Justification for Exception to Fair Opportunity (JEFO) for Amazon Web Services Cloud Hosting and Marketplace Services

CBP intends to issue a modification to the firm, fixed-price (FFP) Delivery Order (DO) 70B04C24F00000413 for Amazon Web Services (AWS) Cloud Hosting and Marketplace Services in accordance with Revolutionary FAR Overhaul (RFO) 52.212-4 (d), Terms and Conditions – Commercial Products and Services – Changes, appearing at Federal Acquisition Regulation (FAR) 52.212-4(c), and RFO 16.507-6(b)(1).

This modification action will bilaterally incorporate (RFO) 52.217-8, Option to Extend Services, extending the DO’s period of performance (PoP).

A commercial brand-name Justification for Exception to Fair Opportunity (JEO) was previously approved to compete DO# 70B04C24F00000413 pursuant to FAR 16.505(a)(4) under the National Aeronautics and Space Administration (NASA) Solutions for Enterprise-Wide Procurement (SEWP) V, an indefinite-delivery, indefinitequantity (IDIQ) Government-Wide Acquisition Contract (GWAC), amongst Groups B, C, and D small business contract awardees authorized to resell the proprietary brand-name services.

The modification to extend services under DO# 70B04C24F00000413 effectively increases the potential DO value and extends the PoP, inclusive of all options, from a 12-month base period and a 12-month option period to a 12-month base period, a 12-month option period, and a six (6) month option extension to provide for the continuity of AWS Cloud Hosting and Marketplace Services and time to adequately recompete the new requirement.