JEFO_FY16-0112.pdf

OPOAM 3016.505-90(a)(2)(ii) Justification for Exception to Fair Opportunity

Exceeding the SAT pursuant to FAR 16.505(b )(2)(ii)(B)

JEFO No.: FY16-0112

Date: 03/23/106 PR Number: 192116PHQCMDP1024

1. Agency and Contracting Activity. Identification of the agency and the contracting activity, and specific identification of the document as a "Justification for an Exception to Fair Opportunity."

The Department of Homeland Security, Office of Procurement Operations, Federal Protective Services (FPS) Acquisition Division (AD), prepared this justification for an exception to fair opportunity.

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

DHS/OPO/FPSAD intends to award a task/delivery order without considering other awardees under contract number HSSSOl-12-D-0022/HSHQEM-14-J-00003 pursuant to FAR 16.505(b )(2)(ii)(B).

3. A description of the supplies or services required to meet the agency's need (including the estimated value).

The Department of Homeland Security, Office of Procurement Operations, Federal Protective Services (FPS) Acquisition Division, prepared this justification for an exception to fair opportunity.

FPS Requires contractor support in executing sustainment related projects to enable continued availability of current and future Land Mobile Radio (LMR) capability.

The contractor personnel will be required to provide project management support during the following FPS efforts:

1. Migrate off of the General Services Administration (GSA) backbone:

Engineering and Implementation of alternate network connectivity or new Wide Area-Network with network monitoring capabilities to facilitate migration from the General Services Administration (GSA) backbone to an appropriate DHS network.

11. Upgrade to the Multi-Protocol Label Switching (MPLS) protocol: Modernize the FPS radio network to utilize MPLS, migrate away from the current Frame Relay architecture.

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Exceeding the SAT pursuant to FAR 16.505(b )(2)(ii)(B)

iii. Enable P25 encryption on the FPS radio network: Upgrade the FPS radio network to provide P25 encryption capabilities.

IV. Refresh network hardware: Refresh obsolete radio network infrastructure hardware to support modernization efforts.

v. Update circuit architecture: Re-engineer FPS-leased circuit architecture to provide maximum efficiency and effectiveness.

VI. Relocate router and node sites: Physically relocate network hardware as necessary due to GSA building closures and relocations.

The Contractor shall provide trained and experienced technical staff to perform the work specified under this task order. The Contractor shall continuously monitor, manage, and control the work. The Estimated Resource Requirements are as follows:

Task Order - Required SOW· Task

Branch quantity ,, Labor Cate2on Level Reference ~

5.1 Task Order

Management .25 Project Manager (PMP Certified) 3 1

1 Deployment Technicians 3 2

5.2 Wireless

Engineering 1 LMR System Engineer 3 4

1 SME LMR Integration 3 3

.25 Test Engineer, Intermediate 3 6 .5 IT Security Specialist, Senior 3 5

.25 Technical Writers 2 7 lnteroperability IP Network

.25 Engineer 3 8

Total Resources 4.50

The anticipated period of performance for these services is 3/30/16-5/29/16.

The total estimated value of this contract action is

4. Identify the exception to fair opportunity and supporting rationale, including a demonstration that the proposed contractor's unique qualifications or the nature of the acquisition requires use of the exception cited. [If the contracting officer uses the logical follow-on exception, the rationale shall describe why the relationship between the initial order and the follow-on is logical

(e. g. , in terms of scope, period of performance, or value)]. [Select one and explain rationale below]:

____ 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.

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Exceeding the SAT pursuant to FAR 16.505(b)(2)(ii)(B)

_ ___ 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. [The justification must demonstrate that the proposed contractor's unique qualifications or the nature of the acquisition requires use of the exception cited].

x 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.

____ FAR 16.505(b )(2)(i)(D). It is necessary to place an order to satisfy a minimum guarantee.

-----'FAR 16.505(b)(2)(i)(E). For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source.

Rationale:

As background, DHS FPS is currently engaged in three (3) separate contract efforts to support the FPS National Radio Tactical Communications (TACCOM) network. The contracts provided for Engineering and Programmatic Support (CHARTIS Consulting, Corp. HSHQEM-14-J- 00003), field radio technician support (Rivada, Corp. HSHQEM-13-J-00006), and Information Technology Technician Support (RDG-GCS Joint Venture, HSHQEM-13-D-00001).

FPS assessed the expiration of each of the three (3) TACCOM support contracts which are (HSSS01-12-D-0022/HSHQEM-14-J-00003), (HSSSOl-12-D-0029/HSHQEM-13-J-00006) and (HSHQEM-13-D-00001) respectively and determined that it would be in FPS' best interest to combine these related efforts into one Technical and Programatic Services Support Contract under the DHS TACCOM IDIQ contract vehicle to improve efficiency of the program. FPS has initiated the recompete to combine these support services into one contract effort via the TACCOM vehicle.

The subject ofthis JEFO is Task Order HSHQEM-14-J-00003 only. The task order was awarded to CHARTIS Consulting, Corp. under TACCOM fair opportunity TORFP HSHQEM-14-R- 00001 and is currently scheduled to end March 29, 2016.

Due to the size ofthe competitive follow-on contract and the time necessary to solict, evaluate offers and award the contract, the current Engineering and Programatic Support Contract with CHAR TIS will expire prior to the award of the proposed competitive contract.

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Exceeding the SAT pursuant to FAR 16.505(b )(2)(ii)(B)

The National Radio Communications network continues ongoing critical efforts as described in paragraph 3 above to improve the communication system for Agent/Inspector's daily use as well as for high risk events such as the support of the Republican and National Democratic Conventions and the Presidential Inauguration. Support for many of these efforts and events was initiated under HSHQEM-14-J-00003 by CHARTIS Consulting, Corp and the continuation of these efforts is intregally related to the work initiated under 14-J-00003 in that the contractor will continue to design and develop a modernized FPS radio network and provide project management support to the Government. Further, 14-J-00003 is currently performed by personnel that are not only qualified but now possess an in-depth knowledge ofFPS, its National Radio Communications network and all on-going improvement initatives. Competing the work described in paragraph 3 for the short period oftime between expiration ofHSHQEM-14-J- 00003 and award of the combined, competitive follow-on contract slated for fiscal year 2016, represents inefficiencies as well as the possibility of an unacceptable lapse in critical services which will be described in further detail below. First, assuming a fair opportunity competition was accomplished, award to a new provider staffed with personnel other than those currently working the incumbent effort will result in an extended period of familiarization with FPS, its Radio Program and on-going initiatives before proper performance can begin. This will slow and could halt the continued design and implementation plan of two (2) major form-fit-function and modernization efforts critical to Agent/Inspector safety as well as governmental asset and personnel safety. The program cannot afford to slow in-progress efforts ,which if not continuously worked during this critical period may jeaopardize safety during important national security events in the near term such as the RNC and DNC. Further, award to a new provider could delay services due to the recent significant delays in the suitability process as further described in paragraph 6 below.

FPS is requesting a two (2) month sole source logical follow-on extension to the Engineering and Programitic Support requirement with CHAR TIS Consulting, Corp. as it is the most efficient means of continuing the instant effort which is intergrally related to the work already performed under 14-J-0003 which was previously competed.

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

It is anticipated that the two-month extension for the Engineering and Programitic Support services with the CHAR TIS Consulting, Corp. will be executed at the current monthly firm fixed price. The TACCOM IDIQ includes negotiated pricing for the labor categories being procured for this requirement. The DHS Contracting Officer has already found these prices to be fair and reasonable. Additionally, the Firm Fixed monthly price for these services were determined to be fair and reasonable on the previous acquisition based on competition. There have not been any significant changes within the Engeering and Programitic Support industry for the Contracting Officer to believe that the existing monthly firm fixed price would no longer be considered fair and reasonable.

6. Any other facts supporting the justification.

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Exceeding the SAT pursuant to FAR 16.505(b)(2)(ii)(B)

FPS has already taken action to remove the barriers that led to the exception to fair opportunity via a competitive TORFP under TACCOM to include the services being procured on this effort.

The anticipated competitive TACCOM order will include FAR 52.217-8- Option to Extend Services and pricing for this option will be evaluated as part of the award selection. This option will give FPS the flexibility to extend services up to 6-months should it be in the best interest of the Government for continuity of operations and to avoid the potential cost of disrupted support.

8. DHS intends to post this requirement on FedBizOpps pursuant to FAR 16.505(b)(2)(ii)(D).

9. Technical/Requirements Personnel Certification.

Pursuant to FAR 16.505(b )(2)(ii)(B)(9), I certify that this requirement meets the Government's minimum need and that the supporting data, which form a basis for the justification, are accurate and complete.

-1!/tL I.

3/23/2016

Technical Representative/COR Date

10. Contracting Officer Certification and Approval

Pursuant to FAR 16.505(b )(2)(ii)(B)(8), I certify that this justification is accurate and complete to the best of my knowledge and belief and hereby determine that the circumstances for an e; on ~~pportunity exist: "1 J~S) I \1

Not exceeding Date Contracting Officer

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