J-and-A-Exception-to-Fair-Opportunity-(HHS-PGI-FAR-16_505)_ICAM_SiS_and_Operational_Support.pdf

PDF 3 MB Posted Oct 30, 2019

Attached to: ICAM SiS and Operational Support
Solicitation number: PSC249578
Issued by: Department of Health and Human Services Program Support Center

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Please see attached Justification for an Exception to Fair Opportunity

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Template for a Justification for an Exception to Fair Opportunity

This template is not for use (i) with small business set asides in accordance with FAR 16.505(b)(2)(i)(F), nor (ii) for Federal Supply Schedule contracts awarded pursuant to FAR 8.4. See FAR Subpart 16.5 for additional guidance.

Tailor all aspects of this template to the individual acquisition. Consult FAR 16.505 for guidance. An addendum may be added in case additional space is needed.

When this document is printed, the blue italic instructions are automatically deleted on the printed version.

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

Acquisition Title: ICAM SiS and Operational Support

Agency: PSC

PSC Divisions: ASA - Assistant Secretary for Administration

Acquisition Year (FY): 2020

Author: Marcia Levin

2. Description of Action:

Nature: New Requirement Follow-on Order

Modification to Existing Delivery/Task Order/Contract Number: HHSN316201200018W/HHSP233201800007W

Order Against: Multiple Award ID/IQ Contract Number:

Pricing: Firm-Fixed Price Time & Materials Cost Type

Funds: OMA Other Funds:

3. Description of Applicable Contract Provisions:

Summarize all contract provisions relevant to this determination.

Section B and C

4. Description of Supplies or Services:

The estimated value of the proposed action, including all options, is: $ 10,065,952.93

Briefly describe the supplies or services to be provided, including make & model number where appropriate.

• Indicate whether the item to be procured is peculiar to one manufacturer (e.g., a particular brand name, product, or a feature of a product, peculiar to one manufacturer).

• If applicable, include quantities of supplies or period of performance for services. Provide information for any options included in the order.

• If the action is a modification to an existing order, distinguish clearly between the work covered by the basic order and the work to be obtained by the proposed modification; provided that if the action is to extend an existing order utilizing the -8 extension of services clause, this must be discussed.

This is a modification to an existing order. The modification will extend the period of performance for the existing order that expires on September 30, 2019. The period of performance for the extension is from October 1, 2019 – March 31, 2019.

The services required under this modification include providing uninterrupted and continuous support for the legacy HHS end-to-end solution to comply with Federal Identity, Credential and Access Management (FICAM) requirements and complete in-flight integration activities and security updates for the system to complete the Authority to Operate update process. The period of performance for the existing order, including the six month continuity of services period permitted under FAR 52.217-8, ended on September 30, 2019. The agency recognizes its duty to promote competition and to adequately plan for competition. On March 27, 2019 PSC issued a competitive solicitation for these services.

5. Authority and Rationale:

The Contracting Officer shall give every awardee a fair opportunity to be considered for a delivery/task order exceeding the micro purchase threshold unless one of the following statutory exceptions applies. FAR 16.505(b)(2). Mark the applicable exception:

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)(A)];

Factually establish the urgent need, provide the required performance/delivery schedule, address the lead-time involved, address why other contractors cannot fulfill the government’s needs, and explain the harm/serious injury that will come to the government if the justification is not approved.

The Agency has an urgent need for Deloitte Consulting LLP to provide uninterrupted and continuous support for the legacy HHS end-to-end solution for the continued implementation of Homeland Security Presidential Directive 12 (HSPD-12). This need merits immediate attention because without Deloitte’s continued support on October 1, 2019, all HHS Identities and certificate authentication mechanisms for the entirety ceases operation. Every HHS related website to all internal and external consumers will become inaccessible. The architecture and engineering backbone of the ITIO platform has numerous dependencies upon Deloitte's managed connectivity that without their support, HHS will become completely non-operational. A new integrator will have to go through extensive requirements gathering, development, and testing in order to try and connect their solution with the many systems Deloitte has already integrated HHS-wide. Deloitte Consulting LLP is the only contractor with the ability to support the issuance of the HSPD-12 PIV cards as well as the enterprise simplified sign on and supporting systems currently configured and deployed at HHS. The current system being used was built and is owned by Deloitte, the data belongs to HHS. Transition of information stored within the current CMS to another solution will require unproven and potentially unattainable mapping to preserve management of issued cards. Due to this difficulty, service providers may need to completely replace issued cards at lifecycle events such as certificate update and pin reset.

Additional risks include; extensive data migration or full cardholder re-enrollment to support on-going PIV renewals and card replacements, risk of migrating Card Management private keys to another service providers Hardware Security Module (HSM) for continued issuance of existing blank cardstock, and potentially the need to establish an offline mechanism to preserve non-repudiation and chain of trust of enrollment and issuance records including cardholder acceptance agreements. Deloitte Consulting LLP has the expertise and knowledge required to ensure that no interruption in services would occur minimizing change management with HHS users, the need for OpDivs to build HSPD-12 Secure Card Management System interfaces and retrain staff, minimizes Privacy and Security concerns in migrating sensitive Personal Information to another system, and lowers overall risk to HHS.

Only one awardee 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 [FAR 16.505(b)(2)(i)(B)];

Explain what is unique or highly specialized about the supply or service, what level of quality is required and why only the specified contractor can meet the requirement. If the requirement is an item peculiar to one manufacturer, justify the restriction to the item peculiar to one manufacturer.

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 [FAR 16.505(b)(2)(i)(C)];

Provide the original order number and explain why it is a logical follow-on to an order already issued under the contract, for example, in terms of scope, period of performance or value. Describe the process by which all awardees were given a fair opportunity to be considered for the original order. Specify how recent the previous competitive order was and the number of times this exception has been used; discuss why the specific requirement continues and why it is to the benefit of the Government for the particular contractor to continue this work.

It is necessary to place the order to satisfy a minimum guarantee [FAR 16.505(b)(2)(i)(D)]; or When citing exception to the fair opportunity process under FAR 16.505(b)(2)(iv), identify the contract clause and language that specifies the minimum guaranteed amount.

A statute expressly authorizes or requires that the purchase be made from a specified source. [FAR 16.505(b)(2)(i)(E)].

Provide a citation to the statutory authorization and a brief description of its content, or identify the specified source or other agency.

6. Agency Actions to Take or Remove Barriers That Led to Fair Opportunity Exception (If applicable):

Describe the actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration prior to any subsequent acquisition for the supplies of services is made. If no such actions have been taken, explain why.

The follow-on contract has been solicited using competitive procedures and is in the evaluation phase of the acquisition process. The Government anticipates awarding a multiple award IDIQ in January 2020.

7. Fair and Reasonable Price/Cost Determination: I hereby determine that the anticipated price/cost for this contract action will be fair and reasonable.

Insert a description of the techniques and applicable FAR provisions (e.g. FAR 15.404-1(b)) used to ensure award will be at fair and reasonable cost. For example, did the Contracting Officer use a comparison of industry cost for similar work? The Independent Government Cost Estimate (IGCE) will primarily be an analysis of the contractor’s proposed cost. Additionally, the techniques identified at (e.g. FAR 15.404-1(c)(2)(iii)) will be used to further ensure award will be at fair and reasonable prices. In addition, specify whether or not Certified Cost and Pricing Data will be obtained.

Deloitte Consulting, LLP is a NITAAC contract holder under CIO-SP3. Rates established by NITAAC have already been determined fair and reasonable and a price analysis will be conducted to ensure the proposed rates are consistent with those on Deloitte's approved NITAAC contract. Further, the price analysis will consider the level of effort, labor mix, and material cost to ensure it is appropriate for the work to be performed, as well as historical information on prices previously paid.

Signature: Date: 10/30/2019

Name: Cassandra Ellis

Title: Contracting Officer

8. Any other facts supporting the justification:

The competitive award will not be in place by October 1, 2019 as proposals submitted in response to the solicitation are being evaluated by the Government.

9. Technical / Requirements Certification: By my signature below, I certify that the supporting data under my review which is included in this Justification for an Exception to Fair Opportunity is accurate and complete.

Program Manager

Name: Marcia Levin

Position Title: Director, ISBS and HSPD-12 Program Manager

Email address: marcia.levin@psc.hhs.gov

Phone: 301-492-4235

Program Manager Supervisor (or one level above Program Manager)

Name: Tim Brown

Position Title: Deputy Director, RLO

Email address: tim.brown@psc.hhs.gov

Signature:

Date: 10-30-2019

10. Contracting Officer's Approval (Required for proposed contract not to exceed $700,000 (value calculated including all options)): I hereby certify that this justification is accurate and complete to the best of my knowledge. I approve this sole source justification subject to availability of funds, and provided that the services and supplies herein described have otherwise been authorized for acquisition.

Name: Cassandra Ellis Phone: 301-492-4662

Signature: Date: 10/30/2019

11. Legal Review:

All J&As greater than $68 million must have a legal review from the General Law Division of the Office of the General Counsel prior to sending it to the Department.

12. OPDIV Competition Advocate Approval (Required for proposed contract over $700,000 but not exceeding $13.5 million value calculated including all options)):

I have reviewed this justification and find that it adequately supports an exception to fair opportunity.

Name: Melissa Mcabee Phone: 301-492-4710

Signature: Date: 30 October 2019

13. Office of Small and Disadvantaged Business Utilization:

I have reviewed this justification and find that it adequately supports an exception to fair opportunity.

Name: Phone:

Signature: Date:

14. OPDIV HCA Approval (Required for proposed contract over $13.5 million but not exceeding $68 million value calculated including all options)):

Name: Phone:

Signature: Date:

15. Department Competition Advocate:

Concur: Non-Concur:

Name: Phone:

Signature: Date:

(The below approval paragraph is required if the cumulative contract value, including all options, exceeds $68 million.)

16. HHS Senior Procurement Executive (SPE) Approval:

Based on the foregoing justification, I hereby approve the procurement of stated supplies/services being procured on the exception to the fair opportunity basis pursuant to the authority of paragraph 5, 41 U.S.C. 4101, as implemented by FAR 16.501-2.

State supplies/services being procured:

State the full statutory authority and FAR cite and title, consistent with paragraph 4, e.g. 41 U.S.C. 3304:

Name: Phone:

Signature: Date:

Template for a Justification for an Exception to Fair Opportunity

Completion Instructions: HHS has established a standard template for the preparation of a Justification for an Exception to Fair Opportunity pursuant to FAR Subpart 16.5 for orders valued at greater than the simplified acquisition threshold, including all options. This template is only applicable when requesting an acquisition as an exception to the fair opportunity process for task- and delivery-order contracts awarded against multiple-award contracts, such as indefinite delivery, indefinite quantity contracts. This template is not for use (i) with small business set asides in accordance with FAR 16.505(b)(2)(i)(F), nor (ii) for Federal Supply Schedule contracts awarded pursuant to FAR 8.4. See FAR Subpart 16.5 for additional guidance.

Tailor all aspects of this template to the individual acquisition. Consult FAR 16.505 for guidance. An addendum may be added in case additional space is needed.

When this document is printed, the blue italic instructions are automatically deleted on the printed version.

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

2. Description of Action:

Nature:

Order Against:

Multiple Award ID/IQ Contract Number:

Pricing:

Funds:

3. Description of Applicable Contract Provisions:

Summarize all contract provisions relevant to this determination.

4. Description of Supplies or Services:

Briefly describe the supplies or services to be provided, including make & model number where appropriate.

· Indicate whether the item to be procured is peculiar to one manufacturer (e.g., a particular brand name, product, or a feature of a product, peculiar to one manufacturer).

· If applicable, include quantities of supplies or period of performance for services. Provide information for any options included in the order.

· If the action is a modification to an existing order, distinguish clearly between the work covered by the basic order and the work to be obtained by the proposed modification; provided that if the action is to extend an existing order utilizing the -8 extension of services clause, this must be discussed.

5. Authority and Rationale:

When citing exception to the fair opportunity process under FAR 16.505(b)(2)(iv), identify the contract clause and language that specifies the minimum guaranteed amount.

Provide a citation to the statutory authorization and a brief description of its content, or identify the specified source or other agency.

6. Agency Actions to Take or Remove Barriers That Led to Fair Opportunity Exception (If applicable):

7. Fair and Reasonable Price/Cost Determination: I hereby determine that the anticipated price/cost for this contract action will be fair and reasonable.

Signature:

Date:

Name:

Title:

Contracting Officer

Program Manager Name:

Position Title:

Email address:

Phone:

Program Manager Supervisor (or one level above Program Manager) Name:

Position Title:

Email address:

Signature:

Date:

Name:

Phone:

Signature:

Date:

11. Legal Review:

All J&As greater than $68 million must have a legal review from the General Law Division of the Office of the General Counsel prior to sending it to the Department.

12. OPDIV Competition Advocate Approval (Required for proposed contract over $700,000 but not exceeding $13.5 million value calculated including all options)):

I have reviewed this justification and find that it adequately supports an exception to fair opportunity.

Name:

Phone:

Signature:

Date:

13. Office of Small and Disadvantaged Business Utilization:

I have reviewed this justification and find that it adequately supports an exception to fair opportunity.

Name:

Phone:

Signature:

Date:

14. OPDIV HCA Approval (Required for proposed contract over $13.5 million but not exceeding $68 million value calculated including all options)):

Name:

Phone:

Signature:

Date:

15. Department Competition Advocate:

Concur:

Non-Concur:

Name:

Phone:

Signature:

Date:

(The below approval paragraph is required if the cumulative contract value, including all options, exceeds $68 million.)

16. HHS Senior Procurement Executive (SPE) Approval:

State supplies/services being procured:

State the full statutory authority and FAR cite and title, consistent with paragraph 4, e.g. 41 U.S.C. 3304:

State the full statutory authority and FAR cite and title, consistent with paragraph 4, e.g. 41 U.S.C. 3304 Name:

Phone:

Signature:

Date:

11.0.0.20130303.1.892433.887364 Justification & Approval - Exemption to Fair Opportunity Health and Human Services Justification & Approval - Exemption to Fair Opportunity

	AcquisitionTitle: ICAM SiS and Operational Support
	Agency: PSC
	NIHDrop:
	PSCDrop: ASA - Assistant Secretary for Administration
	PSCOther:
	AcqusitionYear: 2020
	Author: Marcia Levin
	CheckBox4: 0
	CheckBox5: 0
	CheckBox1: 1
	Purchase Order/Contract Number: HHSN316201200018W/HHSP233201800007W
	ID/IQ Number:
	CheckBox8: 1
	CheckBox7: 1
	CheckBox6: 0
	CheckBox10: 0
	CheckBox11: 0
	Other Funds:
	Insert a description of the techniques and applicable FAR provisions (e.g. FAR 15.404-1(b)) used to ensure award will be at fair and reasonable prices. For example, did the Contracting Officer use a comparison of industry cost for similar work? The Independent Government Cost Estimate (IGCE) will primarily be an analysis of the contractor’s proposed cost. Additionally, the techniques identified at (e.g. FAR 15.404-1(c)(2)(iii)) will be used to further ensure award will be at fair and reasonable prices. IN addition, specify whether or not Certified Cost and Pricing Data will be obtained.: Section B and C
	Insert a description of the techniques and applicable FAR provisions (e.g. FAR 15.404-1(b)) used to ensure award will be at fair and reasonable prices. For example, did the Contracting Officer use a comparison of industry cost for similar work? The Independent Government Cost Estimate (IGCE) will primarily be an analysis of the contractor’s proposed cost. Additionally, the techniques identified at (e.g. FAR 15.404-1(c)(2)(iii)) will be used to further ensure award will be at fair and reasonable prices. IN addition, specify whether or not Certified Cost and Pricing Data will be obtained.: The Agency has an urgent need for Deloitte Consulting LLP to provide uninterrupted and continuous support for the legacy HHS end-to-end solution for the continued implementation of Homeland Security Presidential Directive 12 (HSPD-12). This need merits immediate attention because without Deloitte’s continued support on October 1, 2019, all HHS Identities and certificate authentication mechanisms for the entirety ceases operation. Every HHS related website to all internal and external consumers will become inaccessible. The architecture and engineering backbone of the ITIO platform has numerous dependencies upon Deloitte's managed connectivity that without their support, HHS will become completely non-operational. A new integrator will have to go through extensive requirements gathering, development, and testing in order to try and connect their solution with the many systems Deloitte has already integrated HHS-wide. Deloitte Consulting LLP is the only contractor with the ability to support the issuance of the HSPD-12 PIV cards as well as the enterprise simplified sign on and supporting systems currently configured and deployed at HHS. The current system being used was built and is owned by Deloitte, the data belongs to HHS. Transition of information stored within the current CMS to another solution will require unproven and potentially unattainable mapping to preserve management of issued cards. Due to this difficulty, service providers may need to completely replace issued cards at lifecycle events such as certificate update and pin reset. Additional risks include; extensive data migration or full cardholder re-enrollment to support on-going PIV renewals and card replacements, risk of migrating Card Management private keys to another service providers Hardware Security Module (HSM) for continued issuance of existing blank cardstock, and potentially the need to establish an offline mechanism to preserve non-repudiation and chain of trust of enrollment and issuance records including cardholder acceptance agreements. Deloitte Consulting LLP has the expertise and knowledge required to ensure that no interruption in services would occur minimizing change management with HHS users, the need for OpDivs to build HSPD-12 Secure Card Management System interfaces and retrain staff, minimizes Privacy and Security concerns in migrating sensitive Personal Information to another system, and lowers overall risk to HHS.
	Insert a description of the techniques and applicable FAR provisions (e.g. FAR 15.404-1(b)) used to ensure award will be at fair and reasonable prices. For example, did the Contracting Officer use a comparison of industry cost for similar work? The Independent Government Cost Estimate (IGCE) will primarily be an analysis of the contractor’s proposed cost. Additionally, the techniques identified at (e.g. FAR 15.404-1(c)(2)(iii)) will be used to further ensure award will be at fair and reasonable prices. IN addition, specify whether or not Certified Cost and Pricing Data will be obtained.: The follow-on contract has been solicited using competitive procedures and is in the evaluation phase of the acquisition process. The Government anticipates awarding a multiple award IDIQ in January 2020.
	Insert a description of the techniques and applicable FAR provisions (e.g. FAR 15.404-1(b)) used to ensure award will be at fair and reasonable prices. For example, did the Contracting Officer use a comparison of industry cost for similar work? The Independent Government Cost Estimate (IGCE) will primarily be an analysis of the contractor’s proposed cost. Additionally, the techniques identified at (e.g. FAR 15.404-1(c)(2)(iii)) will be used to further ensure award will be at fair and reasonable prices. IN addition, specify whether or not Certified Cost and Pricing Data will be obtained.: Deloitte Consulting, LLP is a NITAAC contract holder under CIO-SP3. Rates established by NITAAC have already been determined fair and reasonable and a price analysis will be conducted to ensure the proposed rates are consistent with those on Deloitte's approved NITAAC contract. Further, the price analysis will consider the level of effort, labor mix, and material cost to ensure it is appropriate for the work to be performed, as well as historical information on prices previously paid.
	TextField7: 10,065,952.93
	Briefly describe the supplies or services to be provided, including make & model number where appropriate.
·	Indicate whether the item to be procured is peculiar to one manufacturer (e.g., a particular brand name, product, or a feature of a product, peculiar to one manufacturer).
·	If applicable, include quantities of supplies or period of performance for services. Provide information for any options included in the order.
·	If the action is a modification to an existing order, distinguish clearly between the work covered by the basic order and the work to be obtained by the proposed modification; provided that if the action is to extend an existing order utilizing the -8 extension of services clause, this must be discussed.: This is a modification to an existing order. The modification will extend the period of performance for the existing order that expires on September 30, 2019. The period of performance for the extension is from October 1, 2019 – March 31, 2019.

CheckBox12: 1

CheckBox13: 0

CheckBox14: 0

CheckBox15: 0

CheckBox16: 0

HHS Senior Procurement Executive (SPE) signature:

Contract Officer's Approval date: 10/30/2019

Contract Officer's Approval name: Cassandra Ellis

HHS Senior Procurement Executive (SPE) phone: The competitive award will not be in place by October 1, 2019 as proposals submitted in response to the solicitation are being evaluated by the Government.

HHS Senior Procurement Executive (SPE) phone: 301-492-4662

HHS Senior Procurement Executive (SPE) phone: 301-492-4710

Program Manager name: Marcia Levin

Program Manager position title: Director, ISBS and HSPD-12 Program Manager

Program Manager email address: marcia.levin@psc.hhs.gov

Program Manager phone: 301-492-4235

Program Manager Supervisor name: Tim Brown

Program Manager Supervisor position title: Deputy Director, RLO

Program Manager Supervisor email address: tim.brown@psc.hhs.gov

Program Manager Supervisor date: 10-30-2019

filepath:

State the full statutory authority and FAR cite and title, consistent with paragraph 4, e.g. 41 U.S.C. 3304:

HHS Senior Procurement Executive (SPE) name: Melissa Mcabee

DateField6: 30 October 2019

Office of Small Business date:

OPDIV HCA date:

Concur with Acquisition: 0

Non-Concur with Acquisition: 0

HHS Senior Procurement Executive (SPE) date:

State supplies/services being procured: This is a modification to an existing order. The modification will extend the period of performance for the existing order that expires on September 30, 2019. The period of performance for the extension is from October 1, 2019 – March 31, 2019.

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