FAR 16 Justification for Exception to Fair Opportunity - NCSES Content Management Final.pdf

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

ORDERS EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

This acquisition is conducted under the authority of the VETS II GSA GWAC, FAR 16.505(b)(2) Exceptions to Fair Opportunity, and 40 U.S.C. 501, Services for Executive Agencies.

1. Agency and Contracting Activity.

The National Science Foundation (NSF), Division of Administrative and Cooperative Support (DACS), on behalf of the National Center for Science and Engineering Statistics (NCSES), proposes to award an order pursuant to FAR 16.505(b)(2)(i), Exceptions to the Fair Opportunity Process.

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

(a) Type of action: Time and Materials Order against Penbay Technology Group LLC (PenBay) VETS 2 GWAC Contract No. 47QTCH18D0050.

(b) Amount of the current JEFO is justifying: $9,000,000.00

(c) Brief Description: DACS intends to procure, on a sole source basis from PenBay, a contractor to execute web support services. The website contains data and information in a variety of formats, including data tables, data tools, and applications for online data interaction. The following is PenBay’s information:

Penbay Technology Group LLC 302 Winding Way Union Hall VA 24176

3. Description of Supplies/Services.

NSF/NCSES previously contracted with PenBay under VETS 2 GWAC Contract No.

47QTCH18D0050, task order no. 49100420F0057 to provide a contractor support to execute web support services. The website contains data and information in a variety of formats, including data tables, data tools, and applications for online data interaction. All NCSES’s reports are released in electronic format. NCSES posts its reports on NSF’s centrally administered web servers. Support for this work is critical for NCSES to meet its mandate according to the National Science Foundation Act of 1950 by Section 505 of the America COMPETES Reauthorization Act of 2010.

Specifically, PenBay will provide web programming and design services to maintain, modify, and enhance the existing NCSES web presence. Support is required for the NCSES portion of the NSF website https://www.nsf.gov/statistics/, https://ncses.nsf.gov, and intranet, which includes, but is not limited to, website design and redesign (including usability and accessibility), development, and maintenance; applications development and maintenance, electronic publication of statistical reports and related information; documentation; quality assurance; and accessibility. Work activities are primarily in a Linux environment. However, maintenance and support for NSF’s Windows server that host legacy systems are also provided. PenBay will provide a team to maintain a large and complex website presence.

This includes both management and technical skills to accomplish a variety of programming, presentation, and user- oriented activities. PenBay will support development and maintenance of NCSES' Content Management System including but not limited to migration of a variety of content types for presentation on the web. In particular, PenBay will work with complex documents such as reports consisting largely of statistical data (both tabular and graphical form) and analysis.

This Justification for Exception to Fair Opportunity approves the continuation of these services.

4. Identification of the exception to fair opportunity.

Authority:

Pursuant to FAR 16.505(b)(2)(i) below:

FAR 16.505(b)(2)(i)(C) The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

Rationale:

NSF/NCSES intends to continue procuring services to support a fully functional content management system. Currently the NSF is evaluating a variety of possible options for future evolution of the currently provisioned content management system and broader web services support. As a result, there is near term (1-3 years) planning to change large portions of the current support to utilize new methods and tools.

The original order was solicited and awarded utilizing the VETS II GSA GWAC, and the competition resulted in award on the basis of best value to Pen Bay. As this was competitively solicited under the VETS II vehicle, the VETS II awardees were provided fair opportunity to be considered for the original order.

In order to facilitate development of those efforts, while ensuring a stable, steady state, a contract structured as the logical follow-on to the originally competed order is required.

Transitioning to a novel provider at the current stage would entail a major transition effort just as requirements and pre-procurement efforts are being solidified, removing limited resources from those efforts at a critical time. As the current system has been altered and customized during contract performance to meet the historical requirements of the NCSES, the logical and most efficient path is to award a successor contract to the incumbent to avoid the administrative and organizational overhead associated with changing development support. At the current time, NSF needs to rely upon the developer who designed and built the current structures for effective and efficient support while alternate avenues are being evaluated.

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

The Contracting Officer has determined that issuing the Task Order to PenBay to continue services represents the best value and will result in the lowest overall cost, considering price and administrative costs, to meet the Government’s needs. This order will be placed in accordance with FAR 16.505 and the GSA VETS II GWAC rules. The General Services Administration (GSA) has already negotiated fair and reasonable pricing rates. Discounts to these rates will be requested. Additionally, prior to issuance of the task order, the ordering activity will consider the level of effort and the mix of labor proposed to perform the specific task being ordered in order to determine that the total price is reasonable. The contractor’s labor mix and level of effort will also be compared to the Independent Government Cost Estimate (IGCE).

6. Any other facts supporting the justification.

Not Applicable.

7. The actions the agency may take to remove or overcome any barriers that led to the exception to fair opportunity.

NSF is currently developing requirements for utilization of novel developments in web services and data presentation. The NSF has issued an RFI (49100423K0001) to develop an understanding of industry’s capabilities. Requirements for a transformational effort to redefine existing support requirements are currently in draft format. The NSF is preparing to conduct further market research and requirements development, and will prepare to issue a competition for the newly defined requirement once final. Currently the cost associated with awarding to a new support provider makes a transition prohibitive at this time.

8. 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 for Exception to Fair Opportunity, are accurate and complete.

Technical Representative/COR Date

9. Contracting Officer Certification and/or Approval

Pursuant to FAR 16.505(b)(2)(ii)(B)(8), I certify that the Justification for Exception to Fair Opportunity is accurate and complete to the best of my knowledge and belief:

Contracting Officer Date

RAJINDER S

RAUT

Digitally signed by RAJINDER

S RAUT

Date: 2023.08.03 15:44:08 -04'00' 8/3/23

8/3/23

JONATHAN P

SCHMEELK

Digitally signed by

JONATHAN P SCHMEELK

Date: 2023.08.03 14:59:07 -04'00'

10. Competition Advocate Approval

Pursuant to , I the Justification for Exception to Fair Opportunity

Competition Advocate Date

8/22/23JASON R BOSSIE

Digitally signed by JASON R

BOSSIE

Date: 2023.08.22 16:48:05 -04'00'