TSF 1012 - Limited Sources Justification_Redacted.pdf

DEPARTMENT OF THE TREASURY

LIMITED-SOURCES JUSTIFICATION

This acquisition is conducted under the authority of the Multiple Award Schedule Program (see FAR 8.401)

Treasury Standard Form – 1012 (Rev 5/18)

Prescribed by Treasury: DTAP 1008.405-6

1. Identification of the agency and the contracting activity:

Requiring Activity: U.S. Department of the Treasury, Office of the Comptroller of the Currency (OCC), Office of Management/Information Technology Services (Hardware/Software) (OM/ITS (HW/SW))

Contracting Activity: U.S. Department of the Treasury, OCC, Acquisition Management

(AQM)

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

The purpose of this limited-sources justification is to obtain approval to award a sole source bridge under a combined, firm-fixed-price and labor hour contract type with Executive Information Systems, LLC (EIS) for the purchase of the brand-named items described in section 3.a below, as well as expert services associated with those items. The period of performance will be for a base period from October 1, 2024 through September 30, 2025, and a 12-month option period from October 1, 2025 through September 30, 2026.

2.b Name of the Vendor:

Executive Information Systems, LLC (EIS) located at: 6901 Rockledge DR STE 600, Bethesda, MD 20817

2.c Requisition No.:

OCC2500230000

2.d Bridge contract: Yes No 2.e Brand name: Yes No 3.a A description of the supplies or services required to meet the agency’s needs:

The proposed acquisition is to acquire maintenance and support for the OCC’s existing SAS and SAS Viya products (see Attachment 1 for a list of maintenance products.

SAS maintenance and support must be purchased either directly from the manufacturer or an authorized reseller of SAS products. The Government seeks maintenance and support to the existing products owned by the OCC.

3.b Includes IT: Yes No

NAICS – 541519 Other Computer Related Services

PSC – DA10 IT and Telecom - Business Application/Application Development Software as a Service

3.c IGCE/Estimated dollar value:

The IGCE value is inclusive of the base and option year periods.

This acquisition is conducted under the authority of the Multiple Award Schedule Program (see FAR 8.401)

4.a Identification of the authority being used (Check the appropriate box that applies).

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

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

FAR 8.405-6(a)(1)(i)(C) – In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order or BPA provided that the original order or BPA was placed in accordance with FSS procedures 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(b) – Items peculiar to one manufacturer. The licensing agreement between Original Equipment Manufacturer (OEM), SAS, and the OCC is exclusive in terms of entities that are authorized to resell, or in this case maintain, the stated SAS products.

4.b Supporting Rationale:

The proposed Contractor’s unique qualifications and the nature of the acquisition precludes competition based on the following:

1) The proposed Vendor (EIS) is the only Authorized Reseller for maintenance of the version

9 SAS products predominantly utilized by the OCC for this requirement. Additionally, EIS is one of only two Resellers capable of maintaining the SAS Viya software suite of products; as such, the proposed source has the sole unique technical and other resources required for the maintenance required;

2) The OCC currently receives maintenance support for SAS products by EIS, in which the

Government has a vital need for continuity of operations, including:

a) Patches and technical support necessary to ensure the SAS software functions properly;

b) Enablement of technologies supporting the infrastructure for analytical tools to support the OCC’s Economics Staff; and

c) SAS Viya professional services support for user training, identifying code for refactoring, and assisting users on updating their code.

This justification supports the rationale for limiting sources to only one particular Vendor, EIS, which is the only source reasonably able to meet the Government’s requirements in terms of service delivery timing and quality for SAS product maintenance and support within less than 30 days. With consideration to a full transition period taking at least 1 year to seamlessly complete activities for system(s) vetting and access, data filtering and migration, as well as users’ training support, no other Vendor would be able to complete this action at the level of quality required as the services are considered highly specialized to perform.

This acquisition is conducted under the authority of the Multiple Award Schedule Program (see FAR 8.401)

5. A determination by the ordering activity Contracting Officer that the order or BPA represents the best value consistent with FAR 8.404(d):

The Contracting Officer has determined the order represents the best value consistent with FAR 8.404(d) and lowest overall cost alternative considering price, schedule, and administrative costs to meet the Government’s needs. In addition, based on pricing obtained from the proposed Vendor (EIS) for the SAS and SAS supplies and services needed, in comparison to the Government’s estimate (i.e., IGCE), the quote is less than for what the Government would agree to as being a reasonable price for the SAS offerings.. Moreover, competing for and the vetting of a new Vendor at this time would put the Government at risk of losing institutional, expert knowledge, a lapse in support services currently received, and an significant loss in its return on investment due to the re-vetting and recoding process of new system(s), inflated prices to account for risk, and retraining the OCC staff on use of new tools.

6. A description of the market research conducted among schedule holders and the results or a statement why market research was not conducted:

Due to the nature of acquisition and the unique qualifications of the proposed Vendor as described in Section 5. above, formal market research was not conducted. However, during the period in which the bridge contract will be in place, the Government will have the sufficient time necessary for conducting thorough market research for products, maintenance, and training/guidance services similar or more advanced to the Government’s current SAS investment. The OCC may release draft reports, work scopes, deliverables, workflows, and other information needed to ensure potential sources are 7.a Any other facts supporting this justification:

The incumbent Vendor (EIS) is in the best position, from a timing and cost perspective, to provide the continued services for this shortened period, as the Vendor has been effectively providing the services for more than 15 years. The bridge contract is necessary to enable the OCC to continue conducting critical economics analytics in a timely manner in support of the OM/ITS (HW/SW) Business Unit. Without the bridge contract, the OCC Economist department, large banks, and the Chief National Bank Examiners departments will not have any recourse if they run into technical problems with SAS products while analyzing OCC data. This would greatly impact how the OCC charters, regulates, and supervises all national banks and federal savings associations, and federal branches and agencies of foreign banks. Accordingly, EIS, is the only Vendor capable of providing the supplies and services described in Section 3.a above without the OCC experiencing unacceptable delays or lapse in fulfilling its requirements ensuring banks supervised operate in a safe and sound manner and provide fair access to financial services, while remaining compliant with applicable laws and regulations.

7.b Attachments: Yes No RFQ

8. A statement of the actions, if any, the Requiring Activity and Contracting Activity may take to remove or overcome any barriers that led to restricted consideration before any subsequent acquisition for the supplies and services is made:

The Contracting Activity, in conjunction with the Business Unit, plans to research the industry for potential sources through the posting of a sources sought notice to SAM.gov or other

This acquisition is conducted under the authority of the Multiple Award Schedule Program (see FAR 8.401) methods, once salient characteristics are developed for the long-term requirements solution.

The Contracting Activity will continue to search the marketplace for potential sources by querying the Governmentwide Point of Entry and/or soliciting feedback from industry on alternative solutions. In addition, future requirements that are found to retain the same branded products and services will be vetted for any new entrants and resellers when competing the acquisition under other available vehicles, including NASA SEWP schedule contracts, particularly for any Small Disadvantaged Businesses (SDBs), to promote competition and opportunities for SDBs.

The Government will also continue to seek industry feedback for purposes of seeking potential sources of supply with the same or similar salient characteristics and will engage with the OCC Security Office’s Information System Security Manager on the feasibility of adding additional products to the approved software list for future use.

9. Certifications and Approvals:

9.a Program Office Certification (Requiring Activity). I hereby certify that any supporting information and data provided (e.g., the Government’s minimum needs or requirements, or other rationale for the limited sources) and which form the basis for this justification for an exception to fair opportunity, are accurate and complete to the best of my knowledge and belief.

Name: Terry Radcliff Date:

Signature:

9.b Contracting Officer Certification and Approval. I hereby determine the circumstances of this acquisition support the justification to acquire these supplies or services on a limited source basis. I also certify this limited-sources justification is accurate and complete to the best of my knowledge and belief. Therefore, unless additional approvals are required as prescribed below, as the authorized contracting officer for this acquisition, I hereby approve the processing of this requirement on a limited-source basis.

Name: Anethra Facione Date:

Signature:

Theresa P. Radcliff Digitally signed by Theresa P. Radcliff Date: 2024.09.24 06:37:03 -04'00'

Anethra A. Facione Digitally signed by Anethra A. Facione Date: 2024.10.17 16:50:02 -04'00'