Updated_9-11-25 JEFO_Exceeding_SAT Avengers Final.pdf

Attachment 6 U.S. Customs and Border Protection

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

Version 2.0 September 2025

Date: __9/11/25________ PR Number: __20150518_____________

1. Agency and Contracting Activity.

The United States Department of Homeland Security, Customs and Border Protection, Office of Field Operations – Office of Acquisition Division, in concert with Procurement Directorate, proposes to enter into a contract on a basis Other Than Full and Open Competition.

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

CBP intends to award a task/delivery order without considering other awardees under OASIS+ under contract number 47QRCA25DU100 pursuant to FAR 16.505(b)(2)(i)(A).

Customs and Border Protection intends to procure on a Sole Source basis due to the government’s need for consistency and continuity of these services without interruption as the overall effort progresses through its phases. It is necessary to award this contract to the incumbent contractor, Booz Allen Hamilton Inc., 8283 Greensboro Drive, McLean, VA 22102- 3838. Only Booz Allen Hamilton Inc. can perform this work given the immediate need, Background Investigation (BI) clearances, transition time, and knowledge transfer for seamless services necessary to continue meeting mission critical milestones.

This is a Time and Materials contract. The current contract #70B03C21F00000729 ends on September 29, 2025.

The 21st century security landscape is very complex with threats from traditional state- and military-based adversaries in addition to the growing ideological and asymmetrical threat posed by non-state adversaries. Non-state adversaries often move in smaller entities; however, their relative destructive capacity has proven serious and potent. Individuals motivated by personal grievances or ideology often choose highly vulnerable targets with the potential for significant loss of life and/or inflict widespread fear and panic. While the activities of non-state adversaries may seem irrational and impulsive, in reality these groups are often very sophisticated and highly coordinated.

Addressing these threats requires an integrated, comprehensive, and reflective approach that is more innovative, agile, and forward-leaning than our adversaries. Understanding the requirements to handle such challenges at the national level, United States Customs and Border Protection established the National Targeting Center Counter Network Division in 2015 to maximize Customs and Border Protection’s unique position in the law enforcement community based on the agency’s authorities, data, competencies, and partnerships. The Counter Network Division, by virtue of its innovative network-based research capabilities and emphasis on partnerships, serves as a critical node in a well-informed, highly agile, and integrated community of stakeholders to enhance operational activities against terrorism and transnational crime.

The Counter Network Division supports Customs and Border Protection, the Department of Homeland Security, and numerous interagency law enforcement and intelligence communities in developing an interoperable counter network process that provides a comprehensive understanding of emerging threats. The Counter Network Division is proactively collecting, harnessing and applying the power of data, intelligence, and advanced analytics. The Counter Network Division analysts, along with Customs and Border Protection’s tactical targeting/analytical units, intelligence support cells, and enforcement units, use a combination of commercially available tools and tradecraft to exploit various data sources in their targeting, vetting, and network development and analysis workflows. This analysis enhances the understanding of illicit networks (terrorism, human smuggling, narcotics, and illicit trade/finance) and illuminates opportunities to disrupt and dismantle illicit operations. These investments will enable Customs and Border Protection personnel to make timely decisions informed by quality data, intelligence, and analytics, and provide agents greater access to the technology needed to protect our homeland.

In 2016, the Counter Network Division established the Team Avengers program to provide analytical support and rapid prototype / methodology development to elements within Customs and Border Protection and Department of Homeland Security. The team is composed of highly skilled experts from a variety of fields. These experts are software developers, all-source intelligence analysts, and data scientists who work to provide simple solutions to extremely complex problems. Team Avengers is directly embedded with the Counter Network Division, and develops intricate and custom Information Technology capabilities and tools which are rapidly prototyped and deployed in a matter of days, in certain instances. The team possesses the unique ability to innovate, adapt and meet additional, as-needed support while leveraging and streamlining analytical workflows and standardizing processes based upon Customs and Border Protection targeting and research operations.

These services will ensure the continuation of invaluable support that directly facilitates Customs and Border Protection operational units through rapid aggregation, fusion, dissemination of operational information, intelligence, and technology solutions thus enabling Customs and Border Protection operators to respond to emerging and imminent threats. In addition, the software team provides direct operational support to Customs and Border Protection by delivering innovative, mission-focused capabilities that can be used at the tactical edge to streamline Customs and Border Protection identification of threats.

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

This contract will support the Office of Field Operations, National Targeting Center, Counter Network Division, Department of Homeland Security, and other interagency law enforcement and intelligence community partners by providing mission support services, information technology, analytical support and rapid prototype / methodology development to elements within Customs and Border Protection and Department of Homeland Security. They develop intricate and custom information technology capabilities and tools which are rapidly prototyped and deployed in a matter of days, in certain instances. The contract will provide direct support to Customs and Border Protection operational units through rapid aggregation, fusion, and dissemination of operational information, intelligence, and technology solutions to respond to emerging and imminent threats.

This procurement will provide reliable mission support services to Customs and Border Protection, National Targeting Center. This procurement provides direct support to Customs and Border Protection operational units through rapid aggregation, fusion, and dissemination of operational information, intelligence, and technology solutions to respond to emerging and imminent threats. This team solves emerging and sometimes longer-term analytical problems/questions through implementation of custom developed capabilities which incorporate technologies from public, private, and academic sectors and can be rapidly deployed. The contractor provides training to a wide variety of employees within Customs and Border Protection, Department of Homeland Security, and United States Government partner agencies on tools, applications, and workflows which encompasses the breadth of Customs and Border Protection mission, authorities, and statutory regulations. The National Targeting Center works jointly with Border Patrol and the Joint Security Program to mitigate the northward movement of the Terrorist Screening Database matched persons through the Western Hemisphere enroute to the United States border. This campaign - Operation Southern Approach - utilizes a layered enforcement strategy and leverages existing relationships with Customs and Border Protection Attaché offices, Federal Bureau of Investigations Legal Attachés, and other United States Government partners. The ultimate goal is to build the capacity for in-country interagency teams to be able to execute removal operations independently from various Headquarters elements.

The estimated value of the new contract, including the Option Periods, are as follows:

Period Unit Price Total

Base Year 6 mo. $833,250 $4,523,196.00 Option Period 1 3 mo. $833,250 $2,269,293.50 Option Period 2 3 Mo. $833,250 $2,269,293.50

Total $9,061,783.00

This contract will use current Fiscal Year 2025 funding, Operations and Support funds.

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.

____X____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 need for this short term sole source is not due to a lack of agency advance planning but due to other competing priorities that took precedent in FY25 and the uncertainty of funding availability in FY25. The preparation for a competitive procurement in FY26 is well under way.

Due to the government’s need for consistency and continuity of these services without interruption as the overall effort progresses through its phases, it is necessary to award this contract to the incumbent contractor, Booz Allen & Hamilton, Inc. Only Booz Allen & Hamilton, Inc. can perform this work given the immediate need, BI clearances, transition time, and knowledge transfer for seamless services necessary to continue meeting mission critical milestones.

The Sole Source procurement will ensure seamless continuation of the ongoing efforts and the mission critical work that the National Targeting Center performs. Any gap in support services resulting from the need to clear and assimilate a new support staff would delay the National Targeting Center’s ability to achieve Full Operating Capability on schedule which would create severe risk to operations and have significant cost implications.

The effort and time required for knowledge transfer to a new contractor is estimated to take a minimum of six months in best case estimations and a year for a worst-case scenario.

Additionally, a law enforcement level 4 background investigation (BI) takes six months to 18-months to process and clear, which adds a significant hurdle in onboarding personnel. Most Customs and Border Protection programs see their highest attrition rate of qualified candidates during the Background Investigation process. Currently, a Sole Source Procurement is the only option for continued service.

A decrease in team expertise at this juncture would adversely impact support to the National Targeting Center and the overall homeland security efforts. The current team profile is appropriate for the current mission needs.

Continuity of services is necessary to meet mission critical functions. This contract award will ensure that all deliverables can seamlessly continue. Any gap in support services will delay the National Targeting Center’s ability to achieve Full Operating Capability on schedule which would create severe risk to operations and mission.

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

The contracting officer has determined that awarding to Booz Allen Hamilton Inc. represents the best value for meeting the Government’s needs. This award will result in the lowest overall cost, taking into account both price and administrative expenses. The General Services Administration (GSA) has already established a fair and reasonable price at the Federal Supply Schedule (FSS) level. Furthermore, the proposed pricing will be negotiated below the GSA established rates, and the labor mix will be thoroughly evaluated for reasonableness prior to award. Pricing will also be compared to the IGCE.

6. Any other facts supporting the justification.

Over the course of the past two years, the current incumbent has supported critical integration of analytic capabilities for the Southwest Border, Counter Fentanyl, human migration, and counter-intelligence threats as the result of the National Targeting Center’s Counter-Terrorism Division and the Document and Media Exploitation program structural realignment into the Counter Network Division. Similarly, Booz Allen & Hamilton supported the integration and evaluation of analytic tools and techniques for Counter Network Division’s newly absorbed Southwest Border Targeting Unit and Targeting Business Division. As the National Targeting Center has grown in size and scope of mission, the Avengers team has absorbed the new requirements and applied existing analytic methods and created new methods and tools to address the expanded enterprise of the National Targeting Center mission.

In addition, over the last two years the continuing crises at the Southwest Border, including human migration, fentanyl, and counter-intelligence threats, have necessitated additional Subject Matter Experts, as well as data science and developer skillsets. These threats and the demand on Team Avengers show no sign of slowing down. The current incumbent team is being asked to provide new analytic support and tools to generate actionable intelligence from cryptocurrency, vehicle telematics, and drone exploitation.

In May of 2025 a Request for Information (RFI) was posted on GSA and the results showed that other sources may be available that can meet the requirements and allow for a competitive requirement which will be pursued for a long-term contract in FY26. However, in order to meet the National Targeting Center’s immediate need and maintain the current level of operation a sole source award is required that will include a six (6) month base period, and two three (3) month option periods in order to maintain operations and the security of the United States. This Sole Source award is intended as a stop-gap before DHS/CBP engages in full and open competition.

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.

CBP is working on a complete procurement package to execute a competitive acquisition in

FY26.

8. CBP 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.

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:

Contracting Officer Date

*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 $750,000, 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 CBP, the contracting officer should sign each justification prior to approval by the next higher level (e.g., Competition Advocate, HCA, and/or CPO).

12. COMPETITION ADVOCATE (Per FAR 16.505(b)(2)(ii)(C)(2) - Exceeding $750,000 to $15M)

Approved Disapproved

Name (Print): ________________________ Competition Advocate

Signature: ___________________________ Date: _____________

BBF6CRV

Accepted

Name (Print): ________________________