JEFO_GTASFBO.pdf

312012 PrncrIbed by FAR 18.505 (b) (2)

DEPARTMENT OF THE TREASURY

INTERNAL REVENUE SERVICE

MULTIPLE DEUVERYfTASK ORDER CONTRACTS

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY (JEFO)

I recommend that the U.S. DEPARTMENT OF THE TREASURY use limited awardees for the acquisition of the following supplies or services available under an Indeflnlte-dellvery ronIract. If this acqulsftion 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. DESCRIPTION OF SUPPLIES OR SERVICES

: This task order is issued under the U.S. Department of the Treasury, Application Support Services Contract (ASSC) to update Treasury's Financial Analysis and Reporting System (FARS) to be compliant with a new Government-wide data standard for financial reporting which will take effect in FY 2014. The new data standard will become effective with the implementation of a new Government-wide system at Treasury's Financial Management Service (FMS): the Government wide Treasury Account Symbol Adjusted Trail Balance System (GTAS). The GTAS will collect financial data from all Federal agencies and will produce Govemment-wide financial statements. The GTAS will replace four FMS systems which currently perform this function. The GTAS data standard will have a pervasive impad on all of the consolidated and bureau-level financial reporting performed by Treasury's Office of the Deputy Chief Financial Officer, including Treasury's consolidated financial statements (reported to OMB quarterly) and financial reporting to FMS.

Period of Performance: 4/1512013 -4/1412014 (Phase II), Option: 4/1512014 -10/15/2014 (Phase

III)

2. REQUISITION NO. 4. NAME(S) OF PROPOSED SOURCE(S)

13PR-eIO-o045

3. COST ESTIMATE CyberData Technaogies.lnc.

Base P . . 12 months 455 Springpark Place, Suite 3000

(estimate) Herndon, VA 20170 1: 6 months Contract No. T08-1'I-D-0001 te)

REQUESl'ING OFFICE CERTIFICATION I certify that the attached justification is accurate. and contains complete data necessary to support the recommendation for onl one or limited awardees 'ustiflcatlon and a rovel.

5. REQUESTING OFFICE (Signature) (Phone No.) (Date)

(Phone No.) (Date) rocurement. If an were found allst Is attached.

clalist-.,: .. ,"';.

REPRESENTATIVE ("Ierne & TnM) M1~13

PROCUREMENT OFFice CERTIFICATION 1certify that this submission Is accurate, and that it contains complete Information necessary to enable Approving OffIcials to make an Infonned recommendation for approval or disapproval.

7. ASSIGNED CONTRACTING (Signature) (Phone No.) (Date) OFFiCER (Name) yl/l//3

Before requesting this procurement, state one statutory authority for this procurement to be conducted under "exception to fair opportunity" procedures. Provide narratiVe justiflC8tion associated with the respective stated authority in block number 13.

STATUTORY AUTHORITY EXCEPTIONS FAR 16.505 b 2 I lICe lin "X" In I rI...bolIand com ..",. ,..., of",. form

8. FAR 16.505 (b) (2) (I) (A) - NHclI••0 urgent th8t providing fair opportunity would ....ult In unacceptab..

delays.

This authority applies in those situations where (1) an urgent need preclUdes fair opportunity, and (2) delay in award of a delivery or task order would result In serious injury, financial or other, to the Government. (Explain why the agency's need for the supplies or services Is so urgent that the Government would be seriously injUred unless it limited the number of awardees. Solicitation from as many potential awardees as Is practicable under the circumstances is required).

9. FAR 18.505 (b) (2) (I) (8) - Only on. aw.rdee I. capabl. of providing the .upptlnl••rvlce. r.qulred at the lev.t of quality ..qulred becau•• th.y ... unlqu. or highly specialized; or brand n.m••peelflcaaon.

Explain what makes this awardee the only responsible source i.e., Does this proposed contractor have facilities or eqUipment that are specialized and vital to the effort? Is the proposed contractor the only one that can meet critIcal schedUles? Does the proposed contractor have prior experience of a highly specialized nature vital to the effort? Does the contractor have an exclusive licensing agreement? Why won't any other prodUct or service satisfy the need? What are the unique features of the product that are unavailable in any other brand or products?

Why was this particular product and/or vendor chosen? Are these features available In other models? Describe the rationale for the brand name specification. Describe the m8ft(et survey and analysis efforts leading to this conclusion. In addition, for brand name, Indicate that ,he use of such description in the acquisition Is essential to the Government's requirements, thereby precluding consideration of a product manufactured by another company):

10 FAR 18.505(b) (2) (I) (C) - The order mu.t be Issued on. so....ourc:e b••• In the Int.....t of economy and .mcleney bee It I. a logical fotloW-on to .n ord.r .I....dy I••ued und.r the contract (proVIded Ihat .11 .wa..... w given a fair opportunity to be con.ld.red for the original order).

Explain why the work Is a logical follow-on and provide information on the original fair opportunity for the first order. IX The rationale shall describe why the relationship between the initial order and the follow-on Is logical (e.g., In terms of scope, period of performance, or value).

11. FAR 18.505 (b) (2) (I) (D) - It I. n.e....ry to plac••n ord.r to .atlsfy a minimum guaran

This authority applies when It is necessary to award the deliveryltask order to a particular awardee or awardees in order to satisfy the minimum contractual guarantee.

12. FAR 16.505 (b) (2) (I) (E) - A st.ute expreuly authortzes or requires that the purchase be made from a specified source (for orders exceeding the SAT).

This authority may be used when a statute expressly authorizes or requires that the acquisition be made through another agency or from a specified source. (Cite the authority that expressly authorizes that the acquisition be made through another agency or from a specified source. and attach a copy c:A the statute). Note: While this statutory exception Includes the small disadvantaged business 8(a) set-aside program, a JEFO is not required for this type of procurement unless the amount exceeds $20 mMlion.

13. JUSnFICATION (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.

Application Support Services Contract orders are placed against existing multi-award 1010 contracts. This task order is a logical follow-on to be completed by CyberOata-IOL. which was competitively awarded the initial O&M task (SubCLIN 002-1). This reqUirement is integrally related to SubCLIN 002-1.

CyberOata developed three of the four applications within the FARS and configured a COTS product which serves as the fourth FARS application. They also perform regular O&M activities throughout each fiscal year to meet the constantly evolving requirements of FARS applications, via SubCLIN 002-1. As a result. they are extremely knowledgeable about Treasury's organization, the IT environment in which the FARS operates, and the financial management business and functional requirements which FARS supports. CyberOata-IOL has already accomplished a substantial portion of the \YOrk that needs to be completed for these GTAS updates to FARS.

Awarding this \YOrk to a contractor other than CyberOata would require another vendor to hire staff and develop familiarity with the FARS and GTAS systems, causing increased costs and an unacceptable delay in scheduled deliverables to OMB. Changing vendors at this stage of the project would represent a major risk to implementation of the reqUired GTAS updates and cause FARS applications to not collect or validate data property and/or to not report accurate financial information. Such an outcome would clearly have a negative impact on the Integrity of Treasury's financial reporting and would likely result in Treasury losing its unqualified audit opinion on its annual consolidated financial statements. It could also result in Treasury's failure to report financial data to FMS in accordance with FMS reporting due dates when GTAS goes live in production.

Failure to report financial data, including budget execution data, will impact external stakeholders.

including OMB and Congress.

B. DESCRIBE THE EFFORTS TAKEN TO ENSURE OFFERS WERE SOLICITED FROM ALL MUl.TIPLE-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) WASIWILl 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."

The ASSC contract has two awardees, only one of which possesses the experience with the GTAS project to meet Treasury and OMB requirements. The development and testing were expected to be completed during Phase II. with Phase III to involve short-term post-deployment support to solve any remaining issues to help Treasury bureaus become GTAS compliant. Due to OMB's mandated one-year delay of the GTAS go-live date, Phase II completion has been delayed until

April 2014, with Phase III projected to begin immediately following.

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

REASONABLE.

The contractor's proposal will be evaluated for fairness and reasonableness by the Contracting Officer and a Technical Evaluation Team (TEP) by comparing prices/costs with prior and similar task orders issued, by verifying the negotiated labor hourly rates already established in the basic 1010 ASSC, and by performing cost and price analysis techniques in accordance with FAR Subpart 15.404.

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).

Independent market research was not conducted for this task order because CyberData is the only source capable of completing the required services within the project schedule and maintaining the necessary program continuity. Based on the justification provided above, it is not feasible to bring in another contractor to perform this work. The lead time for another contractor to continue this program development and projects would be both time and cost prohibitive and would not be advantageous to the Government.

E. DESCRIBE ANY OTHER FACTS TO SUPPORT THE JUSTIFICATION.

GTAS is a new Bureau of the Fiscal Service (BFS) system to which all federal agencies must submit financial data when it goes live in December. All Federal agencies, including Treasury, must be able to successfully submit test data to GTAS by the end of June, when BFS/OMB will make their decision to go live with GTAS.

To test successfully, agencies must modify their existing systems to comply with the new GTAS data standard. Treasury is leading this effort by updating the FARS applications to be GTAS-compliant.

The current work stoppage on the FARS GTAS testing creates risk that Treasury will be unable to comply with the BFS/OMB GTAS data standard in June, potentially delaying the GTAS gO-live date, with consequent potential cost impacts to Treasury and other federal agencies.

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.

This GTAS development and implementation project is limited in duration. Any subsequent task orders for support to this program or for similar programs will be issued pursuant to Fair Opportunity and the terms of the ASSC contract.

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

OF FUNDS.

This requirement is not the result of lack of planning or the expiration of funds.