04C20F1013 - JEFO (O365 Support Services).pdf

U.S. Customs and Border Protection Justification for Exception to Fair Opportunity (JEFO) – FAR 16.505(b)(2)(i)(E)

Exceeding the SAT

Date: July , 2020 PR Number: 20119370

1. Agency and Contracting Activity

The U.S. Customs and Border Protection (CBP), Office of Information and Technology (OIT), Enterprise Data Management and Engineering Directorate (EDMED) and the Office of Acquisition’s (OA) Procurement Directorate prepared this Justification for an Exception to Fair Opportunity (JEFO).

2. Nature and/or Description of the Action Being Approved

CBP intends to award a firm fixed price (FFP) task order under INDIGO IT’s General Services Administration (GSA) Streamlined Technology Application Resource for Services (STARS) II Contract without considering other awardees pursuant to Federal Acquisition Regulation (FAR) Subpart 16.505(b)(2)(i)(E). This JEFO action is to ensure the continuity of services in support of the EDMED on a sole source (other than fair opportunity) basis. The period of performance for the anticipated task order is September 20, 2020 – Spetember 19, 2021.

3. Description of Supplies/Services

The Department of Homeland Security (DHS) Chief Information Officer (CIO) mandated that every component move to Microsoft’s Office 365 (O365) cloud services. The U.S. Customs and Border Protection (CBP) Office of Information and Technology (OIT) Enterprise Data Management and Engineering Directorate (EDMED) migrated all email services to O365 in July 2019, and now has several major post enablement initiatives to complete full Office 365 adoption.

EDMED, as the O365 Service Owner, requires continued contractor support in transitioning O365 into a mature Operations and Maintenance (O&M) state, to include the tasks of providing O365 subject matter expertise on currently enabled service, further enabling O365 services, developing governance, training and communications strategies, and helping align O365 O&M activities with overall CBP cloud service strategies. As part of performing these activities, the Contractor will be required to continue work with various CBP and DHS stakeholders as well as potentially other industry partners, such as but not limited to Perspecta, Veritas, ProofPoint, Okta, Cisco, and Microsoft.

The contractor will provide support services to assist CBP in the effort of continuing transitioning O365 services into an O&M state and planning future service sustainment, strategies and activities for Office 365, including but not limited to core O365 services enablement, Identity Management Active Directory/Active Directory Federation Services configuration, eVault migrations, Journaling, and Exchange cleanup activities, and enablement and operational sustainment of O365 applications including but not limited to OneDrive, Teams, Skype Online, and SharePoint.

The estimated value is .

4. Identification of Statutory Authority Permitting Other Than Full and Open Competition.

The statutory authority permitting the award of this task order without providing for a fair opportunity to be considered for competition is FAR 16.505(b)(2)(i)(E) – For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source. Specifically, this STARS II directed order will be awarded under the 8(a) Program pursuant to the authority of the Small Business Act, 15 U.S.C. 637(a).

The proposed award will result in a task order issued under the GSA’s 8(a) STARS II Government-wide acquisition contract (GWAC). The 8(a) STARS II GWAC is a competitively awarded, multiple-award, indefinite-delivery, indefinite-quantity contract for requirements associated with four North American Industrial Classification System (NAICS) codes, one of which this acquisition will use: NAICS 54151 Computer Services.

STARS II was authorized under the provisions of Section 8(a) of the Small Business Act, 15 U.S.C. 637(a), and retains the 8(a) sole source (a/k/a/ “directed order”) authority found in FAR Subpart 19.8 – Contracting with the Small Business Administration Program (The 8(a) Program). STARS II was the result of a competitive 8(a) procurement, which was offered to and accepted into the SBA 8(a) program; therefore, order requirements do not require an additional offer and acceptance from SBA per 19.804-6(a).

STARS II allows for directed orders under the competitive threshold, currently $4.0 million, per FAR 19.804-6 and has the same per order ceiling on directed orders for all industry partners.

5. A Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable

The Contracting Officer (CO) will determine the final price to be fair and reasonable prior to award, using applicable price analysis techniques. The competitive STARS II basic published pricing is available on the 8(a) STARS II website and is useful as references for Ordering COs to incorporate into their price analyses for FFP type contracts. The Ordering CO will consider the published prices in the STARS II contracts versus proposed prices for the specific items being ordered, to determine that the total FFP for the order is appropriate given the requirements and order type, consistent with FAR 15.4, Contract Pricing.

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

None. Sole source 8(a) awards under the established competitive threshold are expressly permitted by statute.

8. CBP intends to post this requirement on FedBizOpps pursuant to FAR 16.505(b)(2)(ii)(D)

A copy of this Exception to Fair Opportunity will be posted within 14 days after placing the order to beta.SAM.gov as required by FAR 5.301(d)(3) and FAR 16.505(b)(2)(ii)(D) and will remain posted there for a minimum of 30 days.

9. Technical / Requirements Personnel Certification

Pursuant to FAR 16.505(b)(2)(ii)(B)(9), I certify that this requirement meets the Government’s minimum need and that the supporting data, which form a basis for the justification, are accurate and complete.

Technical Representative/COR Date

10. Contracting Officer Certification:

Pursuant to FAR 16.505(b)(2)(ii)(B)(8), I certify that this justification is accurate and complete to the best of my knowledge and belief and hereby determine that the circumstances for an exception to fair opportunity exist:

Contracting Officer Date

Approvals:

11. Competition Advocate (Per FAR 16.505(b)(2)(ii)(C)(2) - )

Approved Disapproved

Name (Print): ________________________

Signature: _ __ __________ Date: _____________ x