FY19_Option_Period_Extension_JEFO.pdf

Form # USPTO-OP-023.v2.0 (9/17) 1

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

(Limiting Competition, Sole Source, or Brand Name)

(FAR 16.505(b) (2))

Program Office: OCIO/Office of Information

Management Services (OIMS)

Program Office

POC:

Walter Wierwille

Title of

Procurement:

Extension of – FY19 WebsiteNG Enhancement Phase 5 Option Period and Additional

Vendor Transition Option Period

Contracting

Officer:

Victor Martinez Contracting

Activity:

USPTO Office of Procurement

Contracting

Officer Phone:

(571) 270-1887 PR Number: ACQ-19-2280

1. Description of the Action

On March 28, 2018, task order number 1333BJ18F00280067 was awarded to CSRA for development hours in support of the Website NG Enhancement - Phase 4 project. This work was competed amongst all Software Development and Integration Next Generation (SDI-NG) contractors under the SDI-NG Indefinite Delivery / Indefinite Quality (IDIQ) Bridge Contract.

The task order was awarded with a base period of performance from March 29, 2018 through March

28, 2019, and an option period from March 29, 2019 through September 29, 2019. At the time this task order was awarded, September 29, 2019 was the latest possible end date for task orders under the SDI-NG contract. Since then, the SDI-NG contract has been extended, and consequently, task orders can now be performed through September 29, 2021.

On April 1, 2019, the option period for this work was exercised by the USPTO to support the follow-up FY19 project, WebsiteNG Enhancement – Phase 5. The option period was set to end earlier than the end of the FY19 project due to the end date limitation on SDI-NG bridge contracts.

In order to provide sufficient development time and resources required to complete the project’s objectives, the option period’s end date for the WebsiteNG Enhancement – Phase 5 task order needs to be extended to match the end of the FY19 project. Also, an additional option period for transition purposes needs to be added to ensure a smooth transition from the current task order to a future task order (the following task order will be competed under the SDI-NG bridge contracts).

OCIO/CSD has determined that an increase of approximately 18.1% in the LOE of this task order will be necessary to staff the option period extension and additional transition option period. CSD anticipates the LOE increase will be allocated as follows:

CLIN Description

Original

LOE (hours)

Estimated

Increase

New

Estimated

LOE ( hours)

0001 WebsiteNG Enhancement Phases 4 and 5

(Completed Base Period)

6027 - - 6027

0002 WebsiteNG Enhancement Phases 4 and 5

(Current Option Period)

2750 947 34.4% 3697

0003 WebsiteNG Enhancement Phases 4 and 5

(Vendor Transition Option Period)

- 646 - 646

Total 8777 1593 18.1% 10370

Form # USPTO-OP-023.v2.0 (9/17) 2

Based on the LOE CSD estimates the price for this task order will increase as follows:

CLIN Description Original

Price

Estimated Increase New Estimated

Price

0001 WebsiteNG Enhancement Phases 4 and 5 (Completed Base Period)

$1,166,950.68 - - $1,166,950.68

0002 WebsiteNG Enhancement Phases 4 and 5 (Current Option Period)

$532,234.74 $183,170.09 34.4% $715,404.83

0003 WebsiteNG Enhancement Phases 4 and 5 (Vendor Transition Option

Period)

- $125,000.97 - $125,000.97

Total $1,699,185.42 $308,171.06 18.1% $2,007,356.48

The funding for the current WNG Enhancement - Phase 5 Support Option Period will be increased by $183,170.09. The additional ‘Vendor Transition’ Option Period will increase the total price of the task order by $125,000.97. In total, the planned modification will increase the task order value by

$308,171.06 or 18.1%.

2. Description of the Supplies/Services

The purpose of the Website NG CMS Enhancement - Phase 5 project is to enhance design, presentation, content management capabilities associated with www.uspto.gov.

Additionally, the project includes further enhancing functionality that was not implemented in the previous NG enhancement projects to better meet the needs of the agency and public.

The requested modification adds funding for the following:

Extension of the already exercised option period which will allow developers to continue to address agile backlog items for the USPTO until the end of development phase of the project.

Creation of an additional option period after the development phase of the project which will allow the vendor to create documentation for the purpose of transitioning the work to the vendor who will be selected to complete the next phase of the project.

3. 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):

(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 solicitation that resulted in task order 1333BJ18F00280067 was competed among all the SDI-

NG Bridge vendors in accordance with the ‘fair opportunity’ requirements. Based on proposal evaluation, CSRA was deemed the contractor most capable of supporting the Website NG

Enhancement - Phase 4 and Website NG Enhancement - Phase 5 projects.

http://www.uspto.gov/

Form # USPTO-OP-023.v2.0 (9/17) 3

To avoid a duplication of effort, re-engineering work after the completion of the current option period of performance, and unnecessary downtime for deployments, it is recommended for the

USPTO to leverage the existing vendor which has demonstrated having the knowledge, experience and expertise necessary to complete this effort with minimal additional impact to operations as compared to awarding a new task order.

This approach eliminates the learning curve associated with acquiring a new contractor towards the tail end of the Website NG Enhancement - Phase 5 project and reduces both cost and risk by leveraging the expertise of the incumbent development team.

4. Determination by the Contracting Officer that anticipated cost will be fair and reasonable

The Contracting Officer will determine that the price is fair and reasonable as evidenced by the signature of the Contracting Officer. Detailed documentation and justification of price reasonableness will be disclosed in the Acquisition Form Documentation (AFD) to be prepared upon completion of negotiations.

5. Other Facts Supporting the Justification

None

6. Actions to remove or overcome barriers to fair opportunity before subsequent acquisition

The Government will continue to research the industry for available products and alternatives. A new and subsequent award will be recompeted under the SDI-NG Bridge contract to promote competition and overcome any barriers for this requirement.

7. Contracting Officer’s certification

The contracting officer’s signature on the signature page evidences that he/she has determined this document to be both accurate and complete to the best of his/her knowledge and belief.

8. Program Office certification of completeness and accuracy

As evidenced by their signatures on the signature page, the technical and/or requirements personnel have certified that any supporting data contained herein which is their responsibility are both accurate and complete.

9. Approving Official determination

The approving official’s signature on the signature page evidences that he/she has determined that one of the circumstances in (b) (2) (I) (A) through (E) of this section applies to the order.

Form # USPTO-OP-023.v2.0 (9/17) 4

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

COORDINATION AND APPROVAL PAGE

(<$700,000)

Contracting Activity: USPTO Office of Procurement

Purchase Request Number: ACQ-19-2280

Program Name:

Additional Developer Hours - FY19 WebsiteNG Enhancement

Phase 5

Estimated Price of the

Order (w/options):

Total increase inclusive of all options: $308,171.06

Authority:

FAR 16.505(b)(2)(i) ((C)

Type Determination:

Individual

Concurrence:

Program Office Representative: ____________________________ _______________

Walter Wierwille, Task Order Manager Date Signed

Contracting Officer: ____________________________ _______________

Victor Martinez Date Signed vmartinez1 Date vmartinez1 Signature