Redacted_CWMDAD JEFO ITility Interim TO (due to Protest) - PAAC signed 8.29.24 (002) (2).pdf

Justification for Exception to Fair Opportunity

Exceeding the SAT pursuant to FAR 16.505(b)(2)(ii)(C)

JEFO No.: FY24-00315 Rev. 6/2021 - 1 -

JEFO No.: FY24-00315

Date: 08/20/2024 PR Number: RWES-24-0140

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), Office of Procurement Operations (OPO), Countering Weapons of Mass Destruction Acquisition Division/Office of Health Security

Acquisition Division (CWMDHSAD), prepared this justification for an exception to fair opportunity.

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

DHS/OPO intends to award a Task Order (TO) order without considering other awardees under

PACTS II contract HSHQDC-16-D-P2008/70RWMD24F00000003 pursuant to FAR

16.505(b)(2)(i)(C). Itility, LLC., 14840 Conference Center Dr. Suite 100, Chantilly, VA., 20151 will be providing the services required at the level of quality required due to the consistent support required to sustain the day-to day budget and finance operations conducted by CWMD

Budget Office while a new Financial Management TO is awarded.

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

The contractor will provide a wide range of support services to CWMD in the areas of program management, financial program support services, travel support services, and financial management system implementation support. The contractor will also provide professional, and technical business support. This support includes assisting with the Financial Systems

Modernization Solution (FSMS) financial system, which is the first Department of Homeland

Security (DHS) implementation of an Oracle Federal Financials (OFF) solutions hosted by a

Federal Shared Service Provider (FSSP). The contractor is responsible for assisting the

Government with the FSMS financial system by providing program management, risk management and mitigation, project quality assurance, project status reporting milestone management, and execution briefing support.

The wide breath of support to all of CWMD directorates allows the contractor to positively impact almost every program within the agency by assisting CWMD in carrying out its vital mission.

The necessary funds in the amount of $1,313,795.60 (O&S FY24) are readily available for a bridge TO.

JEFO No.: FY24-00315 Rev. 6/2021 - 2 -

Base period with two-month Options.

PERIOD MONTHS TOTALS

BASE 45 Days $575,910.40

OPTION I 30 Days $359,944.00

OPTION II 30 Days $377,941.20

Total $1,313,795.60

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 TO 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:

A protest ensued after the re-compete award. The decision is unknown at this time. It has been determined that ITiltiy is the only source capable of providing the required program and financial management services. The execution of a sole source TO is required in order to ensure that CWMD Chief Financial Officer (CFO) has continued contractor support in the areas of programmatic and financial management. The support currently being provided by the incumbent will be critical to the continued success in CWMD CFO’s execution of the DHS mission during the protest. In addition, the incumbent currently holds the requisite security clearances, suitability, and personnel on-site necessary for continued support while the new TO is being initiated. The incumbent’s familiarity and experience with CWMD’s financial system and its nuances and complexities will alleviate the substantial risk that would be present if a new contractor was brought on board without sufficient transition time. Any awardee other than the incumbent would be required to obtain the cognizant security clearances, suitabilities, cyber hygiene, and review by the Chief Information Officer (CIO) which, based on the median time it has taken contractors to obtain the necessary clearances and suitabilities for efforts under CWMD, would veritably result in a minimum delay of 100 days from the time of award to full performance by the contractor. Due to the ongoing challenges that have been presented by CWMD’s current financial system since its integration, it is critical that CWMD retain the experience and knowledge base of the incumbent until a recompete is complete.

Awarding a three-month interim TO will allow additional time to execute the Program

Management, Administrative, Operations (Clerical), and Technical Services (PACTS II)

Strategic Sourcing vehicle.

Lewis.Simon Sticky Note Accepted set by Lewis.Simon

JEFO No.: FY24-00315 Rev. 6/2021 - 3 -

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

The Contracting Officer has determined that issuing the proposed bridge TO to ITility LLC., represents the best value and will result in the lowest overall cost, considering price and administrative costs, to meet the Government’s needs.

This TO sustains the level of support currently provided to the Government and retains the same level of funding and rates as established through 70RWMD24F00000003.

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.

The Government awarded a new TO for program and financial management support.

Currently, the Government is responding to a GAO protest of the new TO award for the required services. This interim TO is only required to preserve continuation of these critical services while the Government responds to a GAO protest.

8. DHS intends to post this requirement on SAM.gov pursuant to FAR 16.505(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.

JENNIFER L

SOULE

Digitally signed by JENNIFER L SOULE Date: 2024.08.29 10:12:47

-04'00'

Jennifer Soule

Technical Representative/COR

10. Contracting Officer Certification.

Benjamin Simmons

Contracting Officer

Digitally signed by BENJAMIN W

BENJAMIN W SIMMONS JR SIMMONS JR

JEFO No.: FY24-00315 Rev. 6/2021 - 4 -

11. Approval.

Antoinette Clay

Procuring Activity Advocate for Competition