LBI_Bridge_JEFO.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)

Rev. 2/5/2015 - 1 -

Date: 9/20/2016

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP), Information Technology Contracting Dvision (ITCD) prepared this Justification for an Exception to Fair Opportunity (JEFO).

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

CBP intends to award a hybrid (firm, fixed-price and time-and- materials) task order without considering other sources under the DHS Enterprise Acquisition Gateway for Leading Edge (EAGLE) II Contract, Functional Category (FC) 1- Service Delivery – Integration, Software Design/Development, Operation and Maintenance pursuant to FAR 16.505(b)(2)(ii)(B). This Exception to Fair Opportunity Justification with the existing vendor, Unisys Corporation (Unisys) is aimed at ensuring continuity of critical operations and maintenance services and allowing for transition of services to the new ITI contractor once the follow-on competitive award is made.

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

This requirement meets the agency’s need by supplying CBP with operations and maintenance of existing LBI systems which serve to automate the processes for screening travelers and vehicles entering and leaving the country via CBP Ports of Entry (POE) or transiting through USBP checkpoints.

The contractor shall provide technical, engineering and management services to operate and maintain the critical LBI solution infrastructure deployed to land, air, and sea crossings and at Border Patrol checkpoints throughout the United States. These services include (but are not limited to) corrective and preventative maintenance, managing and implementing maintenance schedules, maintenance reporting, maintenance help desk support, spare products inventory management, warranty management, maintenance data management, and testing facilitation in separate contractor managed indoor and outdoor facilities .

This task order to Unisys is to sustain and transition operations for a base period of six (6) months with seven (7) one (1) month options for a total potential performance period of 13 months. Estimated value of the base period is $11.3 million, each one month option has an estimated value of $1.9 million, and the total value of this task order is $24.5 million.

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

Rev. 2/5/2015

- 2 -

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.

____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.

_________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.

_________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 or requires that the purchase be made from a specified source.

Rationale:

Unisys is currently providing the aforementioned services under its DHS EAGLE II Contract HSHQDC-14-D-E2013, task order HSBP1015J00788, which is set to expire on September 25, 2016. CBP began developing the procurement strategy for the the follow-on ITI requirement early in Fiscal Year (FY) 2016. A multi-phased, streamlined acquisition process utilizing DHS EAGLE II was initiated in February 2016. The ITI requirement is currently projected to be awarded by September 30, 2016. Due to the complexities and size of the deployed LBI solution and its follow-on ITI iteration, a minimum six-month transition is required.

Unisys is uniquely situated and capable of continuing services upon the expiration of the current contract on September 25, 2016. Unisys, as the incumbent contractor, possesses the immediate capacity to support, as well as a comprehensive understanding of, the project and systems.

Unisys also already has the background-cleared and skilled personnel in place to provide these services without any transitioning. A competitive procurement for the immediate LBI services would result in unacceptable risks to the Government, including delays in performance, and increased costs. In addition, establishing test facilities with LBI Dashboard capability requires extensive effort, investement, and real-time connectivity with the CBP network. The current task order’s period of performance does not allow for an adequate transition period. This action is necessary to prevent an unacceptable break in critical services and to facilitate an orderly transition of the LBI services to the new ITI contractor.

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

Rev. 2/5/2015 - 3 -

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

Prior to award, the Contracting Officer will evaluate the level of effort and required labor categories, material and services stated and defined in the contractor’s proposal as it relates to the Statement of Work to determine the total price to be fair and reasonable in accordance with Unisys’s EAGLE II Contract HSHQDC-14-D-E2013. In addition, historical labor and material rates from WHTI and LBI task orders will be used in the price analysis.

6. Any other facts supporting the justification.

The proposed task order will allow for the effective transition from the legacy LBI task order to the ITI competitive task order. Should the Government not award the task order to Unisys, the critical support services, as well as the orderly transition of those services, (described more fully in Section 3 of this document and below) would not be possible. Unisys is the only source in a position to provide continued, uninterrupted service during a transition period.

Additional Supporting Facts:

Without a properly managed transition period that avoids a lapse of service, CBP may not be able to meet Congressional mandates and comply with federal laws and regulations, directives, or policies.

LBI equipment is vastly dispersed at ports of entry and Border Patrol checkpoints throughout the United States, including Alaska and in Puerto Rico. This equipment is essential to the accurate and timely processing of passengers and vehicles in and out of the United States. These extensive geographic challenges require the contractor to devote considerable time to onboarding appropriate personnel, as well as to asset management planning. Due to the aforementioned time constraints, Unisys is uniquely capable to continue providing these services during an effective transition timeframe.

As required by both the legacy LBI task order and the incoming ITI task order, establishing an Outside Test Lane Faciliy (OTLF) and Contractor Test Lane Facility (CTLF) with LBI Dashboard capability requires extensive effort, investment and real-time connectivity with the CBP network. CTLF and OTLF require the contractor to seek the acquisition or leasing arrangements of real property, including indoor and outdoor spaces suitable for appropriate testing. The nature of seeking and possessing such real property requires extensive time and resources and is not feasible in a condensed timeframe.

The process to provide the LBI network connectivity includes creation and approval of a Memorandum of Understanding, Interconnection Security Agreement, security facility audits, network circuit installation, and other tasks. It would take another contractor a minimum of six months, to establish the necessary network connection via this lengthy, Exceeding the SAT pursuant to FAR 16.505(b)(2)(ii)(B)

Rev. 2/5/2015 - 4 -detailed process. This would cause an unacceptable delay in performance of the required contract tasks in a period of transition from Unisys to new vendor.

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 JEFO is to allow for Unisys to provide an effective transition and operational sustainment of the LBI services until the next task order is awarded and the incoming contractor is capable of a stand-alone capacity. The planned follow-on ITI requirement is currently being sought in a competitive environment through the pursuit of a new DHS EAGLE II task order and is expected to be awarded by September 30, 2016.

8. DHS/CBP intends to post this JEFO on FedBizOpps pursuant to FAR 16.505(b)(2)(ii)(D).

LBI Bridge JEFO 9 20 HCA Revisions

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