ESITE TO 10 JA _JEFO_not-exceeding-SAT_012125_FE_Redacted.pdf

UNCLASSIFIED

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

PURSUANT TO FAR 16.505(b)(2)(ii)(A) FOR ORDERS WITH AN ESTIMATED VALUE EXCEEDING THE

MICRO-PURCHASE THRESHOLD BUT NOT EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

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CONTROL NUMBER: JA-FY25-010

1. IDENTIFICATION OF THE AGENCY AND THE CONTRACTING ACTIVITY.

National Geospatial-Intelligence Agency / Office of Contract Services (OCS), on behalf of NGA’s Chief Information Officer & Information Technology (CIO-T) Enterprise Services (TCC), located at 7500 GEOINT Drive, Springfield VA 22150.

2. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED.

The purpose of this justification and approval (J&A) document is to extend Task Order contract services provided under the Enhanced Solutions for the Information Technology Enterprise (ESITE) Task Order 10 (TO 10) HHM40215D0059/HM047621F0007, awarded to Zolon Tech Incorporated (Zolon Tech), for a period of six (6) months which is broken down as follows: three 2-month extensions. (See extension table below)

NGA’s ESITE TO 10 was awarded on 02 November 2020 against the Defense Intelligence Agency’s (DIA) ESITE IDIQ contract HHM40215D0059 for which the ordering period ended in July 2020. However, in accordance with the base contract FAR clause 52.217-9, Option to Extend the Term of the Contract (MAR 2000), paragraph (c), the IDIQ contract allows performance under task orders to continue for five

(5) years beyond the last day of the ordering period which would be 16 July 2025. The proposed six-month period will be awarded utilizing an exception to the fair opportunity process.

Zolon Tech is the only vendor able to provide continued services under ESITE TO 10 without unacceptable delays to existing mission requirements and near-term surges in mission requirements for procurement or development of replacement capabilities.

A sole-source modification to extend services provided under ESITE TO 10 for up to six months is proposed to avoid unacceptable delays to NGA-directed data migration requirements and a subsequent, significant gap in mission critical NGA operations while the follow-on contract is still in progress for award, utilizing competitive procedures to cover multiple NGA enterprise IT requirements. The follow-on contract, which will include this work, is projected to be awarded in the second quarter of FY25. The extension to ESITE TO 10 will add a period of performance from 04 February 2025 through 03 August 2025 see below chart for breakdown.

The estimated total value of entire six-month period is . These estimates were derived from the current contract price and includes a 4% escalation. The current task order is firm fixed priced with no anticipated travel.

FAR 16.5 Justification for an Exception to Fair Opportunity not exceeding SAT

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3. ESTIMATED VALUE AND PERIOD OF PERFORMANCES OR PROJECTED DELIVERY SCHEDULE.

a. ESTIMATED VALUE:

b. PERIOD OF PERFORMANCE, INCLUDING ALL OPTION PERIODS, OR PROJECTED DELIVERY SCHEDULE:

4. IDENTIFICATION OF THE STATUTORY EXCEPTION TO FAIR OPPORTUNITY.

FAR 16.505(b)(2)(i)(G) -- For DoD, NASA, and the Coast Guard, the order satisfies one of the exceptions permitting the use of other than full and open competition listed in 6.302 (10 U.S.C. 3406(c)(5)). The authority under FAR 6.302 cited for this action is FAR 6.302-1(a)(2)(iii)(A) and (B) “…services may be deemed to be available only from the original source in the case of follow-on contracts for the continued provision of highly specialized services when it is likely that award to any other sources would result in (A) substantial duplication of cost to the Government that is not expected to be recovered through competition; or (B) unacceptable delays in fulfilling the agency’s requirements.

5. DESCRIPTION OF THE SUPPLIES OR SERVICES REQUIRED TO MEET THE AGENCY’S NEEDS.

The proposed sole-source modification to extend services for E-SITE TO 10 is to avoid a gap in mission critical operations and duplication of costs while a follow-on contract (VERTEX IT Services) is awarded utilizing competitive procedures to cover multiple NGA enterprise IT requirements including the ones below. The follow-on contract which will include this work is anticipated to be awarded by the end of the 3rd quarter FY25 under the General Services Administration (GSA) Multiple Award Schedule (MAS) IT category as a total small business set-aside. An up to six-month extension period is required to allow for the anticipated award and transition of the VERTEX IT follow-on.

NGA requires support services to provide worldwide coverage for IT requirements and technical support services through system design, development, fielding, and sustainment of global intelligence and command and control (C2) assets vital to the security of the United States (US). Specifically, maintenance of systems managed by NGA’s Emergency Mass Warning and Notification System (EMWN) to ensure rapid and reliable emergency communications to the NGA workforce as needed.

6. DEMONSTRATION OF THE PROPOSED CONTRACTOR’S UNIQUE QUALIFICATIONS OR THE NATURE OF

THE ACQUISITION THAT REQUIRES USE OF THE EXCEPTION CITED.

CLIN Extension Months Period of Performance ESTIMATED VALUE

7002 2 02/04/2025-04/03/2025

8002 2 04/04/2025-06/03/2025

9002 2 06/04/2025-08/03/2025

6 Months Total TOTAL ESTIMATED VALUE

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Follow-on contract. The work that will be performed under this action is considered a “follow-on” because the requirements under the extension are identical to the requirements that are currently being performed by Zolon Tech under the ESITE TO10 ending 3 February 2025. The follow-on contract is being competed and the source selection process is still ongoing. The Vertex IT follow-on is anticipated to be awarded in early March 2025.

Highly specialized services. NGA uses a customized version of the Blackberry AtHoc IWSAlerts system for Emergency Mass Warning and Notification (EMWN), Personnel Accountability, Business Continuity, and other mission areas pertinent to the accomplishment of NGA’s overall mission. Zolon Tech manages the application and database servers, manages the application, manages the data, manages user accounts, and formats and imports data regularly to ensure that NGA has a rapid and reliable communications capability for the entire workforce. Zolon Tech is uniquely familiar with NGA’s EMWN system and is currently engaged in managing an on-going upgrade to the system.

Unacceptable delays. Under E-SITE TO 10, Zolon Tech maintains and updates NGA’s EMWN system and provides technical support and maintenance for other Emergency Management systems as necessary.

Daily operations include updating data necessary for system functionality, repairing malfunctions, and managing and applying security updates to maintain accreditation of the system. In this capacity, Zolon Tech helps to ensure the safety of US intelligence assets, facilities, and personnel. Without an extension in place, NGA’s ability to maintain these systems will be diminished, resulting in a unacceptable delays to reconstitute, repair, or ensure that the data is current or that the system can maintain compliance with ICD 503. Such a lapse in service could result in loss of life or damage to property that would impact NGA’s intelligence mission and the United States of America. The unacceptable delay that would occur is not the result of a failure to plan, but rather due to a shift in the agency’s acquisition strategy during the course of executing its acquisition plan for the VERTEX program which ultimately segregated the VERTEX IT requirements from the remainder of the program which has caused delays necessitating the extension to E-SITE TO 10. The agency explored all available options for award and decided that the follow-on for the MOJAVE Functional Area (FA) 3 requirements (of which the ESITE TO 10 falls under) should remain separate from the Vertex pilot task orders covering the MOJAVE FA 1 requirements.

Therefore, the MOJAVE FA 3 requirements had to be decoupled from the Vertex pilot task orders and competed separately. The MOJAVE FA3 requirements, including those under ESITE TO 10, will be competed following the MOJAVE FA 1 pilots. Without an extension to the TO, all support services provided under the TO would cease and a gap will be created.

7. EFFORTS TO OBTAIN COMPETITION:

Award of a competitive follow-on contract encompassing requirements which include those under ESITE TO10 is in progress (VERTEX IT). The Request for Quote (RFQ) is anticipated to be issued by the end of the 3rd quarter FY24under the General Services Administration (GSA) Multiple Award Schedule (MAS) IT category as a total small business set-aside.

Notice of NGA’s intent to extend E-SITE TO 10 on a sole source basis is not required per FAR 5.202(a)(6), however, NGA plans to post a notice of intent to sole source to keep industry aware of the NGA’s intentions related to this requirement.

8. FAIR AND REASONABLE:

Before award of any contract action, the Contracting Officer will determine if the price is fair and reasonable by conducting price analysis in accordance with FAR 15.404-1(b). The ESITE IDIQ and

FAR 16.5 Justification for an Exception to Fair Opportunity not exceeding SAT, v2.0, 09/10/2024 4 | P a g e subsequent ESITE TO 10 were awarded on a competitive basis, and the rates established in the contracts were determined to be fair and reasonable based on price analysis. Additionally, NGA has historical price data from Zolon Tech and an Independent Government Cost Estimate (IGCE) that will be used to conduct a price analysis. Zolon Tech will be required to submit a proposal to be evaluated for the above requested extension.

9. DESCRIPTION OF MARKET RESEARCH CONDUCTED:

No additional market research was conducted for the potential eight-month extension for ESITE TO 10.

Generally, other sources are likely capable of performing the work under ESITE TO 10, and competitive procedures will be used to award the follow-on contract (VERTEX IT). However, until a follow-on contract is awarded, there is no source other than Zolon Tech that is capable of providing the services that NGA requires without unacceptable mission delays as discussed in Section 5. Additionally, NGA conducted a thorough requirements analysis and determined that the work performed by Zolon Tech under ESITE TO 10 does not fit within the scope of NGA’s existing enterprise contracts. Other enterprise contracts within the agency, such as the User Facing Data Center Services (UDS) and Transport & Cybersecurity Services (TCS) contracts, do not fall within the same scope of the current requirements as those services are providing the design and architecture platform versus utilizing current architectural structure to execute mission objectives. Therefore, there is no source other than Zolon Tech that is capable of providing the services NGA requires until the requirements can be transitioned to the VERTEX IT without acceptable delays. The Vertex IT follow-on to ESITE 10 is in full progress, with expectation of RFP release in early June 2024

10. OTHER FACTS:

ESITE TO 10 was extended for 6 months in accordance with FAR Clause 52.217-8 Option to extend services. This is the first extension approval requested beyond the -8 clause. In accordance with FAR 6.305(a), a copy of the approved J&A will be made publicly available within 14 days after award.

11. INTERESTED SOURCES:

While it is possible for other companies to provide the required technical services, provision of the necessary services by any other vendor is not possible without unacceptable mission delays as discussed in Section 5. A transition of mission needs without the requested extension to bridge current mission demand deadlines would result in capability losses due to lack of coverage and failure to meet current customer missions and will result in unacceptable delays to re-develop and/or re-procure lost functionality and data. The incumbent contractor, Zolon Tech, already has personnel in place and understanding of the requirements to prioritize support to customer mission needs without additional delay and added scope.

12. ACTIONS TO OVERCOME COMPETITION BARRIERS:

The follow-on for these requirements will be awarded on a competitive basis under NGA’s VERTEX IT solicitation released on 3rd quarter FY24.

FAR 16.5 Justification for an Exception to Fair Opportunity not exceeding SAT, v2.0, 09/10/2024 5 | P a g e

CERTIFICATIONS AND APPROVAL

ORDER WITH AN ESTIMATED VALUE EXCEEDING THE MICRO-PURCHASE THRESHOLD BUT NOT EXCEEDING THE SAT

13. PM/COR CERTIFICATION:

I certify that any supporting facts and data under my responsibility which form a basis for this Justification are accurate and complete to the best of my knowledge and belief.

SIGNATURE: DATE:

14. CONTRACTING OFFICER’S CERTIFICATION AND APPROVAL:

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

SIGNATURE: DATE: