Redacted DOAD-I JEFO for SETS Interim Task Order due to Protest - PAAC signed Nov 15 2024.pdf

Justification for Exception to Fair Opportunity Exceeding the SAT pursuant to FAR 16.505(b)(2)(ii)(B)

JEFO No.: FY25-0009 Rev. 6/2021 - 1 -

JEFO No.: FY25-0009

Date: November 14, 2024 PR Number: RUIM-25-00021

1. Agency and Contracting Activity.

The Department of Homeland Security, Office of Procurement Operations, Departmental Operations Acquisitions Division (DOAD) I, on behalf of the Office of Biometrics Identity Management (OBIM) prepared this justification for an exception to fair opportunity.

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

The DHS/OPO intends to award a Task Order (TO) to Computer World Solutions Corporation (CWS) without considering other awardees under contract number HHSN316201300001W pursuant to FAR 16.505(b)(2)(i)(B) for the procurement of systems engineering and test support services for all OBIM systems and the Office of Chief Information Officer (OCIO) Homeland Advance Recognition Technology (HART) system.

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

The scope of this requirement includes the following areas of support services:

1. Architecture

2. Engineering

3. Infrastructure (data center and/or cloud-based systems)

4. Security

5. Testing and IV&V

6. Change Management

These services will allow OBIM and OCIO to provide continuity without further delay to the DHS mission.

The DHS OBIM has a requirement for system engineering and test services to plan, prioritize, coordinate and schedule information technology projects and activities for OBIM existing systems to include the Automated Biometric Identification System (IDENT) and OCIO’s HART system requirements and long-term goals and objectives tasks to be completed that will generally apply to OBIM systems and the HART system. In many instances, knowledge from one system evaluation will inform work to be accomplished in another. For example, volumetrics and growth data from customers may apply to both IDENT and HART, as well as inform the needs of the tools transferring data between them. In some cases, technical specifications, or other documentation (e.g., IXM spec) may apply equally to multiple systems, as could evolving customer requirements. Contract level management and related deliverables should be managed centrally. Single deliverables that cover multiple systems as well as separate deliverables for individual system, (e.g., IDENT; OBIM Cloud System; HART) will be expected.

JEFO No.: FY25-0009 Rev. 6/2021 - 2 -

The total cost is $5,804,970.00 as summarized below.

Period Total Base Period 1 mo. $1,163,119.00 Option Period 1 1 mo. $1,163,119.00 Option Period 2 1 mo. $1,163,119.00 Option Period 3 1 mo. $2,315,612.00 Total $5,804,970.00

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.

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.

On September 16, 2024, DHS/OPO awarded a contract for systems engineering and test support services to CWS. On October 2, 2024, DHS received Delmock Technologies, Inc. (Delmock) GAO Protest B-423020.1 and on October 7, 2024, a stop work order was issued to CWS.

On October 11, 2024, DHS filed a Request for Protest Dismissal Due to Corrective Action. DHS said it intends to re-evaluate submitted quotations and either reaffirm the original award, or if necessary, issue a new award. DHS also said it may put in place a bridge contract until an award under Solicitation 70RDAD124Q00000009 is reaffirmed or a new award is made for this corrective action. This JEFO is to put in place that bridge contract during the completion of corrective action. Delmock did not object to DHS’s proposed corrective action to GAO.

On October 24, 2024, GAO dismissed the protest based on DHS pending corrective action.

During the corrective action, the Government does not have the ability to compete a solicitation for a short-term bridge contract.

HART is one of DHS’s highest-priority IT modernization initiatives, alongside IDENT, the OBIM Cloud System, and support systems for reporting and data transfer, are all essential to DHS’s operational mission. These systems are under substantial Congressional oversight, with DHS providing quarterly updates to Congress on the progress toward Initial Operational Capability (IOC) to ensure transparency and accountability.

The timely procurement of support services with minimal lapse and at the highest standards is critical to maintaining the functionality and security of these systems. IDENT, the legacy system for biometric data processing and identity verification, handles fingerprints, facial photos, and key biographic information. HART, designated as a High-Value Asset (HVA), is the advanced successor to IDENT and is expected to become the primary System of Record (SoR) by 2025 or 2026. It will expand on IDENT’s capabilities with potential new biometric modalities, such as palm prints, DNA, and handwriting, to enhance identification and interoperability.

JEFO No.: FY25-0009 Rev. 6/2021 - 3 -

Complementing these systems, the OBIM Cloud System provides flexible, scalable infrastructure for data storage, processing, and transfer, operating in physical data centers or cloud environments to meet OBIM’s growing needs. Additionally, support systems for reporting and data transfer enable secure, interoperable information exchange between DHS’s biometric repositories and external systems, making them equally critical to the mission.

The subject matter experts (SMEs) provided under this contract are essential to supporting these priority systems by delivering expertise in system architecture, engineering, infrastructure management, security, testing, independent verification and validation (IV&V), and change management. Given HART’s designation as an HVA, stringent security measures are vital, requiring SMEs to maintain a high-security posture across OBIM and HART. This bridge contract will enable DHS to uphold mission-critical identity verification and screening capabilities while ensuring that these core systems operate robustly, securely, and at scale.

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 the proposed TO for the systems engineering and test support represents the best value and will result in the lowest overall cost, considering price and administrative costs, to meet the Government’s needs. The prices for the contractor have been determined fair and reasonable on the CIO-SP3 HUBZone contract and awarding to another vendor would cause undue burdens and excessive costs.

6. Any other facts supporting the justification.

A lapse in these services would hinder HART’s timeline for reaching IOC, posing risks to DHS’s operational objectives.

There is only one responsible source for these services because the incumbent vendor is positioned to reestablish support without resulting in further interruption to the Secretary’s priorities. Support across these systems is essential in areas of architecture, engineering, cloud and data center infrastructure, security, testing, and change management. Due to required government approval and clearance processes, no other vendor could hire and on- board the staff necessary for successful performance in the time frame available. For these reasons, it is in the best interest of the Government to receive support services from CWS until the corrective action is completed due to the current protest.

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.

OPO and OBIM conducted market research from October 2023 to April 2024 for the recompete.

The results identified the strategic sourcing contract vehicle, CIO-SP3 Small Business, as a viable

JEFO No.: FY25-0009 Rev. 6/2021 - 4 -option. Six HUBZone vendors were found to have the full capabilities required to perform all tasks outlined in the SOW, including the incumbent, Computer World Service Corp (CWS). Although five other capable vendors were identified, the recent protest and pending corrective action limits the current availability to only one vendor capable of providing the required level of quality for these highly specialized and unique services for a short-term bridge contract.

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

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.

DEMOCHA D SMITH-

BENJAMIN

Democha Smith-Benjamin

Digitally signed by DEMOCHA D SMITH- BENJAMIN Date: 2024.11.14 11:27:27 -05'00'

Technical Representative/COR

10. Contracting Officer Certification.

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.

KEITH O WESTRY Digitally signed by KEITH O WESTRY Date: 2024.11.14 11:34:30 -05'00'

Keith Westry Contracting Officer

11. Approval.

I hereby determine that the circumstance in FAR 16.505(b)(2)(i)(B) applies.

Antoinette Clay Procuring Activity Advocate for Competition