Limited-Sources Justification for actions exceeding the SAT (Support Services - Redacted).pdf

U.S. Customs and Border Protection Limited-Sources Justification (LSJ) - FAR 8.405-6

For orders or BPAs exceeding the Simplified Acquisition Threshold (SAT)

Date: _2/26/2020 PR Number: 20118290

This acquisition is conducted under the authority of the Multiple-Award Schedule Program, 41 U.S.C.

152(3), Competitive Procedures, and 40 U.S.C. 501, Services for Executive Agencies.

1. Agency and Contracting Activity. Identification of the agency, contracting activity, and specific identification of the document as a “Limited-Sources Justification.”

The Department of Homeland Security (DHS), Customs and Border Protection, Office of Finance, proposes to award an order pursuant to FAR 8.405-6(a), Limiting Sources. The award will be made by the Office of Acquisition, Administration and Facilities Contracting Division.

2. Nature and/or description of the action being approved. Describe the action being approved, and include the name and address of the proposed contractor(s).

Pursuant to FAR 8.405-6(a), DHS/CBP intends to limit the number of sources solicited for the procurement of essential support services until the follow-on competitive action is awarded.

The period of performance for the current task order expires on March 16, 2020. The Government requires an additional six (6) months of performance to complete the competition and also account for a potential transition period. The six month extension period will be executed through a bilateral modification under the authority of FAR 52.217-8 Option to Extend Services.

The estimated value of the extension period of performance of 3/17/2020 through 9/16/2020 is $XX,XXX,XXX.XX. The proposed contractor for the task order is Grant Thornton LLP, 333 John Carlyle St, Suite 500, Alexandria, VA 22314.

3. Description of Supplies/Services. Describe the supplies or services to be acquired.

Provide the estimated total value (including options, if any).

The Investment Analysis Office (IAO) is currently engaged in multiple highly visible projects at the direction of CBP senior leadership. These critical projects support high-level initiatives across all facets of the agency. The uninterrupted support of these projects is essential to the continued success of the agency. IAO projects include Agency initiatives such as operational data analytics, process mapping and analysis, business process redesign, and model development. High-level projects examples include:

• Operations Support (OS) CBP STAT Analytics and Reporting

• U.S. Border Patrol (USBP) Incident Driven Video Recording System (IDVRS)

• Office of Finance (OF) Budget Formulation and Strategic Communications support

• Office of Accountability (OAct) Performance Management

• Trade Transformation Acquisition Planning support

Version 1.0 September 2016

September 2016 Version 1.0

• Office of Field Operations (OFO) Preclearance Analytics

• Automated Commercial Environment (ACE) Collections

• Office of Trade (OT) Risk-Based Bonding Initiative

• HRM analytics and dashboard solutions environment

• Revenue Modernization

• OS Enterprise Analytics support

• OF Budget Payroll Projection

• Merchandise Processing Fee (MPF) Costing and Analysis

• OT 21st Century Customs Framework

• USBP Fleet Management Analysis

Period of Performance Total

3/17/2020 – 9/16/2020 $XX,XXX,XXX.XX

4. Authority and supporting rationale. Select one of the circumstances justifying limiting sources pursuant to FAR 8.405-6(a)(1)(i) below and demonstrate the proposed contractor’s unique qualifications to provide the required supply or service.

• FAR 8.405-6(a)(1)(i)(B) Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized.

After a full and open competition, award, GAO protest, corrective action and subsequent new award all during FY18, a second protest was filed with GAO on September 21, 2018. In response to the protest, CBP pursued another corrective action by convening a new Technical Evaluation Team (TET) and Source Selection Authority (SSA). Ultimately, the corrective action did not result in a source selection decision or award. The decision was made to cancel the solicitation and re-solicit the requirement after making updates to the requirements documents and with plans to use more efficient DHS Procurement Innovation Lab strategies to make award.

This action bridges the possible gap in services between cancellation of the current solicitation and the new FY20 BPA. CBP intends to issue a new solicitation March 2020 with a July 2020 award. The proposed contractor is currently providing critical support on multiple projects at the direction of CBP senior leadership. Continuity of operations of these projects is critical to the agency's success. A gap in services would unnecessarily delay and jeopardize the agency's mission through these and related projects.

IAO provides support to high-level priorities such as CBP STAT, risk- based bonding, and many others. In addition, IAO assists entities across all components of the agency including organizational redesign of the Trade workforce and numerous component- specific priorities.

The IAO fills a critical role in responding to the increase in the demand for analytics from all levels of CBP leadership.

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For orders or BPAs exceeding the Simplified Acquisition Threshold (SAT)

As a result of the protests and delayed award, TAO had to scale back support for planned initiatives and pursue a limited bridge strategy to provide CBP with the services it needs, while the protest is resolved.

The current bridge task order is expiring and TAO must continue the support of Agency critical initiatives for CBP leadership. These initiatives include providing daily and ad hoc interdiction reporting requirements to senior leadership through the CBP STAT; developing an integrated revenue collection system to replace a +30 year-old COBOL system, Automated Commercial System, with a module in the Automated Commercial Environment (ACE); providing expertise in support of important Trade initiatives such as Risk Based Bonding; reducing manual revenue collection at the ports of entry (POEs) through the Revenue Modernization program along with other projects Agency-wide.

Without a task order, CBP will be unable to accomplish these critical, high-level initiatives. A break in service would be detrimental to the on-going efforts and success of the Agency and must be avoided. The prompt turnaround of accurate and defensible analytical products combined with minimum lag time, usually no more than two weeks, to begin work requires the continued support of the incumbent Contractor until a new award is made and the protest period has passed. The additional six (6) months will enable CBP to support these critical projects with dedicated resources, while approaching a new BPA award and transitional period (30-60 days, if necessary).

The incumbent Contractor has a superior level of expertise and knowledge of the CBP initiatives necessary to provide the services, including deliverables, to meet immediate Agency priorities. They have a cadre of cleared individuals that bring the necessary skill sets i.e., xxxxxxxx xxxxxxxxxxx xxxxxxxxx, xxxxx xxxxxxxxxxx, to ensure the successful delivery with the least amount of risk. The introduction of another provider will result in delay in critical deliverables due to on- boarding of qualified, cleared personnel and significant learning curve. The impact will be an extraordinary level of risk to CBP and degradation of critical services.

This requirement is not due to a lack of planning nor expiration of funds. Rather, this requirement is driven by the CBP Commissioner’s priorities as well as those of the Executive Assistant Commissioner of Enterprise Services and is a direct result of multiple protests filed with GAO over the last year and half.

Continuation of these initiatives and those related to Agency priorities without interruption is essential for the Agency’s continued success.

5. Determination by the ordering activity contracting officer that the anticipated order represents the best value consistent with FAR 8.404(d).

The Contracting Officer has determined that the price is fair and reasonable based on the existing rate schedule in the current award. This schedule was subject to full and open competition under the last award in September 2018 on the GSA Professional Services Schedule.

6. A description of the market research conducted among schedule holders and the results, or a statement of the reason market research was not conducted.

The GSA Professional Services Schedule was determined to be the best vehicle for the competition based on analysis of strategic sourcing vehicles available at the time of the competition. Additional market research was conducted for the competition of this award. The research of companies, capabilities and prices for the current contract are still in line with competitor firms.

Continuity of operations of these projects is critical to their success. A stop in services would unnecessarily delay and jeopardize these and related projects. CBP is seeking the task order to allow sufficient time for the agency to re-solicit the requirement and make award. Currently, a Request for Quotation for the new award is in the review and approval process, which once completed will be issued competitively.

7. Any other facts supporting the limited-sources justification. Additional facts may be stated in this section. If there are no additional facts, you must state that here.

The requirement for this task order precludes efforts to enhance competition. The requirement is

Technical Representa tive/CO for a task order to allow the awardee to continue critical support to CBP leadership while the agency solicits and awards a BPA.

8. A statement of actions, if any, the agency may take to remove or overcome any barriers that led to restricted consideration (i.e., limited-sources) before any subsequent acquisition for the supplies or services is made. Include a statement of actions taken or that will be taken to increase competition for future acquisitions of the same item/service (e.g., the government intends to revise overly restrictive technical specifications, acquire data rights, or pursue some other means to increase future competition). Posting requirements may also be addressed here or in #9 below.

A BPA awarded after competition under the GSA Professional Services Schedule was issued in September 2018. A corrective action was ultimately not successful and as a result, CBP will re-solicit the requirement and make award in the third quarter of FY20 against this requirement.

10. Technical/Requirements Personnel Certification:

Pursuant to FAR 8.405-6(c)(2)(x), I certify that this requirement meets the Government’s minimum need and that the supporting data, which form a basis for the Limited-Sources Justification, are accurate and complete.

3/4/2020 Date

11. Contracting Officer Certification and/or Approval: *

Pursuant to FAR 8.405-6(c)(2)(ix), I certify that the Limited-Sources Justification is accurate and to the best of my knowledge and belief.

Digitally signed by XXXXX

XXXXXXX

Date: 2020.03.04 14:57:22 -05'00'

Contracting Officer

03.04.2020 Date

*Note: In accordance with FAR 8.405-6(d)(1) for BPAs with an estimated value exceeding the simplified acquisition threshold, but not exceeding $700,000, the ordering activity contracting officer’s certification that the justification is accurate and complete to the best of the ordering activity contracting officer’s knowledge and belief will serve as approval.

12. Chief Counsel Review (Per HSAM 3006.304-70 – Above the SAT)

SEE THE FILE FOLDER TO CAPTURE THE DATE THAT THE LEGAL REVIEW WAS COMPLETED

Xxxxx Xxxxxxx

► LSJ Approvals:

13. COMPETITION ADVOCATE (Per FAR 8.405-6(d)(2) - Above $700,000)

Approved Disapproved

Name (Print):

Competition Advocate

XXXXXXX X

Signature:XXXXXXXXX Digitally signed by XXXXXXX X

XXXXXXXXX

Date: 2020.03.13 07:28:23 -07'00' Date: