FAR 16.5_JEFO_Exceeding_SAT - IIDS Redacted.pdf

OFFICE OF ACQUISITION MANAGEMENT

Justification for Exception to Fair Opportunity

Exceeding the SAT

FAR 16.505(b)(2)(ii)(B)

J&A-20-0268

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement

(ICE), Office of Acquisition Management (OAQ) prepared this justification for an exception to fair opportunity on behalf of Office of the Chief Information Office (OCIO), Solutions

Delivery Division (SDD), Enforcement and Removals Operations (ERO).

2. Nature and/or description of the item/service being procured and anticipated cost:

(a) Type of action: Modification P00012 to Firm-fixed price Task Order HSCETC-17-J-

00024

(b) Amount the current J&A is justifying:

(c) OAQ intends to increase the ceiling on Task Order HSCETC-17-J-00024 to procure

O&M and software support services. The modification will be issued to the only capable awardee listed below for support services.

ACUITY, INC.

11710 PLAZA AMERICA DR STE 700

RESTON, VA 20190-4773

3. Description of Supplies/Services.

This requirement is to provide support services until the end of the task order period on May

31, 2021 at an estimated total cost of . The services will advance the data management capabilities of ICE Integrated Decision Support (IIDS) by migrating the database to a modern platform, refactoring the transformation and loading of data to an advanced platform and transitioning the reporting capability to the current version supported by the vendor. These services are required to provide DHS and ICE end-users with accelerated access to ICE ERO reporting data.

Period Time Price Total

Base (6/1/2017 – 5/31/2018) 12 mos.

Option Year 1 (6/1/2018 – 5/31/2019)

12 mos.

Option Year 2 (6/1/2019 – 5/31/2020)

Exceeding the SAT

Option Year 3 (6/1/2020 – 5/31/2021)

FAR 52.217-8

(6/1/2021 –

8/31/2021)

3 mos.

Current J&A 10 mos.

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:

Pursuant to 41 U.S.C. 4106(c)(1) as implemented in 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 required support tasks align well with the services Acuity is currently providing. The

Acuity team developed the technical aspects of the current reporting system. Acuity’s in-depth knowledge of the reporting data model, the methodology for the creation and maintenance will be instrumental in the success of the required enhancement support services.

Exceeding the SAT

The deliverables identified for the period of performance for the modification ceiling increase are dependent on the work that Acuity initiated under the current requirement, therefore only

Acuity is capable of meeting the Government’s requirements. The Acuity team will be able to effectively and efficiently meet the requirements on the most cost-effective basis. The anticipated cost for the ceiling increase will be comparable to the reasonable prices of the current task order based on the publicly available EAGLE II labor rates.

The increased work for Option Year 3 will provide services consisting of enhancement support tasks required for Decision Support Program (DSP) and ICE Integrated Decision Support

(IIDS). The advanced data management capabilities will support the ability of the ERO

Statistical Tracking Unit (STU) to provide real-time reporting for congressional and executive reporting needs. The work will provide the organization the ability to capture and report on real-time data and provide an overall cost savings to the government. Once fully implemented

IIDS will be able to eliminate servers and software, saving the government around one million dollars per year.

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

The contracting officer determines that the price will be fair and reasonable based on the comparison of current task order labor rates and current EAGLE II labor rates. Prices will also be compared to the Independent Government Cost Estimate.

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.

Re-competition efforts are currently underway to award a task order covering all current requirements as well as any additional support requirements, prior to the current task order period of performance expiration on May 31, 2021.

8. DHS intends to post this requirement on beta.SAM pursuant to FAR

16.505(b)(2)(ii)(D).