Description of Supplies/Services: CISA/CSD/SRP requires continued budget, acquisition, procurement, and contract management support services in order to support organizations within CISA/CSD as well as their senior leaders with their budget and acquisition requirements.

Currently the work is being performed under Task Order No. HSHQDC-16-F-00092 with ACT I, which is set to expire on April 30, 2020. Due to unique organizational delays in issuing a follow-on award, an extension via a bilateral modification is necessary to prevent a gap for these critical services until a new award can be made. Total extension value is as detailed below:

Period Unite Price Total 3 Month Extension 3 Month (Optional)

Total:

4. Indentification of Authority:

___X____FAR 16.505(b)(2)(i)(C). The order must be issue 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:

Rationale:

The newly formed CISA/CSD organization is the nation’s risk advisor, working with partners to defend against today’s threats and collaborating to build more secure and resilient cyber landscape. As the new CISA/CSD organization continues to be developed and built, JEFO No.: FY20-0079 Rev. 2/5/2015 - 2 -reorganizations occur, priorities shift and new requirements emerge that have caused organizational delays in the development of the updated requirements documents for the follow-on budgeting, finance and acquisition support services award. The primary activities of this current requirement include, but are not limited to, acquisition and? program management support in accordance with DHS Management Directive (MD) 102-01, procurement planning, and execution of CISA/CSD requirements. Although much headway has been made on the re-competition of this follow-on requirement including acquisition plan approval and solicitation development, an extension bridge on the current task order is still necessary to ensure continued operations for these critical budget and acquisition services supporting CISA/CSD. A lapse in service will jeopardize the execution of the entire CISA/CSD budget for the remainder of FY20 and FY21. Contract support is needed for the preparation of procurement documents, contract and budget support.

The six-month extension bridge (split into two 3-month options) must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to the current task order with ACT I. No market research was conducted for the extension, since no other vendor except the incumbent can continue to provide the services on a short-term basis considering the current status of the recompete and the required EOD process. The original task order was competitively awarded to ACT I from a fair opportunity using the General Services Administration’s (GSA) One Acquisition Solution for Integrated Services (OASIS) Indefinite Delivery / Indefinite Quantity (IDIQ) Government-wide Acquisition Contract (GWAC) vehicle.

Because ACT-I has been providing the same scope of these comprehensive budgeting, finance and acquisition support services since 2016, it is the most logical in terms of economy and efficiency for the same vendor to continue these services for the next six months to bridge the gap until the new order is awarded and the new contractor is onboarded to provide these critical services. This extension bridge covers EOD and a transition-in period is not currently planned.

There will also be considerable cost savings to the Government due to the continuity of operations and savings in administrative costs by not re-soliciting the requirement for the limited, six-month extension bridge. This will also save the Government time and resources not having to onboard new contractor personel with DHS Suitability as well as technically train the new contractor on DHS processes and procedures for such a limited, six-month timeframe. Overall, utilizing full and open competition for the bridge extension is not in the best interest of the Government because it would cause a service disruption to budget and acquisition processes which would be detrimental to CISA/CSD in fulfilling mission requirements.

5. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable: The Contracting Officer determines that the anticipated pricing will be fair and reasonable based on analyzing ACT-I proposed labor rates against an average of three similar GSA OASIS vendors’ rates, as well as examining the escalation of the rates compared to the current ACT-I option period.

6. Any other facts supporting the justification: HSHQDC-16-F-00092 is currently being competitively recompeted on GSA OASIS Pool 1 Small Business. The Acquisition Plan was

JEFO No.: FY20-0079 Rev. 2/5/2015 - 3 -approved on March 10, 2020. The solicitation is currently under review, with a release date of late April; a virtual pre-proposal conference is also being organized. The estimated award date is July 10, 2020.

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. The extension request via a bilateral modification includes two 3-month option periods. This is a safeguard that was considered in the event that the new competitive procurement is not awarded by July 10, 2020. If this is the case, the second 3-month option could be exercised to prevent a gap in service. The new competitive procurement will also include and evaluate FAR Clause 52.217-8 pricing prior to award to avoid any future gaps in services.

8. DHS intends to post this requirement on FedBizOpps pursuant to FAR 16.505(b)(2)(ii)(D).

9. Technical/Requirements Personnel Certification.

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.

Technical Representative/COR Date

Technical Representative/COR Supervisor 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.

Contracting Officer Date

JEFO No.: FY20-0079 Rev. 2/5/2015 - 4 -

11. Approval.

I hereby determine that the circumstance in FAR 16.505(b)(2)(i)(C) applies.

Procuring Activity Advocate for Competition Date