FAR-Part13-5-Sole-Source-JA_ITSS _Redacted.pdf

Control No:

Contractor: PERSPECTA ENTERPRISE SOLUTIONS, LLC

Program/Equipment: Information Technology Support Services

Version –March 2017 FOR OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

FAR SUBPART 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS – SOLE SOURCE JUSTIFICATION AND APPROVAL

Program/Equipment: Installation Management Command - Europe (IMCOM-E) will procure three (3) additional months of service from Perspecta Enterprise Solutions, LLC, (Perspecta) for the Information Technology Support Services (ITSS) requirement currently contracted via W91QUZ-06-D-0013 Task Order 0U04.

Authority: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.5.

Amount: $ 619,504.45

Prepared by:

John Sarver

DSN: 314-542-6851

Contract Specialist Email: john.j.sarver.civ@mail.mil

Date:

Contracting Officer: Luke Maloney Contracting Officer Email: luke.m.maloney.civ@mail.mil

DSN: 314-542-6852

Date:

Technical:

DSN:

Requirements:

Reviews: I have reviewed this justification and find it adequate to support sole source.

Program Manager:

Typed Name:

Signature:

Version –March 2017 FOR OFFICIAL USE ONLY

Legal Counsel:

Typed Name:

Signature:

Version – March 2017 FOR OFFICIAL USE ONLY

FAR Subpart 13.5 Simplified Procedures for Certain Commercial Items – Sole Source Justification and Approval

1. Contracting Activity: The United States Army, 409th Contracting Support Brigade (CSB) Theater Contracting Center.

2. Description of Action: IMCOM-Europe requests a contract action to replace the expiring FFP Task Order, 0U04 under contract W91QUZ-06-D-0013 with Perspecta. The Government projects award for March 2020 using fiscal year 2020, and Operations and Maintenance, Army funds.

An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i)(B).

3. Description of Supplies/Services: The contractor shall provide ITSS to the HQ IMCOM-Europe, the Host Nation Liaison Field Operating Agency and three Garrisons:

Ansbach, Rheinland-Pfalz, and Wiesbaden. The extended requirement does not deviate from the terms and conditions of the existing contract and task order. The only change will come in the form of the extended period of performance.

Period of Performance: 14 APR 2020 to 13 JUL 2020 Total Value: $619,504.45

4. Authority Cited: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 (or 41 U.S.C. 1903 for Special Emergency Procurement) as implemented by FAR Subpart 13.5:

X Unusual and compelling urgency

Exclusive licensing agreements Industrial mobilization

Other:

5. Reason for Authority Cited:

a) This contract action provides services that are of an unusual and compelling urgency based on the circumstances surrounding operations of the U.S. Army, the U.S.

Government and the Federal Republic of Germany Government due to the impact of the spread of the Coronavirus COVID-19. The measures taken to combat the spread of the COVID-19 by the aforementioned, respective, entities presents an unusual challenge to competing and awarding, competitively, a new contract to replace the existing task order for IMCOM-E Information Technology Support Services in the time remaining before the current task order expires. IMCOM-E has a public responsibility to comply with the World Health Organization (WHO) and the Centers for Disease Control and Prevention (CDC) guidance to prevent further spread of COVID-19. IMCOM-E is also required to comply with Department of Defense and U.S. Army Europe guidance to implement plans to ensure compliance with directed force health protection measures throughout the area of operations in order to prevent an outbreak of COVID-19 within U.S. personnel (service members, civilians, contractors, and dependents) or confine it to as small a population as possible.

The expiring task order period of performance ends 13 APR 2020. The Department of Defense (DOD) has instituted a travel ban on any movement of military and civilian personnel from the U.S. into Europe for 60 days, which went into effect on 25 MAR 2020.

This contractor is the only contractor that can provide services by 14 APR 2020, which would allow for continuity of operations for IMCOM-E. The readiness of IMCOM-E is significantly impacted by the performance under the subject ITSS task order. IMCOM-E must maintain readiness throughout the impactful steps that have been taken and may be taken in the near future to address the fallout from COVID-19.

The impact to the Government customers if this service were to lapse includes user account administration (create, delete, modify) would be greatly reduced and likely cease, due to the need to be supported by the NEC, which likely does not possess the resources to provide the required support. This service also allows for issuing of SIPR tokens, SIPR account maintenance and management of the end-user SIPR network. If the service lapses these tasks would cease, requiring IMCOM to move to other facilities outside of its footprint to obtain SIPR access.

The provided services also provide SharePoint support, which is IMCOM’s main C2 collaboration tool. If the service lapses it would be unsupported. Information would grow stale and technical issues would remain unresolved decreasing IMCOM’s ability to communicate to the field, which drastically affects the organization’s ability to deal with

COVID-19.

The IMCOM-Europe Regional Director and his primary staff is supported via this service contract. If the services were to lapse the IMCOM-E Director would be without IT support staff, which would threaten leadership’s ability to communicate with the field, which has a significant detrimental effect on readiness. Additionally, this requirement supports setup, tear down, management and maintenance of our VTC bridge. Without this service it would cease to be supported - virtually eliminating the ability to provide real-time video communication to senior and regular staff.

Garrison Information Systems affecting housing, provost marshal, public works, etc.

would be severely limited in their utility as patching, technical support and other IT support issues are serviced by this requirement. The impact of degradation of Garrison systems would negatively affect overall readiness.

Without the services provided via this requirement patching of information systems, where over-the-wire support was not available or failed, would dramatically increase IMCOM-E’s security threat footprint.

ITSS is critical to the daily operations, communications and accountability across the IMCOM – Europe region. Suspending operations would have a grave impact on the readiness of the Armed Forces in Europe, and provide a significant advantage to U.S.

adversaries. Insufficient Government personnel exists to provide organic use of in-house personnel/expertise to fill gaps in contracted services. The type of service is not inherently governmental in nature, and service reliance is predominantly provided through commercial market acquisitions.

These services are of a recurring nature; however, the measures taken to address the COVID-19 fallout have seriously put in jeopardy the ability of the Government to award a contract to continue services. Further, the degradation of normal operations within the posts, for instance, changes to the Installation Access Control System (IACS) process threaten the seamless continuation of contracted services. The IACS process has been adjusted to limit face-to-face interaction. Appointments are now required and the loss of efficiency will create a backlog of undetermined effect.

(b) Alternatives: No alternative currently exists to satisfy the need for continued services prior to task order 0U04’s performance end.

There is an established contractor base for these services via the wider industrial base, but specifically, Computer Hardware Enterprise Software and Solutions (CHESS) Information Technology Enterprise Solutions 3-Solutions (ITES-3S). Market research conducted in January 2020 concluded there were capable vendors to support this effort.

However, the current task order holder has an established workforce of personnel that meet the Government’s security qualifications, but are ultimately residents of the host nation country. Therefore, the current task order holder does not rely on Technical Expert Status Accreditation (TESA) status for its employees. The TESA accreditation allows for approved contractors to operate in Germany under the Status of Forces Agreement (SOFA) between the US and FRG. Market research revealed that most capable contractors would still require DOD Contractor Personnel (DOCPER) or European Contractor Processing System (ECOPS) approval and TESA status employees for the re-competition on the follow-on contract. During usual conditions, the stateside vendors that may rely on employees that require DOCPER/ECOPS processing and approval would be able to provide support for these services after accounting for the logistics and approval timeframe required to get U.S. based employees to Germany to perform services. However, under these conditions and short timeframe any contractor that would require TESA employees to support these services wouldn’t be able to meet the timeframe, nor potentially be allowed, to have their employees on-site by 14 APR 2020.

There are IT service contractors with a presence in Germany and within the performance areas of this contract. However, market research did not provide any indication the aforementioned contractors could call upon an existing locally based workforce to meet the requirements of the follow-on.

When strictly referring to performance on the existing service and not considering the Market Research performed on the anticipated follow-on effort, the Government considered whether contractors could compete for this extension of services with the intention of winning the competition while intending to retain the existing contractor personnel. Using the existing contractor personnel would likely be the only way to provide the required services within the short timeframe to allow performance to begin 14 APR 2020. Under that scenario and with the tight timeframe, a contractor would have to win the award of the bridge contract with a bid that includes pricing for employees the company may not have previously conferred with. The firm would then have to get the contractor personnel to agree to its price, which would likely include negotiations, and get all access cards (CAC) approved while considering the current degraded state of base operations, and specifically the Installation Access office. The probability of this series of events unfolding in a manner that would allow for the Government to receive the required services by 14 APR 2020 is highly improbable.

Market research doesn’t support that an existing contractor with in-country personnel that meet the acceptability requirements of the contract, including security requirements, could win the contract and start the base and system access process immediately.

However, that possibility assumes the contractor has excess employees in-country and available to take on new contract. Via requirements activity review of local contracts, there is no indication that scenario exists, without even considering the probability of its success.

(c) Additional consideration:

1) An additional three (3) months period of performance is required to allow for the

Government to successfully transition from the current contractual solution to the subsequent solution. The uncertainty surrounding the impacts of the COVID-19 spread and measures taken to combat the spread could have a significant impact on the availability of another contractor to perform this service. The three-month timeframe is acceptable to allow for a competition to replace the expiring contract, but only on the assumption that operations remain feasible considering the vendor base and the requiring agency and acquisition workforce.

The three months requested for this contract action, because of the unusual circumstances of the worldwide pandemic, are in line with existing DOD guidance such as stop movement orders, which currently affects a 60-day timeframe. The three months encompasses the DOD stop movement timeframe and then would allow for a phase-in for the subsequent follow-on contract action.

6. Efforts to Obtain Competition: In accordance with FAR 5.202(a)(2), this action will not be synopsized.

7. Actions to Increase Competition: The Government intends to solicit for these services on the CHESS ITES-3S contracting vehicle. Assuming the impacts of the measures taken to address the COVID-19 spread allow for telework and electronic communications, the Government anticipates awarding a task order that would allow the contractor to properly staff the requirement once the travel ban is lifted.

The Government intends to make an award by to account for the phase-in period.

8. Market Research: Market research was performed from SEP 2019-JAN 2020 by the contracting office and requiring activity. A request for information was posted to CHESS

ITES-3S with responses due 31 JAN 2020. Market research indicates there are multiple capable vendors to perform these services under normal circumstances.

9. Interested Sources: Multiple capable vendors were identified on the CHESS ITES-3S contract suite.

10. Other Facts:

a. Procurement History

(1) W91QUZ-06-D-0013-0U04 16 JUN 2016 to 13 APR 2020.

(2) The current contract period of performance ends 13 APR 2020 and it was acquired via fair opportunity on CHESS ITES-2S.

11. Technical Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Typed Name: Date:

Title: Signature:

12. Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Typed Name: Date:

Title:

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable. The Government has provided an IGE and historical pricing will be used to perform the price analysis.

This determination will be made using the following: X price analysis analysis X IGE audit: other:

As a part of this basis, certified cost or pricing data is not required because the item and/or services being acquired are considered commercial.

Typed Name: Luke M. Maloney Date:

Title: Contracting Officer Signature:

cost

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Typed Name: Luke M. Maloney Date:

Title: Contracting Officer Signature:

08:37:16 +02'00'

0R9igh1t-C5lick6"S7ign7at7ure SeDtuapt"e: 2020.04.02

MALONEY.LUKE.

M.1409156777

X LUKE.M.14

Digitally signed MALONEY. by

15:55:45 +02'00' 0R9igh1t-C5lic6k "S7ig7nat7ure SDetuapt"e: 2020.04.01 M.1409156777 LXUKE.M.14 MALONEY.LUKE.

Digitally signed MALONEY. by