JEFO_FY_16-0218_Final.pdf

OPOAM 3016.505-90(a)(2)(ii) Justification for Exception to Fair Opportunity

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

JEFO No.: FY16-0218 - 1 -

JEFO No.: FY16-0218

Date: ___6/13/16_____ PR Number: _______RSEN-16-00183_____

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), Science and Technology Directorate (S&T), Explosives Division (EXD) prepared this justification for an exception to Fair Opportunity.

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

The DHS Office of Procurement Operations (OPO) intends to modify task order HSHQDC-14-J- 00298 without considering other awardees under contract number HSHQDC-13-D-00038 pursuant to FAR 16.505(b)(2)(ii)(B).

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

Currently Noblis provides 20 FTEs of support to EXD. Noblis currently provides SETA support to the Explosives Division (EXD) which includes a general knowledge in the broad areas of U.S.

aviation, checkpoint security, and explosives detection. EXD’s program managers (PMs) conduct research, development, test and evaluation in support of the DHS Component’s priority mission areas. EXD PMs require SETA support to manage their portfolio of projects. This support includes technical project management, project planning and oversight, technical evaluation, project analysis, risk mitigation, technical writing, preparation of briefings, test and evaluation support, data management, financial and other technical support for current, potential, and proposed EXD research and development projects. EXD requires this support to conduct its research projects more effectively and efficiently, and to facilitate delivery of new capabilities and successful technology transfer to DHS operational components and federal, state, and local law enforcement organizations.

EXD recently expanded to include Government personnel from the former Resilient Systems Division (RSD) when RSD was disbanded. Noblis provided SETA support to RSD and when RSD was disbanded, the work being performed under the RSD task order was split across several divisions, including EXD. Accordingly, EXD plans to move work that was being performed under the RSD Task order under the EXD task order where it is more appropriate. This justification obtains authority to increase the ceiling for this additional SETA support under HSHQDC-14-J-00298 Option Period 2. This will provide additional SETA support to EXD’s Apex: Screening at Speed (SaS) program. This program’s mission includes strengthening transportation security via a holistic “curb to gate” approach of layered safeguards, and will

JEFO No.: FY16-0218 - 2 -require a diverse array of technologies to succeed. SaS combines and expands upon the missions of EXD’s former Integrated Passenger Screening System and Next-Generation Checkpoint programs, and is presently EXD’s largest program.

The Task Order’s Period of Performance will be unchanged from its original duration, spanning three years from 07/10/2014 to 07/09/2017 as follows:

Base Period: July 10, 2014 – July 9, 2015 Option Period 1: July 10, 2015 – July 9, 2016 Option Period 2: July 10, 2016-July 9, 2017

The IGCE for the proposed modification is an increase of $1,499,063 to Option Period 2. This modification will also include a reduction of $92,400 to Option Period 1, resulting in a net change of $1,406,663. This increases the value of this Task Order by $1,406,663 from $10,354,480 to $11,761,143.

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: In order to increase the current level and maintain the current quality of SETA services for the Apex SaS program and EXD overall, the Government needs to add additional support to this task order. The SETA services in support of EXD are critical to EXD’s ability to perform its mission and therefore the quality of services must be maintained. Only the incumbent, Noblis, has the institutional knowledge, subject matter expertise, and specialized skill and ability to continue to provide the level of quality needed right now without a break in critical services. Apex SaS is one of the Undersecretary of S&T’s highest priorities. This modification will allow the Government to ensure that the appropriate level and quality of support is provided to the Apex SaS program.

The Contracting Officer’s Representative performed market research and determined that the combination of technical expertise, proficiency with DHS S&T’s financial and programmatic requirements, and cost structure that Noblis can provide is the sole option available to support SaS in the manner required. This work is intertwined with work already being performed under HSHQDC-14-J-00298 and separating it into a separate requirement would lead to increased costs and duplication of effort. The entire requirement will be recompeted when this task order expires.

JEFO No.: FY16-0218 - 3 -

Both the contractor’s unique qualifications and the nature of this acquisition justify the proposed action. The team already assists with various EXD functions such as the development of EXD’s BAAs, Interagency Agreements, international collaborations, Test and Evaluation sponsorship, program management, and other complex activities among an extremely diverse group of stakeholders. S&T’s prioritization of Apex SaS demands rapid initiation and execution of a large program, and Noblis has personnel available who already have the necessary specialized backgrounds and security clearances to rapidly staff these new roles. Several available team members provide ongoing support to related S&T programs, including those focused on canine operations, mass transit security, and human factors in security screening. This “ready on day one” continuity that Noblis can provide is not available from other vendors within the timeframe required by EXD.

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 prices will be fair and reasonable based upon a price analysis of the task order modification proposal. The Contracting Officer will not require submission of certified cost or pricing data because the Contracting Officer anticipates that price analysis will demonstrate that the proposed price is reasonable in comparison with recent prices for the same or similar items. Additionally, the Contracting Officer anticipates that an analysis of other than certified cost or pricing data will confirm that the pricing for the labor category being added to this task order is fair and reasonable.

Accordingly, this meets the adequate price competition exception for certified cost or pricing in FAR 15.403-1(c)(1)(iii) and a certificate of current cost or pricing data will not be required.

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 EXD awarded HSHQDC-14-J-00298 as a competitive task order under the SETA II IDIQ. The additional work on this JEFO will be added to HSHQDC-14-J- 00298 and will not extend the period of performance. At the end of the period of performance, DHS intends to award the successor task order under a competitive process which 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).