Tab B_11_Final JEFO.pdf

OPOAM 3016.505-90(a)(2)(ii) Justification for Exception to Fair Opportunity

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

JEFO No.: FY20-0063 Rev. 2/5/2015 - 1 -

JEFO No.: FY20-0063

Date: March 3, 2020 PR Number: RCCA-20-00056

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), Office of Procurement Operations (OPO), Cybersecurity and Infrastructure Security Agency Acquisition Division (CISSAD) proposes to extend task order No. HSHQDC-17-F-00202, as issued under Indefinite Deliver Indefinite Quantity (IDIQ) GS00Q14OADS128, pursuant to FAR 16.505(b)(2)(i)(C).

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

DHS/OPO intends to exercise FAR clause 52.217-8 without considering other awardees under task order number HSHQDC-17-F-00202 pursuant to FAR 16.505(b)(2)(i)(C).

Miracle System LLC 1555 Wilson Blvd.

Arlington, VA 22209

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

Miracle System LLC in coordination with Cybersecurity and Infrastructure Security Agency (CISA), Office of Strategic Planning and Policy (SPP) will provide business, organizational performance, operational performance and program management support. Miracle System provides capacity and subject matter expertise in support of CISA successful implementation and execution of the strategic management process.

The services provided to SPP supports the overall mission of policy development of component level policies and directives, guiding organizational performance, and leading strategic planning efforts for the component.

Estimated Total Value of three (3) two (2) month option periods to be exercised IAW FAR 52.217-8 Extension are as follows:

• Option Period-1: March 29, 2020 to May 28, 2020 $174,015.28; increasing the total value of the task order from $2,500,934.34 by $174,015.28 to $2,674,949.62.

• Option Period-2: May 29, 2020 to July 28, 2020 $174,015.28; increasing the total value of the task order from $2,674,949.62 by $174,015.28 to $2,848,964.90.

JEFO No.: FY20-0063 Rev. 2/5/2015 - 2 -

• Option Period-3: July 29, 2020 to September 28, 2020 $174,015.28; increasing the total value of the task order from $2,848,964.90 by $174,015.28 to $3,022,980.18.

By exercising this extension, the ceiling price for this task order may increase from $2,500,934.34 by $522,045.84 to $3,022,980.18.

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.

_________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:

This acquisition is being 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, in accordance with FAR 16.5, Indefinite-Delivery Contracts. The specific FAR Subpart supporting this justification is FAR 16.505(b)(2)(i)(C): logical follow on.

This requirement is being prepared to be re-competed and is expected to be award in May 2020.

In order to support the on-going projects under Task Order No. HSHQDC-17-F-00202, without a break in service, an extension is needed until the recompete is awarded, and the new awardee clears its personnel through the DHS security and entry on duty (EOD) process. This extension will also give SPP CISA the time needed to more seamlessly and http://uscode.house.gov/

JEFO No.: FY20-0063 Rev. 2/5/2015 - 3 -properly transition duties and responsibilities from the incumbent to the new awardee. A short-term extension of the period of performance under FAR 52.217-8 is considered to be the most advantageous method of meeting the needs of the CISA.

The needs of CISA, SPP is responsible for implementing CISA’s strategic intent and monitoring performance against those goals as required by the Government Performance and Results Act (GPRA) of 2010 and the Office of Management and Budget’s Circular A-

11. Under HSHQDC-17-F-00202, Miracle Systems provides the necessary operational/organizational performance monitoring support to fulfill these requirements. This work has become even more complex in the last 12 months as CISA has begun reorganizing and implementing the CISA 2020 structure. Implementation of CISA 2020 requires near-constant communication between SPP, Congress, and OMB regarding how the organizational changes effect DHS and CISA’s strategic and performance goals. Consequently, a gap in service would cause significant and damaging impacts to CISA’s ability to remain in compliance with GPRA and OMB A-11 as SPP does not have Federal staff on hand to perform the work Miracle Systems is currently performing.

Due to the complex and immediate nature of the work, transition between contractors is necessary to ensure the new vendor understands the status of all strategic and performance initiatives/documentation and has staff cleared to ensure required deliverables under GPRA/OMB A-11 are completed in a timely manner.

Attempting to process and award a separate contract for the requested time period, in lieu of exercising an extension of the current task order’s period of performance, would lead to a disruption in the continuity of services and have a detrimental impact on DHS’s ability to meet demands for conferences, meetings on Capitol Hill, and International/Foreign partners pertaining to cyber security.

Establishing a new contract for the short duration, rather than implementing the extension would be a duplication of effort. This would not be in the Government’s best interest since the administrative effort of a new contract, with a short duration, would be in excess of any gained benefits not expected to be recovered through competition.

The Contracting Officer anticipates the option to extend up to 6 months will represent the best value and will result in the lowest overall cost, considering price and administrative costs, to meet the Government’s needs.

In light of this, the incumbent, Miracle Systems, is capable of providing the services required at the level of quality needed for the six (6) month duration. Miracle Systems’ personnel are already cleared and currently working the desired functions. Miracle Systems is also inherently qualified to conduct transition-out activities as the incumbent. As such, Miracle Systems is equipped and readily available to conduct any and all transition-out activities once the new task order is awarded. In summary, a short-term extension of the period of

JEFO No.: FY20-0063 Rev. 2/5/2015 - 4 -performance under FAR 52.217-8 is considered to be the most advantageous method of meeting the needs of DHS.

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

The CO will compare extension pricing provided by the contractor to the IGCE as well as contractor’s GSA schedule rates.

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 actions to remove barriers will occur for the re-compete of this requirement.

8. DHS intends to post this requirement on FedBizOpps pursuant to FAR 16.505(b)(2)(ii)(D).

The JEFO will be posted to BetaSam, which replaced FedBizOpps (FBO).

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.

Remond Ragin Date Contracting Officer Representative (COR)

JEFO No.: FY20-0063 Rev. 2/5/2015 - 5 -

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.

Kerri B. Williams, Date Contracting Officer