Hardware_JEFO_-_FBO.pdf

Attachment D2 – Justification for Exception to Fair Opportunity Exceeding the SAT pursuant to FAR 16.505(b)(2)(ii)(B)

Attachment D2: JEFO > SAT D2-1

Date: 9/04/2015 PR Number: 20085911

1. Agency and Contracting Activity.

Contracting Activity: U.S. Customs and Border Protection (CBP) Office of Administration, Procurement Directorate and Information Technology Contracting Division prepared this justification for an exception to fair opportunity for an option-to-extend.

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

CBP Office of Information Technology (OIT) intends to exercise the Option to Extend Services provision for six (6) months under FAR 52.217-8 to extend services under task order number HSBP1013F00306 without considering other General Services Administration (GSA) Federal Government-wide Acquisition Contract (GWAC) Alliant Small Business awardees pursuant to FAR 16.505(b)(2)(i)(C) (“The order must be issued 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.”), and pursuant to FAR 17.207(d)(3) permitting the exercise of options.

The proposed action is a Firm Fixed Price task order extension of service Amount: [DELETED] Type of Funding: Operations and Maintenance funds Year of funding: FY2016 DHS intends to procure on a sole source basis the continued support services for mission critical uninterrupted operations for all CBP IT-related hardware failures for warranty and non-warranty equipment that support worldwide field operations from the user desktops to the network architecture and infrastructure components.

Proposed Contractor:

ViaTech Systems Inc.

1749 Old Meadow Road, Ste 650 McLean, VA 22102

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

The requirement is to provide Technology Hardware Maintenance and Repair Services (THMRS), i.e., CBP hardware warranty and non-warranty support for device replacement, depot repair and/or dispatched technical support, with response to incidents within four hours and onsite solution within twenty-four hours to resolve mission critical operations to global ports of entry on a 24/7, 7 days/week support basis at a total cost of [DELETED] for a six month extension of services. This extension will allow CBP to provide continued, uninterrupted network connectivity which is critical for 24/7 field operations in support of mission requirements.

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. If the contracting officer uses the logical follow-on exception, the rationale shall describe why the relationship between the initial order and the follow-on is logical (e.g., in terms of scope, period of performance, or value).

_________ The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

_________ 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.

____X_____ The order must be issued 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.

_________ It is necessary to place an order to satisfy a minimum guarantee.

_________ For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source.

Rationale: Note -- For logical follow-on the rationale shall describe why the relationship between the initial order and the follow-on is logical (e.g., in terms of scope, period of performance, or value):

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With every service contract/task order renewal, the Government studies three alternatives:

(1) recompete the scope as is, (2) merge the scope with another existing contract, or (3) merge the current scope with Government operations. After a five-month study the Government has determined that it is in the best interest of the Government in terms of efficiency and cost effectiveness to merge the THMRS into existing Government operations.

To complete this transition to Government operation a short-term extension of current THMRS is required.

To meet this short-term THMRS need, the only logical source is to continue the current task order for CBP hardware equipment replacements, repairs, warranty/non-warranty and maintenance which are essential to the Government’s requirements using the incumbent contractor.

To procure these services from another vendor would require CBP to suspend THMRS for an undetermined period of transition time for knowledge transfer and functional requirements training for operations and incident response.

The solicitation, onboarding, and knowledge transfer would take much longer than the proposed six-month extension. In addition, to complete the knowledge transfer both task orders would have to run concurrently, thereby doubling the Government’s cost.

CBP has invested in the current task order services to sustain Government Furnished Equipment inventory items that are managed and provided to CBP and Department of Homeland Security (DHS) component agencies using the current service provider. To attempt a transition of services with a new vendor instead of initiating the proposed option to extend services package would be detrimental to the mission and would cause an undue hardship on the field operations that depend on these hardware services required to maintain uninterrupted access to CBP operations.

This procurement is in accordance with the GSA Alliant Small Business GWAC Ordering Guide mandates for an exception to fair opportunity.

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

The Contracting Officer will be able to determine the price fair and reasonable based on the current task order data as well as historical data and recent task order data for comparison purposes for this requirement.

6. Any other facts supporting the justification.

N/A

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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.

OIT intends to ramp down contractor support for this effort. If in the future these services are needed, they will be acquired by fair opportunity solicitation.

8. Pursuant to FAR 16.505(b)(2)(ii)(D), this justification will be posted in accordance with FedBid notification and solicitation procedures.

9. Technical/Requirements Personnel Certification.

Pursuant to FAR 16.505(b)(2)(ii)(B), 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.

[Signature Deleted]

10. Approval:

Pursuant to FAR 16.505(b)(2)(ii)(B), 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:

[Signatures Deleted]