70Z03820QM0000005-Approved JA.pdf

Information Systems Division (ISD) Bridge

RFQ #70Z03820QM0000005

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. 1901

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) Subpart 13.501 and in accordance with the requirements of FAR Subpart 13.501, the justification for the use of the statutory authority under FAR Subpart 13.5 is justified by the following facts and rationale required under FAR Subpart 13.501(a)(1) as follows:

1. Agency and Contracting Activity.

The U.S. Coast Guard (USCG), Aviation Logistics Center (ALC), Information Systems

Division (ISD), Contracting proposes to enter into a contract on a basis other than full and open competition.

2. Nature and/or Description of the Action being Approved.

(a) Nature of the action: The USCG intends to procure on an urgent and compelling basis ISD Professional services to include providing information technology (IT) support for the Asset Logistics Management

Information System (ALMIS), Aviation Logistics Center Sensitive But

Unclassified Local Area Network (ALC SBULAN), and the ALMIS integration to the Coast Guard Logistics Information Management System

(CG-LIMS).

(b) Name and address of the contractor:

VariQ Corporation

2600 Tower Oaks Blvd. Ste. 300

Rockville, MD, 20852-4246

(c) Type of action: Firm Fixed-Price Contract, Contract Modification, etc.;

Firm Fixed-Price Contract.

(d) Estimated total value (including options): $2,993,682.08 broken down as follows:

Item Description Qty Unit Unit Price Total

Development Team (Team 1) 4 MO $356,886.75 $1,427,547.00

Business Analyst Team (Team 2) 4 MO $39,476.10 $157,904.40

Configuration Management Team

(Team 3)

4 MO $15,147.89 $60,591.56

Security Team (Team 4) 4 MO $25,372.58 $101,490.32

Operations Support Team (Team 5) 4 MO $175,284.02 $701,136.08

CG-LIMS Team (Team 6) 4 MO $136,253.18 $545,012.72

The estimate is based on the pricing from task order number HSCG38-14-J-

410005 which expired on 03/01/20. The period of performance for this effort is

03/17/20 – 07/16/20.

(e) Type of funding: Operations and Maintenance funds

(f) Year of funding: Fiscal Year 2020

(g) Solicitation number: 70Z03820QM0000005

(h) Background information about the requirement:

These services were previously provided under a mandatory strategic sourcing vehicle

(Eagle II), under task order number HSCG38-14-J-410005, which expired on 03/01/20. A new task order was awarded under the National Institutes of Health Chief Information

Officer – Solutions and Partners 3 Small Business Schedule (CIO-SP3 SB), on 02/26/20.

However, due to the filing of two (2) timely protests, a stay of performance was placed on 03/10/20, leaving the systems necessary for USCG Mission Operations at significant risk of degradation.

Because there would not be a contract vehicle in place to continue critical services as of

03/02/20, it was determined that a four (4) month contract would be established with

VariQ, as further explained herein.

3. Description of Supplies/Services.

The requirement is to obtain services for IT support and the required on-site technical personnel for mission support for ALMIS, SBULAN, and the ALMIS integration into

CG-LIMS. This support includes overall operations of logistics focused on engineered IT systems at ALC and the USCG’s enterprise logistics information system (ALMIS) and the ALC SBULAN. Examples of support include planning, applications development, application integration, web development, database engineering, database administration, system engineering, system administration, business analysis, configuration management, quality assurance, customer support, system security, network support, and desktop support.

These services directly support the systems that impact USCG maintenance personnel supporting assets of the modernized USCG with over 19,000 active users. The systems supported serve as a repository for all maintenance of USCG aircraft, mission capability status, and availability of parts and components for USCG critical aircraft, among many other services necessary to maintain and operate USCG aircraft. Without support of these systems the USCG would be unable to determine the availability and maintenance status of the aircraft providing life-saving services, which would eventually cause Aircraft on

Ground (AoG) status.

4. Identification of Statutory Authority Permitting Other Than Full and Open

Competition.

The statutory authority permitting other than full and open competition is 41 U.S.C.

1901, as implemented by FAR 13.501.

5. Identification of Exception to the Buy American Statute.

Not Applicable.

6. Demonstration that the Proposed Contractor’s Unique Qualifications or the Nature of the Acquisition Require Use of the Authority Cited.

(a) Rationale for using the authority cited in section 4 of the J&A;

The impacts and implications of this contract directly affect logistics and mission readiness for over 1,600 assets utilized for mission execution on a daily basis and system users that include air crews, surface forces crews, maintainers, contractors, and senior decision makers at USCG Headquarters. System failures impact flight operations, crew qualifications, asset flight safety, spare part availability, delivery, and installation.

Though the intended awardee is not the only company capable of providing the aforementioned services, this award will be made to the only company with the ability to transition within five (5) business days because they provided these services for the last five (5) years under task order number HSCG38-14-J-410005 which expired on 03/01/20.

This is the only contractor that can phase-in quickly based on the immediately available personnel with the correct clearances and system accesses. VariQ is the only company able to provide the services and required support for a quick transition within five (5) business days. Awarding to this contractor will reduce the risk of degradation of systems used across all of the USCG for critical mission support.

This is an emergency situation because the overwhelming majority of the work discussed under section three (3) is contractor supported. The USCG is not adequately resourced to provide the services and support described above. As there are only 21 Government personnel and 89 contractors assigned to ISD, so the majority of the critical work is performed by the contractors on this contract.

Without these services there would be imminent degradation of performance of necessary systems that support aviation, surface forces, and shore assets. Acquiring these services from another vendor would negatively impact the timeliness of quality of services, as the experience held by the contractors would be at risk. Each of the personnel have the necessary clearances that are not guaranteed with another Offeror.

(b) Details covering what events lead to the situation requiring use of other than full and open competition procedures including whether any portion of the work can be segregated to allow for competition;

These services were previously provided under a mandatory strategic sourcing vehicle

(Eagle II), under task order number HSCG38-14-J-410005. The Task Order expired on

03/01/20. A new task order was awarded under CIO-SP3 SB on 02/26/20. However, due to the filing of a timely protest, a stop work order was placed on 03/10/20.

The USCG does not have sufficient Government civilian and military personnel to complete required IT related tasks in a timely manner, therefore the USCG ALC relies on contractor augmentation to fully succeed in providing these necessary services.

This proposed action cannot be segregated to allow for competition, as the services are needed so urgently that allowing for competition will negatively impact the schedule and the ability to keep the essential systems running.

(c) Summarize alternatives considered and why they will not work;

The USCG discussed requesting a waiver to override the mandatory stay of performance of the new contract, but determined that this was unlikely to be approved, and it would just further delay the performance.

The USCG discussed creating a contract to the new contractor, but due to the ongoing protests, we felt that this decision would likely result in another protest thereby increasing the duration without these critical support services.

The USCG discussed competing these services. However, the most important factor is that the contractor be able to transition quickly. The USCG also discussed competing these services on the open market, but determined that the source selection process would further delay the award of a contract.

(d) Impact to the mission that would result if the J&A is not approved and, consequently, the product or service not provided.

Failure to establish the contract will affect performance that supports ALC’s missions to support ALMIS and CG-LIMS Enterprise Systems and other IT projects. The projects identified, analyzed, and managed will be at significant risk of being completed by established deadlines and the impact to USCG aviation, Surfaces Forces Logistics Center

(SFLC) small boat forces, CG Cutters, and Command, Control, Communication, Computers and Information Technology (C4IT) Differential Global Positioning System

(DGPS) Towers with the anticipated adoption of all surface fleet, electronics and shore assets, will be imminent.

(e) Rationale for use of the non-availability exception to the Buy American statute, including detailed information explaining why the particular articles, materials, or supplies of the class or kind to be acquired, either as end items or components, are not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality.

7. Description of Efforts Made to Ensure that Offers are Solicited from as Many

Potential Sources as is Practicable.

(a) If an announcement has already been made in FedBizOpps, provide the date of publication; or

(b) If an announcement is being planned for posting in FedBizOpps, provide the estimated date of publication.

(c) If an announcement will not be published, identify the applicable exception under FAR

5.202.

(d) If an announcement will be published after award, cite the applicable exception under

FAR 6.305.

Additional sources have not been solicited based on the applicable exception under FAR

5.202(a)(2). The circumstances surrounding this situation have been considered

“Unusual” because of the period of when the mandatory stay of performance was required, and the ratio of contractor staff to Government personnel supporting ISD. The

Task Order under protest, 70Z03820FM0000005, was awarded on Wednesday, 02/26/20 with an effective date of 03/02/20 at which time the awardee began to transition personnel to the new task order. Task Order HSCG38-14-J-410005 expired on Sunday, 03/01/20. Two (2) timely protests were filed on 03/06/20 and 03/09/20, respectively. As a result, only a portion of the personnel required under Task Order 70Z03820FM0000005 had been fully transitioned over. The USCG determined that it was a higher risk to award a contract to the new awardee based on the lower number of personnel that had transitioned over at the time the stop work order was placed. The “Urgency” of this requirement is not a result of poor planning, as the Protest process is out of the USCG’s control.

The USCG is requesting approval to enter into a contract with this vendor based on urgent and compelling need for the period not to exceed the time required for the ongoing protests. This period is estimated to be 120 days. Should the Government determine in enough time that the protest period will exceed 120 days and the need for these services will be extended, there is the anticipated opportunity for competition at that time.

An announcement prior to award was not published. Rather, a post-award announcement will be published in accordance with FAR 6.305(b).

8. Determination by the Contracting Officer that the Anticipated Cost to the

Government will be Fair and Reasonable.

The Contracting Officer determines that the anticipated price(s) will be fair and reasonable based on recent acquisition history pricing deemed fair and reasonable at the time of award of task order HSCG38-14-J-410005.

9. Description of Market Research.

(a) Describe the market research techniques used, results, date when the market research was conducted, and how it was used by the contracting officer to determine price reasonableness.

Market research was not conducted for this procurement action. IAW FAR 5.202(a)(2) the unusual and compelling urgency precludes competition to the maximum extent practicable. Due to the urgent need for these services and the fact that the Government would be seriously injured in the instance of a delay of service, a contract with the previous vendor is the best option to maintain these services.

(b) Describe the market research results that support the determination that the items are nonavailable. Market research results support the determination that the items are available in the commercial market place.

(c) If market research was not conducted, state why.

Market Research was not conducted. IAW 5.202(a)(2), this unusual and compelling urgency precludes competition to the maximum extent practicable.

(d) If patents, copyrights, and/or intellectual property are applicable to the acquisition, describe the circumstances for acquiring a patented or copyrighted product on the representation of the intellectual property holder that has not been licensed for resale.

10. Any Other Facts Supporting the Use of Other Than Full and Open Competition.

(a) An explanation why technical data packages, specifications, statement of work, or purchase descriptions are not suitable for full and open competition.

(b) Discuss why your requirement cannot be modified to enhance competition.

Changes to the scope of work or period of performance in order to accommodate a competitive process would cause significant and detrimental delays to the onset of performance and system availability or USCG wide systems providing mission support.

(c) For a proposed contract subject to the restrictions of FAR 6.302-1 for follow-on acquisitions as described in 6.302(a)(2)(iii), provide an estimate of the cost to the

Government that would be duplicated and detailed information on how the estimate was derived.

(d) For a proposed contract subject to the restrictions of FAR 6.302-2(d) or HSAR 3006.302-

270 and where FAR 6.302-2 is cited as the authority, describe the exceptional circumstances allowing for an award for a period of performance in excess of the one-year limitation (applicable to all federal agencies) or the DHS-specific statutory 150-day limitation.

11. A Listing of the Sources, if Any, that Expressed, in Writing, an Interest in the

Acquisition.

Only one (1) source, VariQ, was solicited for this requirement due to the urgent need to obtain these services. VariQ was determined the only capable source for providing these services due to their ability to ramp up within the limited timeframe as discussed above. VariQ responded to the Government’s email inquiry on 03/11/20 stating their interest in providing the services in this requirement.

12. A Statement of the Actions, if Any, the Agency May Take to Remove or Overcome

Any Barriers to Competition Before Any Subsequent Acquisition for Supplies or

Services Required.

(a) Will the Government revise overly technical specifications, acquire data rights, etc.?

This contract is being placed under unusual and compelling circumstances.

This contract is necessary due to a protest driven stay of performance order placed on the recently awarded task order, 70Z03820FM0000005, providing IT services for a base period of one (1) year and four (4) option periods. The result of this protest and any corrective action if required will be a one-year base period and four (4) option period task order award.

Task order 70Z03820FM0000005 was competed as a fair opportunity through the National Institutes of Health Chief Information Officer – Solutions and Partners 3

Small Business Schedule (CIO-SP3 SB). The subsequent task order to be issued after the completion of the two (2) protests will be awarded under CIO-SP3 SB for a one-year base period and four (4) option periods. This requirement is not being used to facilitate the response to or recovery from a natural disaster.

For future acquisitions, the Government will increase competition by ensuring the technical specifications are not overly restrictive. The Government requested this procurement cover the protest period of 100 days, with an additional 20 day buffer to accommodate any corrective action required by GAO and to ensure no additional sole source awards will be required to obtain these services.

13. Contracting Officer’s Certification.

I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

Ryan M. Suchy Date

Contracting Officer

14. Technical/Requirements Personnel Certification.

I certify that this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for the justification, is accurate and complete.

Robert Wiseman Date

Technical Representative/COR

15. Legal Review and Concurrence:

I have reviewed this justification.

Allen Lotz Date

Legal Counsel

APPROVAL:

Ms. Trena Mills Date

Command Procuring Activity Competition Advocate, CG-91

CPACA

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