JEFO_OneNet.pdf

Justification for Exception to Fair Opportunity

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

JEFO No.: FY19-0261 - 1 -

JEFO No.: FY19-0261

Date: 5/9/2019_______ PR Number: RUIO-19-ES109____________

1. The Department of Homeland Security (DHS), Office of Procurement Operations(OPO), Information Technology Acquisition Center (ITAC) prepared this justification as an exception to fair opportunity.

2. DHS/OPO intends to award a task order without considering other awardees under the

Enterprise Acquisition Gateway Leading Edge Solutions (EAGLE) II for contract number

HSHQDC-13-D-E2018 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):

The DHS Office of the Chief Information Officer (OCIO), Information Technology Services

Office (ITSO) Enterprise Services Division (ESD) has an immediate need to acquire continued Program and Project Management Contractor Support Services in an uninterrupted manner. Currently, the required Program and Project Management Services are being provided by EAGLE II contract HSHQDC-13-D-E2018 task order 70RTAC18FR0000023.

Pending award of the planned re-compete acquisition for integrated support services for the

OneNet operations (“OneNet Consolidated Acquisition”), interim bridge services lasting 30 days are required to continue the planning, control, and monitoring of projects and tasks required to sustain DHS network operations. This support requires a unique knowledge and skilled application of established and timely-executed processes for current and near-term

DHS OneNet activities. Currently, there are approximately fourteen (14) full-time-equivalent staff (FTEs) delivering the specialized technical skills and levels of effort necessary for

OneNet program/project planning and management support activities. Services are primarily provided on-site at DHS facilities and include program and project management support for:

Network migrations to the OneNet network

Approved changes and upgrades to the OneNet network

Patches and software upgrades that affect the OneNet network

One (1) month of interim program and project management bridge support services are required at a total value of approximately $288,109.69.

4. The Exception to Fair Opportunity is justified under 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.” These services being

JEFO No.: FY19-0261 - 2 -provided by eGlobal Tech are mission critical, and only the incumbent can properly provide for continuity of services at a sufficient level to meet mission requirements for network performance. If a new task order was competed and awarded, there would be a learning curve with the new contractor during which service degradation would impede mission critical operations .

Rationale:

Due to unforeseen priorities within the OCIO, the anticipated competitive award of the re-compete task order has been delayed until the 3rd Quarter of FY2019. An acquisition package for the re-compete competition, to include all required acquisition planning and solicitation documentation, was initially prepared and submitted for approval in April 2017 with a target award date of September 30, 2017. In May 2017, DHS OCIO leadership initated a comprehensive review of spending and program priorities which resulted placing some

ITSO projects on hold, including the planned re-compete consolidated acquisition. Once the review was completed, there was insufficient time to properly compete and award the re-compete consolidated requirement prior to the expirations of the existing task orders.

Necessary actions have since been taken to extend existing DHS OneNet support service task orders through available contractual options.

Currently, the required Program and Project Management Contractor Support Services are being provided by eGlobal Tech Inc. via a task order 70RTAC18FR0000023 under the DHS

EAGLE II contract HSHQDC-13-D-E2018 for the interim period until the award of the consolidated acquisition. The task order for ongoing services is required due to another delay of the award of the coslidated acquisition contract. Market research was conducted to determine which vehicles can appropriately meet the program management support requirement. The following vehicles were reviewed: DHS EAGLE II FC2 Small Business, GSA MOBIS Small Business, and GSA Information Technology(IT) 70. Based on the review, EAGLE II FC2 Small business was determined to best meet this requirement. In accordance with DHS Management Directive 060-01, DHS Strategically Sourced vehicles are mandatory for use. Market research revealed that the incumbent, eGlobal Tech, Inc., is among 15 small business awardees on the DHS strategically sourced EAGLE II Indefinite

Delivery / Indefinite Quantity (IDIQ) contract vehicle (Functional Category (FC) 2, “Information Technology Program Support Services”). Market research of awardees’ capabilities indicated that, while a number appeared capable of providing the required program and project management services, only the incumbent, eGlobal Tech, Inc., is capable of continuing to deliver the highly specialized and unique OneNet services within the required timeframe and provide continued support until the new task order is awarded. Fair opportunity awards typically required 90-180 days to execute. Awardees may require 30-90 days for transitioning-in, to include onboarding and training of staff to establish the necessary skills. The risk of delays associated with a fair opportunity acquisition and post award transition for the highly specialized and unique OneNet services is unacceptable for the DHS

OneNet mission needs.

JEFO No.: FY19-0261 - 3 -

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

DHS has significant historical knowledge of the costs and prices associated with performing the required effort. The labor rates under the incumbent’s EAGLE II contract HSHQDC-13-

D-E2018 task order 70RTAC18FR0000023 have been determined to be fair and reasonable based on the full and open competition of the IDIQ contracts in 2013. The EAGLE II task order prices, based on labor rates, labor categories, and estimated levels of effort will be further negotiated and determined to be fair and reasonable by the Contracting Officer prior to award. In addition, it is the intent of the Contracting Officer to negotiate fair and reasonable prices and request additional discounts.

6. Any other facts supporting the justification:

The current OneNet Program and Project Management function supports the entire OneNet

Program (Architecture, Engineering, Engineering Operations, and the EOC) and consists of

NOC analysts, Engineering and Architecture analysts enabling connectivity and information sharing among DHS Headquarters, Components, and mission operations. The Program is currently orchestrating a transition of network provider services from the General Services

Administration’s (GSA) Networx contract to the recently awarded GSA EIS contract. Any lapse in contractual coverage for the OneNet Program and Project Management contractor support services could result in a serious loss of support for the OneNet operation which is critical to the DHS mission.

The interim bridge award is planned to provide a base period of one (1) month of service from June 1, 2019 through June 30, 2019. The competitive award of the OneNet

Consolidated Acquisition is anticipated to be completed for award in May 2019.

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 OneNet Program recently conducted a schedule impact risk analysis and determined that this interim bridge award is the only alternative to avoid unacceptable risks to the OneNet operational capability. Future applications of such risk analyses will be helpful in avoiding schedule delays that led to this exception. The OneNet Program Office is simultaneously preparing for the re-compete OneNet Consolidated Acquision and has already developed draft acquisition artifacts, including a draft Statement of Work (SOW). This re-compete acquisition will be awarded under a fair opportunity competition to EAGLE II small business contractors. An industry day for EAGLE II vendors was held on November 20, 2017. An original award date of June 2018 was delayed. The new anticipated award date is May 2019.

JEFO No.: FY19-0261 - 4 -

8. DHS intends to post this requirement on FedBizOpps 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.

5/22/2019

X Stanley R. Robinson

Technical Representative/COR

Signed by: People

10. 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