04.03_FAR 16.5_JEFO_Exceeding_SAT_Deloitte Interim Contract Redacted.pdf

OFFICE OF ACQUISITION MANAGEMENT

Justification for Exception to Fair Opportunity

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

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1. Agency and Contracting Activity.

The Department of Homeland Security, U.S. Immigration and Customs Enforcement, Office of Acquisition Management, prepared this justification for an exception to fair opportunity on behalf of Homeland Security Investigations (HSI), Mission Support, Finance, Acquisition and Asset Management (FAAM 1 and 2).

2. Nature and/or description of the item/service being procured and anticipated cost:

(a) Type of action: Firm-Fixed Price, Sole Source Interim Task Order

(b) Amount the current J&A is justifying: $763,192.23

(c) Brief Description: OAQ intends to procure, on a sole source basis, program management support services in the form of an interim task order to the ending task order HSCEMD- 16-F-00151, consisting of a two (2) month base period with a one (1) month option period. Total of a possible three (3) month task order.

Deloitte Consulting, LLP 1750 Tysons Blvd McLean, VA 221102

3. Description of Supplies/Services.

This requirement will provide an additional three months of program management support at an estimate of $763,192.23. The current task order for these services HSCEMD-16-F-00151 performance ends on June 29, 2020. This interim requirement will provide a base period of two (2) months (June 30, 2020 - August 29, 2020) with an optional one (1) month (August 30, 2020 - September 29, 2020). These services are required to facilitate HSI Mission Support in providing Law Enforcement Sensitive (LES)-mission critical activities. The vendor, Deloitte, provides contractor staff to assist HSI Mission Support FAAM, Workforce Management (WFM), Intel and the Office of Professional Responsibility (OPR) in the areas of financial and program management services. This interim task order supports the continuity of vital services which support financial, acquisition, workforce, intelligence and global trade investigations in furtherance of the ICE and HSI Mission Support. The nature of information being compiled and analyzed is critical to support field agents both domestically and internationally to secure their informants/assets. The task order provides critical mission support assistance for LES programs, including Visa Security Program, International Operations, Global Trade Investigations and OPR investigations. The task order will support ongoing LES activities with urgent deadlines associated with providing funding and administrative capabilities to headquarters and agents overseas to execute LES mission-critical operations. Continuing to analyze organizational effectiveness and efficiency and assess possible differences or changes in program content, while recommending potential corrective actions and solutions.

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

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OAQ/IOSD and HSI Mission Support are currently working on the competitive solicitation for a new requirement for program management support to replace services currently being performed on HSCEMD-16-F-00151 which is expected to be awarded on or about August 11, 2020, with a performance start date of August 31, 2020. This new requirement has transition time built in to allow for a new vendor to acquire the knowledge and skills necessary to perform these services. As such, it is in the best interest of the Government to continue receiving program management support services from Deloitte Consulting, LLP until the full and open competition-based award is completed and the new vendor has transitioned into the role.

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

The rates for the sole source interim task order will be commensurate under the most recent performance period of the current task order HSCEMD-16-F-00151 that were determined to be fair and reasonable at time of award. In accordance with FAR 15.404-1(b)(2)(ii), price reasonableness will be determined by comparison of proposed prices to historical prices paid, either by the Government or other than the Government, for the same or similar items. This method may be used for commercial items including those “of a type” or requiring minor modifications. A price analysis will be performed, comparing the rates offered under this sole source bridge interim task order (current contract period rates) with the current task order (HSCEMD-16-F-00151). The Contracting Officer will assess the level of effort and the mix of labor proposed by Deloitte and determine that they are commensurate with the work required. By awarding this interim sole source bridge task order, the Contracting Officer will determine that the order represents the best value and results in the lowest overall cost alternative (considering price, special features, administrative costs, etc.) to meet the Government’s needs.

6. Any other facts supporting the justification.

Deloitte offers the quality level of service required for the next three months because of their programmatic knowledge acquired during the current contract. Deloitte’s ability to combine and custom-tailor technologies such as VBA and SharePoint to improve LES-mission support processes, results in operational efficiencies that another vendor could not provide at this point without a reasonable transition period. Deloitte implemented proprietary financial applications and data-sharing solutions, all of which the government depends on to perform mission-critical functions on a daily basis.

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 Program Office is actively working with ICE-OAQ to perform a full and open competition for the same services included in the current task order and this proposed sole source interim task order. Once the new award is made for the services, ICE will no longer

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

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8. DHS intends to post this requirement on beta.SAM pursuant to FAR 16.505(b)(2)(ii)(D)(5).