JEFO Redacted.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 November 2020

Date: 9/23/2022 PR Number: 20134528

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, Customs and Border Protection, Office of Acquisition, prepared this justification for an exception to fair opportunity on behalf of the Office of the Chief Medical Officer (OCMO), for Professional and Medical Consultation Support Services.

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

CBP intends to award a directed 8a task order without considering other awardees under the GSA One Acquisition Solution for Integrated Services (OASIS) Indefinite Delivery Indefinite Quantity (IDIQ) contract number 47QRAD20D8173, under 8a Sub Pool 1, pursuant, pursuant to FAR 16.505(b)(2)(i)(E) and has prepared this JEFO in accordance with FAR 16.505(b)(2)(ii)(B). Award will be made to:

4S - Silversword Software and Services, LLC

5520 Research Park Drive Suite 100 Baltimore, Maryland 21228-4851

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

The requirement is to provide Professional and Medical Consultation Support Services at a total cost of , including a 12-month base period and one (1) 12-month option period.

Performance Period Performance Period Dates

Amount

Base Period 09/30/2022-09/29/2023 Option Period 1 09/30/2023- 09/29/2024 Total Value Including the Option Period

4S - Silversword Software and Services, LLC shall provide subject matter expertise and consulting services in support of CBP’s Chief Medical Officer’s (CMO) medical support efforts and consult on medical direction and guidance in direct support of the US Border Patrol office (USBP).

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

Version 2.0 November 2020

The contractor shall provide support CMO in providing medical direction for USBP medical operations, including Emergency Medical Services, tactical medicine, contingency response, public health/infectious disease efforts, and medical support for persons in custody.

The contractor shall support and assist the occupational medicine section supporting the CMO.

4S - Silversword Software and Services, LLC shall assist CMO in advising on the development, implementation, and oversight of CBP-wide occupational medicine policy and guidance and provide technical and programmatic support to the CBP Senior Occupational Medicine Officer and the Occupational Medicine program supporting the CMO.

4S - Silversword Software and Services, LLC shall support and assist the operational medicine section supporting the CBP CMO with expert advisory support services for the medical direction of CBP operational medicine efforts. 4S - Silversword Software and Services, LLC shall also assist with the Local Physician Advisor (if applicable) for the assigned region. In addition, the contractor shall provide expert guidance in support of CMO in their direction to CBP’s organic Emergency Medical Services (EMS) personnel and regional leadership on various topics such as training, equipment, reporting requirements, protocol adherence, policy compliance, and coordination with local medical/health systems, as appropriate.

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)(A). The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

_________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. [The justification must demonstrate that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the exception cited. If you are preparing a brand name justification, see the requirements at FAR 16.505(a)(4)(i) and (ii) and explain rationale for brand name if an item is peculiar to one manufacturer.]

_________FAR 16.505(b)(2)(i)(C). The order must be issue on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order. [For logical follow-on, the rationale shall describe why the relationship between the initial order and the follow-on is logical (e.g., in terms of scope, period of performance, or value).]

_________FAR 16.505(b)(2)(i)(D). It is necessary to place an order to satisfy a minimum guarantee.

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

Version 2.0 November 2020

_X___FAR 16.505(b)(2)(i)(E). For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source.

Rationale:

CBP will award in accordance with FAR 19.800 (a). Section 8(a) of the Small Business Act (15 U.S.C.637(a)) established a program that authorizes the Small Business Administration (SBA) to enter into all types of contracts with other agencies and award subcontracts for performing those contracts to firms eligible for program participation.

In accordance with the OASIS ordering guide, CBP extended an offering letter to the Small Business Administration (SBA) for this requirement, and it was accepted on September 19, 2022, under SBA Acceptance Number SG1663618457O.

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

The Contracting Officer determines that the anticipated costs to the Government will be fair and reasonable based on established OASIS pricing, comparison with historical pricing to CBP and other Government agencies that use these Professional and Medical Consulting Services, and any available discounts offered by the contractor at the request of the CO.

6. Any other facts supporting the justification.

N/A

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.

CBP will continue to perform market research to identify future opportunities for fair opportunity for future requirements under OASIS.

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

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

Version 2.0 November 2020

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).

11. Chief Counsel Review (Per HSAM 3006.304-70 – Above the SAT)

Signature____ Reviewed by CBP OCC ___ __09/22 /2022___ Date

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

Approved Disapproved

Name (Print): ________________________ Competition Advocate

Signature: _ _ Date: _____________

EGG33KE

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