signed_JEFO_No._FY18-0575.pdf

OPOAM 3016.505-90(a)(2)(ii) Justification for Exception to Fair Opportunity

Exceeding the SAT pursuant to FAR 16.505(b)(2)(ii)(B)

JEFO No.: FY18-0575 - 1 -

JEFO No.: FY18-0575

Date: 09/20/2018 PR Number: RSRT-18-00022

1. Agency and Contracting Activity. Identification of the agency and the contracting activity, and specific identification of the document as a “Justification for an Exception to Fair Opportunity.”

The Department of Homeland Security (DHS), Office of Procurement Operations (OPO), on behalf of the Science and Technology Directorate (S&T) First Responder’s Group (FRG) prepared this justification for an exception to fair opportunity.

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

DHS OPO intends to modify task order 70RSAT18FR0000061 to extend work without considering the other awardees of EAGLE II IDIQ contracts pursuant to FAR 16.505(b)(2)(ii)(B).

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

Currently Teracore Inc. provides specialized technology programming, development and system integration capabilities that support FRG within the homeland security/emergency services sector. Teracore also provides assistance to S&T FRG to support mission critical strategic program and technical management, program planning and oversight, financial management, and technical website administration functions across the broad scope of First Responder activities under task order 70RSAT18FR0000061, which was awarded under HSHQDC-13-D-E2027 (Eagle II IDIQ contract).

The FRG require increase contractor support for R-Tech International Forum to Advance First Responder Innovation (IFAFRI). Contractor will support Stakeholder Engagement team work to promote IFAFRI projects and initiatives while facilitating two-way information sharing about capability gaps and related IFAFRI solutions, and serving as subject-matter experts on IFAFRI’s Committees and as part of IFAFRI’s Program Management Office. Contractor will support IFAFRI Stakeholder Engagement team and informs the international emergency preparedness and response communities, IFAFRI partners, media (in cooperation with S&T’s Office of Corporation Communications), national and international conference planners, and industry about IFAFRI’s activities and the work of IFAFRI’s PM through strategic and tactical communications and outreach efforts, and engages the world’s practitioners in law enforcement, the fire service, emergency medical services, and emergency management to build working relationships and facilitate cross-discipline, international collaboration.

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Additionally, the FRG require increase contractor support for R-Tech CUSEC supported annual Shake and Fury exercise. The contractor will support all activities of Shaken Fury annual exercise, to include supporting establishing enhanced information sharing practices across the whole community to improve preparedness, response, recovery, and mitigation in response to a catastrophic incident; Support demonstrating the ability of state and federal response and recovery efforts to collaborate with the whole community to adjudicate and allocate critical resources to affected communities; support demonstrating integrated, real-time field reporting capabilities, and incorporate field reports at appropriate scales in EOCs.

This additional support is needed for 10 months, approximately to the end of the task order Base Period. Currently 70RSAT18FR0000061 has a total value of $9,698,052.00 including all options. The estimated value of all work added under this JEFO is $504,276.44. If this effort is added, the total estimated value of the task order will be $10,202,328.44.

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. [If the contracting officer uses the logical follow-on exception, 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)]. [Select one and explain rationale below]:

_________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. [The justification must demonstrate 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)(C). The order must be issue 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 or requires that the purchase be made from a specified source.

Rationale:

JEFO No.: FY18-0575 - 3 -

The Contracting Officer’s Representative performed market research and determined that the combination of technical expertise and proficiency with DHS S&T’s programmatic requirements makes Teracore the sole option available to support FRG in the time and manner required. Market research indicates that if a contractor other than Teracore had to take over the requirement immediately, the programs requiring support would suffer and valuable strategic work products would not be completed in a timely manner. This task order was very recently competed, but at the time the RFP was established, the FRG office anticipated that these activities would either no longer be occurring or would require diminished support.

Delays to these programs have made these support services still necessary.

FRG requires increased contractor support for the R-Tech CUSEC supported annual Shake and Fury exercise. The specific support is time sensitive, and the current contractor support staff has the unique specific scientific and technological skills and historical knowledge of the program in earthquake region in the CUSEC states. Without the current contractor support the program and exercise risk potential failure and congressional review. The contractor will support all activities of Shaken Fury annual exercise to include: supporting establishing enhanced information sharing practices across the whole community to improve preparedness, response, recovery, and mitigation in response to a catastrophic incident; support demonstrating the ability of state and federal response and recovery efforts to collaborate with the whole community to adjudicate and allocate critical resources to affected communities;

support demonstrating integrated, real-time field reporting capabilities, and incorporate field reports at appropriate scales in Emergency Operation Centers (EOCs). Additionally, Teracore is currently providing the same services for other projects within FRG and some of the personnel who are currently only working part time on this task order can be placed at full time and can support this effort immediately, with no lag time required for onboarding.

Additionally, Teracore was the only EAGLE II vendor to propose for this effort. Holding a competition for this effort, so soon after the task order was awarded, is unlikely to yield any new competition.

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

The Contracting Officer has determined that the anticipated prices will be fair and reasonable based upon price analysis of the task order modification proposal. The reasonableness of the proposed prices will be determined by using the Price Analysis techniques in FAR 15.404- 1(b). This will include the comparison of proposed prices to historical prices paid, whether by the Government or other than the Government, for the same or similar items including comparison to EAGLE II established prices. Additionally, the Contracting Officer will determine fair and reasonableness via the comparison of analysis of data other than certified cost or pricing data (as defined at 2.101) provided by the offeror. Certified cost and pricing date is not required for this modification as this procurement falls under the exemption of FAR 15.403-1(b)(5) Modification of a Contract for Commercial items.

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6. Any other facts supporting the justification.

N/A

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 COR will work with the program office to ensure that no additional programs within FRG need additional support, and if any additional support is necessary, an effort will be made to place new task orders for that support.

8. DHS intends to post this requirement on 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

09/27/2018

9/27/2018