SWIFT BPA_J-and-A-Limited-Sources-Justification-Federal-Supply-Schedule 8.2.24 signed.pdf

Template for a Federal Supply Schedule (FSS) Limited-Sources Justification

Completion Instructions: HHS has established a standard template for the preparation of a Limited-Sources Justification (LSJ) pursuant to FAR Subpart 8.4. This template is for use with orders issued under the Federal Supply Schedule (FSS) program where the value exceeds simplified acquisition threshold and competition is restricted: (1) to fewer schedule contractors than required in FAR 8.405-1, 8.405-2, or 8.405-3, or (2) to an item peculiar to one manufacturer. See FAR Subpart 8.4 for additional guidance. This template is not for use with acquisitions other than those under FAR Subpart 8.4.

Tailor all aspects of this template to the individual acquisition. Consult FAR 8.405-6 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.

FEDERAL SUPPLY SCHEDULE

LIMITED-SOURCES JUSTIFICATION

Acquisition Title: Strategic Work Information Folder Transfer System (SWIFT)

Agency:

Acquisition Year (FY): FY24

Author: Juan Wooten

2. Description of Action:

Nature: New Requirement Follow-on Requirement

Modification to Existing Purchase Order/Contract Number:

Pricing: Firm-Fixed Price Time & Materials Cost

Other:

Funds: OMA Other Funds:

<For each proposed contractor if more than one (e.g., brand name):>

Name of Proposed Contractor(s): Sole Solutions Inc. (SSI)

Street Address: 9 S. Royal Ave, Suite A

City, State, Zip: Front Royal, VA 22630-3225

Remove ContractorAdd Contractor

3. Description of Supplies and Services to Include Contract Vehicle/Number Utilized:

Blanket Purchase Order Agreement for the Strategic Work Information Folder Transfer System (SWIFT). The Centers for Medicare & Medicaid Services (CMS) has been the primary sponsor of the SWIFT platform since 2008 and is directly responsible for a significant majority of upgrades and enhancements in that time. CMS is the primary custodian of the software source code and will have the prerogative to define the software architecture, establish development standards and select restricted software components for integration. ACF benefits from the upgrades done by CMS on the SWIFT platform because they pay the initial development cost for the upgrades and ACF can utilize some features for free and some for at a reduced cost. The type of information the SWIFT system collects is from scanned documents received by HHS offices and correspondence generated in response to those documents. The information includes structured data about the individual, organization or contact that mailed or emailed the documents. Contact information can be name, organization, address, city, state, zip code, telephone, and e-mail. Correspondence could conceivably contain any kind of information, including health, financial, commercial, congressional, emergency disasters, invitations, or HHS related information. Personally identifiable information (PII) includes contact information (if the author of the original correspondence is an individual) and may include any other type of information provided by the correspondent. Information provided is entirely voluntary and consists of unsolicited correspondence. The SWIFT contractors are direct contractors, and they maintain SWIFT remotely through the HHS assigned laptop via HHS virtual private network (VPN) using their HHS Elevated Alt Card provided by the HHS Office of Security and Strategic Information (OSSI). ACF do not have access to the code and needs additional time to identify the CMS contact that can provide the information needed to obtain the code and workout any issues pertaining to receiving this information and storing it in ACF repositories.

The estimated value of the proposed action, including all options, is $ 1,468,277.66

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.

The purpose of Strategic Work Information and Folder Transfer (SWIFT) is to collect, route, track, and manage correspondence, regulations, memos, invitations, requests for meeting, briefings, and Reports to Congress. These documents come from the public, Congress, state and local government officials, and internal HHS offices. The Office of the Secretary (OS) Immediate Office of the Secretary (IOS) SWIFT application is located on servers maintained by the Management Application Hosting Center (MAHC) and is being used by the Assistant Secretary for Planning and Evaluation (ASPE), the Assistant Secretary for Preparedness and Response (ASPR), the Administration for Children and Families (ACF), Office of the Assistant Secretary for Health (OASH), and Substance Abuse and Mental Health Services Administration (SAMHSA) to house their SWIFT modules.

The Strategic Work Information and Folder Transfer (SWIFT) system is a proven application platform hosted as an HHS private cloud in the PSC data center. This platform provides correspondence management solutions throughout the Department of Health & Human Services. Over 200 offices within HHS utilize the SWIFT system serving the work flow needs of thousands of HHS users. SWIFT application modules support the following business processes:

• Correspondence Management

• FOIA Request Tracking & Reporting

• Reports to Congress & White House Inquiries

• Regulations

• Inter-Agency Agreements

• OIG Audit Resolution

• Executive Meeting Management The period of performance (POP) will include one (1) twelve month base period and one (1) six month optional period. The total estimated POP will begin on September 15, 2024 through March 14, 2026.

4. Authority:

ORDER AGAINST FSS: Authority of the Multiple Award Schedule Program, Title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251, et seq.); Title 40 U.S.C. 501, Services for Executive Agencies; and Section 803 of the National Defense Authorization Act of 2002 (PL 107-107) and implemented by FAR 8.405-6. Mark the applicable exception and for each discuss how the cited authority applies in accordance with FAR 8.405-6(c)(2)(iv).

An urgent and compelling need exists, and following the procedures would result in unacceptable delays (FAR 8.405-6(a)(1)(i)(A));

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

In accordance with FAR 8.405-6(a)(1)(i)(B), SSI is the only source capable of providing the services at the level or quality required due to the requirement being previously awarded as a sole source for over a decade to this same company and ACF does not have artifacts, software codes and relevant information to conduct a fair competition. SSI was the sole architect of the SWIFT design, source code, and testing procedures established through the SWIFT system. The aforementioned is unavailable to ACF and contractors, other than SSI, due to the previous requirement was administered by an agency other than ACF. Therefore, due to the nature of this requirement, ACF requires additional opportunity to identify code dependencies including software libraries and licensing requirements in order to compete and transition the requested services. Based on SSI having an unfair advantage with the information that is unavailable to others at this time, it is necessary to have additional time to gather the needed information. The government needs to identify all code dependencies including software libraries, third party applications, Application Programming Interface (API), etc. Also, it is necessary for the government to identify all licensing requirements and ownership of commercial software embedded in the application or called by the application. SSI has customized and deployed applications on the platform for several other HHS agency divisions including ACF that comprises of over 200 offices within HHS as a whole resulting in shared services, features, servers, and reduced cost for all agencies utilizing SWIFT; they have provided cost reductions that have been implemented over the years to meet HHS specialized mission critical workflow needs. Competing this BPA at this time will not be in the best interest of ACF considering the time it will take to fulfill the agency’s requirements, duplication of cost and increase in cost, expansion of the current system over the years, shared services with other agencies, and the level of effort for change to include time, labor, and training of personnel, and delays it can cause in completing daily tasks/activities. At this Time, SSI is uniquely qualified to provide these specialized services.

In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order or BPA must not have been previously issued under sole-source or limited sources procedures (FAR 8.405-6(a)(1)(i)(C)); or

An item peculiar to one manufacturer can be a particular brand name, product, or a feature of a product, peculiar to one manufacturer). A brand name item, whether available on one or more schedule contracts, is an item peculiar to one manufacturer. (FAR 8.405-6(b)).

When competition is limited to items peculiar to one manufacturer, this justification must explain why the particular brand name, product, or feature is essential to the Government's requirements, and that market research indicates other companies' similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency's needs in accordance with FAR 11.105.

5. Market Research:

Describe the extent of the market research conducted among the schedule holders and the results, or a statement of the reason that market research was not conducted. Brand name specifications shall not be used unless the particular brand name, product, or feature is essential to the Government’s requirements, and market research indicates other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency’s need.

Market research was done in 2024 to see how many vendors would respond with interest. We received 71 interested sources 18 sources responding with questions. The market research and questions received from the vendor community demonstrated that future competition will be possible.

With additional time to prepare the requirements package for competition, ACF will be able to complete a fair evaluation to determine a vendor that will provide the level of quality of services that ACF is accustomed to.

6. Actions to Increase Competition:

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 or services is made. If no such actions have been taken, explain why.

In order to increase competition, ACF intends to implement the following:

ACF plans for preparing this contract for solicitation is as followed:

1. Request all software design, build, and testing documentation from the incumbent vendor.

2. Identify all code dependencies including software libraries, third party applications, Application Programming Interface (API), etc.

3. Identify all licensing requirements and ownership of commercial software embedded in the application or called by the application.

4. Establish Github repository for all documentation and code packages and make it available to any prospective bidders.

5. Build a risk register to document potential risk related to contract transition.

6. Identify the potential cost of transition and impact on users.

7. Identify procedures and issues for transitioning administrative responsibilities for the servers hosted at the OCIO managed MAHC.

8. Identify procedures for potential vendor badging (i.e. tier 4 background checks, elevated alt cards, and any other certificates needed to access servers).

9. Establishing MOUs with other OPDIVs utilizing the SWIFT correspondence system

10. Communicate with other HHS SWIFT users to explore the opportunity to establish a standard codebase

7. Any other facts supporting the justification:

8. Technical / Requirements Certification: By my signature below, I certify that the supporting data under my review which is included in this Limited-Sources Justification is accurate and complete.

Program Manager

Name: Rudette Pinkney

Position Title: Contracting Officer Representative (COR)

Email address: rudette.pinkney@acf.hhs.gov

Phone: (202) 401-0527

Program Manager Supervisor (or one level above Program Manager)

Name: Linda Hitt

Position Title: Director, Executive Secretary (ES)

Email address:

Signature:

Date:

9. Best Value Determination: By my signature below, after review of the relevant documents, I have determined that the order subject to this Limited-Sources Justification represents the best value for the Government as set forth in FAR 8.404(d), and constitutes a fair and reasonable price. The basis for my determination is as follows:

Describe in detail the basis for the determination that this order provides the best value, and that the price is fair and reasonable. Attach and/or summarize applicable market research, commercial prices lists, comparable GSA schedule pricing or other markers that were used in this determination.

Since (a) GSA has already determined the prices of supplies and services under FSS contracts, including rates for services offered at fixed hourly rates, to be fair and reasonable; and (b) by placing an BPA against a schedule contract using the procedures in FAR 8.405, the ordering activity CO has concluded that the order represents the best value and results in the lowest overall cost alternative.

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 justification subject to the availability of funds, and provided that the services and supplies herein described have otherwise been approved for acquisition.

Name: Brandon Atchison Phone: 202-478-2361

Signature: Date: Aug 2, 2024

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 limiting sources.

Name: Patrick Joy Phone: 202-951-0133

Signature: Date: Aug 5, 2024

13. Office of Small and Disadvantaged Business Utilization:

I have reviewed this justification and find that it adequately supports limiting sources.

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 limiting sources for the above stated procurement, subject to the availability of funds, and provided that the services herein described have otherwise been authorized for acquisition.

State supplies/services being procured:

Blanket Purchase Order Agreement for the Strategic Work Information Folder Transfer System (SWIFT). The Centers for Medicare & Medicaid Services (CMS) has been the primary sponsor of the SWIFT platform since 2008 and is directly responsible for a significant majority of upgrades and enhancements in that time. CMS is the primary custodian of the software source code and will have the prerogative to define the software architecture, establish development standards and select restricted software components for integration. ACF benefits from the upgrades done by CMS on the SWIFT platform because they pay the initial development cost for the upgrades and ACF can utilize some features for free and some for at a reduced cost. The type of information the SWIFT system collects is from scanned documents received by HHS offices and correspondence generated in response to those documents. The information includes structured data about the individual, organization or contact that mailed or emailed the documents. Contact information can be name, organization, address, city, state, zip code, telephone, and e-mail. Correspondence could conceivably contain any kind of information, including health, financial, commercial, congressional, emergency disasters, invitations, or HHS related information. Personally identifiable information (PII) includes contact information (if the author of the original correspondence is an individual) and may include any other type of information provided by the correspondent. Information provided is entirely voluntary and consists of unsolicited correspondence. The SWIFT contractors are direct contractors, and they maintain SWIFT remotely through the HHS assigned laptop via HHS virtual private network (VPN) using their HHS Elevated Alt Card provided by the HHS Office of Security and Strategic Information (OSSI). ACF do not have access to the code and needs additional time to identify the CMS contact that can provide the information needed to obtain the code and workout any issues pertaining to receiving this information and storing it in ACF repositories.

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 Federal Supply Schedule (FSS) Limited-Sources Justification

Completion Instructions: HHS has established a standard template for the preparation of a Limited-Sources Justification (LSJ) pursuant to FAR Subpart 8.4. This template is for use with orders issued under the Federal Supply Schedule (FSS) program where the value exceeds simplified acquisition threshold and competition is restricted: (1) to fewer schedule contractors than required in FAR 8.405-1, 8.405-2, or 8.405-3, or (2) to an item peculiar to one manufacturer. See FAR Subpart 8.4 for additional guidance. This template is not for use with acquisitions other than those under FAR Subpart 8.4.

Tailor all aspects of this template to the individual acquisition. Consult FAR 8.405-6 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.

FEDERAL SUPPLY SCHEDULE

LIMITED-SOURCES JUSTIFICATION

2. Description of Action:

Nature:

Pricing:

Funds:

<For each proposed contractor if more than one (e.g., brand name):>

3. Description of Supplies and Services to Include Contract Vehicle/Number Utilized:

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.

4. Authority:

When competition is limited to items peculiar to one manufacturer, this justification must explain why the particular brand name, product, or feature is essential to the Government's requirements, and that market research indicates other companies' similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency's needs in accordance with FAR 11.105.

5. Market Research:

Describe the extent of the market research conducted among the schedule holders and the results, or a statement of the reason that market research was not conducted. Brand name specifications shall not be used unless the particular brand name, product, or feature is essential to the Government’s requirements, and market research indicates other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency’s need.

6. Actions to Increase Competition:

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 or services is made. If no such actions have been taken, explain why.

7. Any other facts supporting the justification:

8. Technical / Requirements Certification: By my signature below, I certify that the supporting data under my review which is included in this Limited-Sources Justification is accurate and complete.

Program Manager Name:

Position Title:

Email address:

Phone:

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

Position Title:

Email address:

Signature:

Date:

9. Best Value Determination: By my signature below, after review of the relevant documents, I have determined that the order subject to this Limited-Sources Justification represents the best value for the Government as set forth in FAR 8.404(d), and constitutes a fair and reasonable price. The basis for my determination is as follows:

Describe in detail the basis for the determination that this order provides the best value, and that the price is fair and reasonable. Attach and/or summarize applicable market research, commercial prices lists, comparable GSA schedule pricing or other markers that were used in this determination.

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 justification subject to the availability of funds, and provided that the services and supplies herein described have otherwise been approved for acquisition.

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 limiting sources.

Name:

Phone:

Signature:

Date:

13. Office of Small and Disadvantaged Business Utilization:

I have reviewed this justification and find that it adequately supports limiting sources.

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 limiting sources for the above stated procurement, subject to the availability of funds, and provided that the services herein described have otherwise been authorized for acquisition.

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 - Federal Supply Schedule Health and Human Services Justification & Approval - Federal Supply Schedule

The Strategic Work Information and Folder Transfer (SWIFT) system is a proven application platform hosted as an HHS private cloud in the PSC data center. This platform provides correspondence management solutions throughout the Department of Health & Human Services. Over 200 offices within HHS utilize the SWIFT system serving the work flow needs of thousands of HHS users. SWIFT application modules support the following business processes:

• Correspondence Management

• FOIA Request Tracking & Reporting

• Reports to Congress & White House Inquiries

• Regulations

• Inter-Agency Agreements

• OIG Audit Resolution

• Executive Meeting Management The period of performance (POP) will include one (1) twelve month base period and one (1) six month optional period. The total estimated POP will begin on September 15, 2024 through March 14, 2026.

With additional time to prepare the requirements package for competition, ACF will be able to complete a fair evaluation to determine a vendor that will provide the level of quality of services that ACF is accustomed to.

Describe in detail the basis for the determination that this order providers the best value, and that the price is fair and reasonable. Attach and/or summarize applicable market research, commercial prices lists, comparable GSA schedule pricing or other markers that were used in this determination.: In order to increase competition, ACF intends to implement the following:

ACF plans for preparing this contract for solicitation is as followed:

1. Request all software design, build, and testing documentation from the incumbent vendor.

2. Identify all code dependencies including software libraries, third party applications, Application Programming Interface (API), etc.

3. Identify all licensing requirements and ownership of commercial software embedded in the application or called by the application.

4. Establish Github repository for all documentation and code packages and make it available to any prospective bidders.

5. Build a risk register to document potential risk related to contract transition.

6. Identify the potential cost of transition and impact on users.

7. Identify procedures and issues for transitioning administrative responsibilities for the servers hosted at the OCIO managed MAHC.

8. Identify procedures for potential vendor badging (i.e. tier 4 background checks, elevated alt cards, and any other certificates needed to access servers).

9. Establishing MOUs with other OPDIVs utilizing the SWIFT correspondence system

10. Communicate with other HHS SWIFT users to explore the opportunity to establish a standard codebase