JEFO OBP Strat and Comms Support Services_Redacted.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.: FY24-00216 Rev. 6/2021 - 1 -

JEFO No.: FY24-00216

Date: 07/12/2024 PR Number: PCIS-24-00047

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), Cybersecurity and Infrastructure Security Agency (CISA) Chief of the Contracting Office (COCO) proposes to award a task order under the General Service Administration’s (GSA) One Acquisition Solution for Integrated Services (OASIS) pursuant to FAR 16.505(b)(2)(i)(B).

2. Nature and/or description of the action.

While a competitive effort is underway, DHS/CISA COCO intends to limit the number of sources solicited pursuant to FAR 16.505(b)(2)(i)(B) for a six (6) month bridge task order in order to continue Counter-Improvised Explosive Device (C-IED) Strategy & Communications Support Services:

Deloitte Consulting, LLP (Deloitte) 1919 N. Lynn Street, Suite 800 Arlington, VA 22209-1742 OASIS Contract #: GS00Q14OADU113

3. A description of the services.

In support of its mission, DHS CISA Infrastructure Security Division (ISD) Office of Bombing Prevention (OBP) requires contractor support to continue C-IED Strategy & Communications Support Services in order to effectively promote awareness of the domestic threat posed by IEDs and the value of OBP programs and services in protecting against this threat to various stakeholders. Current support ends on July 21, 2024, and a break in service would result in a severe mission execution impact to ISD OBP.

The total estimated value of the time and materials task order for a period of performance of six (6) months from July 22, 2024 through January 21, 2025, comprised of one two (2) month base period from July 22, 2024 – September 21, 2024 and one four (4) month Option period from September 22, 2024 – January 21, 2025.

4. Exception to fair opportunity and rationale:

X 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.

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Rationale:

The current award is a follow-on order to a competitively solicited and awarded Multiple Award BPA 70RNPP18A00000005/70RCSA21FC0000014 using the ordering procedures at FAR

8.405. This temporary short term bridge contract will allow additional procurement acquisition lead time (PALT) for the recompete replacement contract.

The effort to competitively award a recompete contract has been actively underway since October 2023, and based upon the action’s milestone plan, CISA extended the original call order’s end date from January 22, 2024 to July 21, 2024 pursuant to FAR 52.217-8 Option to Extend Services. This extension was required to support the completion of the recompete and allow for transition time between contractors.

There were no further options or extensions available on the BPA or call order, and the underlying ordering period for the Multiple Award BPA had ended. As such, no additional BPA orders could be awarded or competed against that vehicle.

Therefore, a bridge contract is required utilizing the current incumbent’s underlying OASIS contract. As a result, an order will be issued against GSA OASIS contract number GS00Q14OADU113. This order will be a six (6) month bridge to continue the C-IED Strategy and Communications Support Services while CISA COCO and ISD/OBP defines, solicits, negotiates, and awards a competitive task order.

During the Continuing Resolution (CR) that occurred in the first half of FY24, OBP C-IED Strategy & Communications Support Services was faced with limitations and uncertainty surrounding funding appropriations, which posed significant challenges with entering into a new competitive contract. Extending the current order through an additional six (6) month bridge is necessary to provide adequate time for this requirements’ competitive solicitation and evaluation. This bridge is essential to ensure continuation of essential OBP operations, and continuity of critical OBP mission support. At this time, Deloitte is the incumbent vendor and is the only vendor capable of continuing the OBP support services during a short-term bridge task order leveraging an existing GSA contract. Deloitte is currently supporting OBP and are cleared on the current order. Deloitte has current C-IED Subject Matter Expert (SME) highly specialized experience cleared personnel with the requisite knowledge to support the efforts for this contract within the immediate and short time period for this Bridge contract. The time it takes a vendor to recruit and hire C-IED SME personnel who are in short supply as a general matter, would take longer than the available time for service support. C-IED SMEs are in high demand for their expertise overseas and stateside and are difficult to recruit and hire as a result. Accordingly, Deloitte as the incumbent contract holder with personnel already cleared, in-place and performing as the incumbent contractor, is the only vendor capable of providing these specialized services at this immediate time and during the short time period for this bridge contract, ensuring that there would likely be no loss of service.

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

JEFO No.: FY24-00216 Rev. 6/2021 - 3 -

The contracting officer has determined that issuing the proposed Task Order to Deloitte for a short-term bridge of the C-IED Strategy & Communications Support Services represents the best value and will result in the lowest overall cost, considering price and administrative costs, to meet the Government’s needs.

Prior to issuance of the task order, the Government will consider the level of effort and the mix of labor proposed to perform the specific task being ordered in order to determine that the total price is fair and reasonable. The contractor’s labor mix and level of effort will also be compared to the Independent Government Cost Estimate (IGCE).

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.

The effort to competitively award a recompete contract has been actively underway since October 2023. The competitive follow-on effort is in progress and the solicitation was released on June 25, 2024, with an anticipated award in January 2025, which will allow adequate time for transition between Deloitte and the successful offeror.

8. DHS 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