JA-2024-03-1069_70T03020F6NPIE008_ISSO.pdf

Exception to Fair Opportunity

SECTION I: Introduction

The Transportation Security Administration (TSA), Information Technology (IT) and Contracting & Procurement (C&P) propose to exercise the Option to Extend Services clause, Federal Acquisition Regulation (FAR) 52.217-8, for the TSA Information System Security Officer (ISSO) Services Task Order HHSN316201200166W / 70T03020F6NPIE008 that shall restrict the number of sources provided a fair opportunity to be considered (FAR 16.505(b)(2)). This Exception to Fair Opportunity supports the execution of this option.

The procurement request number is PR247667D045. C&P’s Justification and Approval (J&A) tracking number is JA- 2024-03-1069.

Per FAR 16.505, the proposed action is conducted under a multiple award contract.

SECTION II: Description of Action Being Approved

The proposed action is necessary while a competitive follow-on action is pursued. Extending the current Order will provide sufficient time for C&P to complete the procurement for this follow-on contract. Quasars is the only source capable of providing services to TSA without unacceptable delay.

The Contracting Officer seeks approval to extend the period of performance under the existing contract for up to six

(6) months.

(a) Quasars, Inc.

(b) Type of action: Contract Modification

(c) Amount: $5,260,869.51

(d) Period of Performance: July 4, 2024 through January 3, 2025

(e) Other Information:

The option available to TSA via Federal Acquisition Regulation (FAR) 52.217-8 is included in the task order, but was not evaluated at the time of contract award.

FAR 52.217-8 permits the Agency to extend the Task Order with the same terms and conditions for up to six (6) months.

SECTION III: Description of Supplies or Services

The contractor provides ISSO services, which are essential to the security and compliance of the Agency's information systems. These services include:

• Developing and maintaining the System Security Plan (SSP)

• Conducting risk assessments and vulnerability scans

• Implementing security controls and monitoring system activity

• Responding to security incidents and ensuring compliance with relevant regulations and standards

SECTION IV: Identification of the Exception to Fair Opportunity Rationale

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. * Note: if using “brand name”, clearly explain why brand name or equal is not a viable solution.

SECTION V: Description of Fair Opportunity Exception Rationale

The proposed action is needed to avoid an interruption in required ISSO services and to allow the competitive follow-on procurement’s successful contractor an appropriate Transition-In period. The Transition-In period is necessary to sustain the critical operations that support TSA’s network infrastructure. It would be impractical based on the highly specialized nature of the services, policy requirements mandating ISSO services, and the security requirements to on-board contractor personnel to transition to a new contractor before an award has been made.

Quasars is capable of meeting the operational requirements needed to continue operations without disruption.

Interruption of these services has a higher-level safety impact to the TSA IT systems that represents an unacceptable level of risk to the Agency’s mission.

SECTION VI: Contracting Officer’s Determination that the Order Represents the Best Value

The base period and all option period prices to provide ISSO Services support were determined to be fair and reasonable at the time of award in September of 2020. The total option price of this six (6) month extension is estimated to be $5,260,869.51 is composed of the rates established for Option Year 4 of the task order, which were evaluated as fair and reasonable at the time of award. This 6 month extension is also expected to be fair and reasonable.

SECTION VII: Market Research Description

Market research indicates sufficient competition is available in the marketplace and is being sought on the follow on action. However, there is an ongoing need for continuous ISSO support critical to TSA’s ability to meet their mission and timely respond to threats to the United States transportation domain while the action completes.

SECTION VIII: Other Facts Supporting the Fair Opportunity Exception Justification

None.

SECTION IX: Actions Taken to Remove Barriers to Competition

The Agency is in process of competing the required ISSO services among General Services Administration small business contract holders for the follow-on contract.

SECTION X: Contracting Officer Certification

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Shannon Welch

Name (Printed) Signature

Date

SECTION XI: Technical or Requirements Personnel Certification

I certify that this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

Kristine Pruy Name (Printed) Signature Date

SECTION XII: Concurrence and Approval

The required levels of concurrence and approval of this Exception to Fair Opportunity Justification depend on the estimated total value of the procurement. Concurrence and approval must be obtained for that level and each previous level.

Estimated Procurement Value:

$2,500 and greater for Services

Concurrence:

Program Manager:

Daniel Daly

Name (Printed) Signature Date

Acquisition Official Approval:

Contracting Officer:

Shannon Welch

Name (Printed) Signature Date Estimated Procurement Value:

Greater than $250,000

Acquisition Official Approval:

Division Director: (Acting)

Mary Hallam

Name (Printed) Signature Date

Estimated Procurement Value:

Greater than $750,000

Acquisition Official Approval:

TSA Competition Advocate:

Denise Randolph

Name (Printed) Signature Date