JEFO_15-0036_Revised_11_26_14_signed_jdh.pdf

Justification for Exception to Fair Opportunity Exceeding the SAT pursuant to FAR 16.505(b)(2)(ii)(B)

JEFO No.: FY15-0036

Date: November 26, 2014 PR Number: RSFR-15-00012

1. Agency and Contracting Activity. Identification of the agency and the contracting activity, and specific identification of the document as a “Justification for an Exception to Fair Opportunity.”

The Department of Homeland Security (DHS), Office of Procurement Operations (OPO), on behalf of the Science and Technology Directorate (S&T) First Responder’s Group (FRG) proposes to award a task order for continuity of services under an exception to fair opportunity.

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

DHS OPO intends to award a task order without considering other awardees under contract number HSHQDC-13-D-00036 pursuant to FAR 16.505(b)(2)(ii)(B) using the exception 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.

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

Currently Booz Allen Hamilton (BAH) provides on-site assistance to S&T FRG to support program and technical management, program planning and oversight, financial management, and technical website administration functions across the broad scope of First Responder activities.

Pending the competitive award of a new task order, S&T FRG has a requirement for a bridge task order to continue the level of quality of mission critical Science Engineering and Technical Assistance (SETA) support provided by BAH. The draft solicitation for the new competitive award was released to all SETA II Indefinite Delivery Indefinite Quantity (IDIQ) vendors on November 10, 2014 and is anticipated to be awarded on February 26, 2015. By issuing a bridge task order for continuity of services, FRG will be in a position to effectively function at full mission capability while the competitive task order is put into place. The total estimated value of this order is $2,079,867, which includes a base period of December 15, 2014 through March 31, 2015 and includes two one month optional periods that the Government may or may not exercise:

Option Period 1: April 1, 2015 through April 30, 2015;

Option Period 2: May 1, 2015 through May 31, 2015.

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.

JEFO No. FY15-0036

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:

The original task order for this effort, HSHQDC-11-J-00099, was awarded under a single award BPA. The task order was modified September 25, 2014, under the Continuity of Services Clause, FAR 52.237-3, to allow for a transition. The acquisition strategy to replace the original task order was to compete the requirement under the SETA II multiple award IDIQ. The vendors under the IDIQ are Noblis, BAH and ManTech. Due to events outside of the program office’s control, the schedule for the re-compete exceeded the initial planned transition period under HSHQDC-11-J-00099. Accordingly, an additional bridge period is needed to maintain the level of quality of services. Because BAH is one of the SETA II IDIQ holders, the strategy to provide for additional time for continuity of services is to award a bridge task order to the incumbent, BAH under the SETA II IDIQ vehicle. Only the incumbent, BAH, is capable of maintaining continuity of services for the S&T FRG because only BAH has the institutional knowledge, subject matter expertise, and specialized skill and ability to continue to provide the level of quality needed. Additionally, BAH currently manages two vital public facing websites, www.firstresponder.gov and www.communities.firstresponder.gov. The transition of these websites and the required DHS CIO security documentation is substantial and a gap in service would cripple FRG’s mission critical effectiveness.

Twenty-six contractor personnel currently support this effort through on-site and off-site assistance to S&T FRG to provide program and technical management, program planning and oversight, and financial management and technical website administration functions across the broad scope of the FRG activities. To ensure FRG is able to perform its mission with little to no negative impact to productivity, a bridge period to maintain continuity of services is necessary.

This period is also necessary if a contractor other than BAH wins the competitive task order.

The bridge period will ensure that a new awardee is provided sufficient information and time to ensure the support services provide the level of support necessary to continue uninterrupted services to FRG during a transition. Currently, DHS OPO in support of S&T FRG is in the process of awarding a new competitive task order for the FRG SETA support services. The new order will be in place during the period of performance of the support contract being replaced to allow for a proper transition, in case of a new awardee, if necessary.

If this task order for a bridge period is not awarded, FRG will see its mission critical staffing level reduced by approximately 50% for a lengthy period, resulting in crippling irrecoverable deficiencies in programmatic, management, and technical effectiveness. Additionally, the Government would bear the full burden of supporting the transition-in of a new contractor if a contractor other than BAH won the competitive task order.

5. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The Government will conduct a cost and price analysis on the task order proposal to determine that the task order pricing is fair and reasonable. In determining price reasonableness, the Government will consider the level of effort and the mix of labor proposed to perform the specific bridge period services. The pricing under contract number HSHQDC-13-D-00036 was determined through a competitive process and the rates were found to be fair and reasonable at time of award. Accordingly, the Government’s analysis will include verifying that the rates in the proposal are less than or equal to the rates in HSHQDC-13-D-00036. Additionally, a certificate of current cost of pricing data will be requested from BAH.

6. Any other facts supporting the justification.

None

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.

DHS OPO in support of S&T FRG is in the process of awarding a new competitive task order for the FRG SETA support services that will remove any barriers to an exception to fair opportunity.

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