FY24-00232 - JEFO - Final.pdf

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

JEFO No.: FY24-00232

Date: 06/27/2024 PR Number: RSPC-24-00072 and RSPC-24-00065

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), Office of Procurement Operations (OPO), Science and Technology Acquisitions Division (STAD) prepared this justification for an exception to fair opportunity on behalf of the Science and Technology Directorate’s (S&T) Office of National Laboratories (ONL), Transportation Security Laboratory (TSL).

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

Pursuant to FAR 16.505(b)(2)(ii)(B), DHS/OPO/STAD intends to award a Time and Material task order for the procurement of services from Battelle Memorial Institute without considering other awardees. DHS/OPO/STAD proposes to issue an order against Indefinite Delivery Indefinite Quantity (IDIQ) contract vehicle 70RSAT23D00000002, for the procurement of support services including conducting Readiness Assistance (RA), Readiness Testing (RT), technical assessments, and rapid response support for the DHS, S&T Directorate, Transportation Security Laboratory.

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

This will be an interim exception to fair opportunity effort to services previously provided by Battelle Memorial Institute under task order, 70RSAT22FR0000049 and, 70RSAT22FR0000063. This interim order continues technical support services for developmental test and evaluation activities at the TSL in support of S&T research and development programs. The proposed interim task order will provide for three months of performance for the same services. The estimated value for three months of performance is

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

OPO intends to procure on a sole source basis as the only responsible source capable of delivering the required services. The exception for this sole source purchase is based on 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.”

TSL Research, Development, Developmental Test and Evaluation (RDDT&E) support services are mission critical, and only the incumbent can properly provide continuity of services at a sufficient level to meet TSL mission requirements until the follow-on competitive task orders are awarded. Without this critical support, continuity of operations and the DHS TSL mission would be adversely affected. This interim task order will allow the continuation of support for various Science and Technology Directorate laboratory-based test and evaluation. efforts at the TSL in Atlantic City, NJ.

The work of the previous task orders must continue in order to provide support to S&T programs supporting the developmental testing and evaluation of technologies including, but not limited to, Bulk Resolution Technology, Chemical Based Detection Technology, Checked and Carry baggage screening, and Commercial Aircraft Vulnerability/Mitigation/Blast Effects. Due to its prior involvement in these specialized testing efforts, and its extensive familiarity in DHS’s test and evaluation method and standards, Battelle Memorial Institute is uniquely qualified to provide this support to S&T’s work at the TSL.

If the proposed interim task order is not awarded while the new competitive requirements are solicited, the DHS mission at TSL would be jeopardized, and TSL would lose the ability to serve as a functioning Federal laboratory providing test and evaluation support to its customers and stakeholders. As such, the program requires support personnel with existing familiarity with S&T and its mission needs to seamlessly support the program and its matrixed position within S&T. Battelle provides institutional knowledge of DHS test and evaluation policies and procedures. This work is unique to DHS and cannot currently be capably performed by another party at the required level of quality. In addition, performance by another successor contractor without a transition period to facilitate knowledge transfer from Battelle would inflict harm to the S&T and TSL shared mission.

Battelle is already in a position to provide personnel with the necessary mix of unique and specialized skillsets to perform the work based on their longstanding involvement with the TSL's activities. As such, Battelle is the only company capable of providing these scientifically rigorous services at the level of quality required for TSL's operations.

Furthermore, if this interim requirement were competed now, it would take at minimum three months to complete such an action, while the TSL's operations are without this critical support.

This does not account the time that would be required for a new successor contractor to acquire the needed expertise and skills that might be transferred during a transition period.

The Government is currently soliciting the follow-on task order, which is expected to be awarded in August 2024. The procurement of these three months of additional services from the Battelle Memorial Institute will allow for a smooth transition to new task order awards, and prevent a pro-longed work stoppage in the vital services described above.

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

The Contracting Officer has determined that the anticipated cost to the Government will be fair and reasonable based on comparison with the Independent Government Cost Estimate (IGCE).

In addition, the proposed labor rates will be consistent with rates determined fair and reasonable under the previous task order.

6. Any other facts supporting the justification.

There are no other additional facts supporting the justification.

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.

Market research was conducted for the new competitive task orders that will be awarded this fiscal year. Market research was conducted to support the re-compete of these services between November 2023 and March 2024. This research consisted of desk research reviewing available contracting vehicles within the DHS strategic sourcing portfolio and a review of the capabilities of the various contract holders therein. While market research indicates that other vendors might eventually develop the capabilities to perform work at the required quality level, they are unable to pick up these services in a timely manner to allow for a continuation of services while the competitive task order requirements are completed.

8. DHS intends to post this Justification for Exception to Fair Opportunity (JEFO) 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.

Date Technical Representative/COR

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

Contracting Officer (CO)

11. Approval.

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

Procuring Activity Advocate for Competition or Designee Date Office of Procurement Operations