JEFO_70B02C20F00001245_SIGNED.pdf

U.S. Customs and Border Protection Justification for Exception to Fair Opportunity (JEFO) – FAR 16.505(b)(2)(ii)(B)

Exceeding the SAT

Version 1.0 September 2016

Date: 09/16/2020 PR Number: 20115791

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS); Customs and Border Protection (CBP);

Office of Acquisition; Aviation, Maritime, and Border Technologies Contracting Division proposes to award an order pursuant to FAR 16.505 (b)(2)(i)(E), For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source.

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

CBP intends to issue a direct award to an 8(a) Alaska Native Corporation pursuant to Section 8(a) of the Small Business Act (15 USC 637(a)(1)), the Federal Acquisition Regulation (FAR) Part 19.8, and the executed Partnership Agreement between the U.S.

Small Business Administration (SBA) and the Department of Homeland Security. The SBA Seattle District Office has provided acceptance of this requirement and has assigned requirement # DU1595453590K for this purpose. The resulting task order shall be issued against the vendors General Services Administration (GSA) One Acquisition Solution for Integrated Services (OASIS) Indefinite Delivery, Indefinite Quantity (IDIQ) contract vehicle 47QRAD20D8142.

Name and Address of vendor:

Rivertech, LLC 10807 New Allegiance Drive, Suite 350-200 Colorado Springs, Colorado 80921-3796

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

The Customs and Border Protection (CBP) Tactical Air, Land and Marine Enterprise Communications (TALMEC) and Office of Information Technology (OIT) Field Support Directorate is seeking support to provide infrastructure, operations and maintenance services in locations where the Tactical Communications (TACCOM) Systems have been enhanced with technology upgrades as well as increased system coverage capabilities within certain Areas of Responsibilities (AORs). The Contractor shall provide personnel with the capability to provide a complete range of infrastructure, operations and maintenance services to support the Operational Support Division and the Field Support Directorate AORs while employing industry best practices. The total estimated value of this contract action is $6,599,069.18 for the base and all options. This contract contains one (1) 12-month base year and two (2) 6-month option periods. This contract also contains several seperatley price line items in each period of performance for surge labor requirements.

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.

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

Rationale:

8(a) direct awards are authorized by statute pursuant to Section 8(a) of the Small Business Act (15 USC 637(a)(1)), the Federal Acquisition Regulation (FAR) subpart 19.808-1, and the executed Partnership Agreement between the U.S. Small Business Administration (SBA) and the Department of Homeland Security.

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

The Contracting Officer anticipates that the cost will be fair and reasonable based on the government’s IGCE, documented historical cost, and data from the previously competitively awarded contract.

6. Any other facts supporting the justification.

N/A

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.

Any efforts to remove this requirement from the 8(a) program will need to be coordinated with the SBA to formally release the requirement pursuant to FAR subpart 19.815.

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

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.

Technical Representative/COR

10. Contracting Officer Certification and Approval: *

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:

Contracting Officer – Joshua J. Bedregal

*Note: In accordance with FAR 16.505(b)(2)(ii)(C)(1), proposed orders with an estimated value exceeding the simplified acquisition threshold, but not exceeding $700,000, the ordering activity contracting officer’s certification that the justification is accurate and complete to the best of the ordering activity contracting officer’s knowledge and belief will serve as approval. For CBP, the contracting officer should sign each justification prior to approval by the next higher level (e.g., Competition Advocate, HCA, and/or CPO).

► JEFO Approvals:

12. COMPETITION ADVOCATE (Per FAR 16.505(b)(2)(ii)(C)(2) - Above $700,000)

Approved Disapproved

Name (Print): Richard Gunderson Competition Advocate

Signature: ___________________________

Name (Print): Richard Gunderson