CMS_Bridge_JA_-_FBO_Redacted.pdf

CMS Bridge Contract - OTFAOC

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JUSTIFICATION FOR OTHER THAN FULL AND

OPEN COMPETITION (OTFAOC)

FAR Part 6 Justification, Supporting Procurements under

FAR Part 12, FAR Subpart 13.501, and FAR Part 15

Purchase Request Number: TBD

Contract Number: TBD

Task/Delivery Order Number: TBD

Procurement Title: Crisis Management System Bridge Contract

Contracting Office: DITCO NCR

Estimated Value: XXXXXXX

Statutory Authority: 10 U.S.C. 2304(c)(1)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (OTFAOC)

Justification for OTFAOC Number: (Assigned by the Procuring Activity Competition Advocate)

Upon the basis of the following justification, I, as the Procuring Activity Competition Advocate, hereby approve the use of other than full and open competition of the proposed contractual action pursuant to the authority of 10 U.S.C. 2304(c)(1) as implemented by FAR 6.302-1, only one responsible source and no other supplies or services will satisfy agency requirements.

JUSTIFICATION

1. REQUIRING AGENCY AND CONTRACTING OFFICE: The Requiring Agency is the

Defense Information Systems Agency (DISA) Network Services. The Contracting Activity is

Defense Information Technology Contracting Organization-National Capital Region (DITCO-

NCR), P.O. Box 549, Ft. Meade, MD 20755-0549.

2. NATURE/DESCRIPTION OF ACTION(S): This Justification and Approval is to award a contract as an exception to the requirement for full and open competition to the Harris IT

Services Corporation (HITSC). This contract is required to prevent a break in service between the existing Crisis Management System (CMS) Engineering and Maintenance Indefinite

Delivery Indefinite Quantity (IDIQ) contract HC1047-05-D-4002 to HITSC and the follow-on contract. This contract will allow time to award a follow-on contract through other than full and open competition and a potential transition period if award is made to a contractor other than the incumbent. The proposed contract is an IDIQ with Firm Fixed Price

(FFP), and Cost-Plus-Fixed-Fee (CPFF) task orders as appropriate for each task. The seven month period of performance will be a base period of four months with three one-month options.

The total ordering capacity over the potential seven-month ordering period will be XXX. There is no funding for the overarching contract. The funding will be at the task order level.

3. DESCRIPTION OF SUPPLIES/SERVICES: The CMS is a mature program owned by the

National Security Staff (NSS), White House Situation Room providing secure video

Page 2 of 7 Pages teleconference and secure Internet Protocol (IP) voice capability to the President and to cabinet members and selected senior leaders and watch centers throughout the government – fixed and mobile sites (Continental United States and Outside the Continental United States). The proposed bridge contract will provide a full range of (1) engineering support and (2) preventive and emergency maintenance to ensure continued extremely high reliability and availability of

Top Secret(TS)/Sensitive Compartmented Information (SCI) video and voice IP communications services to all the CMS.

The period of performance for the base period is four months from 1 April 2014 to 31 July 2014 with three one-month options from 1 August 2014 to

31 August 2013, 1 September 2014 to 30 September 2014 and 1 October 2014 to 31 October

2014.

4. IDENTIFICATION OF STATUTORY AUTHORITY: Only one responsible source and no other supplies or services will satisfy agency requirements, 10 U.S.C. 2304(c)(1) as implemented by FAR Subpart 6.302-1(a).

5. DEMONSTRATION OF CONTRACTOR’S UNIQUE QUALIFICATIONS:

(a) Description of events:

The Acquisition and Solicitation packages went through a rigorous review through several channels to ensure the documents were legally sufficient.

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Despite its best efforts, the agency has been unable to complete the acquisition process required to solicit and award a new contract for these services. While each event stated above is not significant on its own, the culmination of events has resulted in an almost four month delay. Events from May 2013 to Jan 2014 include:

As a result, an interim contract is now necessary to ensure continuity of services until completion of the ongoing competition.

(b) Justification:

(1) Minimum Government requirements.

The incumbent contractor, HITSC, is the only source capable of performing the tasks in this interim period due to the criticality of the supported mission, which makes a break in performance unacceptable.

The bridge contract will provide (1) engineering support and (2) preventive and emergency maintenance to ensure continued extremely high reliability and availability of TS/SCI video and voice IP communications services to all the CMS users (fixed facilities, mobile units, and the network control centers), the primary users being the

President, designated cabinet members and their staffs for crisis and day to day operations.

(2) Proposed sole source contractor.

HITSC is the incumbent and the only contractor capable of providing the continual support for this requirement at this time without an unacceptable break in performance. This bridge contract is to allow time for a follow-on contract to be awarded for the requirements currently supported by the HITSC IDIQ HC1047-05-

D-4002.

In addition to ensuring continuity of services after the current contract expires, a sole source award to HITSC will ensure the Government’s ability to provide transition support services if the follow-on contract is awarded to another vendor.

Award of this requirement to any other source would mean an immediate loss of capability to support the TS/SCI IP based video system and voice IP communications service for the President, cabinet members and their staff.

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(3) Discussion regarding cause of the sole source situation.

In order to create a competitive action for the follow-on, an interim contract is required to provide continuous support until the new contract is awarded. Additional time was needed to develop evaluation criteria could agree on enough to promote competition .

Defining the requirement required several edits/changes to the PWS to ensure contractors understood CMS since HITSC h

(4) Demonstration of unique source.

HITSC is the incumbent contractor for the highly complex one-of-a-kind CMS design, and has provided and installed CMS equipment in more than 300 fixed and mobile sites for this system . Additionally, HITSC has continuously maintained the CMS equipment and software, designed and implemented major system enhancements based on evolving technology, expanded the scope of the initial system to accommodate a widening use, and has intimate knowledge of all facets of system security, specific site familiarity, and specific circuit familiarity.

As described herein, that competition has been delayed for good reasons despite adequate acquisition planning.

(5) Procurement discussion.

This contract is an interim solution until award of the acquisition can be completed.

(6) Impact.

DISA is currently in the process of awarding a follow-on effort, and the recompete for a follow-on contract for these same services and requirements is nearly in the solicitation phase. However, there is a current need to ensure these services are in place to allow time for the acquisition process to be completed and the follow-on contract awarded. Any disruption of CMS, the President’s choice of communications between himself, his department and agency heads, their deputies and watch centers, would result in a risk to national security and all effort must be made to avoid this risk. The requirement that any change in service be transparent to the CMS users is paramount.

The need for performance reliability of this critical asset, especially in today’s fluid environment, cannot be overstated and the system’s historically high dependability

Page 5 of 7 Pages results from HITSC’s and involvement with this system from its very inception. System denial to the President and the cabinet during actual and potential crisis situations is operationally unacceptable. It is in the best interest of our nation that the CMS operate in a full, effective and uninterrupted manner. The attacks of 11 September 2001 as well as successfully interrupted terrorist attempted attacks and overseas military operations highlight and underscore the criticality of this requirement.

Without HITSC’s support, the Government would incur additional engineering and implementation cost to attempt to reconstitute these capabilities.

When the new contract is awarded, the Government would assume responsibility and costs of the transition activities including training and knowledge transfer to bring the new contractor to operational status.

In conclusion, no other offeror can perform all of the services provided by HITSC without incurring substantial costs and causing an unacceptable delay to reconstitute the capability. Despite its best efforts, the agency has been unable to complete the acquisition process required to competitively solicit and award a new contract for these services. As a result, an interim contract is now necessary to ensure continuity of services until completion of the ongoing competitive effort.

6. FEDBIZOPPS ANNOUNCEMENT/POTENTIAL SOURCES: A notice of intent to sole source will be posted on FedBizOpps.

7. DETERMINATION OF FAIR AND REASONABLE COST: The Contracting Officer will determine whether the cost is fair and reasonable using historical data, cost/price analysis and comparison to the IGCE.

8. MARKET RESEARCH: This is a bridge contract with the incumbent to maintain critical contractor support pending the follow-on acquisition. Market research was conducted for the solicitation of HC1047-13-R-4025

9. ANY OTHER SUPPORTING FACTS: This award is an interim solution until the completion and award of the other than full open competitive acquisition. NSE43 requires contractors with the right skill set to support their mission.

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A break in performance would cause DISA support to White House

Presidential communications to cease, specifically the continued engineering and maintenance of the CMS including secure VTC, VoSIP phones (including National Operational Intelligence

Watch Officer’s Network (NOIWON), and data.

10. LISTING OF INTERESTED SOURCES: N/A. Any bids, proposals, quotation, or capability statements received as a result of the notice of intent published as described in

Paragraph 6, shall be considered.

11. ACTIONS THE AGENCY MAY TAKE TO REMOVE OR OVERCOME BARRIERS

THAT LED TO THE EXCEPTION TO FULL AND OPEN COMPETITION.

(a) Procurement History.

Contract: HC1047-05-D-4002:

Contractor: Harris IT Services Corporation

Contract Value: $220M

Brief Description: Provide the Crisis Management System (CMS) engineering and maintenance

Contract Type: IDIQ with T&M, FFP, CPFF, and FPAF task orders PoP: 22 November

2004 – 31 March 2014

Basis for award: Other than full and open competition

Contract: DCA100-98-D-0052

Contractor: Harris IT Technical Services Corporation

Contract Value: $72M

Brief Description: Provide the Crisis Management System (CMS) engineering and maintenance

Contract type: IDIQ with T&M, FFP, CPFF, and FPAF task orders, POP 01 October

1998-21 November 2004

Basis for award: Full and open competition; only one offer received

12. REFERENCE TO THE APPROVED ACQUISITION PLAN (AP): The Acquisition Plan required in support