JEFO - Hygeia Bridge Addendum (Signed).pdf

U.S. Department of Justice Justice Management Division Procurement Services Staff Washington, DC 20530

Amended Justification for an Exception to Fair Opportunity –Civil Division OIT JCON Support

Justification for an Exception to Fair Opportunity FAR Part 16.505(b)(2)(ii)(B)

1. Identification of the agency and the contracting activity.

This is an amendment to a justification approved on February 14, 2023, by the United States Department of Justice (herein after Department or DOJ), in accordance with the requirements of Federal Acquisition Regulation (FAR) 16.505(b)(2)(ii)(B). The requiring organization is the Civil Division (CIV), Office of Information Technology (OIT). The contracting activity is the Justice Management Division, Procurement Services Staff (PSS).

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

The Department intends to exercise the six-month option to extend services clause (FAR 52.217-8) included in the sole-source bridge task order 15JPSS23F00000178 issued against NIH Information Technology Acquisition and Assessment Center (NITAAC) Chief Information Officer – Solutions and Partners 3 (CIO-SP3) Contract Number HHSN316201200027W. The bridge task order was issued to support services currently being performed by Hygeia Solution Partners, LLC under the expired task order #DJJ17-G-2777, which was competitively awarded under the NIH NITAACCIO-SP3. The bridge task order was originally issued for a base period of three months with two, one-month option periods, expected not to exceed five (5) months to allow CIV’s Help Desk Operations and Support services to continue uninterrupted while the Department of Justice completes a follow-on competitive procurement.

The original justification for the bridge task order was posted under SAM Notice ID is DOJPSS-2777- 3012023.

3. Description of the supplies or services required to meet the agency’s needs, including the estimated value.

The sole-source bridge task order provides mission-critical services to CIV OIT in the area of Help Desk Operations which included three (3) sub-tasks as detailed in the original justification and summarized below:

• Sub-Task 1: Help Desk Operations

• Sub-Task 2: JCON IT Engineering and Operations Support

• Sub-Task 3: JCON IT Security Support

The total estimated value of the 5 month sole-source bridge task order , including base and option periods, was approximately $5.1 million. This amended justification for the six-month period of performance extension under FAR 52.217-8, increases the bridge task order value by $6.6 million for a total of $11.7 million.

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

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The Department is limiting consideration to Hygeia Solution Partners, LLC. as authorized by FAR 16.505(b)(2)(i)(A) and (C). Specifically, the need for services is urgent and the contractor is uniquely qualified to continue critical services at the level of quality required by the Department in the interest of economy and efficiency as a logical follow-on while a competitive re-procurement is completed. The need to extend the sole-source bridge task order is necessary to sustain the critical operations of CIV OIT task priorities without experiencing a gap for reasons as detailed in the original justification.

Due to unexpected delays experienced in the competitive re-compete action, the Department concluded it was in its best interests to amend the current bridge task order because its need for the services is urgent and engaging in a competition for a short-term bridge action would result in unacceptable delays as outlined in the original justification.

5. Determination by the contracting officer that anticipated cost to Government will be fair and reasonable consistent with FAR 16.505.

Labor rates and unit prices for NITAAC CIO-SP3 GWACs have been established competitively and are determined fair and reasonable at the contract level. The labor categories, hours and labor mix proposed for the six-month extension of this sole-source bridge effort have been determined overall to be fair and reasonable by the Contracting Officer.

6. Any other facts supporting the justification

N/A

7. Statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made.

Although experiencing delays, the Department intent is to continue with its competitive re-compete RFQ action for an award based on best value.

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8. Certifications, Concurrence and Approvals.

Technical/Requirements Personnel Certification:

I certify that the information contained in this document for which I am responsible is accurate and complete to the best of my knowledge and belief.

Todd Miller, Chief Information Officer Office of Information Technology, Civil Division

Contracting Officer Certification:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Sakura Higa, Contract Officer Procurement Services Staff, Justice Management Division

Concurrence:

Subsection 2806.304 of the Justice Acquisition Regulation requires concurrence by the Bureau Procurement Chief.

Telly Renfroe, Director (Acting) Procurement Services Staff, Justice Management Division

Approval:

Subsection 16.505(b)(2)(ii)(C)(2) of the Federal Acquisition Regulation requires approval by the Advocate for Competition of the activity placing the order.

Tara Jamison, Competition Advocate Justice Management Division