FY24-00233 - JEFO - Final.pdf

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

JEFO No.: FY24-00233

Date: 06/27/2024 PR Number: RSLF-24-00058, RSLF-24-00062, RSPC-24-00073, and RSCI-24-00022

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 Signature Sciences, LLC without considering other awardees against Indefinite Delivery Indefinite Quantity (IDIQ) contract vehicle 70RSAT23D00000003, for the procurement of support services required to conduct DT&E activities on AR systems for developmental testing and the advancement of technologies in support of S&T’s Next Generation Explosives Trace Detection (NGETD) program at the TSL.

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

This will be a interim exception to fair opportunity effort to services previously provided by Signature Sciences, LLC under task order 70RSAT22FR0000095 and 70RSAT19FR0000016 This interim task order continues services provided by these previous task orders which ended on June 16, 2024. The proposed interim task order will provide for three (3) 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.

Rationle:

OPO intends to procure on a exception to fair opportunity as the only responsible source capable of delivering the required services. The exception for this 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 Transportation Security Laboratory in Atlantic City, NJ.

The work of the previous task orders must continue in order to provide support services required to conduct DT&E activities on AR systems for developmental testing and the advancement of technologies in support of S&T NGETD. Due to its prior involvement in these specialized testing efforts, and its extensive familiarity in DHS’s test and evaluation methods and standards, Signature Sciences, LLC 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. Signature Science provides institutional knowledge of DHS test and evaluation policies and procedures. This work is unique to DHS and cannot 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 Signature Science would inflict harm to the S&T and TSL shared mission.

Signature Science 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, Signature Science 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. In fact, no transition activities from contractor-to-contractor would be possible without the award of the prosed interim task order that is the subject of this justification.

The Government is currently soliciting the follow-on task orders, which is expected to be awarded in August 2024. The procurement of these three months of additional services from the Signature Sciences, LLC 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 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 functionally perform the 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.

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