JA for Option to Extend Service - 52.214-8.pdf

U.S. Department of Homeland Security Office of the Chief Procurement Officer

Justification and Approval for Other Than Full and Open Competition Version 3.8

November 2025 Page 1

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

(Cite authority, e.g., 10 U.S.C. 3204(a)(7) or 41 U.S.C. 3304(a)(7))

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) 6.103 (FAR Class Deviation 25-111), and in accordance with the requirements of RFO 6.104, the justification for the use of the statutory authority under RFO 6.103 is justified by the following facts and rationale required under RFO 6.104-1 as follows:

1. Agency and Contracting Activity.

The Department of Homeland Security, U.S. Customs and Border Protection (CBP), Office of Acquisition / Procurement Directorate (OA/PD) proposes to exercise an option to extend services on a basis other than full and open competition, as the clause was included in the original solicitation and contract award, however the price evaluation was not documented at the time of award. .

2. Nature and/or Description of the Action being Approved.:

This action is a modification to exercise the Option to Extend Services for Task Order 70B06C24C00000024 with Avid Core LLC. The original contract was awarded two years ago as an 8(a) direct award under the authority of 15 U.S.C. 637(a). This modification will extend services from May 8, 2026, through August 7, 2026.

(a) Nature of action: DHS intends to exercise an option to extend services on a sole source basis due to only one responsible source can satisfy agency needs , stemming from an administrative oversight in the original award, where the option to extend services clause, FAR 52.217-8, was included in the original solicitation and contract award, however the option pricing was not evaluated.

(b) Name and address of the contractor.

Avid Core LLC

2525 POINTE CENTER CT STE 200

DUMFRIES VA 22026-2277

(c) Contract type: Firm Fixed Price

(d) Estimated total value (including options). Provide breakdown as shown below:

Three-month Optional Extension

Period Total

APPENDIX B: JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION TEMPLATE

Justification and Approval for Other Than Full and Open Competition

November 2025 Page 2

05/08/26 – 06/07/26 $150,372.59 06/08/26 – 07/07/26 $150,372.59 07/08/26 – 08/07/26 $150,372.59

Total $ 451,117.77

1 FAR Class Deviation 25-11 is implemented as a result of Revolutionary FAR Overhaul, referred as RFO, following Executive Order 14275, Restoring Common Sense to Federal Procurement. All citations in this document follow applicable DHS RFO Deviations therefore are referred as RFO.

Note: If the products or services under the justification were previously awarded under another contract, also provide the period of performance end date for that contract(s).

(e) Type of funding: Operations and Support funding - 0530.

(f) Year of funding (Multiyear Funding 2025-2026).

(g) Solicitation number: N/A

(h) Background information about the requirement. The services provided are critical program management support functions for CBP's Office of International Affairs (INA).

3. Description of Supplies/Services.

The services to be acquired are critical program management support functions for CBP's Office of International Affairs (INA). These program support functions include contract staff to support planning and execution of initiatives, programs, and activities designed to advance the diplomatic mission of CBP and extend the zone of U.S. border security across the globe. INA leads the international mission of CBP, and acts as a force multiplier for CBP frontline operators through the sharing of information, international-partner engagement, and the promotion and implementation of CBP international initiatives.

Contract staff conduct a wide range of support functions to INA programs and projects, including but not limited to Interagency Agreement (IAA) management, budget analysis, foreign advisory assistance, international visitor coordination, communications, geospatial information systems (GIS), and Europe program support. Key requirements and support to INA include timely and accurate IAA reporting, advancing foreign advisory efforts by completing curriculum reviews and supporting international training logistics, and refining performance monitoring for regional programs. Geospatial information systems (GIS) contract support includes, but is not limited to monthly updates to personnel deployment maps, maintenance of the INA GIS Map Library, and completion of high-priority mapping requests

4. Identification of Statutory Authority Permitting Other Than Full and Open Competition.

Justification and Approval for Other Than Full and Open Competition

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The statutory authority permitting other than full and open competition for this option exercise is 41 U.S.C. 3304(a)(1), implemented by RFO 6.103-1, "Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements." While the original contract was awarded as an 8(a) direct award under the statutory authority of 15 U.S.C. 637(a), the current need for this J&A arises from the fact that the pricing related to FAR clause 52.217-8 option was not evaluated and documented at the time of the initial award in accordance with Homeland Security Acquisition Manual (HSAM) 3017.204-71, necessitating a justification for exercising the option without further competition for this specific action.

5. Identification of Exception to the Buy American Statute N/A

6. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

(a) Rationale for using the authority cited in section 4 of the J&A;

The services provided by Avid Core LLC are mission-critical for CBP's Office of International Affairs (INA). The original contract, an 8(a) direct award, included FAR clause 52.217-8, Option to Extend Services; however, the pricing for this extension was not evaluated or documented at the time of the initial award. This administrative oversight, coupled with the imminent contract expiration, has created a situation where only one responsible source can satisfy agency requirements without unacceptable delays or substantial duplication of cost, while the recompete is being planned.

(b) Details covering what events lead to the situation requiring use of other than full and open competition procedures including whether any portion of the work can be segregated to allow for competition;

The failure of the original contracting officer to evaluate and document the pricing for the FAR 52.217-8 option at the time of award has resulted in a situation where exercising the option now requires justification for proceeding without full and open competition for this option period. The current contract is expiring on May 7, 2026, and the services are required to continue without interruption.

(c) Summarize alternatives considered and why they will not work;

New Competitive Solicitation: A new solicitation for these services is currently being planned and worked by acquisition team however a competition would take several months to complete, far exceeding the two-day timeframe before the current contract expires. This would result in a significant gap in mission-critical services, severely impacting INA's operations and CBP's diplomatic mission.

Interruption of Services: Allowing the contract to lapse would force Government staff to absorb a monumental workload to perform the functions currently supported by contractor staff. This would drastically disrupt dozens of IAA programs and projects and GIS functionality, maintenance, and improvements, adversely impacting International operations

Justification and Approval for Other Than Full and Open Competition

November 2025 Page 4 and compromising mission readiness. The Government cannot afford a gap in service while the current follow-on award is being processed.

(d) Impact to the mission that would result if the J&A is not approved and, consequently, the product or service not provided.

A lapse in these services would be extremely detrimental to the goals and objectives of the current Administration, impacting efforts to promote anti-terrorism, global border security, non-proliferation, export controls, immigration, and capacity building. CBP supports multiple U.S. Government organizations and several international organizations to create impactful change in the world stage through capacity building, training, and information sharing. A lapse in this contract would be extremely detrimental to the goals and objectives of the current Administration as the Government staff would have to absorb a monumental workload to perform the functions currently supported by contractor staff which would drastically disrupt dozens of IAA programs and projects and GIS functionality, maintenance, and improvements adversely impacting International operations and compromising mission readiness. Not having this capability will severely impact the services that INA provides to modernize how federal staff resolve high attrition rates through incentive hiring and reducing turnover through retention activities for all CBP personnel. Employee engagement initiatives, recognition events, awards, and personnel support are also critical. The continuity of operations is vital for the successful transition to a follow-on recompete contract.

If using “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements” as your authority, also include the following:

o Details on the specific requirements: The requirement is for highly specialized program management support services for CBP's Office of International Affairs (INA), including IAA management, budget analysis, foreign advisory assistance, international visitor coordination, communications, geospatial information systems (GIS), and European program support. These services require deep institutional knowledge of CBP's diplomatic mission, international partner engagement strategies, and the specific operational context of INA's programs and projects. The contractor's deliverables and services directly support the accomplishment of critical INA milestones for high priority Program Management activities.

o Information on why only one contractor is capable of fulfilling the requirements: Avid Core LLC has been performing these mission-critical services under the 8(a) program.

Their performance on this contract has been acceptable, consistently meeting or exceeding contract requirements and demonstrating the ability to meet increased CBP demands. Avid Core LLC is uniquely situated with contractor staff that has the expertise and background, including cleared personnel, in place and is positioned to continue and finish current near-term activities. As the incumbent contractor, Avid Core LLC possesses the immediate capability, a comprehensive understanding of the requirements, and established working relationships with CBP key stakeholders. Their resources are critical to ensure that these high-priority CBP INA programs are successful. Avid Core LLC is the only contractor that can provide the current level of output that will prevent a

Justification and Approval for Other Than Full and Open Competition

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o Why other proposed contractors are unable to meet the requirements: Any contractor other than Avid Core LLC would be challenged with significant contract transition efforts, a substantial learning curve of the program’s needs, establishing a workflow to support the program, and paying for and clearing contractor employees through CBP’s stringent background investigation (BI) procedures. Alone, CBP BI procedures to clear personnel can take up to 6-months, which would exceed the time planned for this short-term bridge.

o Unique capabilities or qualifications of the contractor that form the basis for the justification: Avid Core LLC's unique qualifications stem from their two years of embedded support, resulting in unparalleled institutional knowledge, established working relationships with CBP key stakeholders, and a fully vetted and cleared workforce.

o Information on why and description of the extent to which the Government will be harmed if the supply or service is not acquired from that vendor: An interruption to the current level of delivery would be detrimental to the completion of the work and would put mission-critical INA program requirements at risk. Awarding to a different contractor would result in unacceptable delays, increased costs and resources, and heightened risks that could jeopardize the success of the program due to the learning curve and lengthy security clearance process. This would constitute substantial duplication of cost and unacceptable delays in fulfilling the agency's requirements. The contractor does not have an active exclusion record in the System for Award Management as of this determination.

7. Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential

Sources as is Practicable. Even where the agency has a basis to conduct a noncompetitive procurement, it is still required to request offers from as many potential sources as is practicable under the circumstances. This section should include the following information:

Due to the unique capabilities and institutional knowledge of the incumbent, and the unacceptable delays and costs associated with transitioning to a new contractor, it is not practicable to solicit offers from multiple sources for this short-term extension. The focus is on maintaining continuity of mission-critical services while the recompete process is finalized. An announcement will not be published as this action is justified as "Only One Responsible Source."

This J&A is intended to be posted on SAM.gov within 14 days of the modification award, which is intended to occur by 5/8/2026.

8. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable.

The contracting officer determines that the anticipated price(s) are fair and reasonable based on current market conditions and exercise of the option is in the Government's best interest. This determination is supported by a review of the existing contract rates for the services from the current period of performance, which were established through the original 8(a) direct award process. In accordance with FAR clause 52.217-8, rates will remain the same as established in the previous period of performance which were determined to be fair and reasonable at the time of award.

9. Description of Market Research. Market research is required by RFO Part 10, and the results of the market research should be summarized here.

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Market research was conducted to confirm the unique capabilities of the incumbent and the impracticality of using another source. Due to the two-day timeframe for exercising the option, extensive market research for alternative sources was not feasible. However, the incumbent contractor, Avid Core LLC, has been performing these services for two years, demonstrating their capability and institutional knowledge. The mission-critical nature of the services and the unacceptable impact of a service lapse, as detailed in Section 6, further support the determination that the incumbent is the only practicable source for this urgent, short-term extension without incurring substantial duplication of cost or unacceptable delays.

10. Any Other Facts Supporting the Use of Other Than Full and Open Competition. This section presents an opportunity to strengthen the justification by presenting supplemental or supporting information. Do not summarize or duplicate information already stated in previous sections.

This action is necessary to bridge a critical gap in services caused by an administrative oversight in the original award documentation, ensuring that CBP's vital international affairs mission is not jeopardized while a fully competitive follow-on contract is being processed. The original award to Avid Core LLC was made under the 8(a) program, recognizing their capabilities to meet the Government's needs.

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Justification and Approval for Other Than Full and Open Competition

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11. Contracting Officer’s Certification. I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

Contracting Officer Date

12. Technical/Requirements Personnel Certification. I certify this requirement meets the

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

Technical Representative Date

APPROVAL:

Contracting Officer Date

Note: The Contracting Officer is the final approving official when the action does not exceed $900K.