GEF Bridge JA FAR Part 6 -- Final Version_Redacted.pdf

CUI//SP-SSEL

Control Number: JA-24-HUA-88

(Source Selection Information - See FAR 2.101 and 3.104-4)

Requirements Representative:

Typed Name: PH:

Title: FUOPS Branch Chief Date: 11/30/2023

Reviews

I have reviewed this justification and find it adequate to support the justification for an exception to fair opportunity.

Legal Counsel

Typed Name: _ PH:

Signature Date: ____________

Command Advocate for Competition

Typed Name: ______________PH:

Signature Date: ____________

Justification for an Exception To Fair Opportunity Under FAR 16.505(b)(2)

1. Contracting Activity: U.S. Army Contracting Command, Aberdeen Proving Ground (ACC-APG), Huachuca Division, 2133 Cushing Street, Building 61801, Room 2637, Fort Huachuca, AZ 85613-7070.

2. Description of Action: The Network Enterprise Technology Command (NETCOM) is requesting a bridge modification and ceiling increase to the existing Global Enterprise Fabric (GEF) Task Order with General Dynamics Information Technology, Inc. (GDIT) W91RUS-20-F-0217 under Army Computer Hardware Enterprise Software and Solutions (CHESS) Information Technology Enterprise Solutions – 3 Services (ITES-3S) contract W52P1J-18-D-A086. The Task Order currently expires on 07 DEC 2023. The proposed $9,728,287.52 increase from $50,648,928.69 to $60,377,216.21, shall be funded with Fiscal Year 24 (FY24) Operations and Maintenance (O&M) funds. The modification will consist of one six-month period for a continuation of the same services provided under the original Task Order.

3. Description of Supplies/Services: The current GEF Task Order, W91RUS-20-F- 0217, provides worldwide critical Secret Internet Protocol Router Network (SIPRNet) and Non-Secure Internet Protocol Router Network (NIPRNet) IT support to the US Army Network Enterprise Command (NETCOM) and NETCOM supported organizations for Department of Defense Information Network (DoDIN) hardware, software, data, applications, tools, systems used by the Army. The Government has an ongoing need for GEF services to provide the full range of services to operate maintain, protect, and defend Army SIPRNet and NIPRNet.

Current Period of Performance and Value of Task Order:

Task Order Period Period of Performance Actual Value Base Period 08 Dec 2020 – 07 Jun 2021 $7,110,895.66 Option Period 1 08 Jun 2021 – 07 Jun 2022 $17,533,943.34 Option Period 2 08 Jun 2022 – 07 Jun 2023 $18,790,465.61 Option Period 3 08 Jun 2023 – 07 Dec 2023 $7,213,624.08 Total Value $50,648,928.69

Period of Performance and Value of Proposed Extension Period:

Extension Period Period of Performance Estimated Value 6 Month Base 08 Dec 2023 – 07 Jun 2024 $9,728,287.52

Total Estimated Value of Extension: $9,728,287.52. Estimate was calculated based on previously awarded Task Order costs. GDIT has successfully executed these services for three (3) years at the awarded cost. The Government expects GDIT’s proposal cost for the extension period to be similar to its current Task Order costs with a reasonable inflation adjustment.

Government's need for continued services is of such an unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which to solicit proposals. It is too late in the acquisition cycle to solicit from any other sources and a delay in award of a contract to other than the incumbent contractor, General Dynamics Information Technology, Inc., will cause serious harm to the Government.

While the Procurement Action Lead Time (PALT) for a competitive Task Order under $100M can theoretically be executed in 60 days, recent history for this particular requirement has shown the actual PALT is closer to 90-120 days. W91RUS-19-F-0040, a $9.9MM 12-month effort took 72 days to award. W91RUS-20-F-0271, a $43.4MM 22-month effort took 189 days to award. The recent failed solicitation was at the 150-day mark when the PIA and OCI issues were discovered. As noted, 12 proposals were received, which would lend to a more extended solicitation and evaluation period.

Further, with worldwide contractor deployment, a 60-day phase-in is necessary to allow for Status Of Forces Agreement (SOFA) clearances for South Korea and other on-boarding processes. The estimated milestones for the re-compete are listed below:

MILESTONE CHART

PRP Submitted 18 Dec 2023

Procurement Planning Complete 20 Dec 2023

Solicitation Review 3 Jan 2024

Issue Solicitation 5 Jan 2024

Questions & Amendments 1 Feb 2024

Solicitation Closes 15 Feb 2024

Tech Evaluation Complete 29 Feb 2024

Negotiations Complete 7 Mar 2024

Select Awardee & Draft Award 12 Mar 2024

Award Review 14 Mar 2024

Award Announcement 18 Mar 2024

Award Signed 22 Mar 2024

Phase in Period 22 May 2024

6. Efforts to Obtain Competition:

It is not feasible at this time to obtain offers from other potential sources because of the short amount of time remaining and the length of time required to award a new Task Order. The current services are currently being performed by GDIT, physically located at 3211 Jermantown Road, Fairfax, VA 22030-2844. Subcontracting opportunities exist for this action. The notices required by FAR 5.201 are not required. This action meets the exception in FAR 5.202(a)(6), as it is an order placed under subpart 16.5. In accordance with FAR 16.505(b)(2)(ii)(D)(3), the justification will be made publicly available within 30 days after award of the order. FAR 52.244-5, Competition in Subcontracting would be a required clause in the base IDIQ contract.

7. Actions to Increase Competition:

If this proposed extension and increase is approved, the Government plans to almost immediately issue a revised, competitive request for proposal against the CHESS ITES- 3S contract vehicle, as highlighted in the above milestones. Previous acquisitions, market research and the previous solicitation have proven enough interest exists to obtain multiple offers to get a fair and competitive award done. Limiting the bridge period of performance to 6 months will reduce the amount of time this requirement remains uncompetitive.

8. Market Research:

Due to the immediate need to ensure continuity of services the Government did not have adequate time to perform any market research targeted towards the extension being proposed. The Government has less than 30 days to either extend the current Task Order or award a new one. As such, the Contracting Officer determined a bridge action with the incumbent was the best method to keep these critical services intact.

The market research performed for the previous solicitation combined with the number of submitted proposals prove the best way forward is still a firm-fixed price (FFP) order under ITES-3S with two (2) option years. Only one (1) of the 12 offerors from the recent solicitation was a small business. As such, the Government intends to issue the solicitation to the CHESS ITES-3S portal under unrestricted basis in accordance with FAR 16.505 (b). Fair opportunity will be afforded to all the contractors with the posting of the solicitation.

9. Other Facts:

a. Procurement history. GDIT has performed these services since 2019 until present under two (2) different Task Orders:

Task Order W91RUS-19-F-0040 competitively awarded against Army CHESS ITES-32 Contract W91QUZ-06-D-0012 to GDIT with a period of performance of 08 FEB 2019 - 07 FEB 2020. It was competitively awarded as a Firm Fixed Price (FFP) Task Order in the amount of $9,900,864.87. It was extended under FAR clause 52.217-8 Option to Extend Services until 07 AUG 2020.

Task Order W91RUS-20-F-0217 competitively awarded against Army CHESS ITES-3S Contract W52P1J-18-D-A086 with a period of performance 08 AUG 2021 – 07 JUN 2023. It was competitively awarded as an FFP Task Order in the amount of $43,435,304.61. It was extended under FAR clause 52.217-8 Option to Extend Services until 07 DEC 2023.

b. Other facts. None.

10. 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.

Date: _______________________

Typed Name: __ _______________ Title: NETCOM G3 FUOPS SIPR SharePoint ARMY Lead

11. 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.

Date: ______________________

Typed Name: __ ____________Title:_ ITCDS Branch Chief

12. Fair and Reasonable Cost Determination:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable based on a cost/price evaluation using the techniques outlined under FAR 15.404-1(b) Price Analysis comparing the contractor’s proposal to the Independent Government Estimate, current competitive Task Order pricing and the recent Task Order solicitation pricing.

Signature: Date: ______________________

Typed Name: _ Title:__Contracting Officer_______

13. Contracting Officer Certification:

I certify that this justification is accurate and complete to the best of my knowledge and ate: _______________________

Typed Name: ___ _______Title:___ Contracting Officer_____

Approval

Based on the foregoing justification, I hereby approve the increase of the ceiling and extension of the period of performance by six (6) months of task order W91RUS-20-F- 0217 for Global Enterprise Fabric (GEF) in Support of the Network Enterprise Technology Command (NETCOM) Future Operations (FUOPS) in the estimated amount of $9,728,287.52, from $50,648,928.69 to $60,377,216.21 on an other than full and open competition basis pursuant to the authority of 10 USC 3406(c)(1) as implemented in FAR 16.505(b)(2)(i)(A) - The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays; subject to availability of funds, provided that the services herein described have otherwise been authorized for acquisition.

Signature: Date: __________________________

Typed Name: _ _____ Title: ___Command Advocate for Competition_