04.12_P00018_JEFO_Redacted.pdf

OFFICE OF ACQUISITION MANAGEMENT

Justification for Exception to Fair Opportunity

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

J&A-20-0098

Page - 3 - of 5 Version 1.1 business improvement requirements are identified by the Agency, the need to provide more secure, robust, reliable, responsiveness and available solutions and functionality for ICE becomes more essential to ensure effective support of the mission. Thus, a collaborative environment becomes mission critical throughout ICE.

Under Task Order , Dev Technogy Group, Inc. is maintaining and supporting a collaboration environment intended to: automate business processes; provide relevant and timely information; and provide a means for ICE employees to communicate within and outside of the agency. The new tasks are need to provide a continuation of services that maintain communication channels internal and external to ICE, DHS, and the broader community. The Cloud Migration support consists of moving all of the SharePoint solutions that fall under the Task Order to the cloud environment. The OFM Online support entails development and operations and maintenance (O&M) services for the OFM SharePoint site. WMS includes maintenance and enhancement services to the development and production websites for the ICE intranet and ICE internet.

The solicitation for this requirement was issued to all small business vendors supporting Functional Category 1 on the Enterprise Acquisition Gateway for Leading-Edge Solutions II (EAGLE II), Indefinite Delivery, Indefinite Quantity (IDIQ) contract. All awardees were given a fair opportunity to be considered for this original order. On , ICE awarded Task Order to Dev Technology Group, Inc.

It is in the interest of the Government to modify the Task Order on a sole source basis to Dev Technology Group, Inc. because award to another contractor would result in unacceptable delays. The Government estimates that a 120-day period would be necessary to provide knowledge transfer before another contractor would be capable of successfully performing this requirement. During this time, ICE would be unable to provide accurate and current information to its internal and external user community. The inability of ICE to communicate updates to this community would result in mass miscommunications in mission critical areas.

In addition, the efficiencies detailed above would be lost if Dev Technology Group, Inc. does not perform this work. The existing development projects would also be halted if there were delays. Dev Technology Group, Inc. has provided these services on this Task Order for over 4 years. The high level of quality in resources and work product on Task Order matched with industrial and historical knowledge deem the awardee capable of ensuring successful completion of tasks necessary to support the work stated above. Put starkly, award to any other source would result in unacceptable delays in fulfilling ICE’s requirements.

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

I hereby determine that the anticipated price to the Government for this Task Order action will be fair and reasonable based on an analysis of the contractor’s price to continue these services. The contractor’s priced labor hour rates will be verified to confirm that they do not exceed the established benchmark labor rates in the contractor’s EAGLE II contract. The

OFFICE OF ACQUISITION MANAGEMENT

Justification for Exception to Fair Opportunity

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

J&A-20-0098

Page - 4 - of 5 Version 1.1 level of effort and the mix of labor proposed will be evaluated to determinate that the total price is reasonable for the effort. The Contracting Officer will seek additional price discounts of the established hourly labor rates on the base contract.

6. Any other facts supporting the justification

N/A

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 agency plans to perform a full and open competition in FY21 for all the services on the current SharePoint Task Order. The program office will ensure that WMS and OFM Online support services are included in the next award period starting in FY21.

8. ICE intends to post this requirement on Beta.Sam.gov pursuant to FAR

16.505(b)(2)(ii)(D)