LSJ_083-12_CompAdv_Signed.pdf

LSJ No.: 083-12 Limited Source Justification

This acquisition is conducted under the authority of Section 201 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C.501) Multiple Award Schedule Program FAR

8.401 and is justified by the following facts and rationale required under FAR 8.405-6 (a)(1)(i)(C).

(1) Agency and Contracting Activity

The Department of Homeland Security (DHS), Office of Procurement Operations (OPO), National Protection and Programs Acquisition Division (NPPAD), on behalf of the DHS United States Visitor Immigrant Status Indicator Technology (US-VISIT), proposes to award a task order utilizing FAR 8.405-6(a)(1)(i)(C). The new work is a logical follow-on to original Federal Supply Schedule (FSS) order GS-10F-0425R/ HSHQVT-09-F-00013 which was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order was not previously issued under sole-source or limited-sources procedures.

(2) Nature and/or Description of the Action

The Department of Homeland Security, National Protection and Program Directorate, US-VISIT has a requirement on a limited source basis to obtain technical support services for the DHS US-VISIT Program’s Identity Services Branch (ISB). The technical support services will assist US-VISIT and its Government stakeholders with the operation of systems, processes, and decision making regarding law enforcement actions, benefit denial, deportation, refused entry and intelligence updates, and improvement of data quality contained in the electronic systems.

The resulting contractual vehicle will be a hybrid Firm-Fixed Price / Time and Materials task order at an estimated total cost of $8,847,161. The performance for this proposed task order will include a 7- month base period and two 1-month option periods. Performance would cover September 9, 2012 through June 8, 2013, assuming exercise of both option periods. The proposed contractor to fulfill these requirements is:

Creative Computing Solutions, Inc. (CCSi) 1901 Research Blvd., Suite 600 Rockville MD 20850

(3) Description of Supplies/Services

The contractor shall provide project management and technical support services necessary to prepare and deliver all of the Identity Services project planning, project management, requirements analysis, technical performance, stakeholder integration/implementation, and continuity of operations support. The requirements are defined within three major tasks including 1) Overstay Processing; 2) Watchlist Adjudication; and 3) Reporting and Analytical Services. The total estimated cost is $8,847,161.

Overstay Processing Services for this task order provide timely, relevant, and credible information on entry, exit, and immigration overstay status. This confirms the integrity of US-VISIT information in Automated Biometric Identification System (IDENT) and Arrival Departure Information System (ADIS) in direct support of US-VISIT’s goals of enhancing security, facilitating legitimate trade and travel, ensuring the integrity of the immigration system, and protecting the privacy of visitors. ADIS-generated records of interest and provides validated overstay information to DHS operational units that use US-VISIT entry, exit, and status data to enforce immigration laws.

Watchlist Adjudication This task order provides support in the Watchlist Adjudication units. US-VISIT biometric watchlist encounters are reviewed and adjudicated for the promotion or demotion of persons to or from the watchlist. Watchlist matches are reviewed and recommend whether the record should remain on the watchlist or be demoted taking into consideration all of US-VISIT’s stakeholders’ needs and missions.

Reporting and Analytical Services (RAS) The Reporting and Analytical Services is the primary liaison for US-VISIT to the law enforcement and intelligence communities on ongoing operational matters. RAS provide value-added identity services focused on biometrics that support analytical, investigative, and operational needs. RAS provide research and contextual data to law enforcement, the intelligence community, external agencies, and foreign partners.

Description Months Total

Base Period 7 $ 6,881,125.34

Option Period 1 1 $ 983,017.91

Option Period 2 1 $ 983,017.91

Total

$ 8,847,161.15

(4) Identification of the justification and the rationale

The logical follow-on task order would be a bridge to assure continuity of services. The bridge would allow for the continuance of performance with CCSi, in accordance with the regulatory guidance cited under FAR 8.405-6(a)(1)(i)(C). In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order was not previously issued under sole-source or limited-sources procedures.

OPO competitively awarded task order GS-10F-0425R/ HSHQVT-09-F-00013 to CCSi on September 1, 2009 via the General Services Administration (GSA) Mission Oriented Business Integrated Services (MOBIS) contract. The period of performance was initially one base period and four 12-month option periods with a total award amount of $85,914,620.80.

US-VISIT exercised Option Period 1 and the current Option Period 2. The Contracting Officer (CO) submitted a letter to Creative Computing Solutions, Inc. (CCSi) dated February 16, 2012 providing notification of the Government’s decision not to exercise Option Period 3. On May 31, 2012, P00013 modified the order extending Option Period 2 for ninety-days to September 08, 2012. The extension was funded with unused no-year funds already obligated on the order.

US-VISIT is requesting to negotiate and subsequently award a follow-on order under CCSi’s Federal Supply Schedule No. GS-10F-0425R. This sole source task order would allow for a continuation of service while adequate time is provided to successfully compete for a new award. A new solicitation was deemed necessary due to a forecasted significant change in requirements.

In Nov 2011, US-VISIT notified OPO that the current order scope was beyond the program’s funding and organizational changes within VISIT’s Identity Services Branch (ISB) office;

therefore, significant scope changes were desired. The projected changes would have removed significant tasks and reduced the T&M effort by approximately 50% and completely remove the FFP effort. They also desired to change the quantity of records adjudicated as a result of a change in records processing techniques. Additionally, the ISB budget for FY 2012 and outward has been considerably reduced which would prevent exercising any future options.

In addition, as part of its deliberations over President Obama’s FY 2013 budget request, Congress is considering a proposal to transition the US-VISIT program to DHS Immigration & Customs Enforcement (ICE) and DHS Customs & Border Patrol (CBP). If Congress approves next year's budget and confirms the transfer, ICE would take over the US-VISIT overstay analysis program and would be responsible for interior immigration enforcement. CBP would assume responsibility for most of US-VISIT's core operations, including management of the biometric and biographic information storage and matching and watch list services. The current strategy of the solicitation includes tasks that would be split between ICE and CPB. This bridge effort will provide the adequate time to determine the outcome of the transition.

Economy and efficiency would be realized with the award of a logical-follow-on order as there would be no down-time or reduced productivity as with bringing on new contractor staff.

Furthermore, the additional cost of vetting new personnel through security, and training would be minimally confined to staffing replacements caused by attrition.

Furthermore, ISB’s Mission Support Services (MSS) section reviews nonimmigrant traveler records to identify recommendations for credible investigative leads of subjects who appear to have overstayed their terms of admission and remain in the US (in-country overstays). The contractor support provided under the proposed procurement would support the MSS manual vetting of records of individuals identified by the system as having overstayed their terms of admission by 90-days or more and subsequently departing the US (out-of-country overstays).

MSS creates a biometric and biographic lookout for each validated record.

In FY 2011, 48,366 leads were forwarded to ICE/CTCEU for law enforcement action. This number includes previously un-vetted overstay records. This information resulted in 322 arrests thus far. In addition, 16,650 out-of-country overstay lookout records resulted in 3,024 adverse actions overseas at the Department of State consulates or at the ports of entry where the subjects arrived.

http://www.ice.gov/news/releases/1206/120605washingtondc.htm

MSS also reviews biometrics watchlist encounters and adjudicates the promotion or demotion of persons to or from the US-VISIT biometric watchlist. In FY 2011, 285,214 watchlist records were adjudicated.

The consequence of a break in service for MSS support would prevent the assistance to determine visa eligibility, to provide a profile of violators, and to expose fraudulent visa obtaining activities to Department of State users in U.S. consulates.

This represents a potential national security threat if an individual was erroneously granted a visa or allowed re-entry due to an un-vetted overstay record or a non-adjudicated watchlist record. A disruption in services could result in the unlawful presence of foreign citizens, immigrant privacy or security threats, or compromising legitimate trade and travel.

(5) Determination by the ordering activity contracting officer that the anticipated order represents the best value consistent with 8.404(d)

The contracting officer has determined that issuing the proposed Task Order to CCSi to continue this effort represents the best value and will result in the lowest overall cost alternative, considering price and administrative costs, to meet the Government’s needs. The anticipated price(s) of the proposed Task Order will be fair and reasonable based on the vendor prices being rates awarded under the FSS contract GS-10F-0425R. This order will be placed in accordance with FAR 8.404, “Use of Federal Supply Schedules.” Furthermore, in accordance with 8.404(d), the Contracting Officer will consider the level of effort and the mix of labor proposed to perform a specific task being ordered in conjunction with the total price to determine price reasonableness and best value. The General Services Administration (GSA) has already negotiated fair and reasonable pricing rates. Discounts to these GSA schedule rates will be requested.

(6) A description of the market research conducted among schedule holders and the results, or a statement of the reason market research was not conducted.

Market research indicates that other sources might be available under the GSA FSS that could perform the required services provided that there was adequate time for a transitioning from the incumbent to a possible new source. Other sources are not being considered for the immediate need because economy and efficiency would not be realized with an award to a vendor other than the incumbent as there would be unacceptable down-time and reduced productivity with bringing on new contractor staff.

(7) Any other facts supporting the justification

Final 6C suitability determinations or Final Secret clearances are required for personnel to perform tasks on this requirement. Although pre-appointment determinations (EODs) are returned fairly quickly, Final determinations take an average of 211 days of total processing time. A follow-on order will allow sufficient lead-time for the substantial on-boarding delays expected under the upcoming competitively awarded procurement due to awaiting Final determination or clearance outcomes.

Market Research is actively underway for a new competitive procurement. A Request For Information (RFI) seeking capability statements was issued on February 22, 2012 to Program Management, Administrative, Clerical and Technical Services (PACTS) Functional Category 1

(FC1) & Functional Category 4 (FC4) vendors to assess the feasibly of soliciting the requirement under the multiple award vehicle. Based on the capability statements of the respondents, PACTS was found not to be a suitable vehicle. An updated RFI was issued on FedBizOpps.gov on July 15, 2012 with a closing date of July 23, 2012 seeking capability statements. Further market research will be conducted performing internet searches, reviewing similar work with other Federal agencies.

(8) A statement of actions, if any, the agency may take to remove or overcome any barriers that preclude the agency from meeting the requirements of 8.405-1 and 8.405-2 before any subsequent acquisition for the supplies or services is made.

As noted in section 4, the Government is currently preparing a solicitation for these services to be competed on the most suitable contract vehicle as determined by the results of market research.

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