Final_Signed_JEFO_FY16-0445.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 > SAT

JEFO No. FY16-0445

JEFO No.: FY16-0445

Date: September 14, 2016 PR Number: RSBR-16-00072

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), on behalf of the Science and Technology Directorate (S&T) Border and Maritime

Division (BMD) prepared this justification for an exception to fair opportunity.

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

DHS OPO intends to modify task order HSHQDC-16-F-00008 to add additional within scope effort and extend the period of performance end date by 4 months to January 31, 2017 pursuant to FAR 16.505(b)(2)(ii)(B).

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

Currently, SAIC provides technical services to identify, develop and document requirements for joint engineering, architectures, assessment and analysis support under this task order, issued off of U.S. Naval Supply Systems Command (NAVSUP) Fleet

Logistics Center Indefinite-Delivery Indefinite Quantity (IDIQ) N00189-09-D-Z044.

These Homeland Security Operations (HSO) mission threads, and the associated analysis, will be used to improve border situational awareness by establishing an enterprise capability to (1) access more data sources, (2) make available decision support tools to translate the available data into actionable information and intelligence, and (3) share that actionable information and intelligence with partner law enforcement agencies. Pending the competitive award of a new task order under the General Service Administration’s GSA

One Acquisition Solution for Integrated Services (OASIS) IDIQ, S&T BMD and the Apex

Border Situational Awareness (BSA) Program have a requirement for additional within scope effort under the existing task order to continue the level of quality of mission critical

Joint Mission Thread (JMT) Development.

By modifying HSHQDC-16-F-00008, BMD’s JMT Development efforts will be in a position to effectively function at full capability while the competitive task order is put into place. Currently HSHQDC-16-F-00008 has a total value of $648,967.93. The estimated value of the proposed 4-month extension is $149,923.48.

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

____X_____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:

In order to maintain the current level and quality of JMT Development efforts, additional within scope effort and a subsequent extension of task order HSHQDC-16-F-00008’s period of performance end date is necessary while DHS STAD completes a competitive award for these services under the GSA OASIS IDIQ contract.

The JMT Development efforts in support of BMD and APEX BSA are critical to both the

Division’s and the Program’s ability to perform its mission and therefore the level and quality of services must be maintained until a new task order can be awarded. Only the incumbent, SAIC, is capable of maintaining the necessary support services for the S&T

BMD and Apex BSA because only SAIC has the institutional knowledge, subject matter expertise, and specialized skill and ability to continue to provide the level of quality needed right now without a break in critical services. SAIC currently provides technical services to identify, develop and document requirements for joint engineering, architectures, assessment and analysis support. SAIC provides comprehensive analysis of requirements for DHS border operations capabilities, including gaps and deficiencies, criteria for integration and interoperability, technical performance and related standards and assessments.

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

The Contracting Officer has a reasonable expectation that the anticipated prices will be fair and reasonable based upon cost and price analyses of the Task Order cost proposal that will be provided by SAIC. All other cost proposals thus far have been determined to be fair and reasonable for the work being requested and it is unlikely that SAIC will submit a cost proposal determined to be otherwise. The Contracting Officer will also require submission of certified cost or pricing data for use in performing a cost analysis in accordance with

FAR 15.404-1(c)(2) and a cost analysis to determine that the overall price is fair and reasonable.

6. Any other facts supporting the justification.

The proposed RFP under GSA OASIS that will replace this task order is currently moving through the mandatory review process, with a scheduled release in October

2016 with anticipated award to be made in January 2017 to the offeror presenting the best value to the Government. All planning for this RFP is currently on schedule and the

Program Office is aware that this extension, if approved, will be the last one for task order HSHQDC-16-F-00008. As stated in Section 4 of this Justification, this extension will allow for the continuation of critical support while the RFP process takes place.

Should a break in service occur work with DHS partners, including the United States

Coast Guard (USCG) and Customs and Border Protection (CBP) would be hindered, thus resulting in irrecoverable deficiencies in programmatic, management, and technical effectiveness related to border security activities conducted by these components.

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.

This task order extension will allow for the completion of a competitive RFP issues under the GSA OASIS IDIQ contract. The award of this competitive task order will remove any barrier to an exception to fair opportunity.

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.

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 and hereby determine that the circumstances for an exception to fair opportunity exist:

Not exceeding $650,000 Date

Contracting Officer

Shawn.McDonald Text Box

16 SEP 2016