Redacted USBP_LSJ_SAM_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)

Version 2.0 November 2020

Date: 4 March 2024_ PR Number: __PR 20143793

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.

The Department of Homeland Security (DHS), Customs and Border Protection (CBP), U.S. Border Patrol (USBP) Directorates- Program Management Office, Law Enforcement Operations, Strategic Planning and Analysis and Border Patrol Chief Offices - propose to execute a task order modification that allows the same contactor to continue performance because of specific circumstances that satisfy the criteria set forth for FAR 8.405-6 (a) (1) (i) (B).

1. Hereinafter, USBP Directorates will be referred to as USBP.

2. The current Task Order (TO) is 70B03C20F00001455, aligned to a CBP multiple-award BPA

70B04C19A00000003 issued under GSA Contract GS-35F-0617Y. The TO was awarded to BPA holder Deloitte Consulting, LLP, 1919 N. Lynn Street, Arlington, VA 22209.

3. Description of Supplies/Services. Describe the supplies or services to be acquired. Provide the estimated total value (including options, if any).

Services to be provided under this modification include the following:

o Current & Future State Analysis, Strategic Communications | Execution of USBP strategic planning and strategic communications to articulate USBP’s vision (e.g., USBP 2023-2026 Strategy, Capability Roadmap, supporting collateral artifacts). Continuation of support includes, but is not limited to the completion of the following tasks:

Conduct current state and future state analysis across the USBP portfolio to align/sync requirements, acquisition and PPBA domains, and strengthen interdependencies to plan for and respond to Congress (HAC/SAC) and Office of Management Budget to support and defend budget requirements for USBP border technologies performing mission critical roles along the Border.

Transition of Technology Roadmap efforts to USBP Strategic Planning & Analysis Directorate (SPAD) consistent with the approach used to complete the USBP 2023- 2026 Strategy and Capability.

Facilitate strategic planning discussions (e.g., agenda setting, materials preparation, action tracking) for top USBP priorities, The current tasks are on-going and require surge support of all required services.

o Enterprise Dashboarding & Analytics | Development of success metrics and continuous improvement of USBP performance management dashboards (e.g., Performance Measure Dashboard design and development). Continuation of support includes, but is not limited to the completion of the following tasks:

Enhance Performance Measure Dashboard with additional capabilities to plan for and respond to Congress (HAC/SAC) and Office of Management Budget to drive for transparency in how USBP border technologies are performing their mission critical roles along the Border.

Prioritize additional requirements of the Dashboard features requested by USBP Portfolio Directors and other USBP reporting customers.

Stand up of Dashboarding Standards of Practice across USBP to ensure that all dashboards are utilizing best practices for back-end data management as well as front end user experience and design. Assist as necessary to ensure compliance with these standards.

o Workforce Competency Support/ Continuation of support includes, but is not limited to the completion of the following tasks:

Analyze skill/experience requirements; develop and implement workforce strategy plans based on end-user, use cases, and journey maps.

Support workforce analysis as required; Develop, conduct, and maintain workforce development trainings and materials.

Support competency certifications, including preparing application packages for

USBP personnel.

The period of performance of this Task Order extension will be from March 30, 2024 to November 29, 2024.

The estimated cost of the modification is .

4. Authority and supporting rationale. CBP intends to rely upon FAR8.405-6 (a) (1) (i) (B) as authority for this action.

USBP has a need to evolve faster than ever before by shifting organizational strategy to include heightened levels of governance and oversight from the CBP Commissioner, USBP Border Patrol Chief, and Congress. One of its goals is to Rapidly Deliver and Sustain Modern Technology and Infrastructure. This is especially important after the end of Title 42, related historic and ongoing levels of migrant surges, and unresolved current fiscal year appropriations.

The Deloitte Consulting, LLP team currently supporting USBP collects and uses the portfolio-wide data to identify and mitigate capability gaps, evaluates cross-program inefficiencies, and assesses the value of IT to current critical missions on the Southern and Northern Borders while identifying areas where USBP may achieve operational efficiencies and cost savings.

Extension of this Task Order is necessary because the incumbent is the only source capable of providing the services required at the level of quality required because the services are highly specialized. Competing this requirement at this time would result in the potential unacceptable loss of the ability to complete the mission and create significant backlogs, and possible mission failure.

The original order #70B03C20F00001455 was competitively solicited and awarded using the ordering procedures at FAR 8.405, and subsequently extended for a brief period (6 months) using the logical follow-on basis for limiting sources.

The program office is conducting further and robust market research for a future competition. The program office’s prior market research resulted in reliance on the pending award and availability of the Enterprise Small Business (ESB) and Enterprise Business Management Support Services (EBMSS) 2.0 Blanket Purchase Agreement (BPA)s. Since the prior extension, the program office has closely monitored the extension of EBMSS and tracked the availability of the ESB and EBMSS 2.0 BPAs. Those vehicles have not been available for a competitive Task Order since the prior extension of this Task Order. The program office’s renewed and ongoing market research with department, component, and cross-division collaboration is anticipated to provide a broader market base, with a focus on DHS Strategic Sourcing Vehicles.

Deloitte Consulting LLP, as the current contractor on this effort, is the only contractor that possesses the immediate capability, a comprehensive understanding of the requirements, working relationships with USBP’s key stakeholders, and the resources required to ensure that this high visibility USBP project is successful and completed to standard. Deloitte is already providing services under Task 1 and this effort is an extension of those services for assistance with ongoing CBP projects. The skilled personnel are in place and have accrued specific and unique knowledge, of the complex issues and constituencies, to provide these services without any transition under the current SOW and are critical to continued mission success. Another contractor could not meet the immediate need without significant resources, staff time and contract cost, to provide the personnel who have the historical knowledge, capability, and expertise to perform this task. As such, awarding to a different contractor would result in undue delay, duplication of work, disjointed efforts, inefficiencies, increased costs and resource outlay, and heightened risks that could jeopardize the program and project level schedules, impeding USBP portfolio-wide data in this highly critical time after the end of Title 42 and related migrant surges.

Deloitte has not been able to complete all of the tasks initially covered in the prior extension, requiring more time, attributable to the migrant surge levels seen since the end of Title 42 and the associated increased demand placed on Deloitte by CBP for data supporting leadership evaluations for planning and adjusting operational and sustainment in how USBP border technologies are performing their mission critical roles along the Border. Additionally, demand for the critical skills and knowledge both during the last 6 months and needed for an extension, can be attributed to the uncertainty in budgeting, including the current fiscal year.

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 issuing the modification to Deloitte Consulting LLP represents the best value and 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 fair and reasonable prices at the FSS level. The original order was competed and placed under the CBP EBMSS BPA 70B04C19A00000003 in accordance with FAR 8.404, “Use of Federal Supply Schedules.” Additionally, prior to issuance of the task order modification, the ordering activity will consider the level of effort and the mix of labor proposed to perform the specific tasks being ordered to determine whether the total price is reasonable. The contractor’s labor mix and level of effort will also be compared to the Independent Government Cost Estimate (IGCE).

The expected labor rates will be at or below the current approved rates in the CBP EBMSS BPA.

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.

Market research was conducted for the Task Order, which was competitively awarded on September 30, 2019. Market Research was conducted in May 2023. This Market Research was deemed applicable in January 2024.

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.

USBP has identified risks to completing security background investigations in a timely manner, the need to have increased periods of transition for training to maintain data associated with existing major complex programs.

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.

The program office’s renewed and ongoing market research with department, component, and cross-division collaboration is anticipated to provide a broader market base, with a focus on DHS Strategic Sourcing Vehicles; however, at the current time competition and interruption to the services under the EBMSS task order would be a great risk to the USBP mission providing and supporting technology the Agents on the front lines. The unique and highly specialized skills and situational knowledge of the team are needed to continue through this current period of often historically high migration and budgetary uncertainty. The high migration increases the need for limited financial resources and increases demand on operation and sustainment capacity for border technology. These impacts drive a greater and more time-sensitive need for skill and critical knowledge to enable USBP senior leadership to plan and respond to requirements for USBP border technologies performing mission critical roles along the Border, and to support and defend budget submissions to Congress (HAC/SAC) and Office of Management Budget.

9. This requirement will be posted on Contract Opportunities on Sam.gov pursuant to FAR 8.405-6 (a) (2)(i).