JA_HEDC_Jun_2022_Redacted.pdf

CONTROLLED UNCLASSIFIED INFORMATION

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

CONTROLLED UNCLASSIFIED INFORMATION April 2021 Page 2 of 5

I. Agency and Contracting Activity.

6038 Aspen Avenue, Hill AFB, UT 84056-5838 Contracting Officer: Bradley Tobler

DSN: 777-6481 COMM: (801) 777-6481

PCO: Bradley Tolber, bradley.tobler.2@us.af.mil Purchase Request: TBD

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

A. Upon approval to use other than full and open competitive procedures, the United States Air Force will issue a modification to contract FA8201-18-D-0015 and new task order for the continuation of technical engineering, architecture development, maintenance, and additional software services in support of HEDC sustainment operations and on-boarding of additional applications selected for consolidation during the performance period.

B. On 8 February 2022 a follow-on HEDC Sustainment, Modernization and Consolidation (SMaC) contract (FA8201-22- D-0001) was awarded. However, after enhanced post award debriefings, two Government Accountability Office (GAO) protests were received on 22 February 2022 in relation to the HEDC SMaC contract. A GAO decision that dismissed the protests was received on 1 June 2022. However, on 13 June 2022 a Court of Federal Claims (COFC) protest was filed. The Agency agreed to a stay of performance until 15 September 2022, at which time a COFC protest decision is expected.

C. The current contract, FA8201-18-D-0015, ends on 14 July 2022. This modification will extend this IDIQ contract's ordering period and period of performance until 14 March 2023. The Air Force intends issue a sustainment task order with two options, to allow for two possible courses of action (as referenced below). Only one course of action (option) will be exercised, depending upon the COFC protest decision.

The base period will be:

FROM: 15 July 2022 TO: 19 September 2022

Option 1(if COFC protest is dismissed), 45 day transition period from current contract to new contract:

FROM: 20 September 2022 TO: 4 November 2022

Option 2 (if COFC protest is sustained), 6 month period of performance:

FROM: 20 September 2022 TO: 14 March 2023

D. The estimated maximum contract value of additional service, from 15 July 2022 to 14 March 2023 is

E. Company: Systems Implementers, Inc. (SI)

Address: 1436 S Legend Hills Dr Ste 140 Clearfield, UT

84015-2188 CAGE: 1FNW9

F. Contract Type: Firm-Fixed Price (FFP), Indefinite Delivery/Indefinite Quantity (IDIQ)

G. Estimated Contract Maximum

FROM:

TO:

Increase:

H. Type of J&A: Individual

I. Estimated date of Modification: 5 July 2022

CONTROLLED UNCLASSIFIED INFORMATION April 2021 Page 3 of 5

J. Purchase Request: TBD

III. Description of supplies/services required to meet agency needs (including the estimated value).

A. The purpose of this effort is to continue Information Technology (IT) Professional Subject Mater Expertise (SME) in Enterprise Architecture, Engineering and Services support, which includes: engineering, infrastructure architecture design, technology councils, modernization, consolidation, hosting, Business Case Analysis (BCAs), Economic Analysis (EA), Analysis of Alternatives (AOAs), Conference Room Pilots (CRPs), and Technical and Program/Project Management Support Services to the 75th Air Base Wing Communications and Information Directorate (75 ABW/SC) at Hill Air Force Base (HAFB), Utah and 16 other Continental United States (CONUS) Hill Enterprise Data Center (HEDC) Wide Area Network (WAN) Point of Presence (POP) Portable Operating Data Center (POD) locations for current HEDC workload. This effort includes the implementation of Air Force directives and local policies, organizational structure, systems and procedures necessary to support the Department of Defense (DoD). Supported activities include onboarding, administration, performance tuning, disaster recovery planning, enterprise networking, and technical management necessary to support current customer applications and customers with mission critical requirements to be onboarded.

B. The CLIN structure for this requirement will be as follows (POP 15 March 2022 to 14 July 2022):

Base period of performance 15 July 2022 - 19 September 2022 (Total Estimated Value:

CLIN# CLIN Description CLIN Type Unit Qty Est. Unit Price Est. Value 0001 Sustainment FFP MO 2 0002 Onboarding FFP MO N/A N/A N/A 0003 CDRLs NSP LOT N/A N/A N/A

**The following CLINs are options to extend the term of the contract in accordance with FAR 52.217-9 at the task order level.

Only one option will be exercised, depending upon the COFC protest decision.**

Option 1 period of performance 20 September 2022 to 4 November 2022 (Total Option Value Estimate: ) CLIN# CLIN Description CLIN Type Unit Qty Est. Unit Price Est. Value 2001 Sustainment FFP MO 2 2003 CDRLs NSP LOT N/A N/A N/A

Option 2 period of performance 20 September 2022 to 14 March 2023 (Total Option Value Estimate: ) CLIN# CLIN Description CLIN Type Unit Qty Est. Unit Price Est. Value 3001 Sustainment FFP MO 6 3003 CDRLs NSP LOT N/A N/A N/A

C. The type of funding being utilized for this action will primarily be 3400, Operation and Maintenance (O&M) funds.

IV. Statutory authority permitting other than full and open competition.

10 U.S.C. 2304(c)(2) as implemented by FAR 6.302-2 and required by FAR 6.303-2(b)(4).

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

A. The current HEDC bridge contract's period of performance is set to expire 14 July 2022. The follow-on HEDC SMaC source selection was awarded 16 July 2020; however, two protests caused a stay of performance to be issued and resulted in the Government choosing to take corrective action. Another delay was caused by an additional protest received in March 2021.

An additional delay was caused by a small business size status challenge received on 12 January 2022. After the Government took corrective action, the follow-on HEDC SMaC contract was re-awarded on 8 February 2022. However, two protests to this award were received on 22 February 2022, causing a stay of performance and delay until the GAO made its decision, CONTROLLED UNCLASSIFIED INFORMATION April 2021 Page 4 of 5 dismissing both protests, on 1 June 2022. On 13 June 2022 a COFC protest was filed. The Agency agreed to a stay of performance until 15 September 2022, at which time a COFC protest decision is expected, based on the scheduling order issued by the COFC judge.

B . Only the incumbent contractor, SI, would be able to perform requirements of the HEDC effort without the Government experiencing a break in service. As the COFC works through the protest to provide a decision, the current HEDC contract must be extended from 15 July 2022 to 19 September 2022, to allow sufficient time for the protest decision to be made.

Additionally, options will be required for alternate courses of action, based on the COFC decision. Option 1 will extend the period of performance from 20 September 2022 to 4 November 2022 to allow for a 45-day transition period between the current contract and the new contract, and will be exercised only if the COFC dismisses the protest. Option 2 will extend the period of performance from 20 September 2022 to 14 March 2023, and will be exercised only if the COFC sustains the protest and corrective action is required.

C. A break in service would eliminate performance continuity across the HEDC infrastructure, and place multiple mission critical applications at risk. The HEDC infrastructure supports multiple SAF and MAJCOM applications and systems. For example, this would cost the Air Force per hour in lost productivity and downtime in just one of the Maintenance Wings that this effort supports.

D. Accordingly, the unusual and compelling circumstances outlined above require award of this contract modification to the incumbent contractor. Until services may be performed under the competitively-awarded HEDC SMaC contract, SI is the only firm with the required skill-sets in place for this contract extension to continue providing the services required in Section III above without the United States Air Force experiencing a break in service leading to unacceptable project delays and downtime events for critical maintenance and enterprise information systems. To have any other contractor perform the services would require 45 days of transition time. Due to these circumstances, there are no feasible actions that can be taken to promote competition during the period of the COFC protest of the HEDC SMaC contract award. This contract modification is to provide critical services while the COFC makes a protest decision and allows for alternate courses of action depending on that decision.

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under FAR 5.202 applies.

Exception at FAR 5.202(a)(2) applies. See section VIII.

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

The following steps will be taken to ensure that the anticipated cost of this acquisition will be fair and reasonable. The Contracting officer will comply with the procedures and criteria contained in Federal Acquisition Regulation (FAR) under Part 30 - Cost Accounting Standards, Part 31 - Contract Cost Principles and Procedures, Subparts 15.4 - Contract Pricing; to include technical evaluations from the appropriate technical experts. Additional steps to ensure price reasonableness actions will be under the guidance of the Contract Pricing Reference Guides, jointly developed by the Federal Acquisition Institute and the Air Force Institute of Technology.

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

Market research was not conducted as this requirement is of unusual and compelling urgency. The extension to the current IDIQ contract (FA8201-18-D-0015) will serve as a bridge until a COFC decision is made and, depending on the decision, either (1) sufficient transition time is allowed, or (2) corrective action is taken by the Agency.

Market research was conducted for the HEDC SMaC source selection.