OSDSS_FAR 16.5_JEFO REDACTED_Final.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)

1. Agency and Contracting Activity.

The U.S. Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE), Office of Acquisitions Management (OAQ), prepared this justification for an exception to fair opportunity on behalf of ICE/Chief Information Officer (OCIO).

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

(a) Type of action: Labor Hour (LH) Task Order

(b) Amount the current J&A is justifying:

(c) Brief Description: ICE/OCIO intends to award a seven-month Task Order under the

General Services Administration (GSA) Alliant 2 Government Wide Acquisition Contract (GWAC) # 47QTCK18D0030. The current Task Order # HSCETC-16-J-00050 is set to expire on August 29, 2021. The contractor listed below is the only company capable of providing and maintaining the Operations and Solutions Delivery Support Services (OSDSS) including Operations and Maintenance (O&M), network and infrastructure services required at the level of quality required because the OSDSS is unique or highly specialized.

Perspecta Enterpise Solutions, LLC.

15050 Conference Center Drive Chantilly, VA 20151

3. Description of Supplies/Services.

This requirement is to provide a new seven-month Task Order for continued OSDSS to allow time to conduct corrective action, issue a new award or lift the stay of performance for the requirement, allow time to address any additional protests, and transition-in the new awardee.

Based upon the current price of contract performance, the estimated total for the additional seven months of support is

Period Time Price Total

Base Period 3 months Option Period 1 1 month Option Period 2 1 month Option Period 3 1 month Option Period 4 1 month

Total

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

4. Statutory Exception and rationale for its use:

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.

☐ 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:

ICE/OAQ intends to procure continued OSDSS. The authority for this action is 41 U.S.C.

4106(c)(2), Competitive Procedures.

ICE previously issued a solicitation for the OSDSS requirement in April 2021. However, ICE received a post-award Government Accountability Office (GAO) protest. After careful review, ICE determined it was in the Government's best interest to take corrective action by placing a stop-work on the awarded Task Order and reevaluating the received quotes to make a new award determination. ICE is currently engaged in the corrective action, and ICE anticipates making a new award determination in first quarter of FY 22. ICE is including additional option periods in this task order to address any future protests as well as ensure there is sufficient time to transition the requirement to a new awardee, if needed.

As a result of protest and based on the corrective action by the Agency, the interim contract will continue to maintain the OSDSS through March 29, 2022, which should provide sufficient time for ICE to review the evaluation documentation and reevaluate the quotes to make a new contract award, transition-in, and provide optional periods of performance if needed to address any protests received on the award.

ICE will continue to need uninterrupted OSDSS pending the award of a new contract, and any time needed to resolve any protests and transition to the new OSDSS awardee.

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

Perspecta Enterprise Solutions, LLC, is currently the only contractor capable of providing the OSDSS requirement at the high level of quality because they are already familiar with the ICE IT infrastructure. The time required for a new contractor to setup a new virtual cloud environment, provisioning multiple consoles via DevOps Pipeline creation, and configuration support for initial cloud hosting infrastructure connections in the ICE Cloud may delay and result in an interruption in service and capabilities that could present significant safety and mission impacts. Keeping this contractor in place pending the corrective action, new award determination, and transition to a new awardee, will ensure continuity of services without extensive delays due to their knowledge and understanding of OSDSS requirements.

Furthermore, this task order is only needed to provide sufficient time for ICE to complete the competition of a newtask order based on the revised evaluation of quotes. Accordingly, it is in the best interest of the Government to issue this short-term new Task Order with the incumbent contractor while ICE reevaluates the quotes and makes a new contract award.

5. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer has determined that issuing a new Task Order for continued OSDSS represents the best value and will result in the lowest overall cost, considering price and administrative costs, to meet the Government’s needs. The quoted price will be compared to historical prices and the Independent Government Cost Estimate (IGCE), as well as OSDSS’s GSA Alliant 2 rates. Additional discounts will also be requested. As a result, ICE anticipates that the price of this GSA Alliant 2 GWAC Task Order will be fair and reasonable. However, ICE will review the price quote received and determine if it is fair and reasonable before issuing a new Task Order.

6. Any other facts supporting the justification.

Not applicable.

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.

The OSDSS requirement is anticipated to be competitively awarded in the first quarter of FY 22. This bridge is needed solely to allow time for ICE to conduct corrective action in response to a post-award protest received challenging a previously-issued award. ICE is reevaluating the quotes and will make a new contract award. The new Task Order will provide options in the event additional time is needed to address additional protests and to allow sufficient time for transition. The award of a Task Order for support through March 29, 2022 will provide the critical coverage of support until a new award can be made and ICE can transition this requirement to the new OSDSS contract.

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

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

9. Technical/Requirements Personnel Certification.

Pursuant to FAR 16.505(b)(2)(ii)(B)(9), I certify that this requirement meets the Government’s minimum need and that the supporting data, which form a basis for the justification, are accurate and complete.

10. Contracting Officer Certification and Approval:

Pursuant to FAR 16.505(b)(2)(ii)(B)(8), I certify that this justification is accurate and complete to the best of my knowledge and belief and hereby determine that the circumstances for an exception to fair opportunity exist:

11. Approval.