5.1.1-P0007 FAR 16.5 JEFO Exceeding SAT v1_Redacted.pdf

OFFICE OF ACQUISITION MANAGEMENT

ICE Acquisition Manual 3016.505-90

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

EXCEEDING SAT: FAR 16.505(b)(2)(ii)(B)

J&A-24-0286

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE), Office of Acquisition Management (OAQ), prepared this justification for an exception to fair opportunity on behalf of Homeland Security Investigations (HSI), Division 6, Law Enforcement Sharing Initiative (LEISI).

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

(a) Type of action: Contract Modification (70CMSD21FR0000189 P0007)

(b) Amount the current J&A is justifying: $254,180.33

(c) Brief Description: OAQ intends to modify an existing order, on a sole-source basis for business processes improvement and program management support services. This modification will add an additional Senior Management Analyst and increase the travel CLIN under Option 3 of the Task Order. The vendor listed below is currently performing work under this contract.

AVER LLC.

2138 Priest Bridge Court, Suite 1 Crofton, MD 21114

3. Description of Supplies/Services.

This requirement is to add an additional Senior Management Analyst (SMA) and to increase the travel contract line-item number (CLIN) under Option 3 of the Task Order. Currently the travel CLIN for option 3 is and needs to be increased by to to account for additional international travel required. Also, an additional SMA is required for option year 3 to meet the demands of the existing requirement. The additional SMA will be for 12 months of service. This is the same price for the SMA that is currently on the task order.

As a result of the additional travel and SMA, the Contract Access Fee (CAF) of the OASIS task order also increased. Under OASIS contracts, CAFs are included in each task order under a separate CLIN. The CAF percentage as of January 1, 2024 is 0.10% and applies to all prices/costs (all labor, ODCs, material, equipment, travel, and subcontractors). This CLIN is established as a Cost Reimbursable CLIN.

CLIN Description Current

Levels Increase New Total

Amount 3001a Additional

SMA

-N/A

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

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

GSA has already determined the prices of supplies and fixed-price services, and rates for services offered at hourly rates, under schedule contracts to be fair and reasonable. Therefore, ordering activities are not required to make a separate determination of fair and reasonable pricing, except for a price evaluation as required by FAR 8.405-2(d). During the price evaluation the contracting officer will review historical pricing information based on prices offered on the existing task order.

6. Any other facts supporting the justification.

None.

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.

This modification is to increase the Travel CLIN and add an additional SMA to option year 3 of an existing task order. This task order was competed on OASIS as a Small Business set-aside.

8. DHS intends to post this requirement on sam.gov pursuant to FAR 16.505(b)(2)(ii)(D).

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

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.

Kara Eutsler Technical Representative/COR

10. Contracting Officer Certification and Approval.

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:

Bryan Ford Contracting Officer

KARA L

EUTSLER

Digitally signed by KARA

L EUTSLER

Date: 2024.08.29 16:25:55 -04'00'

BRYAN J FORD Digitally signed by BRYAN J FORD Date: 2024.08.29 15:30:21 -05'00'