PCCA-23-00166_JEFO_Redacted.pdf

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

JEFO No.:

Date: July 24, 2023 PR Number: PCCA-23-00166

1. Agency and Contracting Activity. Identification of the agency and the contracting activity, and specific identification of the document as a “Justification for an Exception to Fair Opportunity.”

The Department of Homeland Security, Cybersecurity and Infrastructure Security Agency Chief of the Contracting Office (CISA COCO), prepared this justification for an exception to fair opportunity. The current contract was awarded to support the business process alignment, organizational analysis, training support, change management, and strategic planning support of the CISA 2020 transformation in response to The CISA Act of 2018, which created the Cybersecurity and Infrastructure Security Agency (CISA).

CISA Leadership in FY22 created an independent procurement organization within the new CISA organization structure to standardize CISA-level procurement policy, training, and oversight. The scope of this requirement includes organizational change management, training, and strategic planning support necessary to continue implementing the new procurement office structure and mature the staff during the transformation. This includes familiarization for new hires that have joined the Agency over the past year.

Under the current order (70RCSA21FR0000062), CISA has leveraged support for transformation efforts across business lines on processes and supported the change management effort through supporting various initiatives such as business process documenting, supporting the stand up of sustainment activities such as COR Community of Practice. As CISA has continued to increase in size and budget authority, additional requirements needed to be included in transformation efforts such as CISA Strategy and Policy, IT realignment, Transition of functions from DHS HQ to CISA, that required additional support across business lines.

As the CISA Transformation is still in progress, CISA requires continued support from the current contractor for one more year to support completing the stand up of critical activities.

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

CISA intends to modify the existing contract with Micro Systems Consultants, task order number 70RCSA21FR0000062 to extend the period of performance for one-year to continue the Procurement Organization and Policy Support for OCAE. The period of performance for this extension is August 18, 2023, through August 17, 2024.

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

The estimated cost for this extension is $ , for 12 months.

As the CISA Transformation is still in progress, CISA requires continued support from the current contractor for one more year to support completing the stand up of critical activities as follows:

Complete analyzing current procurement operations across business lines to clarify functions and requirements with the goal of reducing/eliminating redundancies, inconsistencies, and identifying gaps in procurement operations, processes, systems, governance, organization, and information flow.

Studying CISA’s growing structure and changing work force to develop a flexible plan that delivers timely information and training to Contracting Officer Representatives, Program managers, and Technical point of contacts in a virtual environment.

Developing an implementation plan and schedule with a regular yet flexible cadence that includes, at a minimum, milestones, metrics, and evaluation factors.

o Develop materials needed to deliver the content required to support the implementation plan.

o Facilitate Agency wide meetings as needed in support of these efforts

Upon the completion of this next period of performance, CISA expects to have fully implemented the above requirements and, if necessary, would pursue a new competitive contract to support continued sustainment activities if there is a need for support, which is unlikely.

Without a continuation of services, CISA would risk failing to fully implement these important changes, increasing the risk that CISA sustainment efforts would fail to support CISA transformation efforts.

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.

FAR 16.505(b)(2)(i)(A). The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

FAR 16.505(b)(2)(i)(B). Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

X FAR 16.505(b)(2)(i)(C). The order must be issued 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.

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FAR 16.505(b)(2)(i)(D). It is necessary to place an order to satisfy a minimum guarantee.

FAR 16.505(b)(2)(i)(E). For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source.

Rationale:

The current contract was awarded to support the business process alignment, organizational analysis, training support, change management, and strategic planning support of the CISA 2020 transformation as CISA began the process to establish standalone functions in Contracting, OCIO, Security, and CFO.

Under the current contract, CISA has leveraged the contract to support the transformation efforts across business lines on processes and supported the change management effort through supporting various initiatives such a business process documenting, supporting the stand up of sustainment activities such as COR Community of Practice. As CISA has continued to increase in size and budget authority, additional requirements needed to be included in transformation efforts such as CISA Strategy and Policy, IT realignment, Transition of functions from DHS HQ to CISA, that required additional support across business lines.

Without a continuation of services, CISA would risk failing to fully implement these important changes, increasing the risk that CISA sustainment efforts would fail to support CISA transformation efforts.

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

The Contracting Officer will determine at the time of the modification that issuing the extension for the Procurement Organization and Policy Support services represents the best value, which will result in the lowest overall cost, considering price and administrative costs, to meet the Government’s needs. The General Services Administration (GSA) has already negotiated and determined fair and reasonable prices. Proposed prices will be compared with the Independent Government Cost Estimate, which was established using prices obtained through market research.

This will allow the Contracting Officer to determine that the anticipated cost to the Government will be fair and reasonable. Furthermore, prices were determined fair and reasonable on the base indefinite-delivery indefinite quantity (IDIQ) awards.

Certified cost and pricing data are not required under this procurement in accordance with FAR 15.403-1(b)(3), as a commercial item is being acquired.

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.

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The vendor is a Service-Disabled Veteran-Owned Business on the HCaTS strategic sourcing vehicle. Upon the completion of this next period of performance, CISA expects to have fully implemented the above requirements and would pursue a new competitive contract to support continued sustainment activities if necessary.

8. CISA intends to post this justification on SAM.gov pursuant to FAR16.505(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

10. Contracting Officer Certification and Approval * 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.

Date Contracting Officer

11. Approval.

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

Date Procuring Activity Advocate for Competition