JEFO_CADE_3-19-13.pdf

1/2012 Prescribed by FAR 16.505 (b) (2)

DEPARTMENT OF THE TREASURY

INTERNAL REVENUE SERVICE

MULTIPLE DELIVERYfTASK ORDER CONTRACTS

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY (JEFO)

REPRESENTATIVE

(Name & Title)

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 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 ro osed su Iier s in accordance with FAR 16.505 b 2 ii B:

1. DESCRIPTION OF SUPPLIES OR SERVICES

The objective of this Task Order requirement is to obtain advanced security engineering services for the Customer Account Data Engine (CADE) 2 Program Management Office (PMO) to include:

• Security Engineering Design and Analysis

• Security Architectural Layout

• Penetration Testing and Vulnerability Assessment Support

• Documentation Development

• Documentation Review

• Analysis of Interconnected Systems Affecting CADE 2

• Security Training Course Development

• Security Industry Best Practice Analysis, and

• Product Evaluation.

The Period of Performance is as follows: Base Period of 6 months from Date of Award, plus two 6 month Option Periods (for a total of 18 months), up to approximately June 29, 2014.

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

Q-3-QR-01-A1-BOO-000 HumanTouch, LLC 7900 Westpark Drive Suite T600 McLean, VA 22102

Base Opt 1 Opt2

3. COST ESTIMATE

TIPSS-4 Contract No. TIRNO-11-D-00079

Total

REQUESTING 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 'ustification and a roval.

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

6. SMALL BUSINESS (Signature) (Phone No.) (Date) SPECIALIST ~a'- (Name and Title)

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 res ective stated authori in block number 13.

STATUTORY AUTHORITY EXCEPTIONS FAR 16.505 b 2 i lace an ")(" in a ro riate box and com lete the rest of the form)

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

This author'ity 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 re uired .

9. 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.

Explain what makes this awardee the only responsible source Le., 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 satis the need? Describe the market surve and anal sis effort leadin to this conclusion.

10. 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).

Explain why the work is a logical follow-on and provide information on the original fair opportunity for the first order. 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.

x

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

This authority applies when it is necessary to award the delivery/task order to a particular awardee or awardees in order to satisfy the minimum contractual guarantee.

12. 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).

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 or the agency's need is for a brand name commercial item for authorized resale. (Cite the authority that expressly authorizes that the acquisition be made through another agency or from a specified source, and attach a copy of 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 million.

13.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.

This is being pursued under the Exceptions to the Fair Opportunity Process, FAR 16.505(b) (2) (i) (D) in order to meet the Minimum Guarantee with an award to HumanTouch, LLC. HumanTouch, LLC was 1 of 18 Small Business CyberSecurity Contractors awarded an IDIQ contract under the TIPSS-4 full and open competition. By awarding this Task Order to HumanTouch, LLC, the Minimum Guarantee amount of $50,000.00, stated in Section B.3 of the IDIQ Multiple Award Contract (MAC), will be met.

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) 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."

This requirement is for an award of a Task Order under an IDIQ MAC that was originally solicited under full and open competition. This award is needed to satisfy the Minimum Guarantee of $50,000,00. A fair notice of intent to make a purchase with supporting documentation will be published on the Agency's web page for alllDIQ Awardees to see, as required by FAR 16.505(b) (1)

(iii) (B) (1). All Contractors responding to the notice of fair opportunity can submit an offer and have that offer fairly considered.

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

AND REASONABLE.

Prior to award of the 10lQ MAC, the Contracting Officer determined the Contractor's rates to be fair and reasonable based on applicable 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).

Market research included an Industry Day held on February 13, 2008, a Draft RFP issued on December 11, 2009, and a Pre-solicitation Conference held on January 12, 2009. Additional Internet research was performed on the awardees.

E. DESCRIBE ANY OTHER FACTS TO SUPPORT THE JUSTIFICATION.

A Performance Work Statement (PWS) and Independent Government Cost Estimate (IGCE) were developed and support the justification.

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.

Uhless the need arises to satisfy the minimum guarantee for another awardee under the basic TIPSS-4 contracts, it is the intent of the Government to compete all future acquisition among the IDIQ contractors that received an award as a result of the initial Request for Proposal (RFP) No. TIRNO-09-R-00012.

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

OF FUNDS.

This requirement does not result from a lack of planning or the expiration of funds.

ADDITIONAL APPROVALS

14. BUREAU COMPETITION [X] APPROVE

0 ADVOCATE (Name & Title) ~o wq, [ ] DISAPPROVE >0 O~.,.

[ ] APPROVE

~U) [ ] DISAPPROVE w·

0'"

[ ] APPROVE

~U) w· [ ] DISAPPROVE >~ 0'"

SENIOR PROCUREMENT

EXECUTIVE (Name & Title)

(Signature) (Phone No.)

(Date)

(Signature) (Phone No.)

(Date)

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

Control #FO 2013·05

I