LSJ _ ERO OM Bridge Extension_Final P00002 - (1).pdf

OFFICE OF ACQUISITION MANAGEMENT

ICE Acquisition Manual 3006.301-90

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. 3304

J&A-22-0059

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) in accordance with the requirements of FAR 6.303-1. The justification for the use of the statutory authority under FAR Subpart 6.3 is based on the following facts and rationale required under FAR 6.303-2 as follows:

1. Agency and Contracting Activity.

The Department of Homeland Security, U.S. Immigration and Customs Enforcement (ICE), Office of Acquisition Management (OAQ) proposes a to enter into a sole source contract on behalf of the Office of the Chief Information Officer (OCIO) and Enforcement, Removals, and Operations Division (ERO).

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

(a) Type of action: Time & Materials (T&M) modification of contract

#70CTD022C00000002.

(b) Estimated dollar value of current action: $1,876,500.90

(c) Brief Description:

OAQ intends to procure, on a sole source basis, IT services from the vendor listed below:

Dev Technology Group Inc.

11480 Commerce Park Drive, Suite 400 Reston, VA 20191

3. Description of Supplies/Services.

This requirement is for two months of transition services beyond the end of the current POP ending (date) at an estimated price of $1,876,500.90. These services are required to realign transition-out activities from the current contractor DevTech with transition-in activities of the newly awarded contractor Harmonia Holdings.

The transition activities are of various law enforcement systems that support ICE’s mission of investigation, arrest, detention, and removal of aliens who violate the nation’s federal laws related to border control, customs, trade, and immigration. These enforcement systems include Solution Integration, Booking & Identity Management, Case Management, Logistics & Bonds Management, Data Management, and Special Projects.

Transition-out support for operations & maintenance services will be at 60% resource capacity and transition-out support for Southwest border operations will operate at the current resource capacity. The Government will work with the incumbent and newly awarded vendors to ensure a successful transition. The transition plan will be managed within a Microsoft Teams channel. This will allow milestones and tasks to be centrally created, managed, and tracked

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

while ensuring transparency at all levels for Dev Technology, Harmonia Holdings, and the U.S. Government.

The original period of performance for the bridge contract was for three months (December 1, 2021, to February 28, 2022) to provide continuity of services during the GAO protest and to provide one-month of transition-out activities. The contract transition-out activities are being extended by 2 months to align with the transition-in activities of the newly awarded contract to Harmonia Holdings. As a result, the total estimated amount of this action will increase from $3,602,637.32, by $1,876,500.90, to $5,479,138.22.

The estimated value of the extended transition period is $1,876,500.90 which, when combined with the value of the 3-month original award of $3,602,637.32, brings the total estimated value of all 5-months to $5,479,138.22.

Breakout of the Extended POP:

CLIN

CLIN Description

March

April

Total

0001 Labor for Solution Integration $57,316.00 $57,316.00 $114,632.00 0002 Labor for Booking and Identity Management $76,240.00 $76,240.00 $152,480.00 0003 Labor for Case Management $156,127.20 $156,127.20 $312,254.40 0004 Labor for Bonds Management $45,886.40 $45,886.40 $91,772.80 0005 Labor for Logistics Management $114,139.25 $114,139.25 $228,278.50 0006 Labor for Data Management $126,169.60 $126,169.60 $252,339.20

Total Transition Out Sub-Total $575,878.45 $575,878.45 $1,151,756.90

0007 Southwest Border Support - Cross Functional Leads and 4 Agile Teams $353,872.00 $353,872.00 $707,744.00

0008 ODC Travel $8,500.00 $8,500.00 $17,000.00 Southwest Border Support Sub-Total $362,372.00 $362,372.00 $724,744.00

GRAND TOTAL $938,250.45 $938,250.45 $1,876,500.90

4. Identification of statutory authority permitting other than full and open competition.

The statutory authority permitting other than full and open competition is 41 U.S.C. §3304 as implemented by:

FAR Subsection 6.302-1: Only one responsible source and no other supplies or services will satisfy agency requirements.

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

5. Demonstration that the nature of the acquisition requires use of the authority cited.

ICE awarded contract 70CTD021FR00000226 Harmonia Holdings on September 24, 2021 for the acquisition of Enforcement Systems Support Services. This award was protested by the incumbent vendor, Dev Technology Group with the Government Accountability Office (GAO) on September 27, 2021. A Stop Work Order was issued against Harmonia Holdings and was in effect until January 6, 2022 when GAO denied the protest. Although the performance of the Harmonia contract can now proceed, there is still a need to transition the work from the incumbent vendor to the new awardee. The incumbent, Dev Tech is the only company in a position to transition work under the old contract to Harmonia. No other vendor has the experience or personnel to transition work under the prior contract besides the incumbent.

Due to the complexity, volume, and critical nature of the work performed under the Harmonia contract, Dev Tech’s contract is being extended to align transition-out activities with Harmonia’s transition-in activities. ICE cannot afford any failure of performance during transition from the incumbent to Harmonia. The high quantity of people needed to ramp up, the complexity of the transition due to ongoing high-visibility deliverables, typical turnaround times for security onboarding, and the mission-critical importance of ensuring there is no staffing shortage when Harmonia becomes the sole provider of these services make the need for a parallel transition with the incumbent contractor essential to meeting the government’s operational requirements. Successful transition from Dev Tech to Harmonia is vital to ensure that ICE operations continue uninterrupted without failure. Failure to provide sufficient transition to Harmonia increases the risk of unsuccessful performance in the first few months of performance under contract 70CTD021C0000226, which would negatively affect on-going Tier 2/3 O&M and Southwest Border (SWB) operations, including critical deliverables. Due to the on-going SWB surge, ICE cannot risk any performance failure of the systems covered. This contract, for transition-out services under Dev Tech’s contract, aligns with the work that is being transitioned-in by Harmonia and mitigates the risks identified.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable.

As mentioned in Section 5 above, this action was recently re-competed and awarded to Harmonia Holdings. No efforts were made to seek competition for the 2-month extension to transition the work from Dev Technology to the new awardee.

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

The rates for this two-month extension will be same as the negotiated rates in Dev Tech’s original contract for transition-out services; of which were determined fair and reasonable.

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

8. Description of market research.

Not applicable since the incumbent, Dev Tech is the only company in a position to transition work under the old contract to Harmonia. No other vendor has the experience or personnel to transition work under the prior contract besides the incumbent.

9. Any other facts supporting the use of other than full and open competition.

None.

10. A listing of the sources, if any that expressed, in writing, an interest in the acquisition.

No other sources have, or are expected to, express an interest in this short-term, transition-out work.

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for supplies or services required.

This requirement provides for transition from the incumbent vendor to the new awardee.

ICE will seek competition for these services at the conclusion of the Harmonia contract.

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

12. Technical/Requirements Personnel Certification.

I certify that this requirement meets the Government’s minimum need, and that the supporting data, which forms the basis for this justification, is complete and accurate.

Digitally signed by AARON L

AARON L JUSTICE JUSTICE

Date: 2022.03.01 08:21:02 -05'00'

Name Date

13. Contracting Officer’s Certification.

I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

Name Date

14. Approval.

Digitally signed by HOPE E SANDERS Date: 2022.03.01 18:22:26 -05'00'

Over $700,000 but not exceeding $13.5 million Date Procuring Activity Advocate for Competition

JOHN E WHITFIELD Digitally signed by JOHN E WHITFIELD Date: 2022.03.01 10:08:45 -05'00'

HOPE E SANDERS