FAPNet_J_and_Av7-Fully_Executed-_redacted_Redacted.pdf

Justification and Approval (J&A) for Other Than Full and Open Competition

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NOTE: If a Justification and Approval was approved for the preceding acquisition, a copy of the approved J&A for the predecessor action must be included in the staff package for approval of the instant J&A. This applies to J&A staff packages that are submitted for review and approval at a level above the contracting officer. The predecessor J&A will be used as a reference document by the approving official.

Choose the funding level for this J&A Document:

< $700K > $700K and < $13.5M > $13.5M and < $93M > $93M

Contracting Activity: 773 ESS/PKB

Purchase Request / Local ID Number:

Program / Project (and PE, if applicable): Family Advocacy Program (FAPNet) and Exceptional Family Member Program (Q-base) Automated Systems

Program Type (PEO or Other Contracting): Other Contracting

Authority (include full title): 41 U.S.C. 1901, as implemented by FAR 13.5, Simplified Acquisition Procedures for Certain Commercial Items

Estimated Contract Cost (including options): $ 369,442.47 J&A Type: Class Individual

COORDINATION (AFFARS 5306.304(a) )

Date

22 Aug 2017

Contracting Officer Mr. Corey M. Berry

773 ESS/PKB; (210)395-9824

Signature

Date Project Lead / Program Mgr / Requiring Activity Mr. Leasley Besetsny

AFMOA/SGHW; (210)395-9269

Signature

APPROVAL (AFFARS 5306.304(a) )

Date

22 Aug 2017

Chief of the Contracting Office (COCO) (Acting) Ms. Joanna L. Soppe

773 ESS/CD; (210)977-5682

Signature

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I. Contracting Activity.

DEPARTMENT OF THE AIR FORCE

Contracting Officer: Mr. Corey Berry Phone Number: 210-395-9824

AFICA 773 ESS/PKB

3515 S. General McMullen, Ste. 200 San Antonio, TX 78226-1865

II. Nature and/or description of the action being processed.

This is a sole source justification for a Firm-Fixed-Price, non-personal services bridge contract for AFMOA Family Advocacy Program (FAPNet) and Exceptional Family Member Program (Q-base) Automated Systems (herein named FAPNet). The purpose of the this bridge is to avoid a lapse in service and provide training to the follow-on Contractor during a transition period between the current effort and the follow-on effort. The current contract, FA8052-12-C-0040, will expire 30 August 2017. The current effort was originally sole source awarded IAW FAR 6.302-1 to Defenseweb Technologies (DWT) as they owned the data rights to the software that FAPNet depends on. During the life of FA8052-12-C-0040, AFMOA gained hard drives with the required source code and programming to successfully execute the FAPNet requirement within a competitive environment; however, the negotiations for the data rights to the source code were lengthy and hard drives were not received until 7 August 2017. There is not adequate time to solicit and train new personnel before the current effort expires. This justification will result in a three month period of performance, 31 August 2017 - 30 November 2017.

Ultimately, this action will give the acquisition team ample time to provide a fair opportunity to all qualified vendors under the NETCENTS-2 follow-on requirement, subject to FAR 16.5 procedures.

III. Description of supplies/services required to meet agency needs.

The proposed contract will procure sustainment services in support of multiple United States Air Force (USAF) Medical Operations Agency (AFMOA) web-based computer system applications. The AFMOA programs known as the Family Advocacy Program (FAP) and Exceptional Family Member Program-Medical (EFMP-M), also known as Special Needs Identification and Assignment Coordination (SNIAC) Program, provide a suite of applications or a “Family of Systems” to approximately 1000 end-users. The AFMOA suite of applications include the FAPNet, Family Advocacy System of Records (FASOR), New Parent Support Program (NPSP), Outreach Prevention Automated Log (OPAL) and Qbase. The FAP and EFMP- M programs are managed by AFMOA at Lackland AFB, San Antonio, TX, providing policy guidance, standards and necessary program information to staff at 76 CONUS and OCONUS locations.

This family of systems provides clinical medical record input, access, and storage for perpetrators and victims of domestic violence/child abuse. It also documents and facilitates the assistance of families with special needs dependents. Information for secondary and tertiary domestic abuse prevention efforts are recorded / maintained. Congress requires quarterly metrics on domestic violence and child abuse; FAPNet provides that data. FAPNet ensures compliance with the Congressional mandate to conduct background checks for child abuse perpetrators before DoD entities hire in certain positions, i.e.: child care centers, DoD schools. All DoD (Navy, AF, Army, Marines) services coordinate with one another to complete these checks, ensuring individuals who have done, or could potentially do harm to children, are not hired into positions that care for / supervise / provide services to children.

Under the contemplated bridge contract, the Contractor will provide system sustainment, program management, technical support, and other duties as outlined in the PWS for the FAPNet program. This bridge contract will order approximately three months (31 August 2017- 30 November 2017) of program coverage.

The appropriations utilized for this bridge effort will be 97 0100 Operations & Maintenance (O&M) Family Advocacy Program funds.

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IV. Statutory authority permitting Other than Full and Open Competition.

Pursuant to the authority of 41 U.S.C. 1901, as implemented by FAR 13.5, Simplified Acquisition Procedures for Certain Commercial Items.

V. Demonstration that the contractor's unique qualifications or nature of the acquisition requires the use of the authority cited above (applicability of authority).

The AFMOA suite of applications relies upon Xtendable Server, a proprietary web engine owned by DWT, as their core software platform. AFMOA began contracting with DWT in 1999 to design and develop web applications in support of FAP.

DWT continued to host, maintain and sustain the applications via a series of sole source task orders awarded off of GSA, as well as sole source contracts through both SPAWAR and 773 ESS. DWT was the only vendor who had a development environment and data rights to manipulate the source code for Xtendable Server.

In 2005 the Government was given a software option which would reduce software cost by building upon the contractor's Xtendable core. This core included functionality that was developed for commercial enterprise. The benefits of this core provided established components such as modules for personnel, user registration, account access levels and calendar functions. This meant that the suite would not require a custom tailored platform. Additionally, the core included its own programming language which allowed for quicker developing, reducing cost. At the same time, since the programming language was not standard it added a level of security to the website because the language isn't vulnerable to SQL injects, which is a cyber attack method. For those reasons the Government proceeded with development around the core. The downside to this is the modules which were developed depend upon this core and would not function without it.

DWT was forced to divest themselves of all Government contracts as a result of a their company's procurement by Humana;

however, DWT still remained a legal party to the current contract, FA8052-12-C-0040. To follow Humana's directive, DWT subcontracted to Three Wire to perform troubleshooting and sustainment services for end users throughout the remaining life of this contract. DWT elected to step away from actively maintaining the Xtendable software, and elected to provide the Air Force AFMOA FAP program office specifically negotiated license rights for system maintenance and sustainment. The negotiations between the Air Force and DWT included the provision of eight (8) hard drives with programmed software and source code. The complexity of the Xtendable core, and the data rights to said core, have been significant barriers to competition. With the procurement of the Source Code of the Xtendable core, the negotiations of limited distributable license rights only directly attributable to services performed for the AFMOA FAP program, and the training that encompasses this bridge, 18 years of barriers to competition have been removed; thereby, a follow-on Contractor will be able to maintain and add to the modules under AFMOA suite of systems.

Compelling circumstances are derived from two factors:

1) Time limitations as a result of negotiations of specifically negotiated license agreements, and logistical constraints in compiling and shipping the Source Code. These negotiations and logistical constraints endangered the follow-on effort by instilling a level of uncertainty as to whether the Source Code and the license agreements could be negotiated and unpredictability as to when the Source Code would be received. Any failure of negotiations would have resulted in the inability to successfully accomplish FAPNet without recreating a new FAPNet absent the Xtendable Core. The Government was able to successfully negotiate the license agreement and the procurement of eight (8) hard drives which was received on 7 August 2017. There is not adequate time to solicit and train new personnel before the current effort expires on 30 August 2017. This justification will result in a three month period of performance, 31 August 2017 - 30 November 2017, to the incumbent's subcontractor, Three Wire.

2) The training components as a result of the highly specialized components of the requirement. Due to the uniqueness of this Xtendable core, an instructional and training period is required to ensure a smooth transition between Three Wire and the follow-on Contractor under the competitive award. This instructional and training period will be enforced through the submission of an Associate Contractor Agreement (ACA) from both Contractors pursuant to AFFARS IG5317.9000. Without the knowledge level and involvement of the technical requirements of Three Wire's management staff, risk system errors/ downtime would rise significantly and perpetuate until another contractor can accomplish technical competence. System errors and downtime are unacceptable delays that the Air Force cannot risk as a disruption would jeopardize military families' treatment and safety. The FAPNet distributes various levels of access to patient records. Without the ability of the FAPNet to function and manage levels of access, there is a high risk that a sexual offender or other deviants would gain access to a vulnerable group of individuals, most specifically children of our military families. This would occur in a situation

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[FOUO]20 Apr 2017 [FOUO]20 Apr 2017 where a previously trusted individual had been involved in illegal activities, or had engaged in inappropriate behavior, thereby resulting in the immediate removal or limitation of their access to the FAPNet. Without this ability, this would result in not only endangerment to vulnerable individuals through the access and exposure of patient records, but would also engender a public relations crises given the high-visibility of this program within Congress; therefore, any delays would result in serious injury to the Family Advocacy Program in the public's perception of the Air Force, as well as endanger a vulnerable group of our military families.

At this time Three Wire is the only company other than DWT who would be able to execute the highly specialized FAPNet program successfully without the U.S. Air Force experiencing unacceptable delays and high-risk activities in fulfilling its requirements. It is because of these reasons, the 773 ESS believes it is in the best interest of the Air Force to award a bridge contract to Three Wire, the subcontractor to DWT, as they are the only technically capable source within the allotted time.

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

The FAPNet system software has been in a sole source environment since 1999 when DWT owned and operated the systems source code. The procurement of the hard drives with Source Code enables a greater amount of competition because the 773 ESS can remove it from a sole source environment and procure it through the NETCENTS-2 applications services small business pool. The follow-on to the current effort is undergoing business clearance adjudication prior to the release of the request for proposals. There are seven contractors available under the NETCENTS-2 small business pool, of which two have expressed interest in the follow-on contract as a result of RFI responses. The purpose of this contract is to bridge the current effort with the follow-on competitive action. To remove the risk of system failure and downtime it is in the best interest of the Government to award a three month bridge contract to Three Wire as they are currently executing FAPNet requirements.

The 773 ESS has issued a notice of contract action on FedBizOps.gov 15 August 2017 for six (6) calender days as prescribed in FAR 5.203(a)(1).

VII. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer (CO) has determined that the anticipated cost will be fair and reasonable based upon evaluation of actual price history, previously submitted prices for this program and a comparative analysis of the proposed price with the IGCE (attached). Other than Certified Cost or Pricing Data will be required. Lastly, pursuant to FAR 15.404, a price analysis will be conducted to evaluate the reasonableness of individual cost elements.

VIII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

The purpose of this bridge contract is to connect the current effort with the follow-on contract. Market research has been conducted for the follow-on effort as a result of an RFI submission. Two (2) out of the seven (7) contractors from the NETCENTS-2 small business pool have expressed interest in the follow-on requirement.

IX. Any other facts supporting the use of Other Than Full and Open Competition.

All facts supporting the justification are demonstrated within Sections V and VI.

X. List of sources, if any, that expressed interest in the acquisition.

Three Wire Systems, LLC 3130 Fairview Park Dr Falls Church, VA, 22042-4521

DUNS: 783193175 CAGE CODE: 4GPT6

XI. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before making subsequent acquisitions for the supplies or services required.

With the procurement of the Source Code of the Xtendable core, the negotiations of limited distributable license rights only

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[FOUO]20 Apr 2017 [FOUO]20 Apr 2017 directly attributable to services performed for the AFMOA FAP program, and the training that encompasses this bridge, 18 years of barriers to competition have been removed; however, the time required to provide fair opportunity for the follow-on requirement is not available. During the contemplated three month period of performance, the same requirement for a longer period of performance will be competed and awarded with time to transition without any foreseeable break in service, quality, and support.

XII. Certification by the Contracting Officer.

As evidenced by my signature above, I have determined this document to be both accurate and complete to the best of my knowledge and belief.

XIII. Certification by the technical/requirements personnel.

As evidenced by my (our) signature(s) above, I (we) certify that any supporting data contained herein, which is my (our) responsibility, is both accurate and complete.