JEFOFY2300228_Redacted.pdf

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

JEFO No.: FY23-00228 - 1 -

JEFO No.: FY23-00228

Date: June 29, 2023 PR Number:

1. Agency and Contracting Activity. The Department of Homeland Security (DHS), Office of Procurement Operations (OPO), Federal Protective Service (FPS), Acquisition Division (AD) proposes to extend the performance period of Task Order HSHQEH-17-F-00031, with Guidehouse Inc., for financial, revenue, accounting, budgeting, and other analytical activities considered mission critical in support of the Federal Protective Service (FPS) Financial Management Operations (FMO) division with a justification for an exception to fair opportunity.

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

FPS AD intends to extend the performance period of Task Order HSHQEH-17-F-00031, issued against One Acquisition Solution for Integrated Services (OASIS) Contract Number GS00Q14OADU208 with Guidehouse, Inc., 1676 International Drive, Suite 800, McLean, VA 22102 for four months pursuant to FAR 16.505(b)(2)(i)(C). The current task order will expire on June 30, 2023. The follow-on procurement was competitively solicited and awarded on June 1, 2023; however, a timely protest of task order award was filed with the Government Accountability Office (GAO) on June 12, 2023. As a result of this protest, a stay of performance of the newly awarded task order is required. As such, this extension will allow critical services to continue and provide time for GAO to render its decision and provide transition time for the new vendor. The requested extension period is for a four-month period beginning on July 1, 2023 and ending on October 31, 2023.

3. A description of the supplies or services required to meet the agency’s need (including the estimated value).

The subject requirement is for financial, revenue, accounting, budgeting, and other analytical activities considered mission critical. TORFP 70RFP322REH0000008 was issued to all forty

(40) Vendors under OASIS SB, Pool 2, contract holders. A total of eight proposals were received in response to Phase I of the solicitation. Four of those vendors participated in Phase II of the solicitation. On June 1, 2023, award was made to St. Michael’s under TO 70RFP323FRE300013 in the amount of $37,601,451.82 for Financial and Revenue Management support services for the Federal Protective Service for the period 07/01/2023 - 06/30/2028. On Monday, June 12, 2023, a timely GAO protest was filed by Advanced Concepts and Technologies, International, LLC (ACT I) resulting in a suspension in performance of the awarded task order by the Contracting Officer pursuant to FAR 33.104(c)(1). GAO has until September 20, 2023, to review the case and render its decision. In the interim, continuation of services is required. This action will result in a modification to extend the task order for four (4) months to allow time for GAO to render its decision and allow a 30-day transition period to the new vendor. The total value of this extension is $1,388,998.24.

JEFO No.: FY23-00228 - 2 -

4. Identify the exception to fair opportunity and supporting rationale, including a demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the exception cited.

____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 Contracting Officer determines a logical follow-on is necessary to continue to provide these services without a break in services. The current order was competed amongst the OASIS contract holders and fair opportunity was provided to all contract holders. The scope of work remains unchanged for the extension, and the period of performance for the extension is of such a short duration it logically follows as an extension of current services especially given the criticality of these services. A D&F was approved by the Procuring Activity Advocate for Competition to exercise the option under FAR 52.217-8 in order to complete the competitive procurement process and ensure a seamless transition to the new follow-on order. As the six month option under 52.217-8 has been exhausted, FPS AD finds it necessary to request approval for an additional four months of service as a GAO protest of the award was filed timely which resulted in a suspension of performance under the new task order. The services are mission critical. The budget and financial analysts are closely integrated in the overall support of financial, revenue, accounting, budgeting, and other analytical activities. A gap in services will not be acceptable as it will cause a significant disruption and potential costs to the Government across the Financial Management Operations Division and severely degrade FPS' ability to sustain such programs and meet its mission. The loss of contractor support personnel’s knowledge and participation on key programs may impact continuity to keep the programs running effectively. A new firm cannot immediately replace the existing personnel without a significant and severe drop in overall financial management operations. Furthermore, a new vendor would be required to have its personnel cleared through a suitability process which may take anywhere from 30-90 days. Accordingly, no other vendor is capable of performance on July 1, 2023. A break in the services required would result in unacceptable delays and potential mission failure of the Financial Management Operations Division.

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

The task order extension will be issued at similar rates for the most recent performance period that were previously determined to be fair and reasonable at time of award based on adequate price competition. The following is a comparison of the current rates and the rates proposed by Guidehouse to continue performance under this extension.

JEFO No.: FY23-00228 - 4 -services must continue with Guidehouse as it is the only vendor capable of providing services on July 1, 2023.

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 follow-on task order for this effort provided fair opportunity under OASIS Small Business and was competitively awarded. This requirement is for the sole purpose of issuing a modification to continue Financial and Revenue Management support services under Task Order HSHQEH-17-F-00031 until the GAO protest has been resolved and the awardee can properly transition in order to start performance. It is essential that services continue without interruption to support the mission critical functions of the Financial Management Operations Division.

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