UC Portal Bridge Justification for Exception to Fair Opportunity CO Signed.pdf

PDF 3 MB Posted Dec 3, 2024

Attached to: UC PORTAL MANAGEMENT AND SUPPORT - TRANSITION
Solicitation number: 75ACF125Q00008JEFO
Issued by: Department of Health and Human Services Administration for Children and Families

About this file

Written by GovTribe AI · Dec 3, 2024

This is a Justification for Exception to Fair Opportunity (JEFO) document for a contract valued at $2,817,438.82 to provide continued UC Portal management services for the Department of Health and Human Services (HHS), Administration for Children and Families (ACF), Office of Refugee Resettlement (ORR).

The document justifies a sole-source bridge contract to the incumbent contractor Applied Intellect due to an ongoing protest of the competitively awarded follow-on contract. The bridge contract will run for six months from December 1, 2024 to May 31, 2025, allowing uninterrupted management and maintenance of the UC Portal system while the protest is resolved and transition occurs. The UC Portal is described as the authoritative system for tracking and managing unaccompanied children under ORR's care. Services include program management, operations and maintenance, service desk support, cloud enhancements, data reporting, software development, and transition support. The justification cites urgency under FAR 16.505(b)(2)(A) as the basis for the exception to fair opportunity, noting that service interruption would impact critical child welfare operations.

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Template for a Justification for an Exception to Fair Opportunity

This template is not for use (i) with small business set asides in accordance with FAR 16.505(b)(2)(i)(F), nor (ii) for Federal Supply Schedule contracts awarded pursuant to FAR 8.4. See FAR Subpart 16.5 for additional guidance.

Tailor all aspects of this template to the individual acquisition. Consult FAR 16.505 for guidance. An addendum may be added in case additional space is needed.

When this document is printed, the blue italic instructions are automatically deleted on the printed version.

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

Acquisition Title: UC PORTAL MANAGEMENT AND SUPPORT - TRANSITION

Agency: PSC

PSC Divisions: Other - HHS

PSC Other Divisions: Administration for Children and Families (ACF)

Acquisition Year (FY): 2025

Author: Jonelle Fearon

2. Description of Action:

Nature: New Requirement Follow-on Order

Modification to Existing Delivery/Task Order/Contract Number:

Order Against: Multiple Award ID/IQ Contract Number:

Pricing: Firm-Fixed Price Time & Materials Cost Type

Funds: OMA Other Funds:

3. Description of Applicable Contract Provisions:

Summarize all contract provisions relevant to this determination.

FAR 16.505(b)(2)(A) - The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

4. Description of Supplies or Services:

The estimated value of the proposed action, including all options, is: $ $2,817,438.82

Briefly describe the supplies or services to be provided, including make & model number where appropriate.

• Indicate whether the item to be procured is peculiar to one manufacturer (e.g., a particular brand name, product, or a feature of a product, peculiar to one manufacturer).

• If applicable, include quantities of supplies or period of performance for services. Provide information for any options included in the order.

• If the action is a modification to an existing order, distinguish clearly between the work covered by the basic order and the work to be obtained by the proposed modification; provided that if the action is to extend an existing order utilizing the -8 extension of services clause, this must be discussed.

The U.S. Department of Health and Human Services (HHS), Administration for Children and Families (ACF), Office of Refugee Resettlement (ORR) requires uninterrupted services for the management and maintenance of the Unaccompanied Children (UC) online management information system, known as the UC Portal. This system serves as the authoritative record for tracking, managing, and reporting on the welfare of detained unaccompanied children, providing essential support to ORR’s critical mission.

The incumbent contractor, Applied Intellect, is currently responsible for all UC Portal functions, including Program Management, Operations and Maintenance, Service Desk Support, Cloud Enhancements, Data Reporting and Support, Software Development and System Enhancements, as well as documentation and transition support services. Due to an ongoing protest filed by Applied Intellect, a delay in the transition to the competitively awarded follow-on contract is on-going. The protest, filed on February 12, 2024, with the Government Accountability Office (GAO), followed the initial award on January 30, 2024, after a determination of best value by the agency. Following the protest, the agency elected to take voluntary corrective action on March 6, 2024, to ensure all quotes met the RFQ’s requirements.

Given the current situation, ORR requires Applied Intellect to continue providing UC Portal management services during the protest resolution period and subsequent transition, ensuring that no gaps in service arise during this crucial time. The anticipated extension period is six months, from December 1, 2024, to May 31, 2025, which will cover all necessary services until the new contractor is fully prepared to assume responsibility by the projected transition date of November 30, 2024.

5. Authority and Rationale:

The Contracting Officer shall give every awardee a fair opportunity to be considered for a delivery/task order exceeding the micro purchase threshold unless one of the following statutory exceptions applies. FAR 16.505(b)(2). Mark the applicable exception:

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)(A)];

Factually establish the urgent need, provide the required performance/delivery schedule, address the lead-time involved, address why other contractors cannot fulfill the government’s needs, and explain the harm/serious injury that will come to the government if the justification is not approved.

The incumbent contractor, Applied Intellect, is uniquely positioned to deliver the required UC Portal services without interruption while ORR completes the transition to the new contract. Given their comprehensive experience and current operational capabilities, AI possesses in-depth knowledge of the system’s functionalities, configurations, and the sensitive data management protocols essential for UC Portal operations. A smooth and secure transition to the new contractor requires time-intensive, phased activities, including technical and operational testing, functional validation, and detailed knowledge transfer.

Additionally, the transition process involves the onboarding of personnel, who must undergo suitability assessments to handle sensitive information, as well as issuance of Personal Identity Verification (PIV) cards and Government-Furnished Equipment (GFE). These steps, integral to maintaining security standards, are projected to take several months, making a six-month extension essential to ensure that all compliance and readiness requirements are met without compromising ORR’s critical services.

Without this short term contract with Applied Intellect, ORR would face unacceptable delays in critical operations within the UC Portal, potentially jeopardizing the safety and welfare of unaccompanied children under its care. Applied Intellect’s continued engagement ensures uninterrupted service continuity and system stability while facilitating a thorough and controlled transition to the new contractor, safeguarding ORR’s mission and operational efficacy throughout the transition period.

Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized [FAR 16.505(b)(2)(i)(B)];

Explain what is unique or highly specialized about the supply or service, what level of quality is required and why only the specified contractor can meet the requirement. If the requirement is an item peculiar to one manufacturer, justify the restriction to the item peculiar to one manufacturer.

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)(C)];

Provide the original order number and explain why it is a logical follow-on to an order already issued under the contract, for example, in terms of scope, period of performance or value. Describe the process by which all awardees were given a fair opportunity to be considered for the original order. Specify how recent the previous competitive order was and the number of times this exception has been used; discuss why the specific requirement continues and why it is to the benefit of the Government for the particular contractor to continue this work.

It is necessary to place the order to satisfy a minimum guarantee [FAR 16.505(b)(2)(i)(D)]; or When citing exception to the fair opportunity process under FAR 16.505(b)(2)(iv), identify the contract clause and language that specifies the minimum guaranteed amount.

A statute expressly authorizes or requires that the purchase be made from a specified source. [FAR 16.505(b)(2)(i)(E)].

Provide a citation to the statutory authorization and a brief description of its content, or identify the specified source or other agency.

6. Agency Actions to Take or Remove Barriers That Led to Fair Opportunity Exception (If applicable):

Describe the actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration prior to any subsequent acquisition for the supplies of services is made. If no such actions have been taken, explain why.

The agency has conducted a competitive 8(a) set-aside solicitation and source selection process to identify a qualified contractor capable of fulfilling the long-term requirements of the UC Portal system. The new competitively awarded contract is scheduled to commence on December 1, 2024, following a structured transition period.

To ensure a seamless and uninterrupted transfer of responsibility for the UC Portal, a phased transition and turnover period has been planned. This period is essential for onboarding the new awardee's personnel, transferring operational knowledge, conducting necessary system testing, and issuing the required security credentials and equipment. By awarding a sole-source contract to the incumbent, Applied Intellect, the agency can maintain UC Portal services throughout the transition without compromising the integrity or security of this critical system. This temporary measure is necessary to mitigate risks associated with immediate handover, as an expedited transition without adequate preparation could introduce operational disruptions, data security risks, and a loss of institutional knowledge.

Moving forward, the agency will continue to take steps to facilitate competition and remove any barriers that restrict fair opportunity. By carefully managing the transition process now, the agency will pave the way for the new contractor to assume full operational control, eliminating the need for similar sole-source arrangements in the future.

7. Fair and Reasonable Price/Cost Determination: I hereby determine that the anticipated price/cost for this contract action will be fair and reasonable.

Insert a description of the techniques and applicable FAR provisions (e.g. FAR 15.404-1(b)) used to ensure award will be at fair and reasonable cost. For example, did the Contracting Officer use a comparison of industry cost for similar work? The Independent Government Cost Estimate (IGCE) will primarily be an analysis of the contractor’s proposed cost. Additionally, the techniques identified at (e.g. FAR 15.404-1(c)(2)(iii)) will be used to further ensure award will be at fair and reasonable prices. In addition, specify whether or not Certified Cost and Pricing Data will be obtained.

A determination of fair and reasonable pricing will be conducted prior to award execution. As this is a sole-source, non-competitive action, the Government will utilize a comparative approach to ensure price reasonableness. This assessment will involve comparing the proposed price to the Independent Government Cost Estimate (IGCE), in accordance with FAR 15.404-1(b)(2)(v). Additionally, the CALC Tool will be used to benchmark the proposed price against historical prices paid for similar or identical services, per FAR 15.404-1(b)(2) (ii). This approach allows the Government to validate pricing using commercial market data and historical government pricing for similar requirements, ensuring that the awarded price is fair and reasonable for the services provided.

Signature: Date: 11/07/2024

Name: Brandon Atchison

Title: Contracting Officer

8. Any other facts supporting the justification:

This action provides for a transition task order from incumbent AI to new competitively awarded contract.

9. Technical / Requirements Certification: By my signature below, I certify that the supporting data under my review which is included in this Justification for an Exception to Fair Opportunity is accurate and complete.

Program Manager

Name: JONELLE FEARON

Position Title: FAC-COR & FAC-P/PM - Level III

Email address: JONELLE.FEARON@ACF.HHS.GOV

Phone: (202) 260-5601

Program Manager Supervisor (or one level above Program Manager)

Name: DAVID WARUNEK

Position Title: IT REQUIREMENTS TEAM SUPERVISOR

Email address: DAVID.WARUNEK@ACF.HHS.GOV

Signature:

Date:

10. Contracting Officer's Approval (Required for proposed contract not to exceed $700,000 (value calculated including all options)): I hereby certify that this justification is accurate and complete to the best of my knowledge. I approve this sole source justification subject to availability of funds, and provided that the services and supplies herein described have otherwise been authorized for acquisition.

Name: Brandon Atchison Phone: 202-897-6678

Signature: Date: 11/7/2024

11. Legal Review:

All J&As greater than $68 million must have a legal review from the General Law Division of the Office of the General Counsel prior to sending it to the Department.

12. OPDIV Competition Advocate Approval (Required for proposed contract over $700,000 but not exceeding $13.5 million value calculated including all options)):

I have reviewed this justification and find that it adequately supports an exception to fair opportunity.

Name: Patrick A Joy Phone: 202-951-0133

Signature: Date: Nov 12, 2024

13. Office of Small and Disadvantaged Business Utilization:

I have reviewed this justification and find that it adequately supports an exception to fair opportunity.

Name: Phone:

Signature: Date:

14. OPDIV HCA Approval (Required for proposed contract over $13.5 million but not exceeding $68 million value calculated including all options)):

Name: Phone:

Signature: Date:

15. Department Competition Advocate:

Concur: Non-Concur:

Signature: Date:

(The below approval paragraph is required if the cumulative contract value, including all options, exceeds $68 million.)

16. HHS Senior Procurement Executive (SPE) Approval:

Based on the foregoing justification, I hereby approve the procurement of stated supplies/services being procured on the exception to the fair opportunity basis pursuant to the authority of paragraph 5, 41 U.S.C. 4101, as implemented by FAR 16.501-2.

State supplies/services being procured:

State the full statutory authority and FAR cite and title, consistent with paragraph 4, e.g. 41 U.S.C. 3304:

Signature: Date:

Template for a Justification for an Exception to Fair Opportunity

Completion Instructions: HHS has established a standard template for the preparation of a Justification for an Exception to Fair Opportunity pursuant to FAR Subpart 16.5 for orders valued at greater than the simplified acquisition threshold, including all options. This template is only applicable when requesting an acquisition as an exception to the fair opportunity process for task- and delivery-order contracts awarded against multiple-award contracts, such as indefinite delivery, indefinite quantity contracts. This template is not for use (i) with small business set asides in accordance with FAR 16.505(b)(2)(i)(F), nor (ii) for Federal Supply Schedule contracts awarded pursuant to FAR 8.4. See FAR Subpart 16.5 for additional guidance.

Tailor all aspects of this template to the individual acquisition. Consult FAR 16.505 for guidance. An addendum may be added in case additional space is needed.

When this document is printed, the blue italic instructions are automatically deleted on the printed version.

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

2. Description of Action:

Nature:

Order Against:

Multiple Award ID/IQ Contract Number:

Pricing:

Funds:

3. Description of Applicable Contract Provisions:

Summarize all contract provisions relevant to this determination.

4. Description of Supplies or Services:

Briefly describe the supplies or services to be provided, including make & model number where appropriate.

· Indicate whether the item to be procured is peculiar to one manufacturer (e.g., a particular brand name, product, or a feature of a product, peculiar to one manufacturer).

· If applicable, include quantities of supplies or period of performance for services. Provide information for any options included in the order.

· If the action is a modification to an existing order, distinguish clearly between the work covered by the basic order and the work to be obtained by the proposed modification; provided that if the action is to extend an existing order utilizing the -8 extension of services clause, this must be discussed.

5. Authority and Rationale:

When citing exception to the fair opportunity process under FAR 16.505(b)(2)(iv), identify the contract clause and language that specifies the minimum guaranteed amount.

Provide a citation to the statutory authorization and a brief description of its content, or identify the specified source or other agency.

6. Agency Actions to Take or Remove Barriers That Led to Fair Opportunity Exception (If applicable):

7. Fair and Reasonable Price/Cost Determination: I hereby determine that the anticipated price/cost for this contract action will be fair and reasonable.

Signature:

Date:

Name:

Title:

Contracting Officer

Program Manager Name:

Position Title:

Email address:

Phone:

Program Manager Supervisor (or one level above Program Manager) Name:

Position Title:

Email address:

Signature:

Date:

Name:

Phone:

Signature:

Date:

11. Legal Review:

All J&As greater than $68 million must have a legal review from the General Law Division of the Office of the General Counsel prior to sending it to the Department.

12. OPDIV Competition Advocate Approval (Required for proposed contract over $700,000 but not exceeding $13.5 million value calculated including all options)):

I have reviewed this justification and find that it adequately supports an exception to fair opportunity.

Name:

Phone:

Signature:

Date:

13. Office of Small and Disadvantaged Business Utilization:

I have reviewed this justification and find that it adequately supports an exception to fair opportunity.

Name:

Phone:

Signature:

Date:

14. OPDIV HCA Approval (Required for proposed contract over $13.5 million but not exceeding $68 million value calculated including all options)):

Name:

Phone:

Signature:

Date:

15. Department Competition Advocate:

Concur:

Non-Concur:

Name:

Phone:

Signature:

Date:

(The below approval paragraph is required if the cumulative contract value, including all options, exceeds $68 million.)

16. HHS Senior Procurement Executive (SPE) Approval:

State supplies/services being procured:

State the full statutory authority and FAR cite and title, consistent with paragraph 4, e.g. 41 U.S.C. 3304:

State the full statutory authority and FAR cite and title, consistent with paragraph 4, e.g. 41 U.S.C. 3304 Name:

Phone:

Signature:

Date:

11.0.0.20130303.1.892433.887364 Justification & Approval - Exemption to Fair Opportunity Health and Human Services Justification & Approval - Exemption to Fair Opportunity

AcquisitionTitle: UC PORTAL MANAGEMENT AND SUPPORT - TRANSITION

Agency: PSC

NIHDrop:

PSCDrop: Other - HHS

PSCOther: Administration for Children and Families (ACF)

AcqusitionYear: 2025

Author: Jonelle Fearon

CheckBox4: 1

CheckBox5: 0

CheckBox1: 0

Purchase Order/Contract Number:

ID/IQ Number:

CheckBox8: 1

CheckBox7: 0

CheckBox6: 0

CheckBox10: 0

CheckBox11: 0

Other Funds:

Insert a description of the techniques and applicable FAR provisions (e.g. FAR 15.404-1(b)) used to ensure award will be at fair and reasonable prices. For example, did the Contracting Officer use a comparison of industry cost for similar work? The Independent Government Cost Estimate (IGCE) will primarily be an analysis of the contractor’s proposed cost. Additionally, the techniques identified at (e.g. FAR 15.404-1(c)(2)(iii)) will be used to further ensure award will be at fair and reasonable prices. IN addition, specify whether or not Certified Cost and Pricing Data will be obtained.: The incumbent contractor, Applied Intellect, is uniquely positioned to deliver the required UC Portal services without interruption while ORR completes the transition to the new contract. Given their comprehensive experience and current operational capabilities, AI possesses in-depth knowledge of the system’s functionalities, configurations, and the sensitive data management protocols essential for UC Portal operations. A smooth and secure transition to the new contractor requires time-intensive, phased activities, including technical and operational testing, functional validation, and detailed knowledge transfer.

Insert a description of the techniques and applicable FAR provisions (e.g. FAR 15.404-1(b)) used to ensure award will be at fair and reasonable prices. For example, did the Contracting Officer use a comparison of industry cost for similar work? The Independent Government Cost Estimate (IGCE) will primarily be an analysis of the contractor’s proposed cost. Additionally, the techniques identified at (e.g. FAR 15.404-1(c)(2)(iii)) will be used to further ensure award will be at fair and reasonable prices. IN addition, specify whether or not Certified Cost and Pricing Data will be obtained.: The agency has conducted a competitive 8(a) set-aside solicitation and source selection process to identify a qualified contractor capable of fulfilling the long-term requirements of the UC Portal system. The new competitively awarded contract is scheduled to commence on December 1, 2024, following a structured transition period.

	Insert a description of the techniques and applicable FAR provisions (e.g. FAR 15.404-1(b)) used to ensure award will be at fair and reasonable prices. For example, did the Contracting Officer use a comparison of industry cost for similar work? The Independent Government Cost Estimate (IGCE) will primarily be an analysis of the contractor’s proposed cost. Additionally, the techniques identified at (e.g. FAR 15.404-1(c)(2)(iii)) will be used to further ensure award will be at fair and reasonable prices. IN addition, specify whether or not Certified Cost and Pricing Data will be obtained.: A determination of fair and reasonable pricing will be conducted prior to award execution. As this is a sole-source, non-competitive action, the Government will utilize a comparative approach to ensure price reasonableness. This assessment will involve comparing the proposed price to the Independent Government Cost Estimate (IGCE), in accordance with FAR 15.404-1(b)(2)(v). Additionally, the CALC Tool will be used to benchmark the proposed price against historical prices paid for similar or identical services, per FAR 15.404-1(b)(2)(ii). This approach allows the Government to validate pricing using commercial market data and historical government pricing for similar requirements, ensuring that the awarded price is fair and reasonable for the services provided.
	TextField7: $2,817,438.82
	Briefly describe the supplies or services to be provided, including make & model number where appropriate.
·	Indicate whether the item to be procured is peculiar to one manufacturer (e.g., a particular brand name, product, or a feature of a product, peculiar to one manufacturer).
·	If applicable, include quantities of supplies or period of performance for services. Provide information for any options included in the order.
·	If the action is a modification to an existing order, distinguish clearly between the work covered by the basic order and the work to be obtained by the proposed modification; provided that if the action is to extend an existing order utilizing the -8 extension of services clause, this must be discussed.: The U.S. Department of Health and Human Services (HHS), Administration for Children and Families (ACF), Office of Refugee Resettlement (ORR) requires uninterrupted services for the management and maintenance of the Unaccompanied Children (UC) online management information system, known as the UC Portal. This system serves as the authoritative record for tracking, managing, and reporting on the welfare of detained unaccompanied children, providing essential support to ORR’s critical mission.

CheckBox12: 1

CheckBox13: 0

CheckBox14: 0

CheckBox15: 0

CheckBox16: 0

HHS Senior Procurement Executive (SPE) signature:

Contract Officer's Approval date: 11/07/2024

Contract Officer's Approval date: 11/7/2024

Contract Officer's Approval name: Brandon Atchison

HHS Senior Procurement Executive (SPE) phone: This action provides for a transition task order from incumbent AI to new competitively awarded contract.

HHS Senior Procurement Executive (SPE) phone: 202-897-6678

HHS Senior Procurement Executive (SPE) phone: 202-951-0133

Program Manager name: JONELLE FEARON

Program Manager position title: FAC-COR & FAC-P/PM - Level III

Program Manager email address: JONELLE.FEARON@ACF.HHS.GOV

Program Manager phone: (202) 260-5601

Program Manager Supervisor name: DAVID WARUNEK

Program Manager Supervisor position title: IT REQUIREMENTS TEAM SUPERVISOR

Program Manager Supervisor email address: DAVID.WARUNEK@ACF.HHS.GOV

Program Manager Supervisor date:

filepath:

State the full statutory authority and FAR cite and title, consistent with paragraph 4, e.g. 41 U.S.C. 3304:

HHS Senior Procurement Executive (SPE) name: Patrick A Joy

DateField6: 2024-11-12

Office of Small Business date:

OPDIV HCA date:

Concur with Acquisition: 0

Non-Concur with Acquisition: 0

HHS Senior Procurement Executive (SPE) date:

State supplies/services being procured: The U.S. Department of Health and Human Services (HHS), Administration for Children and Families (ACF), Office of Refugee Resettlement (ORR) requires uninterrupted services for the management and maintenance of the Unaccompanied Children (UC) online management information system, known as the UC Portal. This system serves as the authoritative record for tracking, managing, and reporting on the welfare of detained unaccompanied children, providing essential support to ORR’s critical mission.

File details come from the government source that posted it. Updated Sep 9, 2026.