A03_JA_12-D-E010_KX11__REDACT.pdf
PDF 93 KB Posted
- Attached to
- Data Strategy, Services, and Software Support
- Solicitation number
- Not on record
About this file
Justification and Approval Authority Cited: Federal Acquisition Regulation (FAR) section 16.505(b)(2)(i)(C)
View the file
On GovTribe
Work with this file
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
Data Strategy, Services, and Software Support (DS4) Control Number: JA-18-E-233
JUSTIFICATION REVIEW DOCUMENT
FAR PART 16 EXCEPTION TO FAIR OPPORTUNITY (EFO) JUSTIFICATION
Supply/Service: Data Strategy, Services, and Software Support (DS4)
Authority: 10 U.S.C. 2304c(b)(1) as implemented by 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.
Amount: $6,309,140.00
Prepared by: Rebecca Zarrillo Phone: (443) 861-8002 SEC Contracts Analyst Email: rebecca.l.zarrillo.civ@mail.mil Date: 5 Jan 2018
Contracting Officer: Kandi McDonald Phone: (443) 861-4869 Contracting Officer Email: Kandi.a.mcdonald.civ@mail.mil Date: 22 Feb 2018
Technical: Kevin Venezia Phone: (443) 861-8034 Contracting Officer’s Representative Email: kevin.m.venezia.civ@mail.mil Date: 22 Feb 2018
Requirements: Kimberly Jacobs Phone: (443) 861-9048 Chief, Applications Division Email: kimberly.f.jacobs.civ@mail.mil Date: 22 Feb 2018
Reviews: I have reviewed this justification and find it adequate to support an exception to fair opportunity.
Program Manager:
Typed Name: Kimberly Jacobs Phone: 443- 861-9048
Signature:
Date:
Legal Counsel:
Typed Name: Steven L. Meints Phone: 443-861-5270
Signature:
Date:
FAR Part 16 Exception to Fair Opportunity Justification
Under Multiple Award Indefinite Delivery Contracts
1. Contracting Activity: Army Contracting Command-Aberdeen Proving Ground, (ACC-APG) Division E, Building 6001, 6565 Surveillance Loop, Aberdeen Proving Ground (APG), MD 21005
2. Description of Action: U.S. Army Communications-Electronics Command (CECOM), Software Engineering Center (SEC) requires a Cost-Plus-Fixed-Fee (CPFF) Term modification to extend Task Order W15P7T-12-D-E010-KX11 with CACI Technologies, Inc. by 12 months and increase the Level of Effort (LOE) by 44,472 hours. The Government anticipates award for April 2018 and fiscal year 2018 Operation and Maintenance, Army (OMA) funds will be used. This action will increase the estimated cost of the task order by $6,309,140.00.
An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i)(B).
3. Description of Supplies/Services: The W15P7T-12-D-E010-KX11 Systems and Software Engineering Support Next Generation (SSES NexGen) Task Order provides support for Army strategic data initiatives, development and implementation of customer data centric solutions, life cycle development and sustainment of test tools, life cycle development and sustainment for business intelligence tools, and development and sustainment support to the Army Net-Centric Data Strategy Center of Excellence, for the CECOM SEC, Services Directorate at APG, Maryland, and the National Capital Region. Core activities of the requirement include:
• Structure & Manpower Allocation System (SAMAS)
• Enterprise Management Decision Support (EMDS)
• Army Data Management Program (ADMP)
• Army Architecture Integration Center (AAIC)
• CBM+ Computing Environment/ Fleet Management
• Army Net Centric Data Strategy (ANCDS)/ Common Data Services Framework (CDSF)
• G6 Messaging
• American, British, Canadian, Australian, and New Zealand (ABCA) Program
• Software Engineering Environment (SE2)
• SE2 SharePoint
The periods of performance and associated values for the Task Order, including the requested additional 12-month extension performance period, are:
Base Period: 27 Jul 2016 to 26 July 2017 Value: $9,499,887.00 6-Month Extension (-8 clause): 27 Jul 2017 to 26 Jan 2018 Value: $1,906,000.00 No Cost PoP Extension 27 Jan 2018 to 16 Apr 2018 Value: N/A 12-Month Extension: 17 Apr 2018 to 16 Apr 2019 Value: $6,309,140.00
Total: $17,715,027.00
The Independent Government Cost Estimate for the 12 month extension was derived from current billing rates under task order W15P7T-12-D-E010-KX11.
4. Authority Cited: 10 U.S.C. 2304c (b)(1) as implemented by Federal Acquisition Regulation (FAR) section 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.
5. Reason for Authority Cited: The task order to be modified was originally solicited giving a fair opportunity to all NexGen contract holders for the Army’s Data Strategy Services so the authority used is the most appropriate authority for extending the task order period. As described in paragraph 5 below and described in paragraph 7 below, the work is the same as originally solicited and no one but the incumbent could ramp up fast enough or provide or hire the most skilled personnel with experience working with the systems to be serviced in an efficient seamless manner without a break in service. CACI Technologies of 14370 Newbrook Drive, Chantilly, VA 20151-2218, is currently performing critical Data Strategy, Services, and Software Support (DS4) Services under competitively awarded Task Order W15P7T-12-D-E010- KX11. CACI, as the incumbent contractor, has the knowledge, experience, resources, and necessary manpower with the required skills immediately available to continue work required under this task order without a break in service. Based on the circumstances described, CACI is the only contractor that can reasonably and realistically provide the required services starting on 17 April 2018. If this was a new award with ramp-up time built into the timelines to support SEC’s customers then the staffing risk would be mitigated, but a new contractor will most definitely not be able to match the high performance of the existing team without a significant gap in staffing. SEC’s customers have project timelines that cannot afford downtime due to staffing changes or gaps in service that a new contractor would inherently bring to the table.
The Government had originally intended to solicit these requirements as a Single Award Indefinite Delivery/ Indefinite Quantity (IDIQ) contract, consolidating requirements from the Enterprise Services Directorate of SEC into one streamlined IDIQ contract vehicle. The Government pursued this acquisition approach for all of FY17, performing multiple rounds of Market Research on FedBizOpps and holding several meetings with all stakeholders to refine requirements with the ultimate goal of contract solicitation and award. However, in November 2017 the Government made the decision to cancel the proposed IDIQ due to a decrease in requirements from outside customers not associated with SEC under that contract.
While the level of support required will decrease over time, there is a continued need for services within the SEC organization for the next year. It was decided that a Task Order under SSES NexGen would satisfy the Government’s requirements in lieu of a larger IDIQ contract. As such, the previously submitted draft Acquisition Requirements Package (ARP) needed to be revised to reflect the new Acquisition Strategy and is expected to be delivered to ACC in the March 2018 time frame.
The extension modification is required to maintain continuity of essential services provided under the current DS4 Task Order W15P7T-12-D-E010-KX11. The Task Order will currently expire on 16 April 2018, but award of the follow-on task order is planned for February 2019. It will be competitively solicited among small and large businesses. It is expected to take at least ten (10) additional months to compete the follow-on competition, plus at least two (2) months to fully transition all tasks as the new contractor phases
in. The SSES-NexGen contract under Performance Work Statement Paragraph (PWS) paragraph 3.2.1.9 “Phase In and Phase Out” requires a 60-day phase-in and phase-out period for cases when the incumbent contractor does not win the follow-on effort. This phase-in and phase-out period allows the prior contractor to brief and train the incoming contractor on current on-going projects and procedures, and allows the incoming contractor to train personnel and obtain required security clearance to ensure a seamless transition from one contractor to the next. The below table details the projected milestone schedule for a new competitive task order:
Milestones:
ARP Receipt March 2018 Solicitation May 2018 Proposal Receipt July 2018 Evaluation October 2018 Questions/Evaluations Complete
January 2019
Peer Review January 2019 Award February 2019
If the contracted services are not provided it will impact SEC’s ability to provide customers throughout the Army with support in implementing Army Data Strategy. A break in service for this support would result in all engineering, facilitation and validation services that ensure the implementation of reference architectures and data strategy to stop being performed which is critical to the Army’s mission. This would leave customers throughout the Army vulnerable to being non-compliant with Army guidance and policies, as well as leave Army data in a non-interoperable state. If data architecture is not maintained, Army data is increasingly vulnerable to cyber threats, and risk to the customer in the field relying on the data in multiple systems, to include but not limited to information, messaging and joint multi-tactical systems would increase due to diminished reliability. The risk to the Government and the end-user of these systems increases over time as the data architecture services are not performed, therefore a break in service presents unacceptable risk to the integrity of the Army’s Data Strategy.
In the Contracting Officer’s experience, award of a new task order could not be awarded by the 17 April 2018 time frame. In doing a new effort for award, various steps have to be completed including issuing a solicitation, reviewing and evaluating proposals, holding discussions, preparing award documents, completing appropriate peer reviews, and getting business clearance approval before award could be made. The current ACC-APG procurement action lead time (PALT) is 120 to 180 days for tasks order awards but most task orders take at least 12 months for award. In the opinion of the Contracting Officer, it is not realistic to think there is enough time between now and 17 April 2018 to solicit the effort, select a company, and have a company hire qualified staff without a break in service.
There are no viable or realistic alternatives to issuing an extension modification to the current CACI task order. A possible alternative would be that SEC government staff performs the work in-house, however SEC is already short-staffed and the recent hiring freeze will not allow SEC to hire additional staff, which would diminish SEC’s ability to provide customer support in Army Data Strategy implementation. Another alternative would be to issue a new bridge contract, however, since the current task order’s end date is 16 April 2018, there would not be a reasonable amount of time to issue a new contract, without causing a stop in work and unacceptable schedule delays.
6. Actions to Increase Competition: The follow-on contract vehicle, scheduled for award in February 2019, will be solicited competitively among large and small businesses under the SSES NexGen contract suite. For this action market research was performed in an attempt to increase competition. See Paragraph 7 below for more details.
7. Market Research: In accordance with FAR 10.002(b)(1), Market Research was performed on December 2017. Based on this market research, the extension of this task order is the most advantageous method of fulfilling the Government’s need, with regards to price, efficiency, and most of all, schedule.
Based on the Market Research, no other source on the SSES NexGen contract other than the incumbent contractor would be capable of performing the required services by the current mission’s need.
Furthermore, it would not be possible for any other source to have the experience to perform the services more efficiently than the incumbent and to perform the contractual 60-day phase-in and phase-out period to complete the already in-progress fair opportunity task order without a break in service.
The Market Research (MR) was conducted 17 December 2017 to 27 December 2017. The MR was sent out to the 18 Nexgen Contractors via email. A description of the effort was provided along with questions.
The companies were requested to provide a simple yes or no answer as to whether or not they could provide the service by the required date with no transition period.
The Market Research notice stated any firm interested would have to be ready to perform by 23 January 2018 as that is when the current effort expired at that time. The market research also went on to state that there would be no transition time frame (IE Phase In/ Phase Out Process) of the current company to the new company.
In doing the December 2017 market research eight (8) companies responded. Of those companies six (6) companies stated they could not perform the effort. ManTech stated they could perform the effort, however when the SEC program analyst followed up with the company for further clarification the company responded with a negative (no) response to being able to perform the effort on day one. Sotera also showed interest. The Government Technical team followed up with the company and requested information as to how they would accomplish the service and be ready to perform the effort by day one.
However, no further response was received from Sotera and the Government concluded that Sotera would be unable to perform as well.
CAN THE EFFORT BE PERFORMED BY THE JANUARY 2018 START DATE
COMPANY Yes No
MANTECH X
LEIDOS X
BLUE CANOPY X
LOCKHEED MARTIN X
CSRA X
ACET X
SOTERA X
AASKI X
In doing further research into the task order, the Government verified the unused hours still remaining on the Level of Effort (LoE) with the incumbent contractor, CACI. The task order procured a set amount of hours and all of these procured hours had not been used by 23 January 2018. As a result, modification 05 was issued to extend the task order to 16 April 2018. The unused hours would allow for work to continue to the April time frame, which in turn would allow the Government to fully utilize the LoE procured. The funds were originally obligated via modification 01 in July 2017 and are Operations and Maintenance funds, which are good for one year, therefore legally allowing for an extension of Subline Item Numbers to 16 April 2018.
Although the December 2017 Market Research publicized a start date of 23 January 2018, ACC-APG was able to extend the order to 16 April 2018 using unused LoE hours. The Contracting Officer considered the original market research performed December 2017, which yielded no positive responses, sufficient and decided further market research would have the same result.
8. Other Facts:
Procurement History:
Task Order: W15P7T-12-D-E010 KX11 Contractor: CACI Technologies (Large business) Award Date: 27 July 2016 Period of Performance: 27 July 2016 through 26 July 2017 Competitive Status: Full and Open Competition within SSES NexGen Unrestricted Suite
9. Technical Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.
Name: Kevin Venezia Date:
Title: Contracting Officer’s Representative (COR)
10. Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.
Name: Kimberly Jacobs Date:
Title: Chief, Applications Division
11. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable. This determination will be made using cost and price analysis, and comparison to the Independent Government Cost Estimate (IGCE).
Additionally the contractor is required to submit, certified cost or pricing IAW FAR 15.403.
Name: Kandi McDonald Date:
Title: Contracting Officer
12. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.
Name: Kandi McDonald Date:
Title: Contracting Officer
Approval
Based on the foregoing justification, I hereby approve the task order extension for Data Strategy, Services, and Software Support (DS4) services for an estimated total of $6,309,140.00 using an exception to fair opportunity pursuant to the authority of FAR Part 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.
Cynthia A. Jackson Date:
Command Advocate for Competition
File details come from the government source that posted it.