JEFO_for_SAM_Posting_Redacted.pdf

www.uscis.gov

Rev: 10/13/2023

(CISAM 3016.505-90(b)(4) -- Justification for Exception to Fair Opportunity.

Exceeding the Simplified Acquisition Threshold (SAT) pursuant to FAR 16.505(b)(2)(ii)(B))

Justification for Exception to Fair Opportunity, Exceeding the Simplified Acquisition Threshold, TASS++

REFERENCE: Justification Log Number: FY24-0149 and PR Number: FOD240029 & FOR240184

1. Agency and Contracting Activity.

The Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS), Office of Contracting, proposes to award a /task order on behalf of the Field Office Directorate, pursuant to Federal Acquisition Regulation (FAR) 16.505(b)(2)(B), Exceptions to the fair opportunity process.

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

The intent of this action is to award a Hybrid type task order under the exception to fair opportunity basis through the DHS Program Management, Administrative, Operations, and Technical Support Services (PACTS II). This requirement is to support the Field Operations Directorate (FOD) through the provision of a Senior SME Developer and a Senior Technical Specialist with emphasis on Communication and Change Management) in support of the current the current Technical Assistance Support Service (TASS) Task Order number 70SBUR23F00000006.

This order will have a total period of performance (PoP) of 17 months, with base POP of 9/15/2024- 9/14/2025 and an option period of 9/15/2025-2/10/2026.

The proposed Contractor is ITC Federal, LLC., 4114 Legato Rd, STE 850, Fairfax, VA 22033-4057.

3. Description of Supplies/Services.

Under this task order, ITC Federal shall provide a Senior SME Developer and a Senior Technical Specialist with an emphasis on Communication/Change Management who will work in tandem with ITC staff currently performing under Task Order 70SBUR23F00000006 by maintaining governance, identifying, and adopting best practices, modernizing, updating, and maintaining resource (human capital and financial) tools and databases. The Senior SME Developer and Senior Technical Specialist will provide services to meet the evolving requirements and automation of the Budget Management Tool (BMT) and Hiring Management Tool (HMT) in support of the expanded reporting and evolving resource management requirements. Additionally, the SME Developer and Senior Technical Specialist will assist in the development and sustainment of the enhanced BMT/HMT processing by ingesting Fast-hire Master data via Databricks and reconciling that data with what currently exists within HMT resulting in improved management or reporting data integrity. The Technical Specialist will assist with the development of SharePoint processes and edit

JEFO, Exceeding the SAT, TASS++ Justification Log Number: FY24-0149

SharePoint content such as websites, graphics, etc. (originated by the government). In addition to the BMT/HMT development, the SME Developer and Senior Technician will develop new TEAMS tools using automated apps and other applications to create databases and automated tools for managing data with reporting capabilities.

The anticipated dollar amount of this proposed action is for a base year and one option period. The base year performance period will be from 9/15/24-9/14/25. PoP of the option period will be 9/15/25-2/10/26.

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:

ITC Federal is the contractor for the current Technical Assistance Support Services (70SBUR22F00000006) contract. Under this contract, ITC Federal is responsible for developing the Budget Management Tool (BMT) /Hiring Management Tool (HMT) software for the USCIS Field Operating Directorate. The development of this software involves proprietary information and coding that have been developed by ITC Federal for a number of years in support of the management tools. The BMT/HMT software currently resides in ITC’s IT infrastructure which includes codes, sensitive information, PII, budgetary and position data. In order to maintain the integrity and confidentiality of information and access to proprietary information and ITC’s IT infrastructure, this procurement shall be awarded to ITC Federal.

Additionally moving forward with ITC Federal would save time required for training, task assignments, familiarization of process, and so forth between ITC Federal and a different Contractor.

The time and cost associated with increased code review when adding a non-ITC staff to ensure no parallel coding is created and consistency in SharePoint processes and use of automated apps in the creation of reporting capabilities would also be avoided.

ITC Federal, LLC would be able to quickly recruit a qualified senior (SME) Developer and Senior Technical Specialist candidates from within their corporate staff which would promote efficiency and support the familiar style of the company, language, and cultural boundaries, consistent understanding of requirements/needs, more attention to fine details, and continued motivation to achieve optimum results and strive for the best product. The qualified candidates would be able to quickly support ITC’s intimate understanding of the BMT/HMT business rules and FOD ECN governance and ITC proprietary coding and security and SharePoint automated apps in reporting capabilities. Below is a list of advantages and disadvantages of contracting with ITC Federal staff versus a non-ITC contractor.

ITC Federal Senior Technical Specialist Non-ITC Federal Senior Technical Specialist Continuity of communication development and change management

Lack of continuity

Quick recruiting – ITC has complete understanding of the skill set required to complete the requirements/needs

Delayed recruiting – due to unfamiliarity of the actual skill set required

Support familiar style of the company, no language, or cultural boundaries

Weeks to months to learn the USCIS governance, automated apps, language and cultural style

Immediate understanding of business rules Weeks to months to learn the USCIS SharePoint/ECN business rules

Loss of productivity – an ITC team member would be required to train up the non-ITC Senior Technical Specialist and an ITC Team member would be required to spend time reviewing business rules and governance to ensure consistency (risk of schedule slip)

Loss of productivity – Senior Technical Specialist would need to be trained up by an ITC employee which would have an impact on the schedule

Currently has a PM on staff that continuously communicates the vision with clarity, assigns tasks, provides status updates, runs interference to help the team overcome obstacles – reducing communication required and the refinement of product concept.

Would require additional communication, such as meetings and more discussion on the concept of product refinement.

ITC Federal Senior (SME) Developer Non-ITC Federal Senior (SME) Developer

Continuity of proprietary code infrastructure and development

Lack of continuity and safeguard of ITC Federal’s proprietary code

Quick recruiting – ITC has complete understanding of the skill set required to complete the requirements/needs

Delayed recruiting – due to unfamiliarity of the actual skill set required

Support familiar style of the company, no language, or cultural boundaries

Months to learn the language and cultural style;

and the ITC Coding style

Immediate understanding of business rules Months to learn the BMT/HMT business rules Loss of productivity – an ITC team member would be required to train up the non-ITC Senior (SME) Developer and an ITC Team member would be required to spend time reviewing code to ensure consistency (risk of schedule slip)

Loss of productivity – Senior (SME) Developer would need to be trained up by an ITC employee which would have an impact on the schedule

Reduce waiting times due to inter dependencies Would most likely create wait times for ITC due to inter dependencies

Currently has a PM on staff that continuously communicates the vision with clarity, assigns tasks, provides status updates, runs interference to help the team overcome obstacles – reducing communication required and the refinement of product concept.

Would require additional communication, such as meetings and more discussion on the concept of product refinement.

Proprietary Information – Specialized coding created by ITC and sharing access to ITC system could jeopardize future competition, confidentiality, and risk of security.

Risk of security, confidentiality, and future competitiveness of ITC because of accessing ITC’s specialized coding (proprietary information).

Market research indicates that there are qualified sources in the commercial market who can perform the similar services. However, as stated above there are no contractors have the ability and the extensive operational knowledge of TASS to transition in a matter in a very short time to meet the project’s demand and deliverables ,

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

This proposed action will be procured through the DHS IDIQ PACTS II, Functional Category I, Program Management and Technical Services suite. This contract vehicle has established rates, and prices based on pre-selected/negotiated labor categories with qualifications. These rates and prices were determined fair and reasonable based competitive proposals received in response to the IDIQ solicitation. ITC Federal will follow the pricing schedule of the IDIQ but will be able to provide discounted rates as optional rates. As such, the contracting officer determines that the anticipated price(s) will be fair and reasonable. The Task Order RFQ will state the anticipated hours and labor categories for this requirement. The vendor will propose fixed rates applicable for the hours and labor categories.

6. Any other facts supporting the justification.

There are no additional facts.

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 Government anticipates that once the BMT/HMT automation is completed under the resulting order and current TASS Order (70SBUR23F0000006), there is no anticipation of issues to proprietary information for future TASS procurements. As such, the Government intends to procure upcoming TASS requirements without restriction competition, allowing other PACTS II vendors to participate in the solicitation.

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