JA20-122 Mod 01 832016682 DODIN Implementation Bridge JA - Redacted.pdf

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 216.505-70, Procedures, Guidance and Information 216.505-70

Tracking Number: 832016682 Contract Number: HC1028-18-D-0010 Task/Delivery Order Number: HC1028-20-F-6181 Procurement Title: Department of Defense Information Network (DODIN) Consolidated Implementation Support Estimated Value:

Statutory and Regulatory Authority: 10 U.S.C. 2304c(b) and FAR 16.505(b)(2)(i)(B)

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

Number: JA20-122 MOD 01

Upon the basis of the following justification, I, as the Procuring Activity Competition Advocate , hereby approve this exception to fair opportunity pursuant to the Statutory Authority of 10 U.S.C. 2304c(b) and Regulatory Authority of FAR 16.505(b)(2)(i)(B).

1. REQUIRING AGENCY AND CONTRACTING OFFICE:

Requesting Agency: Defense Information Systems Agency (DISA) Infrastructure Executive (IE) Directorate, IE42 6910 Cooper Avenue Fort Meade, MD 20755-7088

Contracting Activity: DISA/Defense Information Technology Contracting Organization

(DITCO), PL8313

2300 East Drive, Building 3600 Scott AFB, IL 62225

2. NATURE/DESCRIPTION OF ACTION(S):

The nature of this action is to procure a bridge task order for DODIN Consolidated Implementation Support (current task order HC1028-13-D-0008 HC1028-19-F-0042) until the re-compete effort is awarded. The projected period of performance (PoP) for the bridge is a one-year base period (July 30, 2020 – July 29, 2021) with one, six-month option period (July 30, 2021 – January 29, 2022). The estimated lifecycle value of the cost plus fixed fee (CPFF) task order is and will utilize a variety of appropriated and non-appropriated (i.e., Defense Working Capital Funds) funding sources from DISA and other mission partners.

DODIN Consolidated Implementation Support-JA20-122 MOD 01

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MOD 01: The task order bridge was awarded later than originally anticipated. The bridge was awarded September 30, 2021 with a one-year base period (September 30, 2020 – September 29, 2021) with one, six-month option period (September 30, 2021 – March 29, 2022).

This modification is for a bridge continuation period with one 3-month period, extending from March 30, 2022 through June 29, 2022, and one 4-month period, extending from June 30, 2022 through October 29, 2022, for DODIN Consolidated Implementation Support Task Order (TO) HC1028-20-F-6181. The estimated value of this bridge continuation is . This extension will ensure continued support during the protest period of the follow-on Technologies Refreshment and Implementation (TRI)-Global Solutions Management (GSM) Indefinite Delivery Indefinite Quantity (IDIQ) contract. This extension will allow adequate time to resolve the protest, award the follow-on TO, and allow for the necessary 45-day transition period. Fiscal Year 2022 funding will be used.

3. DESCRIPTION OF SUPPLIES/SERVICES:

This action is for the procurement of DODIN Consolidated Implementation Support, which is dedicated to supporting implementation actions for the growth, sustainment, optimization, and change requirements across the entire DODIN global infrastructure and customer locations. This includes the installation support for customer circuits as needed (i.e. site support or “Last Half Mile” work) and provides the support necessary to carry out pre-implementation analysis, implementation engineering, implementation planning, site preparation requirement documentation, material procurement, hardware installation, complete node installations, equipment upgrades/reconfiguration, card installation, circuit installation, circuit migrations, and site preparation. This bridge ensures continuity of services and consolidated implementation support until the re-compete effort is awarded.

MOD 01: The current TO expires on March 29, 2022. The follow-on effort will be awarded as a TO against the TRI-GSM IDIQ. TRI-GSM was competed under solicitation number HC1028-20-R-0060 as a small business set-aside acquisition. On December 13, 2021, the TRI-GSM IDIQ contract (HC1028-22-D-0001) was awarded.

Debriefings concluded on January 03, 2022. The bid protest was submitted in a timely manner to trigger an automatic suspension of performance of the follow-on contract pending resolution of the protest in accordance with FAR 33.104(c)(1). The extension of the current TO will allow for continued support of this vital program during the protest period, while retaining the ability to provide a consistent level of effort for DISA and its stakeholders without a break in service.

The estimated value of the support for this extension is which includes all labor categories, travel, and other direct costs (ODCs) for the existing TO HC1028- 20-F-6181 for the extension period of March 30, 2022 through October 29, 2022.

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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.

In accordance with FAR 16.505(b)(2)(i)(B), only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized. Only one awardee can continue to fulfill this requirement within the necessary timeframe and without risk of a substantial break in service/support to DISA and its mission partners.

(b) Description of the Justification.

This justification is for services that were previously awarded on a competitive basis to NES Associates, LLC (NES). The current task order was competitively awarded under the Global Solutions Management Engineering, Transition, and Implementation (GSM- ETI) multiple award Indefinite Delivery, Indefinite Quantity (IDIQ) contract, a vehicle established as result of a small business set-aside. However, the GSM-ETI contract ordering period ended December 31, 2019, and task orders may not go beyond December 31, 2020. As such, the bridge results in a new task order award rather than an extension of the existing task order. The follow-on effort will be awarded to General Dynamics One Source, LLC (GDOS) via the ENCORE III Full and Open (F&O) multiple award IDIQ contract. GDOS is a Joint Venture (JV) that includes General Dynamics Information Technology, Inc. (GDIT), CSRA LLC, (CSRA) and General Dynamics Mission Systems, Inc.(GDMS). On February 12, 2018, General Dynamics Corporation (GD) and CSRA Inc. (the parent company of CSRA LLC, SRA International, Inc., and NES Associates, LLC) announced they had entered into a definitive agreement under which GD would acquire all outstanding shares of CSRA Inc. GDIT and CSRA as of April 3, 2018, are now affiliated companies through their common ultimate parent corporation, GD. GDIT is the managing affiliate of CSRA and its subsidiaries to include NES Associates, LLC.

The relationship between GDIT, CSRA, SRA, and NES is consistent with the legal definition of affiliates as business concerns that are controlled by the same third party or commonly controlled by a third party (in this case GD) with control consisting of shared management or ownership and common use of facilities, equipment, and employees.

GDIT, CSRA, SRA, and NES share the same employees, the same financial and accounting systems, and the same internal policies and procedures.

Efforts are currently ongoing to pursue a single award IDIQ contract for Technologies Refreshment and Implementation (TRI)-GSM requirements. TRI-GSM will provide the support necessary to carry out the implementation and integration activities to support technologies refreshment, optimization, and expansion of customer capabilities for the DODIN/Defense Information Systems Network (DISN) and related services.

Additionally, the new TRI-GSM contract will provide all necessary, critical logistics activities to support global DODIN implementation efforts, thus efficiently aligning requirements in support of DISA. The bridge allows requirements to be added until the follow-on (TRI-GSM) contract is available (projected award date is April 18, 2021).

Historically, the implementation projects are completed within a one-year period of

Page 4 of 9 Pages performance. A bridge of one-year plus a six-month option provides the necessary flexibility given the project-based nature of these requirements and allows DISA and non- DISA mission partners to add new projects and ensure the necessary period of performance to complete the non-severable projects. Failure to maintain the contractor support provided by GDOS until the follow-on procurement is awarded will result in a loss of continuity of services and negatively impact mission-critical functionality and services to DISA. GDOS understands the requirements and currently possesses the requisite expertise and relevant experience to continue performance.

MOD 01: HC1028-20-F-6181 was re-competed under the TRI-GSM IDIQ solicitation. TRI-GSM was competed under solicitation number HC1028-20-R-0060.

Award of HC1028-22-D-0001 was made on December 13, 2021 and this award was protested. Thereafter, a stop-work order was issued.

(c) Justification.

(1) Minimum Government requirements.

DISA and non-DISA mission partners depend on the support to perform installation, configuration, upgrade, relocation, and removal of network hardware devices and supporting equipment and the activation, transition, and decommissioning of network circuits as required to fulfill DISN customer requirements. This support is critical to maintain acceptable levels of performance in support of DISA and its mission partners to implement major projects. The DISN Network is the crucial backbone to the worldwide telecommunications infrastructure that provides a full range of information products and services in support of the Department of Defense (DoD) and other authorized users. The DISN is managed by DISA to satisfy DoD global requirements for survivable, secure, reliable, and available telecommunication services. The DISN, currently comprised of numerous crucial and interrelated networks, has evolved over the years in response to emerging requirements and availability of new technologies.

These networks provide access to DISN common user services and long haul transport for DISA customers. The DISN currently has approximately 400 service delivery nodes located at geographically dispersed locations worldwide. Failure to support mission partners and other stakeholders will negatively impact mission critical support functions that ensure the timely deployment and continuation of telecommunication services for DISA and is stakeholders. A gap in service would be devastating to the warfighter and have worldwide ramifications as this effort allows the vital components of the DISN infrastructure to be deployed to military forces around the globe.

(2) Proposed sole source contractor.

GDOS (through it acquired relationship with NES) is the only source that can continue to fulfill this requirement within the necessary timeframe and without risk of a substantial break in service/support to DISA and its mission partners.

MOD 01: Due to the bid protest, GDOS is the only source that can fulfill this requirement without risk of a substantial break in service/support to DISA IE and its stakeholders. Again, due to the bid protest filed, GDOS is the only source

Page 5 of 9 Pages that can supply the needed services during this period without a break in service.

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

This effort will be consolidated with technology refresh efforts under the new TRI- GSM IDIQ contract vehicle; as explained above, the projected award date for TRI- GSM is April 18, 2021. Historically, projects are completed within a period of performance of one year. With this bridge, DISA is able to add new projects to the task order and ensure they have the necessary period of performance to complete the work. A gap in the critical implementation support that NES currently provides is unacceptable, as it will negatively impact mission-critical functionality. To transition the bridge task order to another contractor would result in a break in service. This is unacceptable, as it could result in multiple project transition periods in a short time period jeopardizing performance of this highly specialized service. Therefore, a task order bridge is requested, which will allow sufficient performance period for projects as well allow adequate time for the award of TRI-GSM, protest period, and transition efforts for the new TRI-GSM contract.

MOD 01: A sole-source action is necessary due to a protest filed in response to the award of the follow-on contract, HC1028-22-D-0001. If a bid protest had not been received, this extension would not be necessary.

(4) Demonstration of unique source.

GDOS, through its acquired relationship with NES, is uniquely postured to support DISA without loss of time and work stoppage. GDOS understands the requirements and currently possesses the requisite expertise and relevant experience because NES is the incumbent on the existing task order and currently provides required experts with in-depth knowledge of the DODIN. The highly specialized skillsets in support of the DODIN is required to respond to immediate/emergent requirements when there is compromise to the DODIN (or potential compromise); these specialized services are not readily available in the marketplace in the timeframe necessary.

(5) Procurement discussion.

This effort is included in the scope of the TRI-GSM single-award IDIQ contract, which is currently in the acquisition planning stage. The projected award date for TRI-GSM is April 18, 2021.

MOD 01: The TRI-GSM IDIQ was awarded later than originally anticipated.

On December 13, 2021, the TRI-GSM IDIQ contract (HC1028-22-D-0001) was awarded.

(6) Impact.

Failure to maintain the contractor support provided by GDOS until the follow-on procurement is awarded and transitioned will result in a loss of continuity of services and cause detrimental effects negatively impacting mission-critical functionality and services to military operations. The current contractor provides highly specialized and

Page 6 of 9 Pages critical support to DISA and DISA’s mission partners, and a gap in service would cause a decline in quality of services to DISA and its mission partners.

5. COST/PRICE FAIR AND REASONABLE DETERMINATION:

Determination of fair and reasonable price for this particular action is based on the independent government cost estimate, comparison to the competitively awarded GSM-ETI task order labor rates, and comparison to GDOS’s ENCORE III labor rates. The contracting officer will determine if the proposed value is fair and reasonable by comparing past rates and labor categories on this task order for current work and requirements of the performance work statement being performed. The final value will be determined fair and reasonable upon completion of negotiations.

MOD 01: Determination of fair and reasonable pricing for this extension modification will be based on the independent government cost estimate, and comparison to the previously negotiated HC1028-20-F-6181 TO labor rates. The contracting officer will determine if the price is fair and reasonable by comparing past rates and labor categories to this TO for current work and requirements of the performance work statement being performed. The final cost/price will be determined fair and reasonable upon completion of negotiations.

6. MARKET RESEARCH:

GDOS is the only contractor with the intimate knowledge and technical personnel capable of supporting this requirement in the timeframe necessary for uninterrupted support. Market Research was conducted, and it was determined that follow-on efforts would be fulfilled under the competed TRI-GSM IDIQ, when awarded. Based on the results of market research, the Government determined that the current level of support can only be provided by the incumbent. Transitioning the bridge task order to another contractor would result in a break in service. GDOS is the only source that can continue providing the level of support required without risk of a substantial break in support.

MOD 01: This is an extension to the existing task order bridge HC1028-20-F-6181 to ensure continued support until the protest and transition period of the TRI-GSM IDIQ contract, HC1028-22-D-0001, is complete. Market research was conducted for the follow-on contract. The market research identified potential sources which enabled the follow-on contract to be conducted as an open market small business set-aside.

However, the follow on contract award was protested and thus, delayed. Market research showed that only GDOS can fulfill the Government’s current requirement until the protest is resolved.

7. ANY OTHER SUPPORTING FACTS: None

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

THAT LED TO THE EXCEPTION TO FAIR OPPORTUNITY:

(a) Procurement History.

Contract/Task Order Number: HC1028-13-D-0008/HC1028-19-F-0042 Brief Description: DODIN Consolidated Implementation Support Contractor: GDOS Business Type: Large business Life Cycle Contract Value: $27,304,152 Period of Performance (including all options): December 31, 2019 - December 30, 2020 Contract Type: Firm fixed price (FFP) & CPFF Basis of Award: Competitively awarded under GSM-ETI

Contract/Task Order Number: HC1028-13-D-0011-0008 Brief Description: DISN Customer Implementation Projects Support Contractor: By Light Professional IT Services, Inc.

Business Type: Small business Life Cycle Contract Value: $66,652,661 Period of Performance (including all options): September 30, 2016 – January 29, 2020 Contract Type: FFP & CPFF

Contract/Task Order Number: HC1028-13-D-0011-0007 Brief Description: DISN Optimization Support Contractor: By Light Professional IT Services, Inc.

Business Type: Small business Life Cycle Contract Value: $25,683,918 Period of Performance (including all options): January 23, 2015 – December 22, 2018 Contract Type: FFP

Contract/Task Order Number: HC1028-13-D-0011-0004 Brief Description: DISN Implementation Site Survey, Engineering, and

Telecommunication Site Implementation Plan (TSIP) Support

Contractor: By Light Professional IT Services, Inc.

Business Type: Small business Life Cycle Contract Value: $44,613,513 Period of Performance (including all options): September 30, 2013 – September 29, 2018 Contract Type: FFP

(b) As previously stated, the Government intends for this work be fulfilled under the competitively awarded TRI-GSM IDIQ contract, when awarded. The requirements covered under this task order, for this bridge, will be issued under the ENCORE III F&O multiple award IDIQ contract.

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(c) Of the above referenced task orders, only one (HC1028-13-D-0011-0008) was non-competitively extended (from June 30, 2019 to December 31, 2020) due to three protests received in response to the follow-on competitive award.

MOD 01: This modification is a bridge extension of the existing TO bridge, HC1028- 20-F-6181, until the protest of the follow-on contract can be resolved. The current task order expires March 29, 2022. Solicitation HC1028-20-R-0060 for the follow-on contract was posted on sam.gov on September 14, 2020 as a small business set-aside.

Five proposals were received. Award was made on December 13, 2021. A stop-work order was issued on January 11, 2022 due to a timely bid protest.

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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:

TITLE/ORGANIZATION: Telecom Specialist, Contract Officer’s Representation/DISA/IE4

PHONE:

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:

TITLE/ORGANIZATION: Telecom Specialist, Contract Officer’s Representation/DISA/IE4

CONTRACTING OFFICER CERTIFICATION: I certify that this justification is accurate and complete to the best of my knowledge and belief.

NAME: Shamra Y. Joiner SIGNATURE: See separate signature page

TITLE/ORGANIZATION: Contracting Officer, DISA/DITCO/PL8313

PHONE: 618-418-6198 DATE:

PROCURING ACTIVITY COMPETITION ADVOCATE 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 $15M, this review serves as approval.

NAME:

TITLE/ORGANIZATION: PACA/DISA

ALL QUESTIONS REGARDING THIS JUSTIFICATION ARE TO BE REFERRED TO Jason Day, jason.j.day.civ@mail.mil, 618-418-6285 and Shamra Joiner, shamra.y.joiner.civ@mail.mil, 618-418-6198.