ACTI OES JEFO_Exceeding_SAT_FAR_16.505(b)(2) 20240723.docx

Attachment 6 U.S. Customs and Border Protection Justification for Exception to Fair Opportunity (JEFO) – FAR 16.505(b)(2)(ii)(B) Exceeding the SAT

Date: 08/02/2024 PR Number: 20240723

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP), Enterprise Services, Office of Information and Technology (OIT), Passenger Systems Program Directorate (PSPD), and the Office of Acquisition Information Technology Contracting Division (ITCD) prepared this Justification for an Exception to Fair Opportunity (JEFO).

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

The Office of Acquisition, Information Technology Contracting Division (ITCD) intends to extend task order, 70B04C24F00000159, for two-months without considering other awardees under One Acquisition Solution for Integrated Services Small Business (OASIS SB) contract number #47QRAD18D0006, pursuant to FAR 16.505(b)(2)(i)(B).

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

This requirement is to continue to provide Passenger Systems Directorate (PSPD with enterprise level program management support. The program management includes but is not limited to:

· Budget and financial analysis and cost estimation,

· Logistics and asset management support for mission specific IT systems and administrative IT equipment such as laptops, smartphones, tablets, etc.

· Direct support to OIT Assistant Commissioner/Deputy Assistant Commissioner for CBP Enterprise IT governance, including portfolio and program management, IT acquisition oversight, enterprise architecture, IT policy and strategic planning.

· Executes Acquisition Lifecyle Framework and Systems Engineering Life Cycles

The estimated value of the extension is

Period Total Base 2 mo. $218,393.05

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)(B). Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

Rationale:

ACT I is the current vendor providing these services to OIT/PSPD under Task Order 70B04C24F0000159. This Task Order expires August 15, 2024. CBP established a multiple-award Enterprise Small Business (ESB) Blanket Purchase Agreement (BPA) for varying professional services and emerging technology requirements. This requirement will fall under the scope of the recently established ESB BPA, however the ESB Professional Services Task Order is set to be awarded on September 16, 2024. To provide a proper transition through the end of Quarter 4, CBP intends to award this sole source action.

Amongst other tasks, ACT-I manages the distribution and tracks the transfer of Jumpkits to Global Entry Sites. Jumpkits are mobile workstations that Border Patrol Officers use for Global Enrollment applicants and allow expedited clearance of pre-approved, low-risk travelers. The Jumpkits consist of a portable desktop, monitor, passport scanner, fingerprint scanner, webcams, document scanners and signature pads and are used at over forty (40) sites. In addition, ACT-I, coordinates with PSPD’s Systems and Technical Support (SYSTech) Team to track distribution of 3,000 USB drives to the Office of Field Operations (OFO) that support the Portable Automated Lookout System (PALS) to over 100 CBP field sites. Without these mission critical capabilities and a loss of cleared personnel with the institutional knowledge to support critical functions would cause a disruption of essential services being provided by ACT-I.

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

The Contracting Officer will determine that the anticipated cost to the Government will be fair and reasonable by comparing the proposed rates to the OASIS SB ceiling rates, the current task order pricing and comparing the proposed price to the Independent Government Cost Estimate (IGCE).

6. Any other facts supporting the justification.

There are no other facts supporting the justification.

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 has conducted a competition and made an award for the Enterprise Small Business multiple award BPA. This requirement will be awarded under this BPA in FY24 Qtr 4.

8. CBP intends to post this requirement on SAM.gov 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.

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:

*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 $750,000, 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).

Version 2.0 November 2020