JEFO_70SBUR21F00000125.pdf

Justification for Exception to Fair Opportunity, Exceeding the Simplified Acquisition Threshold, SPEED Extension/Steampunk

REFERENCE: Justification Log Number: FY26-0026 and PR Number: OIT265013

1. Agency and Contracting Activity.

The Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS), Office of Contracting (OCON), proposes to modify an existing task order on behalf of the Office of Information Technology (OIT) / Systems Delivery Division (SDD) pursuant to Federal Acquisition Regulation (FAR) 16.507-6, Exceptions to fair opportunity.

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

This action seeks approval for a sole source extension to Steampunk, Inc via modification No.

P00036 to Services for Product Engineering and Enterprise Delivery (SPEED) Task Order No.

70SBUR21F00000125 to continue the system maintenance and security work currently within the technical scope being performed. The current task order was competitively awarded in June 2021 through a small business set aside solicitation under the Chief Information Officer-Solutions and Partners 3 (CIO-SP3) Small Business (SB) Government-Wide Acquisition Contract (GWAC). Two prior exceptions to fair opportunity were issued; the first was in accordance with FAR 16.505(b)(2)(i)(C), logical follow-on to an already issued order, and the second was in accordance with FAR 16.505(b)(2)(i)(B), unique or highly specialized services. Both justifications cited FAR exceptions effective at the time of approval and prior to the Overhaul pursuant to Restoring Common Sense to Federal Procurement Executive Order. The final completion date of the order was extended from 07/01/2025 to 12/31/2025 non-competitively via modification No. P00030.

3. Description of Supplies/Services.

The SPEED Performance Work Statement (PWS) details Information Technology Development, Security and Operations (DevSecOps) services to operate and maintain major USCIS systems. The Government requires these services for six (6) months, with three two-month option periods, for a total performance period from 01/01/2026 through 06/30/2026. The total estimated price for this performance period is $3,338,169.91. The performance period of the proposed extension is allowable under the CIO-SP3 SB GWAC which remains valid through 04/29/2026, with an additional period of performance available of up to five years on each task order awarded before the expiration date of 04/29/26.

This justification seeks approval to continue work unique to 70SBUR21F00000125 on myUSCIS.

This system shares data to support the end-to-end processing of immigration benefits ensuring efficient case management. The DevSecOps work on this system is iterative. Each iteration involves planning, developing, testing, deploying, and monitoring, with security being integrated at every stage. While some projects were successfully completed, the 6-month extension is needed to allow for continuation of the following work:

www.uscis.gov http://www.uscis.gov/

JEFO, Exceeding the SAT, SPEED - Steampunk Justification Log Number: FY26-0026

1. Recurring work on form development and organizational account work to improve the H1B and H2-A registration process as well as I-129 forms.

2. Continue the AOS form delivery, slated to continue through Q3 of FY26.

3. Continue supporting the expansion of online filing through pdf intake to transition immigration processing from PAPER-based to end–to–end electronic processing by increasing intake capacity for electronic filing via PDF Intake (PDFi).

4. Statutory exception and supporting rationale.

The applicable statutory FAR citation and basis for using an exception to fair opportunity process is:

☒ FAR 16.507-6(b)(2). 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:

The work performed on this task order covers the entire agile development process, from planning and establishing user stories and acceptance criteria through maintenance of code and systems after enhancement. Steampunk performs DevSecOps work for myUSCIS, a major USCIS system. In addition, Steampunk performs the maintenance and development on the networks that connect and integrate information to and from myUSCIS. Due to the urgent nature of the information contained within this system as it relates to the mission and the multi-contractor environment in which the work is developed, the scope of work within this order can only be provided at the acceptable quality levels by Steampunk.

Despite being agile development work, the work performed on these systems is highly specialized for two reasons. First, the systems Steampunk develops are major endpoints for USCIS. myUSCIS is the primary external system by which petitioners can submit petitions and claims, monitor the status of their claim, sign up for biometrics appointments and receive digital notices, and submit administrative changes to their applications. Over the course of the SPEED task order, several contractors have contributed to growing and rewriting both the myUSCIS website and application. It has been integrated such that it is a single point for digital notices and application submissions as the Agency has made significant progress in the effort to digitize and increase the efficiency of the immigration process. The team’s work with e-Verify is particularly critical and an ongoing requirement insofar as the Agency relies on information within e-Verify to confirm those working, and registering businesses, within the United States are doing so lawfully.

The work under SPEED was to be transitioned to awardees of Resources for InnoVation and Enterprise Readiness (RIVER) and Rapid Application & Product Integrated Delivery (RAPID) task orders, however, USCIS received protests under both recompetes thus pausing the transition until protests are resolved. No vendor other than Steampunk can complete the work that Steampunk performs on this task order at full capacity at acceptable quality levels without sufficient transition time. The Government does not have sufficient time for an interim fair opportunity solicitation and award to recruit highly specialized contractors while the protests are pending. In addition, the recent

Government shutdown brought the regular bid protest process to a standstill, creating a substantial backlog and delaying decisions, thus impacting the schedule of contract awards and performance.

Second, the work is highly specialized in that it operates in a multi-contractor environment with a consistently changing division of work. No less than three contractors have teams which perform work on myUSCIS. As such, these contractors have division of work stand-ups, discussions, and have developed methods and relationships that allow them to execute deployments several times per week in the case of myUSCIS. To transition a new contractor into this position while the protests under its recompetes are pending, would not be feasible and would result in an almost entire lapse of acceptable services should this order not be extended. Discontinuing or reducing these efforts would increase risk exposure, slow down delivery, and potentially compromise the security and reliability of these mission critical systems.

In summary of the established Acceptable Quality Levels and PWS, the contractor is required to release code on a weekly (or greater) basis, release code without error, collaborate and cooperate with other SPEED contractors, and understand the work well enough to being innovative in problem solving and efficient in resource use. The Government does not anticipate recovery of competition costs for this short extension as the best value remains most achievable with Steampunk under this task order. The contractor remains uniquely capable of maintaining staffing and providing satisfactory services specified in the PWS without having to compromise performance standards that may otherwise be anticipated with a change in contractors to complete initiatives already in progress.

Another major risk associated with staffing is that the Agency’s Entrance On Duty timeline for new contractors is roughly 90 days. This, coupled with the requirement for transition to a new contractor at the end of the proposed performance period, would render the next six (6) months as valueless in terms of development, testing and deployment progress.

The Government performed market research through June 2025 using techniques including surveying industry and Government experts and surveying similar requirements. The conclusions pertaining to economy and efficiency described above are supported by market research. The market research conclusions remain unchanged in supporting that only the current contractor is capable of providing these highly specialized services at the quality level required. It is concluded that only Steampunk is capable of providing the supplies or services required.

Should the Government not extend this task order, the Agency will not realize the benefit of the investment it has made into myUSCIS. Processes and procedures that keep administrative information accurate for adjudicators and automate administrative functions will cease to be of use to the Agency and immigration officers will have less bandwidth to monitor cases for fraud, waste, and abuse as well as adjudicate petitions for benefits. Further, customer needs will go unmet, and the Government will not reap the benefits it has experienced in case processing time and management.

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. The Independent Government Cost Estimate (IGCE) for this work was based on two factors. One, four years of acquisition history for the SPEED procurement which shows that the contractor did not require additional funding to complete the requirement as outlined in the PWS.

Two, that the original award was made on a competitive basis and determined to be the best value to the Government. The pricing for labor to complete this requirement is competitive such that it is readily available within the marketplace. The labor rates awarded on the CIO-SP3 SB GWAC were determined fair and reasonable by the awarding Contracting Officer. Further, the discounted labor rates resulting from the SPEED competition were determined fair by the ordering Contracting Officer. The Government will use any price analysis technique(s) found within FAR 15.404-1(b) and may conduct negotiations as necessary to ensure that the price is fair and reasonable.

6. Any other facts supporting the justification.

Due to filed protests, USCIS has issued stop work order to SPEED recompetes. while awaiting Government Accountability Office (GAO) decision. This further delays Government’s efforts to transition work from SPEED contractors to new awardees. The Government has determined that a non-competitive extension to the current award is the most efficient method to continue system maintenance and the current iteration of SPEED requirements under the Steampunk task order until the pending protests are resolved and sufficient period is given to new awardees to transition in. The above listed delays, combined with system delays outside of the control of OCON and OIT, contributed to the current need for an exception to fair opportunity.

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.

The Government will continue to work on pending protests and hopes for a swift resolution that will allow it to remove the stop work orders on SPEED recompetes without further delay.

8. USCIS intends to post this requirement on Sam.gov pursuant to FAR 16.507-6(f).

-05'00'

9. Technical/Requirements Personnel Certification.

Pursuant to FAR 16.507-6(f)(2)(ix), 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.

CHRISTOPHE Digitally signed by

CHRISTOPHER D WALLACE

R D WALLACE Date: 2025.12.30 18:03:37

Chief, OIT/SDD Date

10. Contracting Officer Certification

Pursuant to FAR 16.507-6(f)(2)(viii), I certify that this justification is accurate and complete to the best of my knowledge and belief.

Digitally signed by MONTY N

KURTZ

Date: 2025.12.30 16:23:22 -07'00'

Contracting Officer Date

APPROVAL: Pursuant to FAR 16.507-6(f)(2)(x), I hereby determine the circumstance identified in Section 4 applies to the order.

Digitally signed by SANDIE S

KAPOOR

Date: 2025.12.31 09:34:20 -05'00'

Procuring Activity Advocate for Competition (or alternate) Date