1.5.1 JOFOC_Final_3.23.21_Redacted.pdf

OFFICE OF ACQUISITION MANAGEMENT

ICE Acquisition Manual 3006.301-90

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. 3304

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4. Identification of statutory authority permitting other than full and open competition.

The statutory authority permitting other than full and open competition is 41 U.S.C. §3304 as implemented by:

☐ FAR Subsection 6.302-1: Only one responsible source and no other supplies or services will satisfy agency requirements.

☐ 6.302-2: Unusual and compelling urgency.

☐ 6.302-3: Industrial mobilization; engineering, development, or research capability; or expert services.

☐ 6.302-4: International agreement.

☒ 6.302-5: Authorized or required by statute.

☐ 6.302-6: National security.

☐ 6.302-7: Public interest.

5. Demonstration that the nature of the acquisition requires use of the authority cited.

ICE/OAQ intends to procure Break-Fix and Operations & Maintenance (O&M) support for SETA. That support includes modifying SETA courses; improving performance; adapting to a changed environment or maintenance activities focused on anticipated problems; and performing preventative maintenance to support a continuously operating and reliable, stable, and secure application. SETA has a complex technology platform that needs an experienced team to perform patch and break-fixes quickly.

Pursuant to FAR 6.302-5, the agency is authorized to issue sole source awards under the HUBZone Act of 1997 (15 U.S.C. § 657a). These services are currently provided under Task Order HSCETC-16-J-00055 by 360 IT Integrated Solutions (a joint venture between Geocent, LLC and the Newbery Group). The Task Order expires on March 29, 2021. Geocent is now a member of a mentor protégé joint venture (MPJV) with 4S-Silversword under the name of Geo4S Technologies LLC, which is a HUBZone small business. The HUBZone Certification Number is 59918.

In accordance with FAR 19.1306(a), the Contracting Officer considered award to a HUBZone small business concern on a sole source basis before considering a small business set-aside after confirming that none of the exclusions at 19.1304 applied and the following conditions are satisfied:

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. 3304

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No reasonable expectation that offerors would be received from two or more HUBZone small business concerns On January 29, 2021, OAQ issued a special notice on beta.SAM.gov regarding its intent to award this requirement as a sole source to GEO4S Technologies. Two responses from HUBZone contractors were received but the details provided in the responses lacked evidence of the requisite experience with the training systems unique to the SETA requirement. Without the requisite experience, the contractors would not be able to properly maintain SETA at the time of award which would result in performance issues which could jeopardize the program. Therefore, ICE does not have a reasonable expectation that we’ll receive responses from two or more qualified HUBZone concerns.

Anticipated price will not exceed $4.5M for non-manufacturing NAICS code The NAICS code for this requirement is 518210 - Data Processing, Hosting, and Related Services which is a non-manufacturing NAICS code. The total estimated price, including options, is and will not exceed $4.5M.

Not currently being performed by an 8(a) participant under the provisions of subpart

19.8 or accepted as a requirement by SBA under subpart 19.8 Services are currently provided by 360 IT Integrated Solutions (DUNS: 962373515) which is not an 8(a) small business.

Acquisition is greater than the simplified acquisition threshold (SAT) The total estimated price, including options, is and therefore greater than the SAT of $250,000.

The HUBZone small business concern is a responsible contractor with respect to performance Prior to award, the Contracting Officer determined that GEO4S is a responsible contractor. The contractor’s past performance is satisfactory.

Award can be made at a fair and reasonable price.

The Contracting Officer (CO) anticipates the proposed price will be fair and reasonable.

GEO4S is a HUBZone company that is the only known company that can provide Break-Fix and Operations & Maintenance (O&M) support for SETA while ICE prepares for the recompete and transition to a new contract. GEO4S developed the SETA training applications which have a complex technology platform that only a seasoned team can patch and conduct break-fixes.

Additional time is needed to ensure there is an overlap in services to facilitate the transition to a new contract.

The lack of transition time to another contractor to learn the technology and custom code of the applications would create a great risk to SEVP if the system went down and the contractor did not have the knowledge or capabilities to get the system back up in a timely manner. No

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. 3304

- 4 -contractor other than GEO4S has the historical knowledge of the existing application to properly transfer to a successor contractor and cleared personnel in order to continue operations without a gap in service. A gap in service would significantly impact the ICE mission because SEVP would be unable to provide supplemental training to the Designated School Officers (DSOs).

DSOs serve as a link between nonimmigrant students and SEVP and play a central role in ensuring the nonimmigrant students at their school maintain status while in the United States. Ill-trained DSOs jeopardize the success of the program. Some schools only have one DSO; if the DSO is not trained the school would be noncompliance an unable to maintain its status as a SEVP certified school.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable.

☒ OAQ intends to publicize this requirement, prior to award, as required by subpart 5.2 by posting a notice on beta.Sam.gov on

☐ OAQ does not intend to publicize this requirement, prior to award, based on the following 5.202(a) exception:

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

The Contracting Officer (CO) anticipates the proposed price will be fair and reasonable. The program office will complete an analysis of the proposed level of effort to ensure that it aligns with the requirements outlined in the Performance Work Statement. Further, the CO will compare the proposed pricing and labor rates to historical pricing for similar services.

8. Description of market research.

Market research identified GEO4S as the only contractor that can deliver Break-Fix and Operations & Maintenance (O&M) support to prevent a gap in service while ICE prepares to recompete and transition the effort. On January 29, 2021, OAQ issued a special notice on beta.SAM.gov regarding its intent to award this requirement as a sole source to GEO4S.

Responses were received from two HUBZone contractors – NiyamIT and PositivePsyche.Biz Corp. Technical review of the responses revealed that the contractors did not appear to possess the requisite experience to fully satisfy the Government’s requirements or onboard and transition in time to prevent a break in service. Additional market research efforts are ongoing to identify if additional sources are available. ICE intends to issue a Request for Information on beta.SAM.gov to determine interest and capability among contractors which may not be HUBZone concerns. ICE intends to limit the period of performance of this sole source to a duration that is reasonable to recompete, transition and facilitate knowledge sharing on any subsequent recompete.

9. Any other facts supporting the use of other than full and open competition.

Not applicable.

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. 3304

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10. A listing of the sources, if any that expressed, in writing, an interest in the acquisition.

Two contractors other than GEO4S expressed interest in this acquisition:

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for supplies or services required.

ICE is preparing to compete the follow-on contract. ICE intends to include sufficient time for transition in the new contract as a means of overcoming barriers to future competition.

After award of this action, DHS intends to post the approved/signed justification pursuant to and 6.305(a).

After award of this action, DHS does not intend to post the approved/signed justification in accordance with 6.305(f).

12. Contracting Officer’s Certification.

I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

Contracting Officer Date

13. Technical/Requirements Personnel Certification.

I certify this requirement meets the Government’s minimum need and that the supporting data which forms a basis for this justification is complete and accurate

Technical Representative/COR Date