JA20-016 ITS DMM REDACTED.pdf
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Defense Information Systems Agency
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This document is a justification for a sole source award of an integrated tracking system and digital mail modernization support services contract. The Defense Information Systems Agency awarded a firm-fixed-price contract valued at $8.69 million to Bear River Associates, Inc. on January 9, 2020, with a base period of one year and four one-year option periods. Bear River Associates, Inc. developed the proprietary BearTracks software used in the agencies' integrated tracking system, and no alternative solutions meeting requirements currently exist. The contractor will provide on-site and off-site maintenance, upgrades, and support for the integrated tracking system and digital mail modernization software and systems used by the Defense Information Systems Agency, Pentagon Force Protection Agency, and other Department of Defense agencies.
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JUSTIFICATION FOR OTHER THAN FULL AND
OPEN COMPETITION (OTFAOC)
Federal Acquisition Regulation (FAR) Part 6 Justification & Approval (J&A), Supporting Procurements under FAR Part 12 and FAR Part 15
Request for Proposal Number: 831915593 Contract Number: To Be Determined Procurement Title: Integrated Tracking System (ITS) and Digital Mail Modernization (DMM) (ITS/DMM) Support Services Estimated Value:
Statutory Authority: 10 U.S.C.2304(c)(1), FAR 6.302-1/Defense Federal Acquisition Regulation Supplement (DFARS) 206.302-1
JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (OTFAOC)
Justification for OTFAOC Number: JA20-016
Upon the basis of the following justification, I, as Procuring Activity Competition Advocate, hereby approve the use of other than full and open competition of the proposed contractual action pursuant to the authority of FAR 6.302-1, only one responsible source and no other supplies or services will satisfy agency requirements. The acquisition referenced herein is conducted under the Statutory Authority of 10 U.S.C. 2304(c)(1).
1. REQUIRING AGENCY AND CONTRACTING OFFICE:
Requesting Agency:
Defense Information Systems Agency (DISA)/Joint Service Provider (JSP) 1155 Defense Pentagon Washington, DC 20301-1155
Contracting Activity:
DISA/Defense Information Technology Contracting Organization (DITCO)/PL8331 2300 East Drive Scott Air Force Base, IL 62225-5406
2. NATURE/DESCRIPTION OF ACTION(S): This effort provides maintenance and support services for ITS/DMM, but also includes maintenance and upgrades to proprietary software components that are required to support this effort. There are two types of software that support this effort, Bear Tracks software for ITS and WebDOX Enterprise Software for DMM. Bear Tracks software was developed by Bear River Associates, Inc. Bear River Associates, Inc.
currently owns the licensing for this software. The Bear Tracks software provides automated documentation and accountability tracking for the Washington Headquarters Services (WHS) internal correspondence daily processing. This software is specifically designed to track vehicles, people, and material coming into the Pentagon reservation and provide mail support.
This follow-on effort will provide JSP with continued support and maintenance of the ITS/DMM system. Immediate knowledge and specialized capability to execute because of the unique
ITS/DMM Support Services-JA20-016
Page 2 of 6 Pages operating environment and the inability of the Government to endure any downtime. This acquisition will result in a firm-fixed-price (FFP) award to Bear River Associates, Inc. The period of performance is for a 12-month base period with four, 12-month option periods. The contract will be funded with Operations and Maintenance Fiscal Year 2020 funding. The lifecycle value is $8,690,382 as indicated in the breakout provided below.
Cumulative Total for Labor $ 5,490,088 Cumulative Total for Non-Labor $ 1,462,217
TOTAL $ 6,952,305
Surge/Optional Enhancement
25% $ 1,738,077
TOTAL $ 8,690,382
3. DESCRIPTION OF SUPPLIES/SERVICES: This requirement is for contractor support and maintenance for JSP’s ITS/DMM system that enables the Office of the Secretary of Defense (OSD), Facilities Services Directorate, WHS, Pentagon Force Protection Agency, and other Department of Defense (DoD) agencies to achieve their functional missions and objectives in support of the Secretary of Defense. The ITS system tracks vehicles, people, and material coming into the Pentagon reservation. The vehicle and people tracking aspect of ITS are unique to the Pentagon Force Protection Agency. DMM provides mail support to the Secretary of Defense and Deputy Secretary of Defense along with other top-level executives and the entire Pentagon population. DMM is required to enable digital routing and management of inbound mail and integrate with ITS. The system is needed to support delivery, enhance mail security, and reduce unwanted junk mail. The contractor shall provide on-site and off-site maintenance support for the ITS/DMM system, which includes:
• Customer service support, including software troubleshooting, data analysis, data setup, technical assistance, and data management;
• Technology consultation;
• Testing and installing regular updates to ITS/DMM software (BearTracks and
WebDOX);
• Daily support and monitoring of ITS/DMM systems in support of operational, and functional readiness; and
• System enhancements.
4. IDENTIFICATION OF STATUTORY AUTHORITY: Only one responsible source and no other supplies or services will satisfy agency requirements, 10 U.S.C.2304(c)(1); and FAR
6.302-1/DFARS 206.302-1).
5. DEMONSTRATION OF CONTRACTOR’S UNIQUE QUALIFICATIONS:
(a) Description of events. The proposed FFP contract is a follow-on to expiring contract HQ0034-16-C-0044, which provided maintenance and support services for ITS/DMM.
This contract was a sole source award to Bear River Associates, Inc., on July 16, 2016 for a base period and one 12-month option period through July 10, 2019. On June 8, 2017, this contract was transferred to DITCO. The contract number was changed to HC1028-
Page 3 of 6 Pages
17-C-0014. Contract HC1028-17-C-0014 has since been extended through January 20, 2020 utilizing FAR 52.217-8 for a six-month extended period of performance.
(b) Justification.
(1) Minimum Government requirements. The ITS/DMM services are unique to Bear River Associates, Inc., as Bear River developed the ITS software.
This software currently manages the digital images of the packages, mail, and other associated software, hardware, and equipment. ITS/DMM is an integrated system that requires support that only Bear River can provide due to proprietary software. Therefore, as an integrated system, the continued support of the ITS/DMM system cannot be accomplished without the involvement of Bear River as this effort requires system enhancements and general maintenance of the software.
(2) Proposed sole source contractor. Bear River Associates, Inc., a small business, is the proposed sole source contractor as they are the developer and owner of the proprietary software, Bear Tracks, and they hold the sole rights to license the use of the Bear Tracks software.
(3) Discussion regarding cause of the sole source situation. As indicated in paragraph 5(a), this requirement was previously procured from Bear River Associates, Inc. Bear River holds the proprietary software and software license to the Bear Tracks software. No competitor functional replacement products exist in the market at this time to meet the Government's need. In addition, Bear River has cultivated a network of subject matter experts who have developed processes, procedures, and technical knowledge that is instrumental for full compliance with the performance work statement.
(4) Impact. The ITS system is JSP’s security logistics system. Any system downtime would compromise the security of U.S. Army, Air Force, Navy (located within the NCR), the Secretary of Defense, Deputy Secretary of Defense, Pentagon Force Protection Agency, WHS, and leased facilities (Mark Center).
6. FEDBIZOPPS ANNOUNCEMENT/POTENTIAL SOURCES: IAW DFARS 206-3,
Procedures, Guidance, and Information 206.302-1, “Only one responsible source and no other supplies or services will satisfy agency requirements,” a sources sought announcement was posted to FEDBIZOPPS on October 31, 2019 with responses received on November 6, 2019.
a. Four responses were received as a result of the sources sought announcement.
b. The results of the evaluation of the sources sought responses follow:
(1) Due to the proprietary software, Bear River is the only capable source, and their response to the sources sought indicates that that are fully capable to perform this effort. Alternate solutions submitted by other vendors are not in the best interest of the Government. In utilizing an alternate software system, the Government would incur additional cost and level of effort for
Page 4 of 6 Pages
Government resources necessary to support the replacement effort and to train a new contractor support team. In addition, the timeframe required to obtain licensing modifications would impact the offeror’s ability to provide maintenance/upgrade capabilities to the system immediately after award.
7. DETERMINATION OF FAIR AND REASONABLE COST: The contracting officer, as part of the award, will make an affirmative determination that this action represents a fair and reasonable price to the Government by comparing the proposed prices to the prices on Bear River’s General Services Administration (GSA) Information Technology (IT) Schedule 70.
Discounts to Bear River’s IT schedule 70 will be requested in the request for proposal.
8. MARKET RESEARCH: Based on market research, dated July 1, 2019 to November 6, 2019, it has been determined that only the aforementioned product and product support from Bear River Associates, can fully support the Government’s requirement. Market research consisted of a review of existing DISA-wide, DoD multiple award contract vehicles, and other Government Wide Acquisition Contracts to include DISA ENCORE III and National Institute of Health (CIO-SP3). Existing intra-inter-agency contract vehicles were also reviewed. GSA IT Schedule 70 and GSA 8(a) STARS II were reviewed for potential sources. A Small Business Administration Dynamic Small Business Search was conducted. Finally, a sources sought announcement was posted to FedBIZOPS on October 31, 2019. Four responses were received as a result of this sources sought announcement. Evaluation of the four responses indicates that the only contractor found suitable to perform this effort is Bear River Associates, Inc.
9. ANY OTHER SUPPORTING FACTS: N/A
10. LISTING OF INTERESTED SOURCES: There are no other sources available to perform this service. Bear River Associates, Inc., is the developer of the proprietary software and owns the software licenses.
11. ACTIONS THE AGENCY MAY TAKE TO REMOVE OR OVERCOME BARRIERS
THAT LED TO THE EXCEPTION TO FULL AND OPEN COMPETITION:
(a) Procurement History. This requirement for ITS/DMM Support Services is a follow-on contract to the DISA/DITCO contract number HC1028-17-C-0014. The current FFP contract was awarded to Bear River Associates, Inc., (Bear River), via a sole-source award in 2016 under WHS/Acquisition Directorate contract number HQ0034-16-C-0044.
Upon exercising the first option period for July 11, 2017 – July 10, 2018, the contract was transferred to DITCO under the current contract number (HC1028-17-C-0014). The second option period for the current contract was exercised in 2018, for a period of performance of July 11, 2018 – July 10, 2019. Under the authority of FAR 52.217-8, Option to Extend Services, the contract was extended for a Period of Performance (POP) of July 11, 2019 – January 10, 2020, utilizing two three month extensions as outlined below. The total lifecycle value is approximately $4.1M.
WHS/AD Contract Number: HQ0034-16-C-0044 Base Period: July 11, 2016 – July 10, 2017
Page 5 of 6 Pages
DISA/DITCO Contract Number: HC1028-17-C-0014 Option Year 1: July 11, 2017 – July 10, 2018 Option Year 1: July 11, 2018 – July 10, 2019 FAR 52.217-8: July 11, 2019 – October 10, 2019 FAR 52.217-8: October 11, 2019 – January 10, 2020
(b) Proposed Actions to Remove Barriers for Sole-Source: Continued maintenance and support of this effort by the contractor Bear River Associates, Inc. will facilitate increased stability in the performance of the system over time. This will enable other contractors to more easily maintain the system in the future. The Government will continue to conduct market research to determine if there are changes in the market place that would enable future competitive actions as well as determine if a suitable replacement suite is available in the marketplace that provides the same functionality, and is economically feasible to procure/install, or if the original equipment manufacturer releases ownership rights of the product.
(c) The original ITS contract was competed and awarded to Bear River Associates, Inc. The original DMM contract was competed and awarded to Bear River Associates, Inc. Bear River was involved since inception of the program. As such, their software was utilized throughout the duration of the program to date. Contract HQ0034-16-C-0044 maintained and upgraded the ITS/DMM. This was a sole source contract to Bear River, Associates, Inc., and since transferred to DITCO under HC1028-17-C-0014 as reflected paragraph 11(a).
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TECHNICAL CERTIFICATION: I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief.
NAME: TAKEITHIA JORDAN SIGNATURE: See separate PDF TITLE/ORGANIZATION: ITS/DMM Management and Program Analyst
PHONE: 703-692-4009
REQUIREMENTS CERTIFICATION: I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief.
NAME: KENNETH MOSES SIGNATURE: See separate PDF TITLE/ORGANIZATION: Contracting Officer’s Representative
PHONE: 703-545-3192
CONTRACTING OFFICER CERTIFICATION: I certify that this justification is accurate and complete to the best of my knowledge and belief.
NAME: CHRISTOPHER M. ENRIQUEZ SIGNATURE: See separate PDF TITLE/ORGANIZATION: Contracting Officer, DITCO/PL8331
PHONE: 618-418-6446
PROCURING ACTIVITY COMPETITION ADVOCATE APPROVAL: I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief.
Since this justification does not exceed $13.5M, this review serves as approval and my written determination that the aforementioned FAR circumstances apply.
NAME: GAY ARNOLD SIGNATURE: See separate PDF
TITLE/ORGANIZATION: PACA, DISA
PHONE: 618-418-6517
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