JOFOC CSC _ REDACTED.doc

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. 253 (c) (2)

Pursuant to the requirements of 41 U.S.C. 253 Competition in Contracting Act of 1984 (CICA) as implemented by FAR Subpart 6.3, and IAW the requirements of FAR Subpart 6.303-1, the justification for the use of the statutory authority under FAR Subpart 6.3 is justified by the following facts and rationale required under FAR Subpart 6.303-2 as follows:

(1) Agency and Contracting Activity The U.S. Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE), Office of Acquisition Management (OAQ), proposes to enter into a contract on a basis of other than full and open competition.

(2) Nature and/or Description of the Action Being Approved ICE, Office of the Chief Information Officer (OCIO), Tactical Communications (TacCom), has a requirement to contract directly with the incumbent contractor, Computer Sciences Corporation (CSC), for continued support and services of the operations and maintenance (O&M) conducted at a CSC-leased building (known as the Technical Maintenance Facility (TMF)), in Largo, MD. ICE previously obtained the services performed by CSC through Interagency Agreement(s) (IAA) between ICE and the U.S. Army (COW-O-I-0045 and HSCEMS-10-X-00018). However, OCIO was directed by DHS OCIO to terminate this IAA and migrate the TMF activities to a DHS Data Center. The current U.S. Army TMF portion of the IAA expires on January 16, 2012 and the U.S. Army provided a notice on November 3, 2011 to ICE advising they will not continue this portion (ICE’s requirement) of the IAA beyond the January 16, 2012 date. Furthermore, the CSC Contract with the U.S. Army will expire that same day.

(3) Description of the Supplies/Services This sole source action to CSC is planned for an award by the first quarter of FY 2012 and is critical for the continued O&M support and services of the TacCom program. The term of the CSC sole source contract will cover a base period of six months, from January 16, 2012 through July 15, 2012, with an option period of six months, from July 16, 2012 through January 15, 2013.

ICE anticipates that at some stage in the base period of the contract, a competitive procurement will be initiated. This procurement is scheduled to be conducted during the second quarter of FY 2012. This new competitively procured contract will then assume the O&M support and services for the tactical communication program being performed by CSC under this proposed sole source contract.

The estimated value of the base period for this sole source award is $XXXXX and the estimated value of the 6-month option period is $XXXXX, for a total base and option period (12-month of $XXXXX).

(4) Identification of Statutory Authority Permitting Other Than Full and Open Competition The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(c) (1), as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-1(b)(1)(i), entitled “Only one responsible source and no other supplies or services will satisfy agency requirements.”

(5) Demonstration That the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited The use of “Only one responsible source and no other supplies or services will satisfy agency requirements” for this sole source action to CSC for continued and uninterrupted services is critical to the TacCom program and the ICE Law Enforcement Agents supported by these services.

CSC is the incumbent contractor performing TacCom operations/services through an IAA (HSCEMS-10-X-00018 & COW-O-I-0045) with the U.S. Army since 2005.

CSC is the current lessee of the TMF, which serves as:

1. An operations and services center

2. A radio and data communications hub

3. A warehouse – the only facility for all ICE TacCom equipment

4.

A Help desk for equipment repair and communication problems

5. A facility for ICE vehicle storage and maintenance services Without a sole source award to CSC, the O&M services and operations currently performed by CSC at the TMF will end. The impact of such an occurrence would not allow the tactical communications program to operate as it presently exists. The following functions would no longer exist: The radio hub, call-in help desk, equipment, parts, and warehousing operations would need to be transitioned to another provider and another facility. In effect, by not awarding a sole source to CSC, the potential of awarding up to three additional contracts could be required for: 1) the operation and maintenance services; 2) a short-term building lease to replicate the TMF; and 3) transitioning to a new TMF building/warehouse. Also, additional time and costs related to facility upgrades (security measures and Government compliance) of a new building/warehouse would be required.

It is not in the best interests of the Government to execute such a plan. And there is insufficient budget, time, and resources to execute any of these options before the January 16, 2012 deadline. The most economical and efficient means to ensure continuation of these mission critical services is to award a short-term sole source contract to CSC.

CSC is already in position to provide the required O&M services and warehouse operations needed to conduct the TacCom program at the TMF. CSC maintains the lease to the facility and currently employs the appropriate mix of personnel to ensure efficient operations of the TMF.

(6) Efforts to Obtain Competition The DHS DC-1 and DC-2 data centers will absorb data center and radio operations currently in place at the TMF. A competitive solicitation will be used to obtain the TMF requirements that will not be performed by the data centers. These primary functions are the Call Center help desk, warehousing operations, blitz operations, radio equipment repairs/coding, mobile radio and antenna installs and removals, emergency equipment purchases, installation and removal of emergency equipment, and vehicle maintenance and storage.

A competitive solicitation package will be developed and delivered to OAQ for a competitive award. OAQ will determine if the competitive solicitation will be issued as a completely full and open procurement or a procurement action issued to all vendors under one of the DHS Multiple Award Schedule Programs, i.e., EAGLE or FirstSource.

(7) Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable It is anticipated that the Contracting Officer will be able to make a determination of fair and reasonable price(s), based on current and historical pricing under the Army’s current contract with CSC.

(8) Description of Market Research At this time, a full market research survey was not conducted due to the sole source environment. However, an examination of acquisition history under previous acquisitions for the same services was performed. There are other entities that can provide similar services, however the market research review revealed there are no companies capable of providing the level of services currently being provided by CSC January 16, 2012.

(9) Any Other Facts Supporting the Use of Other than Full and Open Competition In order to execute its mission, ICE law enforcement and homeland security personnel must have uninterrupted support for their TacCom wireless equipment and systems that allow real-time communications. These systems and equipment facilitate the flow of critical communications when ICE officers and agents are in the field pursuing law enforcement, first responder, and homeland security missions. These critical systems and equipment also afford agents and officers the ability to effectively communicate in emergency situations thereby saving lives. In addition, they are necessary tools for providing officer safety and improving mission effectiveness. Without this sole source award to CSC for the continued seamless support and services they perform, there could be unforeseen risks that could impact the TacCom program and the safety of ICE officers and agents. The time it would take to competitively select another vendor would exceed the current Army IAA period of performance leaving ICE without critical TacCom services. A delay/interruption in services would be unacceptable.

(10) A Listing of Sources, if any, which Expressed in Writing an Interest in the Acquisition None

(11) A Statement of Actions, if any, the Agency May Take to Remove or Overcome any Barriers to Competition before any Subsequent Acquisition for Supplies or Services Required As indicated above, ICE will also be conducting a competitive procurement to be awarded in FY12. This resultant award that will facilitate the stand-up of a new Tactical Communications facility, with full operational support and services. It is anticipated that the competitive effort will take approximately 6-8 months to solicit, award, and transition from this CSC sole source award. It is imperative to the continued success of the tactical communications program that seamless, uninterrupted, and redundant support/service efforts are maintained during this time.

(12) CERTIFICATIONS

I certify that the facts and representations under my cognizance, which are included in this justification, meet the Government’s minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

SIGNATURES NOT PROVIDED

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