JEFO__FY15-0431.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. FY15-0431

JEFO No.: FY15-0431

Date: August 19, 2015 PR Number(s): CISOIT15536;

CISOIT15523; CISOIT15539;

CISOIT15537; VER150097;

CISOIT15567; SEC150118;

CISOIT15571

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), United States Citizenship and

Immigration Services (USCIS) Office of Contracting prepared this Justification for an exception to fair opportunity.

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

The USCIS Office of Contracting intends to award a Secure Enterprise Technology

Infrastructure (SETI) bridge task order under contract #HSHQDC-14-D-E2024 on the

Enterprise Acquisition Gateway for Leading Edge Solutions (EAGLE)-II to Science

Applications International Corporation (SAIC) without considering other EAGLE-II awardees pursuant to FAR 16.505(b)(2)(ii)(B). This justification is needed to allow for continued performance by the incumbent contractor through January 8, 2016 during the award and transition-in period of the successor task order. This bridge will be conducted under EAGLE II because EAGLE-I ends on 9/25/15.

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

The services required include professional Information Technology (IT) technical and program management support services. The contractor will coordinate, direct, and oversee the design, development, integration, computer security accreditation and certification, computer security training and operation of the USCIS enterprise-wide IT

Infrastructure. The contractor support being acquired provides reliable operations, engineering, implementation and project management support services to the USCIS enterprise infrastructure components including networks, servers, voice, video, datacenter class platforms, and the storage area network. Additionally, these services support active directory, exchange, smart phones, data and voice circuits, blackberry components, security assurance requirements and authority to operate, as well as, process, procedures and policies that enable USCIS to meet mission deliverables and goals.

The Period of Performance (POP) is anticipated to be four months (one two-month base period and two one-month option periods).

Base Period 9/12/15 – 11/6/15

Option 1

11/7/15 - 12/4/15 Option 2

12/5/15 – 1/8/16 Total POP

9/12/15 – 1/8/16

$10,648,594.71 $5,324,297.35 $5,324,297.35 Estimated Price

$21,297,189.42

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.

____x____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.

Rationale:

This justification is prepared to obtain approval pursuant to FAR 16.505(b)(2)(i)(B) to extend the services that are currently being performed on the SETI task order, under a four month bridge task order, from September 12, 2015 to January 11, 2016. The extension of four months will allow time to complete the acquisition for the Support for

Platform Engineering and DevOps Integration (SPEDI) requirement, as well as allow for transition time from SETI to SPEDI. Since the current EAGLE-I IDIQ contract under which SETI was awarded is expiring on 9/25/15, the four month bridge task order, issued pursuant to an exception to fair opportunity requirements, will be awarded under

EAGLE-II.

SPEDI proposals have been received and are currently under evaluation. An award is scheduled for September 2015. After the award in September, there will be a continued need for support by SAIC to allow for uninterrupted services of this vital requirement during the transition of services from the current contractor to the SPEDI contractor.

Only SAIC has the unique capability to continue performance of this requirement since they have been doing the work continuously since 2010.

SAIC currently supports USCIS OIT and possess the required skills, staffing, recruitment capabilities, and operational readiness to continue to support this requirement during the requested extension without disruption and a detrimental impact to USCIS. No other contractor has the knowledge and infrastructure in place to support this requirement for the short four-month extension period requested.

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

The Contracting Officer will determine that the anticipated price(s) will be fair and reasonable based on prior acquisition history, to include history from the incumbent contract (HSSCCG-10-J-00329) and from contracts of similar services. It is anticipated that the contractor will utilize its EAGLE-II negotiated rates. These rates were deemed fair and reasonable at the award of the IDIQ. Historically, SAIC has provided discounted rates off their EAGLE contract; if they propose at a discount as they have done in the past, it would make the task order rates even more reasonable. Thus, for this bridge task order, the Contracting Officer has determined that price establishment in accordance with

FAR 16.505(b)(3) is not necessary.

The Contracting Officer anticipates that a four month bridge task order will represent the best value and will result in the lowest overall cost, considering price and administrative costs, to meet the Government’s needs.

6. Any other facts supporting the justification.

It should be noted that the acquisition that will replace the SETI bridge task order is not a true “replacement,” but has actually evolved into a much more robust acquisition to fit the information technology needs of USCIS both now, and for the foreseeable future.

Moreover, the new requirement entails and incorporates a change in OIT’s approach from

Waterfall to Agile methodologies. As USCIS is already redefining the requirement to promote competition, it would not be prudent to do two simultaneous competitions in parallel. From information gathered during industry outreach for SPEDI, the anticipated response from industry to the current SETI extension is extremely low as there was no formal or informal interest expressed. There is high interest among IT contractors for the new, more robust acquisition. Qualified (EAGLE-II) offerors have submitted proposals, which are currently under evaluation, for the four year SPEDI acquisition which offers a much higher earning potential.

The SPEDI AP was approved on 12/23/2014, the solicitation was approved on 4/28/15 and the solicitation was released to EAGLE II FC1 Unrestricted vendors on 4/30/15, and proposals were received on 6/23/2015. Award is scheduled for September 2015.

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.

The Agency will overcome barriers that led to this Exception to Fair Opportunity with the competitively awarded SPEDI acquisition.

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

9. Technical/Requirements Personnel Certification.