JEFO_Exceeding_SAT_Deloitte Final 1.pdf

Attachment 6 U.S. Customs and Border Protection

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

Version 2.0 September 2025

Date: September 17, 2025 PR Number: 20150131

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), Customs and Border Protection, Office of Field Operations (OFO), prepared this justification for an exception to fair opportunity.

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

CBP intends to award a task/delivery order without considering other awardees under contract number 47QRCA25DU100 pursuant to FAR 16.505(b)(2)(ii)(B), only one awardee is capable of providing the services required. This order supports critical missions including vetting, targeting, cargo processing, and trade enforcement at ports of entry.

The current task order 70B03C22F00001229, is performed by:

Deloitte Consulting LLP 1919 N Lynn Street Arlington, VA 22209-1742

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

This task order develops and implements technology and AI-based tools that directly support Customs and Border Protection (CBP) targeting, travel, and cargo functions, including: (1) providing threat/risk analysis to the National Vetting Center (NVC) and National Targeting Center (NTC) through data scientists, supply chain specialists, and TS/SCI cleared technology professionals; (2) tracking, modeling, and measuring return on investment associated with Non- Intrusive Inspection and biometrics technologies – enabling $1B of technology to 50+ ports of entry – using commercially available solutions; (3) projecting air passenger travel by creating predictive analytical models – with 99% accuracy – to adequately staff ports of entry to meet dynamic threats; and (4) enforcing duty collection on $3.4B annual low value shipments through an AI-based tool. The contractor will provide complex analytical support and AI-based tools for the following programs: National Vetting Center (NVC); National Targeting Center (NTC);

Innovation & Strategy Directorate (ISD); Cargo and Convenance Security (CCS); and OFO Front Office.

The total value of the proposed solicitation is Base year estimate $9,073,232.22 for seven months. Total value: $9,073,232.22 with a period of performance from September 30, 2025, to April 29, 2026.

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)(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 purpose of this Justification for Exception to Fair Opportunity (JEFO) is to support critical national security and Border Emergency mission operations. The incumbent vendor is the only contractor capable of maintaining and enhancing mission critical AI-based systems that disseminate intelligence information to the frontline, enable reporting to the Secretary and White House on critical mission priorities, and support tariff/duty revenue enforcement. CBP requires a vendor with specialized expertise and capabilities to support the following operations:

a. National Targeting Center: Deloitte has been the sole provider of Field Transformation Team (FT2) intelligence-based threat information dissemination since inception. Deloitte is the only vendor capable of continuity of an AI-based tool ingesting CBP systems of record data to disseminate threat information. Without this immediate support, OFO will not be able to equip officers with critical intelligence information on emerging threats including counterterrorism and counter-narcotics at over two dozen ports of entry.

b. Transshipment Anomalies: Deloitte is the only vendor capable of maintaining OFO’s transshipment anomaly analytical solution, which Deloitte developed using multiple shipping data sets to identify national and regional trends in transshipping. This AI-based tool is used to inform the White House of nations that are non-compliant with new tariff policies. Without Deloitte’s commercial capability, CBP will not be able to update the White House and DHS Secretary on revenue collection and tariff evasion.

c. Non-Intrusive Inspection: Deloitte is uniquely positioned given their development of the NII Executive Leadership Portal Deployments Module and their understanding of complex NII data sets. This tool is used to report deployments to Congress, the White House, and OMB. Without this support, OFO will face significant delays achieving deployment targets over 50 sites across the country as outlined in the One Big Beautiful Bill Act (OBBBA).

d. National Vetting Center: Deloitte is uniquely positioned because they have personnel that have deep experience with NVC classified vetting systems and possess TS/SCI clearances. There are no other vendors that possess the experience with the Hi Vue system – the technology that underpins the vetting operations across the United States vetting support agencies (VSAs).

Without this support NVC will face significant risk in vetting over 2 million aliens a year at the SW border.

e. Proven Mission-Specific Expertise: Deloitte has successfully performed on the current and prior iterations of this requirement, demonstrating deep understanding of OFO’s operational environment, data systems, interagency coordination processes, and compliance obligations.

Their institutional knowledge enables them to execute tasks without the onboarding delays, redundant analysis, or procedural re-learning required of new vendors.

f. Continuity of Operations and Risk Mitigation: Transitioning this work to a new vendor at this critical stage would create an unacceptable risk of delays, data discrepancies, and mission disruption. Deloitte’s current role ensures uninterrupted delivery, preservation of institutional knowledge, and seamless integration with existing workstreams. This is essential to prevent operational backlogs and potential mission failure.

g. Proprietary Methodologies and Tools: Deloitte employs proprietary analytical models, process automation tools, and reporting frameworks developed specifically for CBP/OFO needs during prior engagements. These tools are not commercially available from other vendors without significant redevelopment, which would incur additional cost, require new security vetting, and extend delivery timelines. Other vendors do not have access to:

• Custom Workforce Analytics Dashboards designed by Deloitte to align with CBP’s HRM and procurement performance frameworks.

• Proprietary Risk Assessment Models that integrate CBP-specific operational, budgetary, and workforce data.

• Process Improvement Methodologies that are Deloitte-owned intellectual property, refined through years of supporting CBP.

• Training and Change Management Frameworks built on Deloitte’s proprietary platforms, customized to CBP acquisition staff.

Because these tools are proprietary, competing vendors would be unable to replicate or leverage them without significant re-engineering, duplicative cost to the government, and lengthy delays.

Furthermore, use of Deloitte’s intellectual property is contractually restricted to Deloitte personnel, meaning competitors cannot lawfully or practically employ the same approaches. In short, other vendors lack both the legal rights and the technical ability to use the tools essential for delivering this requirement, making Deloitte the only contractor positioned to provide seamless and effective support.

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

The contracting officer will compare the price to previously competitively procured services that are exact in nature to determine price reasonableness.

6. Any other facts supporting the justification.

Market research was conducted, and it was determined that Deloitte is the only vendor capable of meeting the required OFO capabilities and the most advantageous method for fulfilling the Government’s need. The program office completed a comprehensive analysis of strategic source solutions such as OASIS+, Alliant 2 and HCaTS all of which include Deloitte as a contract holder among other vendors. Based on current requirements, Deloitte is the only vendor capable of providing these capabilities. The future competition will allow other GWAC holders to participate once future requirements are defined.

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.

This contract action is intended as an interim measure to ensure continuity of mission-critical capabilities and leverage efficiencies. It is CBP’s intent to evaluate requirements and determine the best path forward to be able competitively solicit future requirements for the same type of support with the least amount of mission impact. We have explored OASIS+, Alliant 2 and HCaTS.

8. CBP intends to post this requirement on SAM.gov 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 Date

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 Date

*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 $750,000, 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:

11. COMPETITION ADVOCATE (Per FAR 16.505(b)(2)(ii)(C)(2) - Exceeding $750,000 to $15M)

Approved Disapproved

Name (Print): ________________________ Competition Advocate

Signature: ___________________________ Date: _____________

JUDITH SIMPSON

Accepted

Name (Print): ________________________