Exception to Fair Opportunity_FINAL_Executed.pdf

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

FAR 16.505(b)(2)(i)(B), Only One Awardee is Capable of Providing the Supplies or Services

National Archives and Records Administration 8601 Adelphi Road

College Park, MD 20740-6001

Enterprise Cloud Bridge Task Order

Technical or Requirements Personnel Certification:

I hereby certify that this justification for an exception to fair opportunity is made in good faith, that the supporting data and information are accurate and complete to the best of my knowledge and belief, and that I would not be making this request if it were feasible to compete this requirement. I further certify this request is not the result of a desire to expend funds while those funds are still available.

Wanda Michals Date

IT

Contracting Officer Concurrence:

I have reviewed this justification and conclude that it is accurate and complete to the best of my knowledge and belief.

Jeffrey Auser Date Contracting Officer (Z)

General Counsel Concurrence:

I have reviewed this justification and consider it legally sufficient.

Stephani Abramson Date Legal Counsel

August 19, 2020

Senior Procurement Executive Concurrence:

I have reviewed this justification and conclude that it is accurate and complete to the best of my knowledge and belief.

Willie Mae Williams Date Senior Procurement Executive (Z)

NARA Competition Advocate Approval:

I have reviewed this justification and hereby certify that it is accurate and complete to the best of my knowledge and belief. In accordance with FAR 16.505(b)(2)(ii)(C) and NARA 501, I approve this justification.

Donna Forbes Date NARA Competition Advocate (B)

NARA Chief Acquisition Officer Approval:

I have reviewed this justification and hereby certify that it is accurate and complete to the best of my knowledge and belief. In accordance with NARA 501, I approve this justification.

La Verne A. Fields Date Chief Acquisition Officer (Z)

I. IDENTIFICATION OF THE AGENCY AND THE CONTRACTING ACTIVITY,

AND SPECIFIC IDENTIFICATION OF THE DOCUMENT AS A

“JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY”.

See Page 1.

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

The National Archives and Records Administration (NARA) intends to restrict competition in order to maintain continuity of existing services during its competition for a replacement Enterprise Cloud contract.

III. A DESCRIPTION OF THE SUPPLIES OR SERVICES REQUIRED TO MEET

THE AGENCY’S NEEDS (INCLUDING THE ESTIMATED VALUE).

NARA has an ongoing requirement for Amazon Web Services (AWS) Infrastructure-as-a-Service (IaaS) and Platform-as-a-Service (PaaS) hosting for systems that are currently being developed, currently being migrated to, or currently hosted in AWS IaaS and PaaS environments. Additionally, NARA requires continuity of managed services and professional services related to the provisioning of cloud services. NARA requires hosting and managed services for the following systems:

1. Electronic Records Archives (ERA) 2.0, formerly Optimized Ingest Framework

(OIF);

2. National Archives Catalog (NAC);

3. Description and Authority Service (DAS);

4. Partnership Digitization;

5. Websites to the Cloud (WTC);

6. ERA 2.0, Executive Office of the President (EOP);

7. Electronic Document Management System (eDOCS);

8. EOP 44 data transport and control (DATR) environment;

9. CyberArk Hosting;

10. Presidential Library Website Hosting;

11. Electronic Physical Access Control System (EPACS);

12. 1950 Census Records Processing and Hosting;

13. Agency Digital Asset Management System (ADAMS); and

14. Information Technology Operations Sandbox.

As part of its existing flexible ordering agreement (FOA), NARA engaged professional services for the Enterprise Cloud Vendor to provide DevOps support for NARA Vendors currently providing ERA 2.0 development. Additionally, NARA requires the Vendor to develop a security architecture for ERA 2.0 that can be replicated across all the systems currently hosted in AWS. Finally, NARA requires the Vendor to provide the initial security configuration for the 1950 Census Records Processing and Hosting environment.

The period of performance for this task order is September 30, 2020 through September 29, 2021. The estimated ceiling value of the task order is $13,219,320.00.

IV. IDENTIFICATION OF THE EXCEPTION TO FAIR OPPORTUNITY (SEE

16.505(b)(2)) AND THE SUPPORTING RATIONALE, INCLUDING A

DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE

QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES

USE OF THE EXCEPTION CITED. IF THE CONTRACTING OFFICER USES

THE LOGICAL FOLLOW-ON EXCEPTION, THE RATIONALE SHALL

DESCRIBE WHY THE RELATIONSHIP BETWEEN THE INITIAL ORDER

AND THE FOLLOW-ON IS LOGICAL (E.G., IN TERMS OF SCOPE, PERIOD

OF PERFORMANCE, OR VALUE).

FAR 16.505(b)(2)(i)(B), Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized. It is not feasible to seek fair opportunity competition for this requirement to maintain continuity of services. NARA is executing a one (1) year task order in lieu of extending the term of the current FOA by six (6) months.

NARA is in the process of conducting market research and acquisition planning to replace the current Enterprise Cloud contract. NARA’s acquisition strategy involves decoupling the IaaS / PaaS from the managed services and professional services.

However, because of the decoupling of the professional services from the IaaS / PaaS services in addition to NARA’s multiple cloud strategy, the timing of the replacement contract and the services has to be staggered. The services required under the current flexible ordering agreement (FOA) must continue uninterrupted in order for NARA to continue performing its mission, during its competition for the restructured contract. The strategy has increased the complexity, and thus the time necessary for execution of contracts to continue the existing services, add other cloud services, and acquire professional services to enable effective cloud integration and management.

Additionally, on March 23, 2020 NARA limited access to its physical facilities to personnel and contractors in response to the Corona Virus Disease (COVID-19). This has forced all NARA personnel and contractors to telework 100% of the time, except for limited essential personnel. On March 31, 2020, NARA posted a notification to beta.sam.gov indicating that it would not be able to have any in person presentations or meetings concerning its requirements with industry.

V. A DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND

REASONABLE.

The prices on the National Institute of Health (NIH) Department of Health and Human Services, National Institutes for Health Information Technology Acquisition and Assessment Center (NITAAC) Government Wide Acquisition Contract (GWAC) CIO- CS contracts have already been determined to be fair and reasonable. This requirement is for commercial items that are available on CIO-CS. NARA expects that the pricing in this task order will be similar to the pricing currently in its Enterprise Cloud Flexible Ordering Agreement (FOA).

VI. ANY OTHER FACTS SUPPORTING THE JUSTIFICATION.

NARA requires continued hosting for terabytes of data and systems that have been developed using AWS, without interruption. Any disruption to the continued hosting of these systems could result in the loss of a significant amount of data and countless hours of effort to develop and deploy systems in the cloud. The cost to recover the data and reestablish these systems is immeasurable.

VII. A STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO

REMOVE OR OVERCOME ANY BARRIERS THAT LED TO THE EXCEPTION

TO FAIR OPPORTUNITY BEFORE ANY SUBSEQUENT ACQUISITION FOR

THE SUPPLIES OR SERVICES IS MADE.

NARA is issuing this task order for a period of one (1) year in order to allow sufficient time to develop its requirements and conduct a competition for a multiple cloud contract.

Additionally, NARA is decoupling the provisioning of cloud IaaS and PaaS services from professional services. The professional services will be a separate solicitation that would be dependent upon the results of the multiple cloud competition.

VIII. THE CONTRACTING OFFICER’S CERTIFICATION THAT THE

JUSTIFICATION IS ACCURATE AND COMPLETE TO THE BEST OF THE

CONTRACTING OFFICER’S KNOWLEDGE AND BELIEF.

See page 1.

IX. EVIDENCE THAT ANY SUPPORTING DATA THAT IS THE

RESPONSIBILITY OF TECHNICAL OR REQUIREMENTS PERSONNEL (e.g., VERIFYING THE GOVERNMENT’S MINIMUM NEEDS OR REQUIREMENTS

OR OTHER RATIONALE FOR AN EXCEPTION TO FAIR OPPORTUNITY)

AND WHICH FORM A BASIS FOR THE JUSTIFICATION HAVE BEEN

CERTIFIED AS COMPLETE AND ACCURATE BY THE TECHNICAL OR

REQUIREMENTS PERSONNEL.

X. A WRITTEN DETERMINATION BY THE APPROVING OFFICIAL THAT ONE

OF THE CIRCUMSTANCES IN (b)(2)(i)(A) THROUGH (E) OF THIS SECTION

APPLIES TO THE ORDER.