Redacted JEFO JA-21-0086.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-21-0086

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE), Office of Acquisition Management, prepared this justification for an exception to fair opportunity on behalf of the Office of the Chief Information Officer (OCIO), Solutions Delivery Division (SDD), Enforcement and Removals Operations (ERO) IT Portfolio.

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

(a) Type of action: Firm-Fixed-Price

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

(c) Brief Description: OAQ intends to procure, on a sole source basis (utilizing the 8a STARS II Governmentwide Acquisition Contract (STARS II)), professional services from the below company. The company listed below is the only vendor with the skills and experience necessary to support the development activities.

Infapro Corporation 12707 Laurel Grove Way Fairfax, VA 22033

3. Description of Supplies/Services.

This requirement is for up to eight months of services to create dashboards, from consolidated data at an estimated total price of $_______. These services are required to provide near real-time operational insight that supports activities at the southwest border and additional priorities as defined by ICE leadership.

Period Time Price Total Base 4 mos. $_______ $________ Option Year 1 4 mos. $_______ $________

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

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☐ 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. [For logical follow-on, the rationale shall describe why the relationship between the initial order and the follow-on is logical (e.g., in terms of scope, period of performance, or value)]:

☐ 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 support services to create needed dashboards in accordance with (Insert FAR reference). This is needed since ICE must provide its decision-makers with access to near real-time data to better track, report, and respond on critical areas. Infapro has experience developing operational dashboards in support of border security and immigration reporting, including southwest border work; knowledge of the data; and the technical capacity to build the needed dashboards. Infapro is qualified as an 8(a) vendor on Stars II.

Stars II allows for direct orders per FAR 19.805-1(a)(2).

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

The contracting officer determined that issuing a Task Order to Infapro for development and implementation of the dashboards may be done at a fair and reasonable cost for ICE.

Evaluation will be done in accordance with FAR 15.4 and 16.2 as required by the Ordering Guide. Additionally, prior to issuance of the task order modification, the ordering activity will consider the level of effort and the mix of labor proposed to perform the specific task being ordered to determine that the total price is reasonable. The contractor’s labor mix and level of effort will also be compared to the Independent Government Cost Estimate (IGCE).

Market research was conducted to identify other vendors on Stars II that have experience with Qlik reporting software since this is the primary product that will be used to build the dashboards. Two vendors were identified that note Qlik on their corporate website, however these vendors do not have experience developing similar operational dashboards in support of border security and immigration reporting, including southwest border work; knowledge of the data; nor the technical capacity to build the needed dashboards. Based on this research, the contracting officer does not expect offers from two responsible eligible 8(a) firms at a fair market price.

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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.

It is not anticipated that any subsequent acquisition for these same services will be made.

8. DHS intends to post this requirement on Beta.Sam/FedBizOpps 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.

________, 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:

Not exceeding $700,000 Date _____________, Contracting Officer

*Note: In accordance with FAR 16.505(b)(2)(ii)(C)(1), proposed orders with an estimated value exceeding the simplified acquisition threshold, but not exceeding $700,000, the ordering activity contracting officer’s certification that the justification is accurate and complete to the best of the ordering activity contracting officer’s knowledge and belief will serve as approval. For OAQ, the contracting officer should sign each justification prior to approval by the next higher level (e.g., Competition Advocate, HCA, and/or CPO).

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11. Approval.

Over $700,000 but not exceeding $13.5 million Date Procuring Activity Advocate for Competition

Over $13.5 million but not exceeding $68 million Date Head of Contracting Activity

Over $68 million Date Chief Procurement Officer