ACQ-21-0108 JEFO redacted.pdf

Form # USPTO-OP-073.v1.0 (01/2020) 3

6. Exception to Fair Opportunity and Supporting Rationale FAR 16.505(b)(1)(i) requires the Contracting Officer to provide each awardee under a multiple award contract, a fair opportunity to be considered for each order exceeding $3,500 unless a statutory exception applies. The specific exception that precludes the fair opportunity process for this acquisition is 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.;

The rationale for the modification is as follows:

USPTO is extending the current task order through the end of September and increasing the LOE to ensure adequate transitioning of activities while the procurement of the Enterprise Cloud acquisition (ACQ-21-0561) is ongoing. Also, this extension and increase in LOE is needed to ensure the remaining monitoring compliance items in relation to OIG requirements OIG-16-021-A are met.

The contractor, Unisys, currently builds enhancements on-top of the existing Cloud infrastructure supporting USPTO. Unisys enhances common infrastructure capabilities to improve the overall security posture and supportability of systems hosted in AWS which include access controls, monitoring and logging, baseline Amazon Machine Images (AMI), networking, deployment and compliance automation for both Linux and Windows workloads in AWS.

USPTO is currently soliciting for a new Enterprise Cloud (ECM) contract. The new Enterprise Cloud acquisition (ACQ-21-0561) timeline is targeted for a May 14, 2021 award date and will eventually take on the scope of the enhancement work that Unisys currently provides for USPTO as well as the work related to monitoring compliance items. The award of this modification to extend the period of performance through 9/29/2021 to allow USPTO to have a transition period for the cloud enhancement work when ACQ-21-0561 is awarded. The transition period and the increase in LOE will allow for the completion of multi-year monitoring scope within the UACS Enhancement task order and allow for the prioritization of the Enterprise Cloud contract. The transition to the Enterprise Cloud contract will facilitate NWOW to reduce capital expenditure, data center footprint, and increase DevSecOps innovation for Products.

Awarding this modification directly to the current contractor, Unisys, would avoid significant impacts to USPTO’s Cloud Program’s monitoring capabilities. Should a break in service occur, the USPTO Cloud posture and OCIO would be significantly impacted if the extension and additional LOE increase does not proceed. The current effort involves establishing a new cloud-monitoring framework, building out the design capabilities, implementing the monitoring solution across the Cloud Infrastructure and Products deployed to the USPTO managed cloud. Since USPTO’s managed cloud is defined as the USPTO AWS Cloud Services (UACS), a custom built platform to service our internal customers using cloud native and COTS tools, an enterprise wide monitoring solution compatible in the cloud requires significant customization to implement as a one-time cost.

Completion of the infrastructure monitoring would result in significant cost savings by finishing the current implementation as opposed to transitioning to a new vendor that will need to adapt to the current proposed implementation. Transitioning before completion of this effort would necessitate the new vendor to either adapt a customized infrastructure monitoring implementation or replace the infrastructure monitoring with a new solution. In both cases, the timeframe would be significantly longer than completing the current monitoring objectives and the price significantly increased.

Awarding this modification has the benefits of avoiding duplication of cost and efforts and the

Form # USPTO-OP-073.v1.0 (01/2020) 4 associated potential risks of transitioning the work. The monitoring scope within the UACS Enhancement is instrumental to the ability to expand and control cost for the 15-30 Product teams expected to launch in FY21. Extending the POP through September allows for seamless transition of the monitoring framework operations to the new Enterprise Cloud Support Services contract and remaining monitoring compliance items in relation to OIG requirements OIG-16-021.

7. Actions to remove or overcome barriers to fair opportunity before subsequent acquisition The Program Office anticipates a new competition for additional follow-on requirements in 2021, under RE: ACQ-21-0561 - Enterprise Cloud Contract.

SECTION III. COMPLETED BY OP

8. Determination by the Contracting Officer that estimated cost will be fair and reasonable

The Contracting Officer will finalize a price reasonableness determination, appropriate to the contract type, prior to contract award. Detailed documentation and justification of price reasonableness will be disclosed in the Acquisition Form Documentation (AFD) to be prepared upon completion of negotiations.

SECTION IV. REVIEW AND APPROVAL

1. Technical Certification

By signature below, the Technical Representative certifies that the supporting data necessary to form the basis for this justification is accurate and complete to the best of their knowledge and belief. Furthermore, the Technical Representative certifies that the justification has been adjudicated by the Program Office and OP.

2. Contracting Officer’s Certification

Form # USPTO-OP-073.v1.0 (01/2020) 5

By signature below, the Contracting Officer certifies that this justification is accurate and complete to the best of their knowledge and belief.

3. Bureau Procurement Official (BPO)/ Director of OP (or Designee) (required for actions valued at or >$700K)

By signature below, the ordering activity BPO/Director of OP certifies that this justification is accurate and complete to the best of their knowledge and belief.

4. Competition Advocate Certification:

Approval (required for actions valued from $700K to $13.5M) Concurrence (required for actions valued above $13.5M)

In accordance with FAR 16.505(b)(2)(ii)(C)(2), the Competition Advocate, certifies that they have reviewed this justification and has determined that sufficient facts exist to support the justification.

SECTION V. ATTACHMENTS

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