Redacted__JEFO_08.05_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. FY15-0261 Page 1 of 3

JEFO No.: FY15-0261

Date: August 5, 2015 PR Number: RNIM-15-00131

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), Office of Procurement Operations (OPO), National Protection & Programs Acquisition Division (NPPAD) prepared this justification for an

Exception to Fair Opportunity (JEFO). This action is on behalf of the Office of Biometric

Identity Management (OBIM).

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

DHS/OPO intends to modify task order HSHQDC-14-J-00342 to include additional work for

Freedom of Information Act (FOIA) support services without considering other sources pursuant to FAR 16.505(b)(2)(i)(C), logical follow-on. This task order was competitively awarded to

Dynamis Inc.

3. A description of the supplies or services required to meet the agency’s need.

OBIM requires FOIA support services to mitigate the existing Freedom of Information Act

(FOIA) request backlog that OBIM is currently experiencing.

he Freedom of Information Act of 1974 mandates that federal agencies respond to FOIA requests within 20 days of receipt.

for exception to fair opportunity and supporting rationale.

_________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.

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. FY15-0261 Page 2 of 3

_________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.

__X_____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.

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

Rationale:

All awardees were given a fair opportunity to be considered for the original order.

At the end of 8 months, OBIM will reassess if this current trend of increased FOIA requests is an anomaly or in fact, is the new steady state of FOIA requests volume for OBIM.

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

The Contracting Officer has determined that issuing the proposed modification under task order

HSHQDC-14-J-00342 represents the best value and will result in the lowest overall cost alternative considering price and administrative costs. Modifying the existing task order reduces administrative costs that would be incurred in an immediate re-procurement of the services and defrays the incurrence of additional costs resulting from the delay in addressing the current backlog. Further, the hourly rates for the additional services are currently established under the task order, which were originally competed and determined to be fair and reasonable.

6. Any other facts supporting the justification. Prior to issuing the modification the ordering activity will consider the level of effort.

No additional facts.