P00004_FAR 8.4_LSJ_SEVIS II Bridge Extension_REDACTED.pdf

OFFICE OF ACQUISITION MANAGEMENT

ICE Acquisition Manual 3006.301-90

LIMITED-SOURCES JUSTIFICATION

ORDERS OR BPAS EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

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4. Authority and supporting rationale and a demonstration of the proposed contractor’s unique qualifications to provide the required supply or service.

Authority:

Select only one of the following circumstances justifying limiting sources pursuant to FAR 8.405-6(a)(1)(i) below and demonstrate the proposed contractor’s unique qualifications to provide the required supply or service.

8.405-6(a)(1)(i)(A) An urgent and compelling need exists, and following the ordering procedures would result in unacceptable delays.

8.405-6(a)(1)(i)(B) Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized.

8.405-6(a)(1)(i)(C) In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order or BPA must not have been previously issued under sole-source or limited-sources procedures.

Rationale:

ICE previously issued a competitive solicitation for SEVIS Level II services in May 2021 and the Task Order was awarded in August 2021. The competitive award was protested with the Government Accountability Office (GAO), which initiated a stop-work order with the new contractor until the protest was fully adjudicated. The GAO issued a decision on December 20, 2021 recommending excluding the initial awardee (AP Ventures) from the competition and re-evaluating the Management Experience of the remaining companies to produce a new award decision. Thorough consideration was required to ensure the path forward meets the needs of the program and addresses the concerns of the GAO. Ultimately, the Government decided to follow the GAO decision and re-evaluate the Management Approach for the remaining proposals and select a new awardee. The re-evaluations are ongoing and a new award is anticipated for April 18, 2022. The current option on this interim contract ends on April 10, 2022. Continuation of these services from Tsymmetry will be required through the award date and for a transition period of 30 days.

There is an urgent and compelling need to continue SEVIS Level II Application services.

The Level II Application Support is a critical resource in executing two SEVP customer resolution areas: the SEVIS application and batch applications. The SEVIS application involves the review, analysis and resolution of requests for corrections to SEVIS data. These requests are received either directly through SEVIS as correction requests made by Designated School Officials (DSOs) or as tickets created by the Level I support. Batch applications involve the set-up and support of software that interacts with SEVIS data. Both

OFFICE OF ACQUISITION MANAGEMENT

ICE Acquisition Manual 3006.301-90

LIMITED-SOURCES JUSTIFICATION

ORDERS OR BPAS EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

Page - 3 - of 4 Version 2.0 of these support services ensure accurate resolution of issues identified by SEVP stakeholders.

The Level II Application Support is used by schools and students around the world to inquire and resolve any corrections to SEVIS data. A gap in service precludes this support from taking place and is extremely detrimental to ICE because it risks a delay for international students to gain entry and attend schools in the United States and jeopardizes the publication and implementation of new processes critical to the security of SEVIS. Every moment SEVIS is unavailable, data currency and integrity is compromised and SEVP is unable to identify student and exchange visitor status violator and take appropriate enforcement action. Students are currently at ports of entry, awaiting CBP adjudication of their records, that Level II would typically handle as expedited requests allowing these students to enter the U.S.

Tsymmetry is the only contractor qualified to provide continued services to SEVP on an uninterrupted basis. The time required for a new contractor to receive security clearances and come up to speed with ICE and SEVP policies would result in unacceptable delays.

Currently, Tsymmetry is the only company with cleared personnel that possess the requisite knowledge and understanding of the SEVP environment to immediately continue services.

Keeping this contractor in place pending the resolution of the GAO protest will ensure continuity of services without extensive delays. ICE intends to use the time afforded by this extension to make a contract award to a new vendor and transition the outgoing and incoming vendor personnel.

5. Determination by the ordering activity contracting officer that the anticipated order represents the best value consistent with FAR 8.404(d).

The Contracting Officer has determined that issuing a new Task Order modification for continued Level II Application support services represents the best value and will result in the lowest overall costs, 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). Additional discounts will also be requested. As a result, ICE anticipates the proposed price will be fair and reasonable. This order will be placed in accordance with FAR 8.404, “Use of Federal Supply Schedules.”

6. A description of the market research conducted among schedule holders and the results, or a statement of the reason market research was not conducted.

Market research was conducted when during the acquisition planning phase for the requirement which was protested. Multiple contractors were identified that could satisfy the requirement, but only Tsymmetry has the requisite knowledge and cleared personnel to prevent a lapse in services. Therefore, additional market research was not conducted for this modification.