I.F._JEFO_(Redacted).pdf

OPOAM 3016.505-90(a)(2)(ii) Justification for Exception to Fair Opportunity

Exceeding the SAT pursuant to FAR 16.505(b)(2)(ii)(B)

JEFO No.: FY19-0524 Rev. 2/5/2015 - 1 -

JEFO No.: FY19-0524

Date: September 5, 2019 PR Number: RSLF-19-00128

1. Agency and Contracting Activity. Identification of the agency and the contracting activity, and specific identification of the document as a “Justification for an Exception to Fair Opportunity.”

The Department of Homeland Security (DHS), Office of Procurement Operations (OPO), Science and Technology Acquisition Division (STAD) prepared this justification for an exception to fair opportunity.

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

DHS/OPO intends to award a task/delivery order without considering to other awardees under contract number 70RSAT18D00000004 pursuant to FAR 16.505(b)(2)(i)(C).

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

Technical support services are being acquired, as capability enhancement, for the quantitative and reproducible method and manner of producing and delivering dry-deposits of trace explosives residues efficiently and directly onto test substrates suitable for use in the test & evaluation (T&E) of any explosive trace detection technologies.

The state-of-the-art method for producing test articles for Explosive Trace Detection (ETD) technologies is the dry transfer technique developed at and patented by the TSL (US6470730B1). This method of test article production has inherent human variability and is time consuming and resource heavy, leading to inefficiencies. The estimated value for this new effort is as follows:

JEFO No.: FY19-0524 Rev. 2/5/2015 - 2 -

Requirement

POP

ESTIMATED

VALUE

Development of Explosives Trace Detection System Quality Control Kits

6 months base period

6 month option period

Total estimated value of follow-on work

Previously competed (initial) work under BPA HSHQDC-13-A-00022 / Task Order 29 HSHQDC-05-J- 00421 focused on research and development for re-purposing medicinal metered dose inhaler (MDI) technology for use in the testing and verification of Explosives Trace Detection (ETD) systems. This previous work focused on showing that solutions of explosives could be containerized and dispensed from MDI canisters, and that the solutions have adequate shelf life to be used in the field (i.e. airports) for ETD quality control checks.

This work is highly specialized and performance resulted in the issuance of provisional US Patent entitled, “Development of Dry-Deposit Trace Explosives Detection Test Standards, Solutions and Methods for Deposition” (US20190025274A1).

Value of Task Order:

6 month base period:

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. [If the contracting officer uses the logical follow-on exception, the rationale shall describe why the relationship between the initial order and the follow-on is logical (e.g., in terms of scope, period of performance, or value)]. [Select one and explain rationale below]:

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.

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. [The justification must demonstrate that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the exception cited].

JEFO No.: FY19-0524 Rev. 2/5/2015 - 3 -xx FAR 16.505(b)(2)(i)(C). The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order. [For logical follow-on, the rationale shall describe why the relationship between the initial order and the follow-on is logical (e.g., in terms of scope, period of performance, or value)]:

It is necessary to limit competition for this new work described herein since Signature Science accomplished significant achievements and innovative accomplishments on the current and previous task orders. Signature Science developed specialized analytical methods for working with pressurized hydrofluoroalkanes, and also set up and developed operating procedures for crimping and filling equipment for metered dose inhalers.

Awarding this additional work to a different contractor would require the new contractor to spend a significant portion of the time and funding to familiarize themselves with the specialized analytical procedures and the crimping/filling equipment operation.

Selecting Signature Science to continue supporting the work under this new task order builds on the significant technical and financial investment the government has made to-date, and would avoid delays in performance that would arise from bringing new staff up to the same level of expertise already in place with the current cleared and suitable performers.

FAR 16.505(b)(2)(i)(D). It is necessary to place an order to satisfy a minimum guarantee.

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.

Rationale: See above within item 4.

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

The Contracting Officer has determined that an award to Signature Science to provide continuous and follow-on support for this effort represents the best value and will result in the lowest overall cost alternative, considering price and administrative costs, to meet the Government’s needs. Fair and reasonable pricing has already been negotiated under the Signature Science IDIQ, and rates already include additional discounts. Also, prior to issuance of the new task order, the ordering activity will consider the level of effort and the mix of labor proposed to perform the specific task being ordered in order to determine that the total price is reasonable.

JEFO No.: FY19-0524 Rev. 2/5/2015 - 4 -

JOSEPH P PIANESE

6. Any other facts supporting the justification.

Signature Science received a rating of GOOD in CPARS based on their demonstrated technical approach and understanding of the requirement and outstanding key personnel performers. Signature Science consistently performs in the good to very good range, in CPARS terms. Signature Science is identified as possessing low-risk and high performance capabilities, and therefore, best value.

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 Government anticipates continuous need for similar work related to further development of this “metered dose inhaler (MDI) technology” for use in the testing and verification of Explosives Trace Detection (ETD) systems and will consider increasing competition among the IDIQ holders for future non-developmental work.

8. DHS 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.

SHARON MOORE Digitally signed by SHARON MOORE Date: 2019.05.15 11:51:52 -04'00'

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.

Digitally signed by JOSEPH P

PIANESE

Date: 2019.09.05 12:16:09 -04'00' Not exceeding $700,000 Date Contracting Officer