18 DACP Signed J A 4-12-11.pdf

J&A No: 11-0008

JUSTIFICAnON AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

Contract No. HQ0006-08-C-0004

1. Introductory Paragraph. Upon the basis of the following justification, 1, as the Missile Defense Agency (MDA) Competition Advocate, hereby approve the issuance of the contractual action discussed below using other than full and open competition , pursuant to the authority cited herein.

2. Agencies and Contracting Activity, (FAR 6.303-2(a)(I). This justification and approval for other than full and open competition is for the MDA, Information Management and Technical Operations (MDAIICT) organization. The contracting activity is the Missile Defense Integration and Operations Center (MDIOC) Contracts Directorate (MDAfDACJ). The point of contact for this action is Mr. Dan Poskey, Contracting Officer, 719-721-9081 /0722.

3. Description of the Action Being Approved, (FAR 6.303-2(a)(2)). MDAlDACJ, in support of MDAIICT, intends to award a sole source, cost-plus-fixed-fec (CPFF), contract modification to MicroTechnologies, LLC to extend their current contract, which currently expires on 16 May 2011.

The contract modification will potentially extend the contract ' s period of performance (PoP) 11.5 months by incorporating a bridge period beginning 17 May 2011 and potentially extending through 30 April 2012. Specifically, the contract shall be modified to include one (I) - 7.5 month (17 May 20 II through 31 December 2011) extension to the current PoP, plus include two (2) - two (2) month option periods (the first beginning I January 2012 and ending 29 February 2012, and the second starting I March 2012 and ending 30 April 2012) if exercised under the authority of FAR 52.217-9 Option to Extend the Term of the Contract. Furthermore, under the authority of FAR 52.217- 8 Option to Extend Services, the services may be extended up to an additional six (6) months, i.e., through 31 October 2012, if continued performance is required by the Government.

4. Description of the Supplies and/or Services Required to Meet the Agency's Needs (including the Estimated Value), (FAR 6.303-2(a)(3». The services required in support of the I 1.5 month extension, inclusive of two (2) each - two (2) month option periods, are for the operation and maintenance of existing and planned video teleconferencing (VTC) infrastructure, facilities, and environment support services across MDA's geographically diverse locations. The estimated value, inclusive of the two (2) - two (2) month option periods, of the 11.5 month extension is $5.4M; the estimated value of the potential six (6) month "Option to Extend Services" period is $2 .7M, if required. FY II and FY 12 Research, Development, Test, and Evaluation (RDT&E) funding is planned for this procurement.

5. Statutory Authority Permitting Other than Full and Open Competition (FAR 6.303-2(a)(4)).

The statutory authority permitting other than full and open competition is 10 USC 2304(c)(1) as implemented in FAR 6.302-1, entitled "Only one responsible source and no other supplies or services will satisfy agency requirements."

6. Demonstration of Contractor's Unique Qualifications (FAR 6.303-2(a)(5». The VTC services are a critical Agency function. MDA 's daily research and development functions and some operational functions, including those related to potential or actual deployments, depend on effective

Source Selection Information See FAR 2.101 & 3.104

FOR OFFICIAL USE ONLY

and accessible VTC capabilities throughout the United States, Europe, Asia and other geographical locations around the world. The operation of this system requires highly specialized persons to oversee, operate, and maintain existing and planned infrastructure, facilities and environment.

Failure of these facilities to operate consistently, and at a moment's notice, could adversely impact mission activities and cause operational mission failure. Tn evaluating the potential for other sources to meet this requirement, the risk associated with unacceptable delays in fulfilling MDA's requirements during any transition period needs to be considered. Further, one must consider the possibility of duplication of costs not expected to be recovered during this interim period prior to full and open competition for long-tenn requirements.

Microtechnologies, LLC employees have both historic and current requisite niche technical expertise to maintain the level of support required by the MDA with no "learning curve" or disruption in service. For the first 5 months of this contract extension period, this action w ill ensure the continuity of operations and avoid a disruption of critical support while the Agency completes implementation of transitional Base Realignment and Closure (BRAC) activities in the HSV and National Capital Regions (NCR). Specifically, this action will ensure continuity and success of testing and acceptance efforts for the new VTC equipment in MOA's Von Braun III office building on Redstone Arsenal and HQCC office building in the NCR. Changing contractors, at a time when the Agency is finalizing BRAC initiatives, would significantly disrupt VTC functions and adversely impact the MDA mission. Moreover, in the very limited timeframe associated with the aforementioned bridge period, no source other than Microtechnologies, LLC could provide the required services without experiencing unacceptable delays in service coverage and significant duplication of costs to MDA.

To just bring a new contractor up to speed, it is estimated that approx imately 20% of the cost of the I 1.5 month bridge period, or $ I .08M, would be required. This figure is based on the inevitable learning curve, including training and familiarization with MOA facilities, personnel, reporting requirements, and other agency unique stand-up requirements. While this VTC requirement is being consolidated with other similar and merging technology requirements for future competition, and planning for that consolidated requirement has commenced, interim coverage can only be perfornled without mission impact by one source.

7. Market Research, FedBizOpps and, Interested Sources, (FAR 6.303-2(a)(6) and (8». Market research clearly supports competing VIC services. In fact, effOlis related to such a follow-on competition were initiated by MDA/TCT in January 20 I 0 and have progressed through the release of a Draft Request for Proposal (RFP) and Pre-Solicitation Conference/Industry Day in December 2010.

A Request for Infonnation/Sources Sought Notice for the VTC follow-on requirement was published on FedBizOpps on 8 March 2010. A pre-solicitation synopsis will be publicized through FedBizOpps as required by FAR subpart 5.2.

8. Determination of Fair and Reasonable Cost, (FAR 6.303-2(a)(7). A thorough evaluation and analysis, lAW FAR Part 15.404, of the proposed costs for the 11.5 month contract extension will be perfonned. This effort will account for information stemming from Defense Contract Audit Agency (DCAA) field pricing support, and involve a direct comparison of proposed costs to actual costs already incurred. Such a comprehensive analysis will provide the Contracting Officer with sufficient data to finalize a cost realism assessment and make a determination as to overall price ta irness/reasonab leness.

9. Actions Taken to Remove Barriers to Competition (FAR 6.303-2(a)(11). There are no known future barriers to competition for this requirement. This contract modification, and associated PoP extension, will provide the additional time required to implement a recently revised acquisition strategy, complete a competitive source selection, and then award a new follow-on contract. A re competition effort for the VTC follow-on contract was begun by MDA/ ICT in January 2010 and progressed through the release of a Draft Request for Proposal (RFP) and Pre-Solicitation Conference/Industry Day in December 2010. A Request for Infonnation/Sources Sought Notice for the VTC follow-on requirement was published on FedBizOpps on 8 March 20 10. Based on the capability and number of SDVOSB concerns responding to the Sources Sought Notice, it was detennined that SDVOSB concerns are sufficient in number and capable of performing the VTC work.

However, in January 2011, the acquisition was temporarily postponed to review the acquisition strategy and requirement. During that time, the White House released a 25 Point Implementation

Plan to Refonn Federal Information Technology Management and DoD released the Infonnation

Technology Consolidation Strategy and Roadmap (draft), both requiring agencies to consolidate

Information Technology infrastructure and achieve other related efficiencies and cost savings.

Coincidentally, Agency budget requirements were also driving the need to re-evaluate methods for achieving greater efficiency and effectiveness at a lower costs, With a view towards the rapidly changing (merging) IT environment, and the potential for related efficiency gains, the Agency commenced a consolidation review process to cons ider combining VTC requirements with other compatible merging technologies. A revised competitive acquisition strategy for the recompetition of the VTC support requirements and consolidation of other like technologies was approved by

MDA/DA on 28 March 2011. The consolidation of requirements was reviewed and detennined to be necessary to satisfy the Agency's needs, and is currently pending final approval by the Senior

Procurement Executive (MDAID) . This consolidation is necessary to I) properly align requirements with merging software based technologies 2) gain efficiencies and cost savings by voiding duplicative contract overhead, administrative, and management costs, and 3) prepare to merge

Infonnation Technology back office infrastructure into either a commercial or DoD cloud computing environment. The acquisition process for this competition is continuing with an anticipated contract award in November 20 II . This revised contract has been named the Missile Defense Agency

!nfonnation Technology Collaboration ~ervices (MICS), H9500 1-\ O-R-OOO I. The competitive acquisition has been set-aside for Service Disabled Veteran Owned Small Business (SDVOSB) concerns; market research and industry interest indicates there will be adequate competition.

10. Technical/Requirements Certification (FAR 6.303-2b): I certify that this justification for other than full and open competition is made in good faith and that the supporting data and information are complete and accurate to the best of my knowledge and belief. I further certi fy that this request is not the result of a lack of advance planning.

DATE

11. Contracting Officer (FAR 6.303-2(a)(12»: I have determined that the anticipated cost to the government will be fair and reasonable, and certify that the justification is accurate and com lete to the best of my knowledge and belief.

DATE

12. Legal Counsel: I have reviewed the justification and determined it to be legally sufficient.

DATE I '

Legal Counsel, MDAlGC

13. Cognizant DAC 4-Ltr Review: I have reviewed the justification and recommend it be

2 ! t11l/~A Z-c l~r'2 '01 (

DATE

14. Competition Advocate Approval: In accordance with FAR 6.304, the above justification for other than full 3\ open competition is hereby approved.

approved .

Y2A

ROXA

DIOC, MDAlDACJ

DATE