FAR 16.5_JEFO_Exceeding_SAT_AWS Interim TO REDACTED_Redacted__Final.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)

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4. Statutory Exception and rationale for its use:

Exception:

☐ 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.

☐ 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.

☐ 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 that the purchase be made from a specific source.

Rationale:

ICE/OAQ intends to procure continued ICE Cloud Hosting Infrastructure support. The authority for this action is 41 U.S.C. 4106(c)(2), Competitive Procedures.

ICE previously issued a solicitation for ICE’s Cloud Hosting Infrastructure support requirement in May 2021. However, ICE received two pre-award Government Accountability Office (GAO) protests. After careful review, ICE determined it was in the Government's best interest to take corrective action by cancelling the solicitation, revising the requirement to allow for full and open competition, and issuing a new solicitation. ICE is currently engaged in the corrective action, and ICE anticipates releasing a solicitation in the first quarter of FY 22. ICE is including additional option periods in this delivery order to address any future protests as well as ensure there is sufficient time to transition the requirement if needed.

As a result of protests and based on the corrective action by the Agency, the interim contract will continue to maintain the ICE Cloud Hosting Infrastructure support through August 7, 2022, which should provide sufficient time for ICE to issue the solicitation, make a new contract award, transition in, and provide optional periods of performance if needed to address any protests received on the revised requirement.

ICE will continue to need uninterrupted cloud hosting infrastructure support pending the revision of the requirement, the release of a competitive solicitation, the award of a new contract, and any time needed to resolve any protests and transition to the new ICE Cloud Hosting Infrastructure support contract.

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

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Four Points Technology, LLC. is currently the only contractor capable of providing the ICE Cloud Hosting Infrastructure support required at the high level of quality and they are familiar with the ICE IT infrastructure. The time required for a new contractor to setup a new virtual cloud environment with user accounts, provisioning multiple consoles, hosting infrastructure connections, and the virtual resources necessary to continue hosting the ICE application systems in the ICE Cloud may delay and result in an interruption in service and capabilities that could present significant safety and mission impacts. Keeping this contractor in place pending the solicitation, award, and transition to a new contract will ensure continuity of services without extensive delays due to their knowledge and understanding of ICE’s cloud requirements. Furthermore, this delivery order is only needed to provide sufficient time for ICE to complete the competition of a new, longer contract based on the revised requirement. Accordingly, it is in the best interest of the Government to issue this short-term new Delivery Order with the incumbent contractor while ICE issues the re-solicitation and recompetes the new contract award.

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

The Contracting Officer has determined that issuing a new Delivery Order for continued ICE Cloud Hosting Infrastructure support represents the best value and will result in the lowest overall cost, considering price and administrative costs, to meet the Government’s needs. Ouoted prices will be compared to historical prices and the Independent Government Cost Estimate (IGCE). As a result, ICE anticipates that the price of this First Source II Delivery Order will be fair and reasonable. However, ICE will review the price proposal received and determine it is fair and reasonable before issuing a new Delivery Order.

6. Any other facts supporting the justification.

Not applicable.

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 ICE Cloud Hosting Infrastructure support requirement is anticipated to be competitively solicitited in the first quarter of FY 22. This bridge is needed solely to allow time for ICE to implement corrective action in response to pre-award protests received challenging a previously-issued solicitation. ICE is revising its requirement, issuing a new competitive solicitation, and making a new award. The new Deliver Order will provide options in the event additional time is needed to address additional protests and to allow sufficient time for transition. The award of a Delivery Order for support through August 7, 2022 will provide the critical coverage of support until a new award can be made and ICE can transition this requirement to the new ICE Cloud Hosting Infrastructure support contract.

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

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8. DHS 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:

11. Approval: