JEFO_70B04C18F00000093_P00009_SIGNED-JJB.pdf

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

Exceeding the SAT

Version 1.0 September 2016

Date: 09/23/2019 PR Number: 20111402

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS); Customs and Border Protection (CBP);

Office of Acquisition; Aviation, Maritime, and Border Technologies Contracting Division proposes to award an order pursuant to FAR 16.505 (b)(2)(i)(A), The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

2. Nature and/or description of the action being approved.

CBP intends to extend task order 70B04C18F00000093 without considering other awardees under the GSA OASIS IDIQ contract pursuant to FAR 16.505(b)(2)(i)(A). This justification for an exception of fair opportunity is intended to support an extension of the current order issued to Rivertech, LLC for a period of five months.

Name and Address of vendor:

Rivertech, LLC 10807 New Allegiance Drive, Suite 350-200 Colorado Springs, Colorado 80921-3796

3. A description of the supplies or services required to meet the agency’s need (including the estimated value).

The Customs and Border Protection (CBP) Field Support Directorate (FSD) is seeking support to provide infrastructure, operations and maintenance services in locations where the Tactical Communications (TACCOM) Systems have been enhanced with technology upgrades as well as increased system coverage capabilities within certain Areas of Responsibilities (AORs). The Contractor shall provide personnel with the capability to provide a complete range of infrastructure, operations and maintenance services to support the Field Support Directorate AOR while employing industry best practices. The total estimated value of this EOS is $925,173.42.

4. Identify the exception to fair opportunity and supporting rationale, including a demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the exception cited.

FAR 16.505(b)(2)(i)(A). The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

Rationale:

Exceeding the SAT

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As the current contractor, Rivertech provides critical infrastructure maintenance and support solutions that include a range of services needed to maximize and sustain operations of existing AORs, such as training, tower climbing, and program management.

Rivertech provides this support and retains specific CBP BI cleared resources with the requisite expertise, knowledge, and experience specific to CBP’s systems, processes, and personnel that are essential to continued operations of those systems during a period of contract competition for the follow-on support.

The current order’s period of performance is 8/1/2019 to 10/15/2019. The plan for the follow-on acquisition is to award a competitive acquisition through the new DHS TACCOM II IDIQ contract. However, the current services will be necessary beyond 10/15/2019 as the agency continues its preparation for the follow-on competitive action.

Thus, the extended services will provide coverage to avoid a possible lapse in criticial operations and maintenance services of CBP tactical communications systems until a competitive contract is awarded. The contract extension will provide coverage for the currently supported scope of work to avoid a possible break in services including loss of functionality of systems or system components receiving maintenenance until a competitive contract is awarded.

Other companies are capable of doing the work, but considering ramp-up time and training that would be necessary to fully onboard a new contractor, it is impracticable to compete this effort in the limited time remaining under the current contract. The significant transition learning curve, start-up lead time requirements (including background investigation clearances for access to CBP information, systems, and facilities) for the support of multiple site locations poses a significant risk of disruption in critical operational tactica communications functionality. The lapse in any of these services poses an unacceptable risk to Border Patrol mission requirements. Because Rivertech has the body of knowledge, resources and experience in place necessary to provide CBP with the required services without risking an interruption in critical mission capabilities, it is in the Government’s best interest to extend the current to ensure continuity of these services.

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

The Contracting Officer anticipates that the cost will be fair and reasonable based on the government’s IGCE, documented historical cost, and data from the previously competitively awarded contract.

6. Any other facts supporting the justification.

N/A

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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.

As a long-term action to provide this support, following the extension period, a competitive contract award will be made to one of the TACCOM II IDIQ contract holders. It is anticipated that a solicitation will be released for the follow-on effort in the first quarter of fiscal year 2020.

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

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 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:

Contracting Officer – Joshua J. Bedregal Date

*Note: In accordance with FAR 16.505(b)(2)(ii)(C)(1), proposed orders with an estimated value exceeding the simplified acquisition threshold, but not exceeding $700,000, the ordering activity contracting officer’s certification that the justification is accurate and complete to the best of the ordering activity contracting officer’s knowledge and belief will serve as approval. For CBP, the contracting officer should sign each justification prior to approval by the next higher level (e.g., Competition Advocate, HCA, and/or CPO).

► JEFO Approvals:

12. COMPETITION ADVOCATE (Per FAR 16.505(b)(2)(ii)(C)(2) - Above $700,000)

Approved Disapproved

9/24/2019

09/24/2019

X

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Name (Print): Richard Gunderson Competition Advocate

Signature: ___________________________ Date: _____________ 09/24/2019

Name (Print): Richard Gunderson