ID09170125_Exception_to_Fair_Opportunity_Redacted.pdf

EXCEPTION TO FAIR OPPORTUNITY

IAW FAR PART FAR 16.505(b)(2)(i)(B)

FOR

CLIENT ORDER ID: ID091700125

ID09170125 Exception to Fair Opportunity Page 1 of 6

– FOR OFFICIAL USE ONLY –

The U.S. General Services Administration (GSA) makes this Exception to Fair Opportunity pursuant to the Federal Acquisition Regulation (FAR) 16.505(b)(2)(i)(B) and in accordance with the prescribed format at 16.505 (b)(2)(ii)(B).

1. Identification of the agency and contracting activity

CONTRACTING ACTIVITY:

U.S. General Services Administration (GSA) Federal Acquisition Service (FAS), Region 09 Contracting Division (CD) 50 United Nations Plaza 2nd Floor North San Francisco, CA 94102

REQUIRING AGENCY:

Visual Information Management Branch (VIMB) Corporate Services Division United States Army Intelligence and Security Command (INSCOM) 8825 Beulah St.

Fort Belvoir, VA 22060

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

This Exception to Fair Opportunity is made for the solicitation and award of continued operations of INSCOM’s visual information/multimedia & engineering service (VIMES) requirements.

This procurement will be a Firm Fixed Price task order under GSA Alliant Unrestricted Government Wide Acquisition Contract (GWAC) for continued support of INSCOM’s VIMES requirement for a period of four (4) months. The Alliant task order will be issued to Digital Management, Inc. (DMI) via their GSA Alliant contract GS00Q09BGD0061.

3. Description of the supplies/services required (including the estimated value)

The INSCOM’s Visual Information Management Branch’s mission is to receive, process, and disseminate intelligence information via state of the art electronic multimedia systems. Tasked with a global mission, the VIMB provides command oversight and technical guidance to INSCOM locations at Fort Belvoir, VA, and Springfield, VA, as well as, other INSCOM facilities in the Continental United States (CONUS).

The interim bridge task order will provide the U.S. Army INSCOM with visual information/multimedia & engineering services, to include the following tasks:

multiple security classifications of Video Teleconferencing Center (VTC) networks and conference room systems;

closed circuit television and video distribution capability commercial television feeds;

ID09170125 Exception to Fair Opportunity Page 2 of 6 digital imaging capabilities with associated library and electronic archival system;

video walls with ancillary components for 3-D modeling and simulation;

digital and analog video/edit production capabilities with studios, systems, associated libraries and archival systems;

graphic and reproduction interface services and support;

audio production and recording services and support;

public address systems and multimedia engineering;

and, installation and repair support.

The period of performance of the interim bridge task order is four (4) months, from November 16, 2017 through March 15, 2018. The task order will include the Option to Extend Services clause 52.217-8, which will allow for three (3) additional months of services, if required.

The estimated value of the 4 month task order is If the Option to Extend Services is required, the additional 3 months of services is estimated at The total potential value, including the 4 month bridge and the 3 month extension period, is

4. Identification of the exception to fair opportunity (see 16.505(b)(2)(i)(B)) and the supporting rationale, including a demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the exception cited.

Statutory Authority

The acquisition is to be conducted under the authority of Federal Acquisition Regulation (FAR) Subpart 16.5—Indefinite-Delivery Contracts, in accordance with the Exceptions to the fair opportunity procedure 16.505(b)(2)(i)(B) – Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized.

Supporting Rationale

The government requires a 2 week bridge task order and 3.5 month phased continuity of operations support from November 16, 2017 until March 15, 2018. The follow-on enterprise contract is expected to start on December 1, 2017, which will also begin the 3.5 month phase in and phase out transition period. Due to the short bridge and continuity of operations during the transition phase, DMI is the only contractor that can provide the highly specialized services required to maintain the unique support for the VIMES requirement and transition support to the new contractor.

DMI is the incumbent contractor for the VIMES requirement and was awarded the current task order as a Small Business Administration (SBA) 8(a) Business Development (BD) Program set-aside.

DMI has recently graduated from the SBA 8(a) BD program. The follow-on requirement will be solicited as an SBA 8(a) competitive set-aside, and the awardee will require temporary phase-in transition support from the incumbent until they become acclimated with the VIMES portion of the follow-on requirement. The current VIMES task order will expire November 15, 2017. The follow-on task order has an expected start date of December 1, 2017.

The follow-on requirement consolidates the VIMES requirement and another existing contract into a single follow-on task order. In accordance with FAR 7.107-5 and GSAM 507.107-5, GSA Office of

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Small Business Utilization (OSBU) and GSA Office of Acquisition Policy were required to evaluate and approve the consolidation. The consolidation package was submitted for review in March of 2017. The OSBU and GSA Office of Acquisition Policy were inundated with consolidation evaluation packages, which significantly delayed the solicitation of the follow-on consolidated task order. The consolidation determination was accepted on August 10, 2017. Due to this unexpected delay, the VIMES requirement will require at least 2 weeks of full services while the long term follow-on task order is competed. This 2 week gap in VIMES coverage also prevents INSCOM from utilizing the continuity of services clause of the existing VIMES task order, which would have provided sufficient transition support to phase-in a new contractor.

A long term solution with phased-in continuity of operations support is not possible without the risk of a 2 week break in service. In order to mitigate the risk of a burdensome, cost-extensive, break in service, a sole source 4 month task order issued to DMI has been determined to be the only viable solution that can provide the highly specialized capabilities required to maintain VIMES support services and phase-out continuity of operations support for the follow-on long term solution.

Contractor Qualifications

DMI is the incumbent contractor and only company that can provide the highly specialized capabilities required to maintain the VIMES support services while a competitive long term solution is completed, and that can provide effective transition (phase out) support for VIMES’ unique and very specialized existing systems to the contractor that is awarded the follow-on requirement.

DMI holds the applicable application agreement to support INSCOM’s critical mission requirements and required to provide the existing VIMES requirements. DMI has the required Top Secret / Sensitive Compartmented Information security clearances.

DMI has created and is currently maintaining INSCOM’s Visual Information (VI) / Multimedia Products system. This is a complex system where they store and catalog their audio video products so INSCOM can rapidly search and retrieve their VI products. DMI developed this system and performs the daily maintenance to ensure the Command can perform their daily security briefings.

DMI is also in the middle of a critical project called Digital Signage. This project requires the design and implementation of digital displays throughout the Headquarters. This system is critical for Command information, evacuation information, and situational awareness information.

Due to the highly specialized qualifications and experience with the complexity and mission criticality of the VIMES tasks, DMI is the only vendor that can provide the required information technology professional services at this time, without a disruption in services. DMI is also the only vendor that can provide continuity of operations and transfer of knowledge that the awardee of the follow-on, long term, task order will require, in order successfully transition into managing this requirement.

5. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

Pursuant to FAR 15, GSA has already determined DMI’s Alliant GWAC rates to be fair and reasonable. Discounts to these rates are expected and will be further sought. Prior to the issuance of the bridge task order, DMI’s proposed labor categories and labor rates will be reviewed and verified to ensure compliance with their Alliant contract, GS00Q09BGD0061. Further evaluation will be completed by using the price analysis techniques provided under FAR 15.404-1(b)(2), to determine

ID09170125 Exception to Fair Opportunity Page 4 of 6 that the proposed prices are fair and reasonable. An Independent Government Estimate, along with other historical pricing information, will be used as the primary benchmark for the price analysis.

An award will not be made until DMI’s proposed prices for the bridge task order have been determined to be fair and reasonable by the Contracting Officer.

6. Any other facts supporting the justification

GSA has coordinated with the SBA for temporary release of these requirements from the 8(a) BD program in order to award this bridge contract to DMI. The temporary release is in accordance with 13 C.F.R. Part 124.504(d) and was approved by the SBA on October 13, 2017.

The government intends to award a 4 month bridge task order to DMI in order to prevent a break in service and to maintain continuity of operations through the transferring of critical information. See the supporting rationale for the exception to fair opportunity in Section 4 above for details of the highly specialized work that only DMI can provide. This task order allows DMI to provide 2 weeks of service while a long term solution is completed and approximately 3.5 months of continuity of operations for a gradual transition to a new contractor.

For the follow-on enterprise contract, GSA completed market research in March of 2017, through a request for information (RFI) to all 8(a) STARS II GWAC (Functional Area 3) contract holders. The results indicated that there is ample industry interest from STARS II GWAC’s Industry Partners that can provide the capabilities necessary to successfully provide the government's follow-on requirement.

7. Statement of action to remove barriers to competition that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made.

This exception to fair opportunity action serves only as an interim solution to provide the continuity of mission critical services until the follow-on procurement can be competed and awarded. The performance period is limited to 4 months, which is the minimum amount of time required to complete a competitive, long term follow-on contract. This interim bridge task order will allow the government sufficient time to compete a long term contract for the follow-on support, and to provide continuity of services for VIMES while transitioning from DMI to a new vendor.

The performance period of the interim bridge task order will be aligned with the performance start date of the follow on task order. The competitive procurement for a long term solution for the support and maintenance of this requirement is anticipated to be awarded and started by December 1, 2017.

The follow-on task order will require continuity of services for an estimated 3.5 months while the new contractor acclimates themselves with the VIMES requirements. This interim bridge task order will include FAR clause 52.217-8, Option to Extend Services, to allow up to an additional three (3) months of service support in the event of a replacement contract/task order not being in place due to unanticipated delays. The government intends to fully compete the new procurement under the vehicle determined to be the best fit for successful fulfillment of the requirement.

8. Client Agency Representation and Technical Certification

I hereby certify that the technical facts and representation under my cognizance which are in this justification document which are in this justification document which form a basis for this justification are accurate and complete to the best of my knowledge and belief.

ID09170125 Exception to Fair Opportunity Page 5 of 6

SHIRLEY T. BROWN Date Supervisory Program Manager G-6, Contracts Management Branch United States Army Intelligence and Security Command (INSCOM)

9. GSA Project Manager’s Certification

I hereby certify that the facts and representation under my cognizance which are included in this justification document and which form a basis for this justification are accurate and complete to the best of my knowledge and belief.

KIT LEE Date GSA Program Manager Assisted Acquisition Services – Region 9 U.S. General Services Administration

10. Contracting Officer’s Certification I hereby certify that the facts and representation under my cognizance which are included in this justification document and which form a basis for this justification are accurate and complete to the best of my knowledge and belief.

JOSHUA BLICKMAN Date Contracting Officer Contracting Division U.S. General Services Administration

11. Reviews and Approvals

REVIEWED BY:

STEPHEN DURRETT Date Branch Chief Contracting Division (9FQA) U.S. General Services Administration

October 19, 2017

BROWN.SHIRLEY.TA

YLOR.1242752127

Digitally signed by BROWN.SHIRLEY.TAYLOR.1242752127 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=BROWN.SHIRLEY.TAYLOR.1242752127 Date: 2017.10.17 07:14:56 -04'00'

SHERI

TORRES

Digitally signed by SHERI TORRES DN: c=US, o=U.S. Government, ou=General Services Administration, cn=SHERI TORRES, 0.9.2342.19200300.100.1.1=470010000 88858 Date: 2017.10.19 12:46:50 -04'00'

Joshua Blickman Digitally signed by Joshua Blickman DN: cn=Joshua Blickman, o=GSA, ou=Contracting Officer, email=joshua.blickman@gsa.gov, c=US Date: 2017.10.19 10:32:51 -07'00'

STEPHEN DURRETT

Digitally signed by STEPHEN DURRETT DN: c=US, o=U.S. Government, ou=General Services Administration, cn=STEPHEN DURRETT, 0.9.2342.19200300.100.1.1=47001001441934 Date: 2017.10.24 07:36:19 -07'00'