JOFOC Comprehensive - Redacted.pdf

Treasury Standard Form – 1013 (Rev 5/18)

Prescribed by Treasury: DTAP 1013.501 Tracking No.

DEPARTMENT OF THE TREASURY

SF 1013 - JUSTIFICATION & APPROVAL FOR FAR SUBPART 13.5 SOLE SOURCE

(INCLUDING BRAND NAME) ACQUISITIONS

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

The requiring activity is the IRS Research Applied Analytics & Statistics (RAAS) Strategy & Business, Service-wide Policy, Directives and Electronic Resources (Spder) and the contracting activity is IRS Procurement, Office of Business Solutions Support, Support Contracts Branch.

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

The purpose of this sole source justification is to obtain approval to award a bridge contract for six months providing continued services while the GAO protest and transition process is completed. The contract will be Firm-Fixed Price to Thomson Reuters-Westlaw for electronic research services, specifically Comprehensive Research Services. The period of performance will be for three (3) months with three

(3) one-month options starting from date of award through January 2021. The previous contract ended on June 30, 2020.

2.b Name of the vendor. Thomson Reuters-Westlaw 2.c Requisition No.: 5000102693 2.d Bridge contract: ☒ Yes ☐ No 2.e Brand name: ☐ Yes ☒ No 3.a A description of the supplies or services required to meet the agency’s needs:

The proposed acquisition is to acquire ongoing access to online Comprehensive Research Services for employees throughout the IRS and Treasury. Services are required for up to 20,000 users.

The Comprehensive Research Services contains tax information, legal and administrative content, judicial decisions and news and business sources.

The intended use of the product is to conduct a full analysis of tax returns as part of an audit, collection and or taxpayer assistance process. It ensures improved quality of cases allowing the legal department to research information related to their cases.

These services are vital in helping Customer Service Representatives service taxpayers. The research services also assist with researching personnel and labor laws, conducting statistical and trend analysis, research associated with tax administration and identifying new trends. Chief Counsel utilizes these in support of their role as legal advisor to the IRS Commissioner on all matters pertaining to the interpretation, administration and enforcement of the Internal Revenue laws, as well as all other legal matters.

3.b Includes IT: ☐ Yes ☒ No

3.c IGCE/Estimated dollar value: $2.8M

4. Identification of the authority being used (Check the box that applies):

☒ 41 U.S.C. 1901 – Simplified acquisition procedures.

□ 41 U.S.C. 1903 – Special emergency procurement authority.

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited:

A GAO protest was received; therefore, the current contract award must be placed on hold until it is resolved. Due to the adverse impact of not having services, continuation of services will be provided through a bridge contract to the prior contractor.

http://www.gpo.gov/fdsys/granule/USCODE-2011-title41/USCODE-2011-title41-subtitleI-divsnB-chap19-sec1901 http://www.gpo.gov/fdsys/granule/USCODE-2011-title41/USCODE-2011-title41-subtitleI-divsnB-chap19-sec1903

6. A description of efforts to ensure that offers were solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by FAR subpart 5.2 and, if not, which exception under FAR 5.202 applies:

The initial procurement for these services were the result of a competition. However, due to a GAO protest being received on the current competitive award and as stated in Section 5 and Section 9, the Government is unable to solicit sources at this time.

The Government has and will continue to seek competition for these services in the future for subsequent acquisitions.

7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable:

The Contracting Officer determines that the anticipated price(s) will be fair and reasonable based on a comparing the proposed prices received from the prior competitive award and contractor’s response to the current competitive solicitation being protested.

8. A description of the market research conducted (see FAR part 10) and the results or a statement of the reason market research was not conducted:

Market research was not conducted as this is to obtain approval of a bridge contract for continuation of electronic research services due to a GAO protest. Market research was conducted on the initial award and the Government will continue to seek competition on subsequent requirements. SF1010 was signed 7/15/2020.

9.a Any other facts supporting this justification:

The GAO protest adversely affects approximately 23,000 IRS employees inclusive of approximately 2,000 Chief Counsel employees, in addition to, approximately 500 Treasury employees. If there is a lapse in service, it will have a significant negative impact on the agency’s ability to carry out its mission to provide America’s taxpayers top quality service by helping them understand and meet their tax responsibilities and by applying the tax law with integrity and fairness to all. Employees may be unable to make informed decisions on their cases, provide legal justification for collecting taxes, provide technical guidance to taxpayers, make appearances before the Tax Court and other forums or support the Justice Department in tax litigation issues.

The protest occurred less than two weeks from the Individual and Business Taxpayer filing deadline which is July 15, 2020. All IRS Taxpayer Assistance Centers (TACs) had been closed due to the Covid-19 pandemic. The IRS recently began reopening the TACs ahead of filing deadline. A phased approach was deployed for the reopening of the TACs with the first opening on June 30, 2020 and the next scheduled for July 13, 2020. Failure to provide critical services would negatively impact the IRS’ ability to service taxpayers. Employees servicing practitioners and working technical gateways will not have access to research tools to provide informed options.

Chief Counsel employees currently working from home do not have access to paper research services. Online access to research tools is essential to providing legal guidance and interpretative advice to the IRS, Treasury and taxpayers and to support the Justice Department in ligation involving tax issues. It also impacts

Procurement with assistance with protests, legal determinations and reviewing contractual documentation for legal sufficiency.

9.b Attachments: ☐ Yes ☒ No

10. A listing of sources, if any, that expressed, in writing, an interest in the acquisition:

N/A

11. A statement of the actions, if any, the Requiring Activity or Contracting Activity may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required:

A full and open competition was conducted under Solicitation 2032H8-19-R-00003 and two IDIQ contracts were awarded. The awards are currently under GAO protest.

This bridge is simply to allow continuation of services during the protest period and avoid a gap in services. As a result, approval of the sole source provides the Government the necessary time to complete this process.

12. Certifications and Approvals:

12.a Program Office certification (Requiring Activity). I hereby certify that any supporting information and data provided, which form the basis for this justification, are accurate and complete to the best of my knowledge and belief

Name: James R Bolling Jr Date: 07/15/2020

James R. Bolling Jr. Digitally signed by James R. Bolling Jr.

Signature: Date: 2020.07.15 15:53:25 -04'00'

12.b Contracting Officer certification and approval. I hereby determine the circumstances of this acquisition support the justification to acquire the item(s) on a sole source (including brand name) basis under the authority of FAR subpart 13.5. I also certify this justification 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 this justification.

Name Ann P Montague Date: 7/15/2020

Ann P. Montague Digitally signed by Ann P. Montague

Signature: Date: 2020.07.15 16:06:25 -04'00'

13. Additional Reviews and Approvals (As applicable):

13.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:

13.b Advocate for Competition (if over $700,000, but not exceeding $13.5 million) (Contracting Activity). I have reviewed this justification 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 Advocate for competition, I hereby approve this justification.

Name: Date yook

Charles K. Yook Digitally signed by Charles K. Yook

Signature: Date: 2020.07.16 10:22:29 -04'00'

13.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 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.

Name: Date:

Signature:

13.d Treasury Chief Information Officer (for IT requirements that are over $68 million).

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.

Name: Date:

Signature:

13.e Senior Procurement Executive (if over $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. Therefore, as the senior procurement official, I hereby approve this justification.

Name: Date:

Signature: