OIA137 EVADE_Exception to Fair Opportunity FAR part 16.505 Final Signed.pdf

SECTION I: Introduction

The Transportation Security Administration (TSA), Intelligence and Analysis (I&A), Vetting Analysis Division (VAD) and Contracting & Procurement (C&P) proposes to extend Task Order (TO) 70T02019F3KOIA137 which shall restrict the number of sources provided a fair opportunity to be considered (FAR 16.505(b)(2)).

The procurement request number is PR257554A001, and the C&P J&A tracking number is JA-'2025'-02-1158.

Per FAR 16.505, this acquisition is conducted under a multiple award contract.

SECTION II: Description of Action Being Approved

This action is seeking an exception to fair opportunity to extend firm-fixed price (FFP) TO 70T02019F3KOIA137 period of performance by 6 months (November 20, 2024, to May 19, 2025) to provide continued Enhanced Vetting and Discovery Element (EVADE) support services.

(a) Name and Address of the Contractor: Strategic Operational Solutions Inc. (STOPSO) 8391 Old Courthouse Road STE 300, Vienna, VA 22182, US

(b) Type of action: FFP TO Modification

(c) Estimated Total Value of 6-month extension modification: $703,525.55.

(d) Period of Performance: November 20,2024 to May 19, 2025

(e) Background: Strategic Operational Solutions Inc., known as “STOPSO,” is providing services under the existing Enhanced Vetting and Discovery Element (EVADE), task order 70T02019F3KOIA137. This TO was awarded under the National Institutes of Health Information Technology Acquisition and Assessment Center (NITAAC) Chief Information Officer – Solutions and Partners 3 (CIO-SP3) Small Business Government-wide Acquisition Contract (GWAC), specifically under the Service-Disabled Veteran Owned Small Business (SDVOSB) Task Area 8 – Digital Government

SECTION III: Description of Supplies or Services

The requirement is to provide on-site Subject Matter Expertise (SME) support personnel who can employ information technology tools and research methods, including big data searches, to conduct enhanced vetting of credentialed subjects using government provided and publicly available information. This SME support allows for the continuous operations and system critical initiatives, to enhance the existing vetting and security threat assessment processes.

The services provided by STOPSO are vital to the operations of I&A and are deemed mission critical.

STOPSO has the unique and highly specialized understanding of the scope of the effort requiring their continued work. Furthermore, STOPSO has the required facility security clearance and cleared personnel that can continue to accomplish this work given their existing knowledge of the EVADE tasks/requirements.

Exception to Fair Opportunity

SECTION IV: Identification of the Exception to Fair Opportunity 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.

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. * Note: if using “brand name”, clearly explain why brand name or equal is not a viable solution.

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

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

SECTION V: Description of Fair Opportunity Exception Rationale

The need for this extension is to allow the awardee of the new competitive task order which was awarded on September 25,2024 to receive approval of their Facility Clearance. This requirement is a six-month extension and is essential to maintain continuous EVADE support for I&A during the waiting period for approval of the Top Secret Facility Clearance of the new contractor.

Only STOPSO has the current and required Facility Clearance level and on-site personnel uniquely qualified to sustain existing EVADE support services. Under the direction of the Encounter Analysis Branch (EAB), STOPSO conducts analysis on the Transportation Security Administration’s encounters with Known or Suspected Terrorists (KST). This analysis helps facilitate decision points with respect to KST travel and sensitive transportation sector accesses. Under the EVADE task order, the contractor is responsible for capitalizing on current analytical capabilities to expand open-source vetting. To accomplish this, they leverage both traditional and non-conventional data sources paired with publicly available information as part of TSA’s credential vetting function.

Discontinuing the current task order before the follow-on Awardee is granted facility Clearance would create operational gaps, impeding progress and leading to inefficiencies in meeting mission requirements. A lapse in support of the VAD mission would not only cause an interruption and would create a gap in case management delaying the review, approval, or revocation of the 40+ credentials populations vetted by TSA. This delay in credential revocations increases the security concerns for individuals deemed as potential threats in this process.

SECTION VI: Contracting Officer’s Determination that the Order Represents the Best Value

The base period and all option period prices to provide EVADE support services were determined to be fair and reasonable at the time of award in July of 2019. The total estimated price of this six (6) month extension is estimated to be $703,525.55 is composed of the rates established for Option Year 4, which were evaluated as fair and reasonable at the time of award. This 6 month extension is also expected to be fair and reasonable.

The Contracting Officer (CO) has sufficient data available to perform a price analysis on the proposed action to determine fair and reasonableness based on a comparison of proposed prices for the extension to historical pricing established under the current EVADE TO.

SECTION VII: Market Research Description

Market research was not conducted for this TO extension action as no other source other than STOPSO would prevent a lapse in services.

SECTION VIII: Other Facts Supporting the Fair Opportunity Exception Justification

N/A

SECTION IX: Actions Taken to Remove Barriers to Competition

A competitive follow-on TO, 70T02024F7554N002, was awarded on September 25, 2024, for this requirement as such there are no barriers to competition for this requirement. This requirement is a six-month extension to allow the necessary vetting and facility clearance for the follow-on contract and is essential to maintain continuous EVADE support for I&A during the transition period.

SECTION X: Contracting Officer Certification I certify that this information is accurate and complete to the best of my knowledge and belief.

Jakya Brooks

Signature Date

SECTION XI: Technical or Requirements Personnel Certification I certify that this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

Marcus T. McNeill Signature Date

SECTION XII: Concurrence and Approval The required levels of concurrence and approval of this Limited Sourced Justification depend on the estimated total value of the procurement. Concurrence and approval must be obtained for that level and each previous level.

Estimated Procurement Value:

$2,000 and greater for Construction $2,500 and greater for Services

$10,000 and greater for Supplies Concurrence:

Program Manager:

Marcus T. McNeill

Signature Date

Acquisition Official Approval:

Contracting Officer:

Jakya Brooks Signature Date

November 18, 2023Marcus T. McNeill

Marcus T. McNeill November 18, 2023