Redacted FAR 16.5_JEFO_Exceeding_SAT ITOSS SS_ 8.20.21.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)

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J&A-21-xxxxx

1. Agency and Contracting Activity.

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

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

(a) Type of action: Hybrid Firm Fixed Price (FFP)/Time and Materials (T&M)

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

(c) Brief Description: OAQ intends to award a six-month interim task order under the Chief

Information Officer (CIO)-Solutions and Partners 3 (SP3) Small Business contract for continued Information Technology Operations Support Services (ITOSS) to ensure continued critical contractor performance within Continental United States (CONUS) and Outside the Continental United States (OCONUS). The current task order HSCETC-17- J-00039 expires on September 2, 2021. The contractor listed below is the only company that can provide the required services to support this requirement without a lapse in service.

XXXXXXXX

3. Description of Supplies/Services.

This requirement is to provide a new six-months interim task order for continued IT support services specified below at an estimated total cost of XXXXX. The period of performance will be September 3, 2021 through March 2, 2022. ICE will include FAR 52.217-8 in the solicitation and will be evaluated at the time of award. These services are required to provide ICE OCIO and its partners ongoing mission critical IT support to over XXXX users at approximately XXXX sites worldwide.

1. Program Management Support

2. Service Desk (SD) (Tier 1)

3. IT Field Operations (ITFO) (Tier 2) Continental United States (CONUS) and

Outside of the Continental United States (OCONUS)

4. Operations Infrastructure Deployment

5. Financial Management and Travel Management Support (Tier 2)

6. Hardware Warranty Administration and Maintenance Support

7. Incident/Problem Coordination (I/PCT)

8. Change Management

9. ICE Network Operations Center (NOC)

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

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10. Enterprise Email and Domain Management (EEDM)

11. Enterprise Wide Tools Team (EWTT)

12. ServiceNow

13. Optional Task – IT Services

14. Optional Task - Surge Support

15. Transition Out Phase

Period Time Total Base X mos. $XXXXXXXX

Transition Out Phase X mos. $XXXXXXXX XXXXXXXX Xmos. $XXXXXXXX

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 continuation IT Support Services to provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items necessary to meet support service tasks. Pursuant to 41 U.S.C. 4106(c)(1) as implemented in 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. Services currently being provided under the current ITOSS task order will be re-competed under two new competitive task orders: Enterprise Support Services

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

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(ESS) and Information Technology Support Services (ITSS). These two actions are expected to be solicited in the near future and awarded in December 2021. The sole source extension also supports the anticipated two-month transition period.

The program office is re-engineering the new requirement documents from one action (ITOSS) into two separate actions (ITSS and ESS). ICE conducted an Industry Day and issued a Request for Information (RFI) as part of market research to determine the contract vehicle best suited to meet acquisition requirements. Since the Industry Day and RFI, ICE is finalizing the requirements and acquisition strategy with an anticipated release of the ITSS and ESS solications by the end of FY21. As a result, this interim task order is now required to prevent a lapse in service while ICE finalizes the requirements, competes the competitive acquisition of the two new contracts, and completes transition.

In addition, ICE anticipates including FAR 52.217-8 to allow optional extensions should ICE receive any protests to either the ESS or ITSS procurements. In awarding ITOSS, multiple rounds of protests were filed challenging the agency’s decision to set-aside the procurement for small businesses, the initial award determination, the agency’s corrective action, and the final award determination. For ITOSS, ICE issued the RFQ on March 31, 2017, and was able to proceed with award after May 24, 2019, once all protests were finally resolved.

Based on the nearly 26 months it took to award the ITOSS procurement, ICE is including FAR 52.217-8 to allow additional options to be exercised if any protests are received for either the ESS or ITSS procurements.

XXXX is currently performing the required services and is the only responsible source uniquely capable of providing the necessary skill set with uninterrupted services, cost effectively and in a timely manner. It is not realistic to expect another contractor to perform the services for a short-term/interim period of performance at the same level of quality and competitive cost, nor is it in the best interest of the Government to compete this short-term effort when the current incumbent contractor has the experience and existing resources to perform the services while awaiting the award of the new competed solutions.

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

The rates for this interim task order will be commensurate under the most recent performance period (Option Period 2) of the current task order that were determined to be fair and reasonable at time of award. Price reasonableness will be determined by comparison of proposed prices to historical prices paid, either by the Government or other than the Government, for the same or similar items. The Contracting Officer will determine that this interim order represents the best value and results in the lowest overall cost alternative (considering price, special features, administrative costs, etc.) to meet the Government’s needs.

6. Any other facts supporting the justification.

Not applicable.

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

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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.

ICE anticipates competing these requirements in two new contracts and making new awards by December 2021. After the new awards are in place and the requirement transitioned, ICE will no longer require sole source IT services and will eliminate the need for any subsequent limited source acquisition to this vendor. As mentioned in Section 4, above, ICE anticipates issuing the solicitations in the near future and awarding the new contracts by December 2021

8. DHS intends to post this requirement on 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.

Digitally signed by CHRISTOPHER S BOWMAN Date: 2021.08.20 16:19:15 -04'00'

Technical Representative/COR Date

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:

Digitally signed by PHYLLIS L BROKENBOROUGH Date: 2021.08.20 16:27:07 -04'00'

XXXXX X. XXXXX Date Contracting Officer

11. Approval.

XXXXXXXXXXXX XXXXXXXXX

XXXXX XXXXX Date Head of Contracting Activity

XXXXXXX XXXX

XXXXXX X XXXXX

XXXXXX X XXXXXX