Amazon_Web_Services_(AWS)_Cloud_Services_Phase_2_JEFO_signed.pdf

Form # USPTO-OP-023.v1.0 (12/15) 1

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

(Limiting Competition, Sole Source, or Brand Name)

(FAR 16.505(b)(2))

Program Office: CIO/Office of Infrastructure and Engineering/Enterprise

Software Services Division

Program Office

POC:

Victor Xiao

Title of

Procurement:

USPTO Amazon Web Services Cloud Services (UACS) Period of Performance

Extension

Contracting

Officer:

Victor Martinez Contracting

Activity:

USPTO Office of Procurement

Contracting

Officer Phone:

571-270-1887 PR Number: 289P1952124

1. Description of the Action

USPTO task order #1333BJ19F00280029, for Amazon Web Services (AWS) Cloud Services Phase

2, was competitively awarded to Unisys on 3/1/2019. The period of performance was established as

3/1/2019 – 11/29/2019, with a total task order value of $858,899.16.

The Office of the Chief Information Officer (OCIO) has a requirement to extend the period of performance end date from 11/29/2019 to 2/29/2020, and add an additional full-time resource at an additional estimated cost of $384,000.00.

2. Description of the Supplies/Services

Under the prospective modification, the OCIO seeks to accomplish the following requirements:

1. Continuation of the original base period requirements:

Prioritization of critical compliance requirements.

Alignment of UACS efforts to meet OCIO roadmap for Hybrid Cloud Capabilities - Add additional bandwidth to address more Rally backlog items related to UACS

Enhancement, to include addressing additional UACS build-out to accelerate release of

UACS features such as Federation, storage as a service, and containerization capabilities currently within backlog.

Extend the period of performance by 3 months to allow for additional release cycles.

Form # USPTO-OP-023.v1.0 (12/15) 2

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) 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:

The current period of performance and allocated funding, do not support the full delivery of the functionality needed to maintain UACS as the umbrella system required for compliance in relation to

OIG requirements. Initial delays in getting UACS Phase 2 underway caused the addressing the compliance requirement on the backlog to slip in the schedule beyond the current date of UACS Ph2, as well as the deadline set by the OIG.

A failure to address the current OIG findings and deadline will result in USPTO being required to shutdown UACS, which will impact 7+ production systems (to include CPC, AS, PEDS), and current capabilities as an alternative data center for USPTO. Such a shutdown could end up costing the agency over $10M for immediate re-design of multiple systems and unavailability of an alternative data center in the cloud. Additionally, without UACS available, USPTO will need to restart efforts to move out into the cloud with an alternative roadmap, with many of the successes and infrastructure needing to be re-done. The cost of this type of effort would include research and development, in addition to the sunk cost of scrapping existing gains. Finally, the cost of ensuring addressing current findings will allow for further investment into key OCIO and USPTO priorities to invest in the cloud and results in direct business value UACS is currently already delivering.

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

The Contracting Officer will ensure that the resulting contract award cost/price is fair and reasonable per FAR 15.4, by comparing the contractors’ proposals to the independent government cost estimate, and comparing proposed labor rates to those proposed for the original task orders.

5. Other Facts Supporting the Justification

None.

6. 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 2020.

7. Contracting Officer’s certification

The contracting officer’s signature on the signature page evidences that he/she has determined this

Form # USPTO-OP-023.v1.0 (12/15) 3 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.v1.0 (12/15) 4

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

COORDINATION AND APPROVAL PAGE

(<$700,000)

Contracting Activity: USPTO Office of Procurement

Purchase Request Number:

289P1952124

Program Name:

CIO/Office of Infrastructure and Engineering/Enterprise Software

Services Division

Estimated Price of the Order

(w/options):

$384,000.00

Authority:

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

Type Determination:

Individual

Concurrence:

Program Office Representative: _________________________ ________________

Victor Xiao, Task Order Manager Date Signed

Approval:

Contracting Officer: _________________________ ________________

Victor Martinez Date Signed vmartinez1 Date vmartinez1 Signature