HSHQDC-17-F-00063_3016.505-90a2ii_JEFO_Exceeding_SAT-_Redacted.pdf

OPOAM 3016.505-90(a)(2)(ii) Justification for Exception to Fair Opportunity

Exceeding the SAT pursuant to FAR 16.505(b)(2)(ii)(B)

JEFO No.: FY18-0167 Rev. 2/5/2015 - 1 -

JEFO No.: FY18-0167

Date: March 29, 2018 PR Number: RSRP-18-00007

1. Agency and Contracting Activity. Identification of the agency and the contracting activity, and specific identification of the document as a “Justification for an Exception to Fair Opportunity.”

The Department of Homeland Security (DHS), Office of Procurement Operations, Science and Technology Acquisition Division prepared this justification for an exception to fair opportunity.

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

DHS/OPO intends to increase the ceiling on the current task order HSHQDC-17-F-00063 without considering other awardees under the One Acqusition Solution for Integrated Services (OASIS) IDIQ pursuant to FAR 16.505 (b)(2)(ii)(C).

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

The overall effort of this task order broadly consists of conducting three types of analyses that represent a progressive increase in the level of uncertainty, and creativity needed to address an issue.

• Market analysis examines the characteristics and extent of a DHS or Homeland Security Enterprise (HSE) market for a given set of technical capabilities. This examination will provide critical information that will allow DHS Science and Technology Directorate (S&T) to plan for technology insertion via commercialization or technology transition/transfer means, to reduce its risk, and increase the likelihood that it’s research and development (R&D) achieves DHS’ desired outcomes and mission impact.

• Technology scouting proactively identifies, locates, evaluates and reports on existing or developing technologies, products, and services. Technology scouting also identifies technology development trends in the public and private sectors, both inside and outside the United States. Technology scouting results will inform DHS S&T decisions to plan and execute programs and optimize partnerships to provide homeland security technologies, systems, and architectures.

• Horizon scanning leverages a suite of methods to synthesize a broad range of emerging and/or future issues, trends, threats and opportunities related to the technical, economic, Exceeding the SAT pursuant to FAR 16.505(b)(2)(ii)(B)

JEFO No.: FY18-0167 Rev. 2/5/2015 - 2 -social, or ecological environment of the HSE. These methods include, but are not limited to, data-driven foresight, systematic search, scenario analysis, and forecasting.

Results of these analyses and assessment will increase awareness across DHS and will inform investments in HSE capabilities to better deal with future opportunities, uncertainty and complexity.

The increased ceiling will provide for the following:

1) To maintain awareness and provide alerts of emerging and future issues, the Contractor shall perform the required activities to conduct Horizon Scanning while leveraging methods, techniques, and capabilities, such as Bridge by Deloitte, ontology generation experience, text mining, machine learning, and crowdsourcing. Estimated Cost $340,000

2) Conduct Technology Scouting and Analysis to Inform DHS S&T Investment Decision- Making: The contractor shall conduct technology scouting on assigned topics to identify relevant potential solutions that are currently available or will be generally available within one to two years in the public and private sectors, both within the United States and internationally. Potential solutions may be in the form of technologies, products, services, and knowledge products.

3) Conduct Market Analysis to Inform R&D Transition Path Decisions. The Contractor shall conduct market analyses on assigned topics to determine potential market viability of particular technical solutions DHS S&T may be considering developing.

4) Aggregate Horizon Scanning, Technology Scouting, and Market Analysis Findings. The Contractor shall define and refine ontologies that mapped capability alerts to mission space.

These ontologies shall be used to map technology to the homeland security mission space in a way that facilitates the discovery of relationships, hierarchies, similarities, and differences.

The total overall ceiling increase is estimated at $1,000,000.00, which includes the OASIS Contract Access Fee of .25%.

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.

________FAR 16.505(b)(2)(i)(A). The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

_________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. [The justification must demonstrate 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)(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. [For logical follow-on, the rationale shall describe why the relationship

JEFO No.: FY18-0167 Rev. 2/5/2015 - 3 -between the initial order and the follow-on is logical (e.g., in terms of scope, period of performance, or value)]:

The ceiling increase will provide for a continuation of services during the base period which ends 05/04/2018. The current contractor has already built an alert tool that if not funded properly would significantly impact S&T’s responsibility to support the DHS Components.

The original cost estimate anticipated lower cost and fewer hours to conduct Technology Scouting (TS) responses. The complexity of the requests for TS have required increased and more senior position labor hours than originally anticipated, which meant the base period burned more hours and funding than anticipated. Additionally, this task order has become important in the S&T revitalization, which was not anticipated at task order award.

The services provided under this task order is critical to support the immediate need to access knowledge and skills related to the technology landscape and cannot afford any significant time delays that would result from awarding to another company.

Market Research showed that there are several companies who are able to provide similar services, but no other company besides Deloitte can provide adequate personnel and systems in time to ensure there are no delays in service. Deloitte is the only vendor able to ensure there are no breaks in service since they have the personnel already in place with the applicable suitability and clearance levels and have personnel with the institutional knowledge of DHS S&T that is required to complete the work.

Additionally, Deloitte expended REDACTED in the creation of the Bridge tool development and the purchase of software, hardware and database subscriptions to assist with the work under this task order. This tool assists with horizon scanning, tech scouting, crowd sourcing, access to a Subject Matter Expert (SME) network and a report repository.

Any new vendor that were to perform this additional work would need to expend a similar amount of funding and effort to develop a similar tool before performing the main services, meaning the extra work that will be conducted under this ceiling increase would double in price. The program office only has $1,000,000 in funding available for the effort needed and if another contractor were to be awarded this work, none of the additional effort would be performed as all of the available funding would have to go towards the creation of the new contractor’s tool and software and database subscriptions.

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

The Contracting Officer will request that Deloitte keep their labor hour costs the same as those in the current period of performance. These rates were found to be fair and reasonable at the time of award because there were three proposals received and therefore adequate price competition was obtained. This effort was competed less than a year ago so it is not anticipated that labor prices have drastically changed since award was made.

6. Any other facts supporting the justification.

N/A

JEFO No.: FY18-0167 Rev. 2/5/2015 - 4 -

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.

DHS S&T does not plan to increase the ceiling any further and is in the process of awarding another effort to provide support for the revitalization technology needs. This contract will be competed and in place before the end Option Year 1. The Program Office has also instituted a pre-task cost estimating process to gauge spending prior to approval to expend hours to ensure there is no need for an increase in the Option Year 1 or 2 ceiling.

8. DHS intends to post this requirement on FedBizOpps pursuant to FAR 16.505(b)(2)(ii)(D).