TUXD JEFO_Redacted.pdf

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

JEFO No.: - 1 -

JEFO No.:

Date: _8-April-2020___________ PR Number:

1. Agency and Contracting Activity

The Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS), Office of Contracting (OCON) prepared this justification for an exception to fair opportunity on behalf of the Office of Information Technology (OIT), Transformation Delivery Division (TDD).

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

DHS/USCIS/OIT/TDD has a requirement to increase the user experience support services provided on the current task order, HSSCCG-17-J-00077, and requires a modification to add these additional services. Pursuant to FAR 16.505(b)(2)(i)(C), the modification 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. OCON intends to issue a modification to the current task order without considering other EAGLE II awardees as all awardees were given a fair opportunity to be considered for the original order.

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

TUXD has had an increase in the need for user experience support due to the increase in volume and velocity of work and requires the additional support of five (5) FTEs. The labor categories required are as follows:

1. Subject Matter Expert – Level III (1 FTE)

2. Subject Matter Expert – Level II (1 FTE)

3. Subject Matter Expert – Level I (3 FTEs)

The five additional FTEs will provide mission critical support in achieving proposed project deadlines and handling this increased workload. The period of performance for this additional work will be for the remaining five (5) months of the current option year, 05/03/2020 – 10/02/2020, to align with the current periods of performance of the existing contract. The total estimated price for this requirement is

Currently, Sapient Government Services, Inc. provides Transformation User Experience Design (TUXD) support under task order number HSSCCG-17-J-00077. All vendors were given a fair opportunity to be considered for the original task order award via EAGLE II FC1 Unrestricted.

JEFO No.: - 2 -

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.

Pursuant to FAR 16.505(b)(2)(i)(C). The modification 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.

Rationale:

TUXD supports the USCIS Electronic Immigration System (ELIS) through its human-centered, designed-based approach by enhancing the end user experience for adjudicators, (reports for) Executives and policy makers and benefits seekers. TUXD is essential to upholding the agency’s mission as these services help USCIS assess and upgrade its processes/flows for improved user experience during personal dealings with benefit seekers at service centers and field offices.

ELIS’ needs for streamlined user experience (UX) have expanded from an initial and experimental approach to full integration of design with agile development across ELIS due to sheer increase in volume and velocity of work. Because of this, the additional support of five (5) FTEs are required to support the technical team. Without the additional five (5) FTEs, the success of the TUXD project is in jeopardy of not achieving the project deadlines referenced above since the current technical team no longer has the capacity to maintain their level of performance.

Pursuant to FAR 16.505(b)(2)(i)(C), a sole source modification for the additional services under this contract are necessary in the interest of economy and efficiency because it is a logical follow-on to order already issued under the contract. A new procurement to add these five (5) FTEs, complete paperwork, procure the additional services, transition and onboard all of the needed resources, would take a minimum of six (6) months if not longer in the current circumstances. With only 6 months left to meet the TUXD project timelines, the deadline for enhancing UX will have expired before USCIS will be able to add these five (5) FTEs and onboard them so that they are able to fulfill the mission.

Therefore, this is a logical follow on as Sapient Government Services, Inc. is currently providing these services on the TUXD contract through September 2020. As the USCIS clearance/EOD process is extremely lengthy, it is more efficient to continue with Sapient as they are already in place, can immediately submit resources to USCIS for clearance and quickly provide the necessary surge resources. It will require less time and money to add the additional services to aid completion on the project identified above, which is within six (6) months of completion. With the tight timeline for full integration, reducing the length of time needed for onboarding and transition is a critical success factor. Sapient is providing satisfactory work, experience, and meeting deadlines providing these services for USCIS.

Their willingness to maintain and provide additional resources to support the program, JEFO No.: - 3 -further shows Sapient is capable of satisfying the agency’s requirements and completing the project in time to meet the September 2020 deadline.

Sapient Government Services, Inc. has the resources in-place , historical knowledge, and infrastructure needed to provide these critical services without delay in order to meet the established deadlines and reduce the risk of loss of mission capability. Sapient is the best option to provide the services within this established deadline.

Additional market research for the additional services alone was not conducted as it was not required as the contractor is already in place and performance is satisfactory. An assessment of recent market research conducted for the award of the contract enabled the consideration of whether contractors other than the incumbent could perform the contract within the same period of performance. Due to the nature of the additional work, program objectives, and the short period of performance remaining, soliciting other EAGLE II awardees at this time is not feasible, efficient, or economical.

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

The contracting officer will verify that all labor categories and rates proposed for this modification are fair and reasonable based on the pricing that was negotiated when the TUXD Contract (HSSCCG-17-J-00077) was competitively awarded under EAGLE II FC1 Unrestricted.

6. Any other facts supporting the justification.

There are no other facts supporting this justification.

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.

USCIS OIT has no plans to foster competition for this action because only Sapient Government Services, Inc. has the necessary knowledge and resources in place to continue critical operations. However, DHS/USCIS/OIT will monitor the marketplace for up to date opportunities to fulfill our needs after the conclusion of this current task order so that future task order/contracts can be fully competed.

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

JEFO No.: - 4 -

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.

Date

Technical Representative/COR

10. Contracting Officer 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.

Date

Contracting Officer