MNIS_DTO_JA_Bridge_-_Final_Signed_Redacted.pdf
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- Attached to
- Multinational Information Sharing (MNIS) Design, Transition and Operation (DTO) Support Services Federal contract opportunity
- Solicitation number
- HC102808D2016HC104719F0016
- Issued by
- Defense Information Systems Agency
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Redacted JUSTIFICATION & APPROVAL (J&A) FOR FEDERAL ACQUISITION SUBPART 16.5 ACQUISITIONS EXCEPTION TO FAIR OPPORTUNITY
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Multinational Information Sharing (MNIS) Design, Transition and Operation (DTO)
JUSTIFICATION & APPROVAL (J&A) FOR FEDERAL ACQUISITION REGULATION (FAR)
SUBPART 16.5 ACQUISITIONS
EXCEPTION TO FAIR OPPORTUNITY
Multiple Award Schedule/Multiple Award Contract (MAC) Orders under MAC/ Fair Opportunity – FAR 16.505, Department of Defense FAR Supplement (DFARS)
216.505-70, Procedures, Guidance and Information (PGI) 216.505-70
Purchase Request Number: TBD Contract Number: HC1028-08-D-2016 Task Order Number: TBD Procurement Title: Multinational Information Sharing (MNIS) Design, Transition and Operation (DTO) Support Services Bridge Contract Estimated Value:
Authority: FAR 16.505(b)(2)(i)(C): The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.
JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY
Number: JA19-047
Upon the basis of the following justification, I, as the Head of the Contracting Activity, hereby approve this exception to fair opportunity pursuant to the authority of FAR 16.505(b)(2)(i)(C).
1. REQUIRING AGENCY AND CONTRACTING OFFICE:
Requesting Agency:
United States Air Force (USAF) Mission Partners Capabilities Office (MPCO) Fort Washington, MD 20744
Contracting Activity:
DISA/Defense Information Technology Contracting Organization (DITCO), PL61 P.O. Box 549 Fort George Meade, MD 20755
2. NATURE/DESCRIPTION OF ACTION(S): This action provides a short-term, bridge task order for the MNIS DTO Support Services currently provided by CACI, Inc. Federal under ENCORE II Contract #HC1028-08-D-2016, Task Order (TO) #VC04. The maximum period of performance will be one-year, beginning on 16 February 2019 and ending on 15 February 2020, if all options are exercised. The bridge will have a six-month base period, and two (2) three-month options. The task order will be firm-fixed-price and funded with United States Air Force (USAF) Operations and Maintenance (O&M).
3. DESCRIPTION OF SUPPLIES/SERVICES: The services required are for the design, transition and operation (DTO) of USAF Mission Partner Environment (MPE) networks. Specific DTO services include network engineering; quality assurance; configuration management; change management; requirements analysis; prototyping; development; integration; testing; cybersecurity authorizations; training; Tier 3 help desk; lab management; and, deployment.
Page 2 of 6 Pages
4. SUPPORTING RATIONALE, INCLUDING A DEMONSTRATION THAT THE PROPOSED
CONTRACTOR’S UNIQUE QUALIFICATIONS OR THE NATURE OF THE ACQUISITION
REQUIRES USE OF AN EXCEPTION TO FAIR OPPORTUNITY:
(a) Exception to Fair Opportunity. FAR 16.505(b)(2)(i)(C) – The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.
(b) Description of the Justification. The need for this bridge action is caused by the delay in awarding the competitive follow-on to the CACI ENCORE II VC04 Task Order. The follow-on solicitation, “Mission Partner Environment-Services (MPE-S),” was posted to FedBizOpps on 9 August 2018 and closed on 20 September 2018. Ten days later, on 1 October 2018, DISA’s MNIS Division was dissolved, and a transitional office with substantially reduced staff established. This event directly affected the MPE-S source selection, since experienced MNIS Source Selection Evaluation Board (SSEB) members were reassigned within DISA and unable to participate in the source selection.
The USAF did not have the resources to compensate for this loss, resulting in multiple changes to the membership of the SSEB and extending the source selection process.
The cause of the delay was beyond the control of the Contracting Officer and is attributable to the transfer of all MPE authority and resources from DISA to the USAF, which the Deputy Secretary of Defense (DEPSECDEF) directed by a DoD Program Budget Decision (PBD) in November 2017. The PBD transferred all DISA / Multinational Information Sharing (MNIS) billets and funding to the USAF, effective 1 October 2018. Due to the transition of the MNIS Program to the AF, coordination efforts between DISA and the USAF were required in order to finalize direction for the contracting effort.
On May 29, 2018, a DEPSECDEF memorandum, SUBJECT: Assessment of Mission Partner Environment Materiel Capabilities, provided the USAF with the provisional authority it needed. In the memo, DEPSECDEF directed the “Secretary of the Air Force to initiate assumption of responsibility” as the DoD Executive Agent (EA) for MPE “via a programmatic and technical assessment” of MPE capabilities. The DEPSECDEF underscored the main purpose of the assessment was to “prepare for the transfer of (MPE) responsibilities” from DISA to the USAF. As an outcome of the assessment, the DEPSECDEF required a memorandum of agreement between DISA and USAF to coordinate, among other areas “acquisition / contract actions.”
The USAF immediately began a formal review of the follow-on DTO RFP documentation, focusing on the sufficiency of USAF work requirements in the Performance Work Statement (PWS), place of performance, onsite seating, source selection members, and DD254 specifications.
This analysis also went a step further and revisited the need for the follow-on, that is, whether existing USAF contract vehicles might instead suffice. USAF comments were incorporated into the RFP documentation. A presolicitation notice was posted to Federal Business Opportunities (FBO) on June 27, 2018.
As a result of these unavoidable delays, this J&A action is essential to providing the USAF with critical MPE-compatible DTO services from 15 February 2019, when the current CACI task order ends, until the follow-on contract is awarded and a transition can occur, which is projected to be no later than 14 February 2020. The work to be performed under this bridge is identical to that currently provided under the CACI task order. CACI has been providing these services for five years. It is critical for the USAF, as it assumes its new MPE / MPCO responsibility, to have the services of an experienced, highly capable MPE contractor. Compliance with DEPSECDEF
Page 3 of 6 Pages direction requires an orderly transition necessitating maintenance of MPE capabilities at current levels and continued support of MPE warfighting networks. .
(c) Justification.
(1) Minimum Government requirements. The verified minimum requirement is one six-month base period, estimated at , and two three-month options at each, for a total projected cost of this action of . As discussed in more detail in Section 4(b), delays associated with implementation of the November 2017 DEPSECDEF direction and the May 2018 DEPSECDEF memorandum affected the acquisition timeline and precluded award by the required period of performance start date of February 16, 2019.
(2) Proposed Sole Source Contractor. The proposed sole-source contractor is CACI, Inc. Federal, 14370 Newbrook Drive, Chantilly, Virginia, 20151-4206. CACI, Inc. Federal has unique capabilities, experience and expertise in performing complex “MPE compatible enterprise services,” as described in DoD Instruction (DoDI) 8110.01, SUBJECT: Mission Partner Environment (MPE) Information Sharing Capability Implementation for the DoD. CACI has successfully provided MPE-compatible enterprise services from the date of DoDI 8110.01’s issuance in November 2014. CACI’s competence in this area is unique, and indispensable to the USAF assumption of responsibility for MPE / MPCO operational systems at an acceptable level of risk. MPE / MPCO manages critical Combatant Command (CCMD), North Atlantic Treaty Organization (NATO), and Coalition Command and Control / Intelligence, Surveillance and Reconnaissance (C2 / ISR) national security systems (NSS), which cannot be degraded, compromised or otherwise impaired during this transfer of responsibility. This was highlighted by DEPSECDEF in his memo:
Given that the affected systems support current warfighting operations, it is critical that the capabilities that support operational and tactical efforts be maintained at current levels during the transition. All stakeholders are expected to continue to support the legacy systems to ensure an orderly transition.
This J&A maintains CACI’s support at current levels during this transition, in accordance with DEPSECDEF’s direction.
As a potential alternative, the DEPSECDEF’s direction could be achieved by arranging a minimum 90-day overlap between a new contractor and CACI, to conduct a basic knowledge transfer and permit time for the establishment of clear MPE capability by the new contractor.
The duplicative cost would be CACI support for three months at and the cost of any additional Government staff to oversee and confirm a successful transition between the two contractors. However, this alternative is not viable, as a competitive process to select a new contractor duplicates the follow-on effort currently underway with little to no benefit.
(3) Discussion Regarding Cause of the Sole Source Situation. This sole-source situation was caused by an unavoidable delay in soliciting and evaluating the follow-on. The delay is due to a DEPSECDEF decision to transfer MPE responsibilities from DISA to the USAF, and the associated mandatory assessment of “acquisition / contract actions” directed by
DEPSECDEF.
(4) Demonstration of Unique Source. CACI is the only source that can efficiently, economically and with acceptable minimum risk continue MPE-compatible capabilities and support during the transition from DISA to the USAF.
Page 4 of 6 Pages
(5) Procurement Discussion. The procurement history of MNIS DTO support services is shown below.
Company Company Size Contract/Task Order #/ Sources Total
Value Period of
Performance
CACI, INC
FEDERAL
Large Business
ENCORE II #HC1028-08-D-
2016/Task Order # VC04/ Fair Opportunity
16 August 2013 to
15 August 2018 Raytheon Company Large
Business ENCORE II contract #HC1028-08-D-2024/Task Order #VC02/Fair Opportunity
16 February 2009 to
15 August 2013 Electronic Data Systems (EDS)
Large Business
ENCORE II contract #DCA200-02-D-5007/Task Order #0067/Fair Opportunity
27 February 2008 to
26 February 2009 Houston Associates, Inc.
Large Business
Contract #HC1047-07-D- 0003/Task Orders 0001 through Full and Open Competition
25 May 2007 To
24 May 2010
General Dynamics Information Technology (GDIT)
Large Business
Contract #W91CRB-04-D- 0050-0003/Task Order #0003/Fair Opportunity
12 June 2006 to
30 September 2009
(6) Impact. If this J&A is not approved, DISA and the USAF will not be able to meet DEPSECDEF’s direction to 1) maintain MPE capabilities at current levels, and 2) support an orderly transition of critical NSS. The result will be a degradation and potential compromise of MPE warfighting systems’ performance.
5. COST/PRICE FAIR AND REASONABLE DETERMINATION: The Contracting Officer will obtain certified cost or pricing data, in accordance with FAR 15.403-4 and will use this information to determine fair and reasonable cost or price. After completion of negotiations, a Certificate of Current Cost or Pricing Data will be obtained.
6. MARKET RESEARCH: Market research was completed for the follow-on effort and the results support full and open competition. The follow-on solicitation, posted to FBO on August 9, 2018, is anticipated to result in adequate competition. The current short-term contract allows for sufficient time to award the follow-on effort and for the contract to transition from the incumbent to the new contractor.
There are no viable alternatives that would allow a competitive award by the required period of performance start date of February 16, 2019, necessitating this bridge award.
7. ANY OTHER SUPPORTING FACTS: None
8. ACTIONS THE AGENCY MAY TAKE TO REMOVE OR OVERCOME BARRIERS THAT LED
TO THE EXCEPTION TO FAIR OPPORTUNITY:
(a) Procurement History.
CACI, INC FEDERAL was awarded task order #VC04 on 07 August 2013 after a Fair Opportunity competition on ENCORE II. The CACI VC04 work was previously performed by Raytheon Company, 22260 Pacific Boulevard, Dulles, VA, 20166-6916, under ENCORE II Contract #HC1028-08-D-2024, Task Order #VC02. The Raytheon Task Order was awarded on 13 February 2009 after a Fair Opportunity competition.
Page 5 of 6 Pages
(b) The DEPSECDEF mandate resulted in unique circumstances necessitating an exception to Fair Opportunity. Future follow-on efforts are not expected to require an exception to Fair Opportunity.
The follow-on to the CACI, INC FEDERAL task order was solicited full and open competition on FBO from 9 August 2018 to 20 September 2018, and is currently in source selection.
9. REFERENCE TO THE APPROVED ACQUISITION PLAN (AP): In accordance with the DISA Acquisition Regulation Supplement Subpart 7.103 (S-91)(2), an AP is not required for this bridge action.
of my knowledge and belief. of my knowledge and belief..
TECHNICAL CERTIFICATION: I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief
NAME: Cristiano A. Marchiori SIGNATURE:
TITLE/ORGANIZATION: Progam Officer// SAF/AA CDMN
PHONE: DATE: 23 January 2019
REQUIREMENTS CERTIFICATION: I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief.
NAME: Michael E. Van Wie SIGNATURE: VAN Digitally signed by VAN
WIE.MICHAEL.E.1016825979
Date: 2019.01.24 10:08:22 -05'00'
TITLE/ORGANIZATION: Technical Operations Manager/SAF/CDMN
PHONE: DATE: 24 January 2019
CONTRACTING OFFICER CERTIFICATION: I certify that this justification is accurate and complete to the best of my knowledge and belief.
NAME: Brian Leyda SIGNATURE:
TITLE/ORGANIZATION: PL61
LEYDA.BRIAN.K.139
0563031
Digitally signed by
LEYDA.BRIAN.K.1390563031
Date: 2019.01.25 15:23:20 -05'00'
PHONE: DATE: 25 January 2019
HEAD OF THE CONTRACTING ACTIVITY APPROVAL: I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief. Since this justification does not exceed $93M, this review serves as approval.
NAME: Douglas W. Packard SIGNATURE:
TITLE/ORGANIZATION: Head of Contracting Activity / DISA/PSD
PHONE: DATE: 30 Jan 19
ALL QUESTIONS REGARDING THIS JUSTIFICATION ARE TO BE REFERRED TO: Andriani Buck, Contract Specialist, 301.225.4118, andriani.buck.civ@mail.mil or Brian Leyda, Contracting Officer, , brian.k.leyda.civ@mail.mil.
Page 6 of 6 Pages
WIE.MICHAEL.E.1016825979
PACKARD.DOUGL
AS.W.1229674338
Digitally signed by
PACKARD.DOUGLAS.W.12296743
Date: 2019.01.30 21:52:44 -05'00'
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