JEFO_70SBUR21F00000123.pdf

Justification for Exception to Fair Opportunity, Exceeding the Simplified Acquisition Threshold, SPEED Extension/Ekagra

REFERENCE: Justification Log Number: FY25-0069 and PR Number: OIT255035

1. Agency and Contracting Activity.

The Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS), Office of Contracting, proposes to modify an existing task order on behalf of the Office of Information Technology (OIT) / Systems Delivery Division (SDD) pursuant to Federal Acquisition Regulation (FAR) 16.505(b)(2), Exceptions to the fair opportunity process.

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

This action seeks approval for a sole source extension to Ekagra Partners, LLC (Ekagra) via modification to Task Order No. 70SBUR21F00000123 to continue the system maintenance and security work currently within the technical scope being performed. The current task order was competitively awarded in June 2021 through a small business set aside solicitation under the Chief Information Officer – Solutions and Partners 3 (CIO-SP3) Small Business (SB) Government-Wide Acquisition Contract (GWAC). Prior exception to fair opportunity was issued in accordance with FAR 16.505(b)(2)(i)(C), logical follow-on to an already issued order. The final completion date of the order was extended from 01/01/2025 to 06/30/2025 non-competitively via modification P00035.

3. Description of Supplies/Services.

The Services for Product Engineering and Enterprise Delivery (SPEED) Performance Work Statement (PWS) details Information Technology Development, Security, and Operations (DevSecOps) services to operate and maintain major USCIS systems. The Government requires these services for six (6) months, with two two-month and two one-month option periods for a total performance period from 7/1/2025 through 12/31/2025. The total estimated price for this performance period is . The performance period of the proposed extension is allowable under the CIO-SP3 SB GWAC which remains valid through April 29, 2026.

This justification seeks approval to continue the following work unique to 70SBUR21F00000123 on Benefits Hub and related systems:

1. Continue to develop the I-829 capacity by repairing the detailed view, editing capacity, and receipting. Slated to be completed in Q4 of FY25.

2. Continue patches on Edit and Read-Only functions on the I-914, I-914A, and I-914B forms.

Slated to be completed in Q1 of FY26.

3. Finish form I-765 gap analysis in Benefits Hub. Slated to be presented in Q4 of FY25.

4. Finish migration of Benefits Hub assets from XD to Figma, slated to be completed in Q4 of

FY25.

www.uscis.gov

Rev: 10/13/2023

JEFO, Exceeding the SAT, SPEED - Ekagra Justification Log Number: FY25-0069

5. Continue to resolve I-824 dupe approval notice, mark I-918 duplicate notices. Slated to be completed in Q1 of FY26.

6. Continue I-485 digitization and manage production release of I-191 and I-612 forms. Slated to continue through transition to RIVER with major releases through Q1 of FY26.

4. Statutory exception and supporting rationale.

The applicable statutory FAR citation and basis for using an exception to fair opportunity process is:

☒ 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 work performed on this task order covers the entire agile development process, from planning and establishing user stories and acceptance criteria through maintenance of code and systems after enhancement. Ekagra performs DevSecOps work for the major USCIS system Benefits Hub. In addition, Ekagra performs the maintenance and development on the networks that connect and integrate information to and from Benefits Hub. Due to the urgent nature of the information contained within these systems as it relates to the mission and the multi-vendor environment in which they are developed, the scope of work within this task order can only be provided at the acceptable quality levels by Ekagra.

Despite being agile development work, the work performed on these systems is highly specialized for two reasons. First, the system Ekagra develops is a major endpoint for USCIS. Benefits Hub is the internal interface to view and operate Computer Linked Application Information Management System (CLAIMS3) cases. This is the exclusive system for intake, assignment, review, and adjudication of immigrant and non-immigrant petitions. CLAIMS3 and Benefits Hub work in conjunction to create dashboards for digital cases and data lake information, supporting the Agency’s goal to digitize immigration and decrease processing times. Benefits Hub also supports the Enterprise Print Management Service (EPMS) and Interim Case Management System (ICMS), distributing information and providing real time updates to adjudicators and petitioners. The transition of this work to the vendors who will be awarded Resources for InnoVation and Enterprise Readiness (RIVER) task order is slated to take at least four months given the size and scope. No vendor other than Ekagra can complete the work that Ekagra performs on this task order at full capacity at acceptable quality levels without sufficient transition time. The Government does not have sufficient time to competitively award an order while RIVER continues to route through internal processes. Further, without the maintenance and iterative deployments of upgrades to Benefits Hub, the Agency will not realize the full benefit of its investment.

Second, the work is highly specialized in that it operates in a multi-vendor environment with a consistently changing division of work. Two vendors operate in the Benefits Hub environment and three operate within CLAIMS3. As such, these vendors have division of work stand-ups, discussions, and have developed methods and relationships that allow them to execute deployments weekly. To transition a new vendor into this position just prior to the transition of all of the work to

JEFO, Exceeding the SAT, SPEED - Ekagra Justification Log Number: FY25-0069 the new awardees for RIVER would not be feasible and result in an almost entire lapse of acceptable services should this order not be extended.

In summary of the established Acceptable Quality Levels and PWS, the contractor is required to release code on a weekly (or greater) basis, release code without error, collaborate and cooperate with other SPEED contractors, and understand the work well enough to being innovative in problem solving and efficient in resource use. The Government does not anticipate recovery of competition costs for this short extension as the best value remains most achievable with Ekagra under this task order. The contractor remains uniquely capable of maintaining staffing and providing satisfactory services specified in the PWS without having to compromise performance standards that may otherwise be anticipated with a change in contractors to complete initiatives already in progress.

Another major risk associated with staffing is that the Agency’s Entrance On Duty timeline for new contractors is roughly 90 days. This, coupled with the requirement for transition to a new contractor at the end of the proposed performance period, would render the next 6 months as valueless in terms of development, testing and deployment progress.

The Government performed market research through June 2025 using techniques including surveying industry and Government experts and surveying similar requirements. The conclusions pertaining to economy and efficiency described above are supported by that market research. The market research conclusions remain unchanged in supporting that only the current contractor is capable of providing these highly specialized services at the quality level required. It is concluded that only Ekagra is capable of providing the supplies or services required.

Should this task order not be extended, the following forms and tools which are critical to the USCIS mission will not be supported:

• Designers will not realize the full benefits of Figma’s real time collaboration features, cloud-based access, and design features if a full migration is not complete.

• Edit and read-only functions will not function properly on the suite of I-914 forms, preventing seamless online filing and reducing the benefit the Government receives from its investment.

• The I-824 will continue to send improper and duplicate notices, putting stress on the person-to-person customer service system at USCIS.

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

The Contracting Officer has determined that the anticipated cost to the Government will be fair and reasonable. The Independent Government Cost Estimate (IGCE) for this work was based on two factors. One, four years of acquisition history for the SPEED procurement which shows that the contractor did not require additional funding to complete the scheduled requirements outlined in the PWS. Two, the original task order award was made on a competitive basis and determined to be the best value to the Government. The labor rates awarded on the CIO-SP3 SB GWAC were determined fair and reasonable by the awarding Contracting Officer. Further, the labor rates resulting from the SPEED competition were determined fair by the ordering Contracting Officer. The Government will