RSRA-24-00010 - FY24-00204 - JEFO - Signed.pdf

Justification for Exception to Fair Opportunity Exceeding the SAT pursuant to FAR 16.505(b)(2)(ii)(B)

JEFO No.: FY24-00204 - 1 -

JEFO No.: FY24-00204

Date: July 3, 2024 PR Number: RSRA-24-00010

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), Office of Procurement Operations (OPO), prepared this justification for an Exception to Fair Opportunity on behalf of the DHS Science and Technology Directorate’s (S&T) Operations and Requirements Analysis Division (ORA).

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

DHS/OPO intends to modify an existing task order to include a six (6) month extension to the current Option Period 2 period of performance and add a six (6) month option period in accordance with the exception to fair opportunity pursuant to FAR 16.505(b)(2)(i)(C). The proposed action would extend the task order’s current end date of July 19, 2024 through July 18, 2025 if the option is exercised.

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

This task order (PIID: 70RSAT21FR0000077) provides Systems Engineering and Technical Assistance (SETA) support services to the S&T/ORA. The Contractor performs portfolio management functions and provides technical analysis support to S&T’s Integrated Process Teams (IPT) within the organization’s Research and Development (R&D) Operating Model Blueprint to effectively transition all DHS Component-specific research development test and evaluation (RDT&E) needs efficiently through the lifecycle of S&T’s Business Process Flow (BPF). The Contractor also aids the Portfolio Management Teams in ensuring outputs remain aligned with the DHS Planning, Programming, Budgeting, and Execution (PPBE) process while supporting innovation, and R&D of capabilities for DHS Components and HQ offices.

Outcomes include improved mission performance and responsiveness to identified Component RDT&E priorities.

The total estimated value of the proposed extension action is ; consisting of for the six (6) month extension to Option Period 2 and for the optional six (6) month 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.

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____X____FAR 16.505(b)(2)(i)(C). The order must be issue 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.

Rationale:

This effort is an extension of the existing support task order 70RSAT21FR0000077. The extension to this time and material effort includes the same scope of work that was competitively awarded under the Science Engineering and Technical Assistance (SETA) III Indefinite Delivery Indefinite Quantity (IDIQ) vehicle in Fiscal Year 2021. The solicitation for this effort (PIID:

70RSAT21R0000016) was issued to all SETA III IDIQ contract holders without restriction, affording each the fair opportunity to be considered for the original order.

The proposed extension to the existing task order is for twelve (12) months, consisting of a funded six (6) month extension to the current period of performance under Option Period 2 and an optional six (6) month period. Executing this extension to the existing task order is more economical and efficient than awarding a new task order or standalone contract, given the potential for additional delays in creating a new contract award.

Providing this extension also minimizes disruption of the services provided by AECOM to S&T/ORA and would not introduce risk to the government’s ability to effectively transition IPT RDT&E needs through the S&T Operating Model Blueprint, which will cause significant delays to the formulation of contracts to initiate R&D projects.

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

The contracting officer anticipates that the cost to the Government will be fair and reasonable as the contractor’s price for the 6-month extension will be evaluated in accordance with the SETA III IDIQ approved labor rates and the Government’s independent cost estimate (IGCE).

6. Any other facts supporting the justification.

The proposed extension is necessary to continue services that are critical to the government’s ability to effectively transition IPT RDT&E needs through the S&T Operating Model Blueprint.

AECOM Services Inc. is the only source capable of providing these mission critical services without a lapse in service during the requirement timeframe while OPO recompetes and awards the new Task Order. This extension will allow coordination between ORA and the Office of Procurement Operations (OPO) to conduct additional market research/acquisition planning activities, to include a request for information (RFI) to address potential small and disadvantage business capabilities for aspects of this requirement’s re-competition. The current task order is set to expire before these activities can be completed.

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.

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This proposed extension facilitates the ability to validate market research activities that are expected to increase competition. It is anticipated that market research conducted during this period will result in a competitive FY25 solicitation, potentially set aside for small business competition.

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.

Contracting Officer’s Representative Department of Homeland Security Science and Technology Directorate

10. Contracting Officer Certification.

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.

Contracting Officer Department of Homeland Security Office of Procurement Operations

11. Approval.

I hereby determine that the circumstance in FAR 16.505(b)(2)(i)(C) applies.

Procuring Activity Advocate for Competition Date