A08 JOFOC AOP5Attachment.pdf

Page 1 Attachment 6 - AOP No. 5, J&A - Other Than Full and Open Competition, 5/28/19

Justification for Exception to Fair Opportunity United States Department of Agriculture

FAR 16.505

1. Identification of the agency and the contracting activity.

United States Department of Agriculture, National Information Technology Center, 8930 Ward Parkway, Kansas City, MO 64114

2. The nature and/or description of the action being approved.

The USDA proposes to issue a direct award task order on a firm fixed-price basis with ECCO Systems to perform system documentation updates for a FedRAMP system.

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

The DISC intends to expand its FedRAMP Agency ATO for its DISC vGov cloud services system to include the Mainframe services offering which will allow DISC to expand its support non-USDA Mainframe customers.

The objective of this effort is to obtain services from a FedRAMP-certified third-party assessment organization (3PAO) to create the proper documentation to support a FedRAMP Agency ATO and an IL4 ATO for the DISC using the most up to date templates from FedRAMP.

This project will include updating and creating the documentation required to support a FedRAMP Agency ATO of DISC’s PaaS and IaaS Services. The updated documentation will include the current vGov Cloud services system, along with the DISC Mainframe PaaS and IaaS offerings into the most up to date templates provided by FedRAMP and DISA.

Base year estimated value is $250K, each option year after that is the same, there are 4 anticipated option periods for a total estimated cost of approximately $1M.

4. Identification of the exception to fair opportunity and supporting rationale.

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

The 8(a) STARS II GWAC (STARS II) is a competitively awarded, multiple-award, indefinite-delivery, indefinite-quantity contract. STARS II was authorized under the provisions of Section 8(a) of the Small Business Act 15 U.S.C. 637(a) and retains the 8(a) sole source, or “directed order,” authority found in FAR 19.8. STARS II resulted from a competitive 8(a) procurement, which was offered to and accepted into the SBA 8(a) program. Given that STARS II was established for exclusive participation among 8(a) contractors, the entire GWAC was accepted into the 8(a) program and all industry partners were verified by SBA as 8(a) eligible prior to GWAC award, as a result individual orders do not have to be offered and accepted into the 8(a) program and 8(a) eligibility of the industry partners has already been verified by GSA.

Page 2 Attachment 6 - AOP No. 5, J&A - Other Than Full and Open Competition, 5/28/19

STARS II allows for directed orders under the competitive threshold, currently $4.0 million, per FAR 19.805-1(a)(2), and has the same, per order, ceiling on directed orders for all industry partners.

The rationale at FAR 19.804-2(a)10, (i) or (ii), is germane to directed orders.

5. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The order is priced with GSA rates which are previously determined to be fair and reasonable.

6. Any other facts to support the justification.

Initial market research indicated that the products were available via NASA SEWP and GSA schedule. Two RFQs were posted in an attempt to achieve price competition and get a quote howver no quotes were received in response to either RFQ. Additional market research was conducted and it was determined that the requirement for 3PAO was preventing vendors from submitting a quote. The CO determined that in order to meet the agency need quickly after being delayed by the two failed RFQs was to contract with an 8(a) GSA STARS II vendor who can partner with a 3PAO vendor to meet the requirement. USDA has an exceptional working relationship with ECCO Select for 24x7x365 services at DISC, the same customer requiring the 3PAO services. Awarding to ECCO Select would reduce contractor security onboarding time and allow for the vendor to start work almost immediately.

7. A statement of actions, if any, the agency may take to remove or overcome any barriers to competition if subsequent acquisitions are anticipated.

This is a one-time purchase in support of final certification of the FedRAMP environment.

Page 3 Attachment 6 - AOP No. 5, J&A - Other Than Full and Open Competition, 5/28/19

Certifications & Approval

Supporting data that form the basis for and included in this justification is certified accurate and complete.

Brandon Sifford Risk Management Team Lead

The information contained in this justification is certified accurate and complete to the best of my knowledge and belief.

Victoria Baca Contracting Officer

Additional Reviews & Approvals

Signatures are required at each threshold up to the total estimated dollar value of the acquisition

Contracting Branch Chief (if not the Contracting Officer) (if over $700,000). I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief.

John Selenske Contracting Branch Chief

POD Competition Advocate (if over $700,000). I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief.

Danielle Knipper Competition Advocate, Procurement Operations Division

POD Procurement Analyst (if over $1 million). I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief.

Insert Name of the Procurement Analyst Procurement Analyst, Procurement Operations Division

BRANDON SIFFORD Digitally signed by BRANDON SIFFORD Date: 2020.01.15 18:27:19 -06'00'

01/16/2020

01/22/2020

Page 4 Attachment 6 - AOP No. 5, J&A - Other Than Full and Open Competition, 5/28/19

POD Deputy Chief (if over $1 million). I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief.

Insert Name of the POD Deputy Chief Deputy Chief, Procurement Operations Division

Procuring Activity Competition Advocate (if over $1 million, but not exceeding $13.5 million).

I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief. Therefore, unless additional approvals are required as prescribed below, as advocate for competition for the procuring activity, I hereby approve this justification.

Insert Name of the Procuring Activity Competition Advocate Chief, Procurement Operations Division Procuring Activity Advocate for Competition

Head of the Procuring Activity (if over $13.5 million, but not exceeding $68 million). I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief. Therefore, unless additional approvals are required as prescribed below, as Head of the Procuring Activity, I hereby approve this justification.

Insert Name of the Head of the Procuring Activity Head of the Procuring Activity United States Department of Agriculture

Senior Procurement Executive of the Agency (if over $68 million). I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief. Therefore, as the Senior Procurement Executive, I hereby approve this justification.

Insert Name of the Senior Procurement Executive Senior Procurement Executive United States Department of Agriculture

Page 5 Attachment 6 - AOP No. 5, J&A - Other Than Full and Open Competition, 5/28/19

Notes and Guidance. Delete these notes prior to finalizing document for signature.

Pursuant to FAR 16.505(b)(2)(i), every awardee of a multiple award contract shall be given a fair opportunity to be considered for a delivery/task order exceeding $3,500, unless one of the statutory exceptions at 16.505(b)(2)(i)(A) through (F) applies (see paragraph (4) of the form). Justifications for exception to fair opportunity, including brand name requirements, shall be in writing, unless the exception at 16.505(b)(2)(i)(F) applies.

Brand Name. Items peculiar to one manufacturer can be a particular brand name, product, or feature of a product, peculiar to one manufacturer. A brand name item, whether available on one or more multiple award contracts, is an item peculiar to one manufacturer. Brand name specifications shall not be used unless the particular brand name, product or feature is essential to the Government’s requirements and market research indicates other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet the Agency’s needs. Requirement for use of items peculiar to one manufacturer shall be justified and approved in accordance with FAR 16.505(a)(4). See below for posting of brand name requirements.

Program personnel are advised to work with contracting personnel early on in order to promote and provide for full and open competition amongst awardees to the maximum extent practicable. In circumstances where an exception to fair opportunities apply, program personnel shall provide necessary information to contracting personnel to support and document the exception to fair opportunity, including use of brand name specifications, through the use of this form.

Posting. In accordance with FAR 16.505(b)(2)(ii)(D), within 14 days after placing an order exceeding the Simplified Acquisition Threshold that does not provide for fair opportunity, the Contracting Officer shall publish a notice in accordance with FAR 5.301 and make publicly available the justification (except for brand name justifications). The justification shall be posted at the GPE (www.fedbizops.gov) and must remain posted for a minimum of 30 days. In the case of unusual and compelling urgency, the justification shall be posted within 30 days of the order. For brand-name requirements in excess of $30,000, the Contracting Officer shall post the justification and supporting documentation on the agency website used (if any) to solicit offers for orders under the contract; or provide the justification and supporting documentation along with the solicitation to all contract awardees.

Screening. Before posting this Justification, in accordance with FAR 16.505(b)(2)(ii)(D)(4) and 24.2, the Contracting Officer is responsible to redact any information that is exempt from disclosure under Freedom of Information Act or information proprietary to the contractor.

Signatures. After review and completion by the Program Office and Contracting Officer, the Word document shall be converted to an Adobe PDF file, and then routed for electronic signatures.

Signature blocks shall include dates.