J A_IV V_P00008_Redacted.pdf

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

FAR Part 16.505(b)(2)(i)(A)

Pursuant to the requirements of FAR 16.505(b)(2)(i)(A), the justification for the use of the statutory authority under FAR 16.505 is justified by the following facts and rationale required under FAR 16.505(b)(2)(ii)(B) as follows:

1. Agency and Contracting Activity

The Department of Homeland Security (DHS), Customs and Border Protection (CBP), Office of Technology, Innovation and Acquisition (OTIA) Systems Engineering Directorate (SED) proposes to execute a modification to increase the contract value to add in-scope work to a contract that was awarded previously on the basis of an exception to fair opportunity.

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

This justification is developed in support of a modification to increase the current contract value by $2.5 million to add in-scope work to the cost-plus-fixed-fee (CPFF) contract with NTT DATA Federal Services, Inc. (NTT DATA) through the contract period of performance. The current contract supplies OTIA and the Office of Field Operations (OFO) with services for ongoing Independent Verification and Validation (IV&V) activities related to the acquisition of border protection surveillance systems.

The planned modification simply augments the current IV&V effort with additional resources. These additional resources are required to support the timely execution of multiple border security programs. Multi-year FY13 Border Security Fencing and Information Technology (BSFIT) and annual FY15 funding and will be used to satisfy this modification.

IV&V services are currently being provided through task order HSBP1014J00300 under the DHS Enterprise Acquisition Gateway for Leading-Edge Solutions (EAGLE) II indefinite-delivery/indefinite-quantity (IDIQ) vehicle and are scheduled to expire on December 31, 2015. This modification will allow for completion of work, currently being performed by NTT DATA, in support of ongoing acquisitions. Award of this modification is required to prevent further delays in the critical acquisition programs for border surveillance systems.

Name and address of the proposed contractor:

NTT Data Federal Services, Inc.

8100 Boone Blvd., Suite 400 Vienna, VA 22182-2642

3. Description of supplies/services

NTT DATA currently provides technical support and subject matter experts in executing IV&V for the ongoing acquisition programs performing services prescribed by IEEE Standard 1012-2012. IV&V is mandated by Congress to be included on all border security related acquisition programs.

This modification will increase the level of effort on existing positions and add new resources in support of OTIA. It will also add resources and increase existing positions in support of OFO. These additional resources are needed to support BorderStat Re-engineering, the Integrated Fixed Towers (IFT) operational testing and evaluation, Block-1 recapitalization, RVSS Upgrade software code analysis and testing, and the expansion of OFO’s biometric program.

The estimated cost for this effort is $2.5 million. The current value of this contract before execution of this modification is $5.8 million. This modification will ensure that IV&V support services for critical programs to OTIA are maintained.

4. Identification of the exception to fair opportunity

In accordance with the authority at FAR 16.505(b)(2)(i)(A), the circumstances justifying an exception to fair opportunity for this action is “the agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.”

5. Demonstration that the nature of the acquisition requires use of the exception cited

This acquisition relies on the use of FAR 16.505(b)(2)(i)(A) to prevent a delay in the critical services. NTT Data’s personnel have the background investigations required of CBP personnel. It would take months to get new personnel cleared, which would create a significant gap in support to OTIA and OFO. Although other contractors may be able to perform the services described herein, the amount of time for personnel to obtain the required Background Investigation clearances, approximately six months, is unacceptable. A gap of approximately six months in support to OTIA would have a significant impact on the organization. Failure to fund these requirements will result in unnecessary and highly-visible cost and schedule overruns for multiple CBP programs.

This will also lead to reporting inefficiencies at port, regional, and national levels, thus hindering OFO’s operational analysis capabilities. CBP’s overall current and future operational capabilities will suffer greatly without effective IV&V support.

The NTT Data tasking includes reviewing the vendor submitted CDRLs, test plans and procedures, deployment plans, and the sub-contracting plans as submitted in the vendor proposals. This modification is needed due to schedule delays, the government’s repeated rejection of CDRLs across programs, the expansion of OFO’s biometric efforts to new points of entry, and failed system acceptance tests. NTT Data has the critical skill set and expertise needed for design, test, and deployment evaluation.

Furthermore, a Congressional mandate requires that CBP maintain and certify that a separate IV&V contractor has been retained and performs the tasks specified by IEEE Standard 1012-2012. A gap in this mandated service will result in further Congressional inquiries into DHS compliance with the IV&V mandate as the GAO has already been tasked to report on the DHS performance in this area. The most practical, efficient, and cost effective method to continue mission critical support and to avoid delays in the acquisition of the surveillance programs is to award this modification for increased effort.

6. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable

The estimates presented in this justification are based on

. The Contracting Officer will also determine that the anticipated price will be fair and reasonable based on the negotiated price structure of the EAGLE II contract. CBP will make an award based on a determination that prices awarded have been determined to be fair and reasonable and represent the best value to the Government.

7. Any other facts supporting the justification

A modification to the existing contract with NTT DATA is currently the only option that will provide immediate additional support and continuous coverage. Without additional support, it would harm and delay deliverables of program / projects which would delay schedules and impact costs to CBP.

Furthermore, the incumbent is currently engaged in supporting critical activities of the surveillance program acquisitions that have been delayed several times and are now on a very demanding, tight schedule that would be in jeopardy without this modification for additional in-scope effort. The availability of qualified sources is very limited and would require an unacceptable startup time.

8. 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

A competitive acquisition is currently active under the EAGLE II contract vehicle FC3.