JEFO_FBO_Matlab.pdf

Prescribed by FAR 16.505 (b) (2) 8/2014

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY (JEFO)

MULTIPLE DELIVERY/TASK ORDER CONTRACTS

FAR SUBPART 16.5

I recommend the use of limited awardees for the acquisition of the following supplies or services available under an indefinite-delivery contract. If this acquisition is to be made with only one awardee or a limited number of awardees, negotiations will be conducted with the indicated proposed supplier(s) in accordance with FAR 16.505 (b)(2)(ii)(B):

1. IDENTIFICATION OF THE AGENCY AND THE CONTRACTING ACTIVITY:

Requiring Activity: Department of Treasury, Departmental Offices (DO) Contracting Activity: Internal Revenue Service, Office of Procurement

2. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED:

This is a logical follow-on order issued against the application support service indefinite delivery/indefinite quantity (ID/IQ) multiple award contract, which was previously competed. This follow-on order will be a continuation of task order TOS11D0001/18, which was competitively awarded to Cyberdata-IDL.

3. DESCRIPTION OF SUPPLIES OR SERVICES

The Departmental Offices has a requirement for Matlab, .NET, and SQL programming services to build out DAVE (Data, Analytics, and Visualization Engine). This includes modularizing Matlab code by extracting specific independent functions and using Matlab Production Server, Matlab Builders (EX and/or NE), Matlab Compiler to create add-ins for Microsoft Excel, .NET components for Web applications, and stand-alone tools.

The end goal is to develop stand-alone Excel and Web applications from existing Matlab programs and sub-functions, ensuring all functionalities of said Matlab programs and sub-functions are retained during the integration. These Matlab programs and sub-functions will be integrated with SQL databases, .NET, and Matlab Production Server for deployment.

Period of Performance: September 30, 2014- September 29, 2015

4. REQUISITION NO.

14PR-TDPDIR-0379

5. NAME(S) OF PROPOSED SOURCE(S)

Cyberdata Technologies, Inc. - IDL 455 Springpark Place, Suite 300 Herndon, VA 20170

(703) 481-0888

ID/IQ: TOS11-D-0001

6. COST ESTIMATE

Base: $595,000

REQUIRING OFFICE CERTIFICATION

I certify that the attached justification is accurate, and contains complete data necessary to support the recommendation for only one or limited awardees justification and approval.

7. TECHNICAL/REQUIREMENT

PERSONNEL (Name & Title)

Katrina Whittington IT Specialist

(Signature) xxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxccccccccccccccffffff ffffffffffffffffffffffffffffffffffffffffffffffccc

(Phone No.)

202-622-0511

(Date)

SMALL BUSINESS CERTIFICATION

I have reviewed the awardee list to locate small businesses for this procurement. If any were found, a list is attached.

8. SMALL BUSINESS

SPECIALIST

Latonya D. Richardson

PROCUREMENT OFFICE CERTIFICATION

I certify that this submission is accurate and complete to the best of my knowledge and belief. This signature will serve as approval unless action exceeds $650K. Approval constitutes written determination that one of the circumstances allowing for Exception to Fair Opportunity (FAR 16.505(b)(2)(i)(A) through (E)) applies to the order.

9. ASSIGNED CONTRACTING

OFFICER (Name)

Brian Carper xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

240-613-8054

Before requesting this procurement, state one statutory authority for this procurement to be conducted under “exception to fair opportunity” procedures. Provide narrative justification associated with the respective stated authority in block number 13.

STATUTORY AUTHORITY EXCEPTIONS (FAR 16.505 (b)(2)(i)) (place an “X” in appropriate box and complete the rest of the form)

10. FAR 16.505 (b) (2) (i) (A) – Need is so urgent that providing fair opportunity would result in unacceptable delays.

11.

FAR 16.505 (b) (2) (i) (B) – Only one awardee is capable of providing the supplies/services required at the level of quality required because they are unique or highly specialized; or brand name specification FAR

16.505 (a) (4).

12.

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.

13.

FAR 16.505 (b) (2) (i) (D) – It is necessary to place an order to satisfy a minimum guarantee.

14.

FAR 16.505 (b) (2) (i) (E) – A statute expressly authorizes or requires that the purchase be made from a specified source (for orders exceeding the SAT).

15. JUSTIFICATION (ADD PAGES IF NEEDED)

A. DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE QUALIFICATIONS OR THE NATURE OF

THE ACQUISITION REQUIRES USE OF THE AUTHORITY CITED.

CyberData-IDL currently supports this requirement that was issued via a competitive task order last fiscal year. As a result, this is a continuation (e.g. next phase) and providing continued support and development services to the MatLab project. Competing this follow-on requirement would not be beneficial to the Government as this is a complex project and the risks of delays would be unacceptable.

B. DESCRIBE THE EFFORTS TAKEN TO ENSURE OFFERS WERE SOLICITED FROM ALL MULTIPLE-AWARD

CONTRACTORS, INCLUDING WHETHER A FAIR NOTICE OF INTENT TO MAKE A PURCHASE (WITH CLEAR DESCRIPTION OF SUPPLIES/SERVICES AND THE BASIS UPON WHICH THE SELECTION WILL BE MADE) WAS/WILL BE PUBLISHED ON THE AGENCY’S WEB PAGE FOR ALL AWARDEES TO SEE AS REQUIRED BY FAR 16.505(b)(1)(iii)(B)(1). STATE “ALL CONTRACTORS RESPONDING TO THE NOTICE OF FAIR

OPPORTUNITY CAN SUBMIT AN OFFER AND HAVE THAT OFFER FAIRLY CONSIDERED.”

This requirement was competed last fiscal year and only Cyberdata-IDL was able to secure the expertise required to fulfill this requirement. An announcement will be posted on FBO as all ID/IQ holders on the Application Support Contract were provided a fair opportunity for this requirement in fiscal year 2013.

C. DETERMINATION THAT THE ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE.

The Contracting Officer will determine the prices to be fair and reasonable based on applicable cost/price analysis techniques.

D. DESCRIBE THE MARKET RESEARCH CONDUCTED AMONG ALL AWARDEES AND THE RESULTS OF THE

RESEARCH (E.G., HISTORICAL ORDERING INFORMATION, LIST AWARDEES THAT EXPRESSED AN

INTEREST IN WRITING IN THE ORDER AND THE RESULTS OF THAT INTEREST).

This requirement was competed in fiscal year 2013 and only Cyberdata-IDL was able to secure the expertise required to fulfill this requirement. As a result, all ID/IQ holders were originally provided a fair opportunity for this requirement and the market conditions remain unchanged.

E. DESCRIBE ANY OTHER FACTS TO SUPPORT THE JUSTIFICATION.

Performance Work Statement (PWS) and Independent Government Cost Estimate (IGCE).

F. LIST THE ACTIONS, IF ANY, THAT THE BUREAU WILL TAKE TO REMOVE OR OVERCOME ANY BARRIERS THAT LED TO THE EXCEPTION TO FAIR OPPORTUNITY BEFORE ANY SUBSEQUENT ACQUISITIONS FOR

SIMILAR SUPPLIES OR SERVICES.

The Government will compete all other task orders that are not integrally related to current order or when a valid exception applies.

G. STATEMENT THAT REQUIREMENT DOES NOT RESULT FROM A LACK OF PLANNING OR THE EXPIRATION

OF FUNDS.

This is the second phase of the MATLAB requirement, which is an on-going project. As a result, this requirement does not result from a lack of planning or the expiration of funds.

ADDITIONAL APPROVALS

Approval constitutes written determination that one of the circumstances allowing for Exception to Fair Opportunity (FAR 16.505(b)(2)(i)(A) through (E)) applies to the order.

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16. BUREAU COMPETITION

ADVOCATE (Name & Title)

[ ] APPROVE

[ ] DISAPPROVE

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N

17. HEAD OF THE

CONTRACTING ACTIVITY

(Name & Title)

O V

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N

18. SENIOR PROCUREMENT

EXECUTIVE (Name & Title)

NOTE: Each review must be preceded by lower level approval(s), e.g., over $62.5 million all approvals are required. IN NO CASE WILL AN INDIVIDUAL SIGN MORE THAN ONE APPROVAL LEVEL.