JEFO - SAM version.pdf

OFFICE OF ACQUISITION MANAGEMENT

ICE Acquisition Manual 3016.505-90

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

EXCEEDING SAT: FAR 16.505(b)(2)(ii)(B)

J&A-24-0396

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE), Office of Acquisition Management (OAQ), prepared this justification for an exception to fair opportunity on behalf of the Office of Human Capital (OHC).

2. Nature and/or description of the item/service being procured and anticipated cost:

(a) Type of action: Firm-fixed price contract modification

(b) Amount the current J&A is justifying: $700,000

(c) Brief Description: OAQ intends to procure, on a sole source basis, competency gap analysis of the current GS-14 and GS-15 supervisors in non-law enforcement series to identify strengths and weaknesses against the Senior Executive Services (SES) Executive Core Qualifications (ECQs). This will be accomplished through developing and conducting a competency analysis using their proprietary assessment.

Dynamis, Inc.

3130 Fairview Park Drive, Suite 300 Falls Church, VA 22042-4578

3. Description of Supplies/Services.

This requirement provides supplemental support during the final year of services focused on the non-law enforcement supervisor cadre at ICE at an estimated total cost of $700,000.

These services are required to facilitate the development and conducting of the competency assessment to address the succession planning of the agency.

Period Time Value Base 12 mos. $1,714,307.55 Option Year 1 12 mos. $2,064,245.59 Option Year 2 12 mos. $2,034,746.34 Option Year 3 12 mos. $2,068,807.73 Option Year 4 12 mos. $2,111,069.71 Current J&A No additional time $ 700,000.00

TOTAL $10,693,176.92

4. Statutory Exception and rationale for its use:

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

Exception:

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.

FAR 16.505(b)(2)(i)(C). The order must be issued 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.

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

Rationale:

This task order we are adding the work to was originally competed against theGSA Human Capital and Training Solutions (HCaTS) vendors in 2021. An increase to this requirement’s work is necessary as the agency identified mission critical tasks that must be completed for the requirement’s secondary goal to be accomplished successfully. These tasks are sub-items within PWS Section 3 that must be done by Dynamis as this company is the only one with the institutional knowledge, cleared staff, and access to the program implementation and executive index deliverables and data necessary to ensure successful task completion. The needed work also supports the DHS Secretary’s Organizational Advancement Priority #2 to “hire and retain a world-class, diverse workforce to create an inclusive, representative, and trusted department.” Issuing a new solicitation and seeking a new awardee is infeasible as the knowledge learned during the gap analysis for the 1801 and 1811 positions will inform the creation of questionnaires to conduct the gap analysis for the non-law enforcement officer roles leading to efficiencies that will save ICE substantial time and money as it works to develop a comprehensive Succession Plan, especially as it relates to the needed talent pipeline.

No other vendors have been part of the competency development and gap analysis work completed by Dynamis to date, which is especially important due to the lead time required to conduct previously completed interviews and contribute to the development of the data repository identified as PWS Section 3.4 which supports PWS Section 3.5.

Although there are mission critical tasks that must be done at this time, completion of this work by Dynamis will allow for establishment of baselines (as part of the larger data

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

repository and Succession Plan) that may be transferred to other vendors in the future. This will allow for robust competition at that time.

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 price(s) will be fair and reasonable based on historical actuals used on the GSA HCaTS IDIQ contract and this task order to date.

The current task order which was competitively awarded and the additional tasks are commensurate with the pricing on the HCaTS contract. All of the rates existing on this task order were previously determined to be fair and reasonable by the Contracting Officer. The Contracting Officer is also requesting additional discounts to these rates for this additional work. Therefore, the current pricing is determined to be fair and reasonable.

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.

This modification is covering the Government’s requirement until this option ends on 09/16/2025. The task order ends on 09/16/2026. The Government will solicit a competitive requirement after that date as all options on the contract will have been expended. The follow-on SES Succession Planning effort will need market research and an acquisition strategy for this new competition. The Government will also evaluate this work being added at the time of the next competition to determine whether it should continue to be included as a requirement or as an optional task.

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