1.5.1-JA-25-0001 Approved.pdf

OFFICE OF ACQUISITION MANAGEMENT

ICE Acquisition Manual 3016.505-90

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

EXCEEDING SAT: FAR 16.505(b)(2)(ii)(B)

J&A-25-0001

1. Agency and Contracting Activity.

The Department of Homeland Security, U.S. Immigration and Customs Enforcement (ICE), Office of Acquisition Management (OAQ), prepared this justification for an exception to fair opportunity on behalf of the Student and Exchange Visitor Program (SEVP).

2. Nature and/or description of the item/service being procured and anticipated cost:

(a) Type of action: Firm-Fixed Price task order for interim contract

(b) Amount the current J&A is justifying: $1,703,448.00

(c) Brief Description: Brief Description: OAQ intends to procure, on a sole source basis, Adjudication and Compliance Support (ACS) Data Analytic Support Services from the following company to avoid a lapse in service:

Booz Allen Hamilton Inc.

8283 Greensboro Drive McLean, VA 22102-3830

3. Description of Supplies/Services.

SEVP requires ACS Data Analytic Support Services for up to six (6) months at a total cost of $1,703,448.00. This sole source is required to prevent a lapse of service until the new award can be put in place. The anticipated period of performance of this Task Order will consist of a 4-month base period and two (2) 1-month option periods, as outlined below:

Contract Period Duration Price Base Period 4 month $1,135,632.00

Option Period 1 1 month $283,908.00 Option Period 2 1 month $283,908.00

TOTAL $1,703,448.00

4. Statutory Exception and rationale for its use:

Exception:

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.

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

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.

FAR 16.505(b)(2)(i)(D). It is necessary to place an order to satisfy a minimum guarantee.

FAR 16.505(b)(2)(i)(E). For orders exceeding the simplified acquisition threshold, a statute expressly authorizes that the purchase be made from a specific source.

Rationale:

ICE/OAQ intends to procure ACS Data Analytic support services as a logical follow-on to an order already issued under the contract. The current contract period of performance expires on October 31, 2024. The recompete effort is underway with an estimated award to occur in January 2025. To avoid a lapse in service between the current contract end date and the new contract award date, and account for the potential for protests on the new award, it is in the Government’s best interest to award a short-term interim contract for up to six (6) months to Booz Allen Hamilton, Inc.

Issuing a new solicitation for a short-term interim contract would incur unnecessary costs, effort, and time without providing any benefits to the government. A new vendor would need additional time to navigate through the security clearance processes and would lack insight into ongoing projects, making it difficult to effectively assimilate and begin work.

Furthermore, the limited duration of the contract would not allow sufficient time for the new vendor to complete meaningful tasks that could benefit SEVP. This transition would also divert resources from the agency's staff, leading to potential disruptions and inefficiencies, ultimately making it more advantageous to retain the incumbent vendor, who is already familiar with the agency's needs and operations. If an interim task order is not awarded, SEVP is unable to continue its administrative data analysis support services with subject matter expert level of knowledge and critical information needed for effective continuation and management of SEVP’s tracking of foreign students and exchange visitors in the United States, as well as continued technical, analytical, program management, administration, and adjudication support to specific SEVP processes.

Booz Allen Hamilton, Inc. is the only source capable of immediately providing the specific data analytic support services on an uninterrupted basis and to allow for a seamless transition to a new contractor at the level of quality required by SEVP. Booz Allen’s assigned personnel currently demonstrate subject matter expert level of knowledge and critical information needed for effective continuation and management of data analysis. SEVP’s continuous need for the tracking of foreign students and exchange visitors in the United States, as well as continued technical, analytical, program management, administration, and adjudication support to specific SEVP processes makes Booz Allen the only vendor capable of providing consecutive support without a lapse in services. Booz Allen also provides subject matter expert communications support to the Student and Exchange Visitor

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

Information System (SEVIS). For these reasons, Booz Allen is the only source capable of performing these services at the level of quality required by SEVP because the services are urgent, and continuity is essential until a new contract is awarded.

5. 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) will be fair and reasonable based on current market pricing from the GSA OASIS vendor, Booz Allen. Booz Allen based pricing for the interim contract on option period four pricing for the current task order 70CMSD19FR00000050 ending October 31, 2024. Task order 70CMSD19FR00000050 was competitively awarded using OASIS Unrestricted, Pool 1. OASIS is a Governmentwide, multiple award Indefinite Delivery, Indefinite Quantity (IDIQ) contract, adopted as a DHS strategically sourced vehicle by memorandum of agreement with General Services Administration (GSA). All awardees were given fair opportunity to be considered for the original order. Adequate price competion was achieved, which determined reasonableness.

Based on the same pricing, the short term interim task order will also be fair and reasonable.

The Contracting Officer has determined that issuing a sole source Task Order for continued data analytic support services represents the best value and will result in the lowest overall costs, considering price and administrative costs, to meet the Government’s needs. The quoted price will be compared to historical prices and the Independent Government Cost Estimate (IGCE). Additional discounts will also be requested. As a result, ICE anticipates the proposed price will be fair and reasonable based on the same pricing from the expiring task order.

6. Any other facts supporting the justification.

There are no other facts supporting the justification.

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 requirements have changed for the current Adjudication and Compliance contract. The Government has determined that in order to meet the new requirements, the contract must be separated in to an Adudication and Compliance Support contract, as well as a Data Analtics Support contract in order to accommodate the needs of the SEVP. This is the barrier that led to the exception to fair opportunity. The agency will overcome these barriers in the future, by ensuring requirements are evaluated and defined early on in the procurement process. The requirement is being competed. That competitive action is underway; solicitation recently issued by GSA contracting officer. Competitive award is anticipated in January 2025. Once the new order is put into place there will no longer be a need to sole source this requirement.

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

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

9. Technical/Requirements Personnel Certification.

Pursuant to FAR 16.505(b)(2)(ii)(B)(9), I certify that this requirement meets the Government’s minimum need and that the supporting data, which form a basis for the justification, are accurate and complete.

ZOHAL SAYAR

Technical Representative/COR

10. Contracting Officer Certification

Pursuant to FAR 16.505(b)(2)(ii)(B)(8), I certify that this justification is accurate and complete to the best of my knowledge and belief and hereby determine that the circumstances for an exception to fair opportunity exist:

TRACY D. RILEY

Contracting Officer

11. Approval.

H. ELEASE SANDERS

Competition Advocate

ZOHAL

SAYAR

Digitally signed by ZOHAL

SAYAR

Date: 2024.10.17 10:16:19 -04'00'

TRACY D

RILEY

Digitally signed by

TRACY D RILEY

Date: 2024.10.17 09:26:27 -05'00'

MELANIE

ALSTON

Digitally signed by

MELANIE ALSTON

Date: 2024.10.17 14:01:14 -04'00'