The Department of Homeland Security, U.S. Immigration and Customs Enforcement (ICE), Office of Acquisition Management (OAQ), prepared this justification for an exception to fair opportunity on behalf of the Student and Exchange Visitor Program (SEVP).

Brief Description: OAQ intends to procure, on a sole source basis, Adjudication and Compliance Support (ACS) Data Analytic Support Services from the following company to avoid a lapse in service:

Booz Allen Hamilton Inc.
8283 Greensboro Drive
McLean, VA 22102-3830

SEVP requires ACS Data Analytic Support Services for up to six (6) months at a total cost of $1,703,448.00. This sole source is required to prevent a lapse of service until the new award can be put in place. The anticipated period of performance of this Task Order will consist of a 4-month base period and two (2) 1-month option periods.

 

Rationale:

ICE/OAQ intends to procure ACS Data Analytic support services as a logical follow-on to an order already issued under the contract. The current contract period of performance expires on October 31, 2024. The recompete effort is underway with an estimated award to occur in January 2025. To avoid a lapse in service between the current contract end date and the new contract award date, and account for the potential for protests on the new award, it is in the Government’s best interest to award a short-term interim contract for up to six (6) months to Booz Allen Hamilton, Inc.

Issuing a new solicitation for a short-term interim contract would incur unnecessary costs, effort, and time without providing any benefits to the government. A new vendor would need additional time to navigate through the security clearance processes and would lack insight into ongoing projects, making it difficult to effectively assimilate and begin work.

Furthermore, the limited duration of the contract would not allow sufficient time for the new vendor to complete meaningful tasks that could benefit SEVP. This transition would also divert resources from the agency’s staff, leading to potential disruptions and inefficiencies, ultimately making it more advantageous to retain the incumbent vendor, who is already familiar with the agency’s needs and operations. If an interim task order is not awarded, SEVP is unable to continue its administrative data analysis support services with subject matter expert level of knowledge and critical information needed for effective continuation and management of SEVP’s tracking of foreign students and exchange visitors in the United States, as well as continued technical, analytical, program management, administration, and adjudication support to specific SEVP processes.

Booz Allen Hamilton, Inc. is the only source capable of immediately providing the specific data analytic support services on an uninterrupted basis and to allow for a seamless transition to a new contractor at the level of quality required by SEVP. Booz Allen’s assigned personnel currently demonstrate subject matter expert level of knowledge and critical information needed for effective continuation and management of data analysis. SEVP’s continuous need for the tracking of foreign students and exchange visitors in the United States, as well as continued technical, analytical, program management, administration, and adjudication support to specific SEVP processes makes Booz Allen the only vendor capable of providing consecutive support without a lapse in services. Booz Allen also provides subject matter expert communications support to the Student and Exchange Visitor Information System (SEVIS). For these reasons, Booz Allen is the only source capable of performing these services at the level of quality required by SEVP because the services are urgent, and continuity is essential until a new contract is awarded.

Explanation:

The requirements have changed for the current Adjudication and Compliance contract. The Government has determined that in order to meet the new requirements, the contract must be separated in to an Adjudication and Compliance Support contract, as well as a Data Analytics Support contract in order to accommodate the needs of the SEVP. This is the barrier that led to the exception to fair opportunity. The agency will overcome these barriers in the future, by ensuring requirements are evaluated and defined early on in the procurement process. The requirement is being competed. That competitive action is underway; solicitation recently issued by GSA contracting officer. Competitive award is anticipated in January 2025. Once the new order is put into place there will no longer be a need to sole source this requirement.

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