JEFO redacted ACQ210649.pdf

Form # USPTO-OP-073.v1.0 (01/2020) 1

Integration of Certified Copy Center (CCC) Interfaces Phase 2 ( Project ID: 101389)

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY (JEFO)

(Limited Competition or Sole Source)

(41 U.S.C. 1903 and FAR 16.505(b)(2))

SECTION I. COMPLETED BY THE PROGRAM OFFICE

Program Office: OCIO-AED-CSD

Program Office

POC:

Title of Procurement:

Additional Resources for CCC Interfaces Phase 2 – Additional Work

Estimated Value (including options)

Contracting Officer:

Contracting Officer Phone:

Acquisition Package Number:

ACQ-21-0649

1. Program Office Anticipated Type of JEFO (select from drop-down box) [ o Limited Competition (Procurement does not provide a fair opportunity for all Indefinite Delivery Indefinite Quantity (IDIQ) contract holders under FAR 16.505)o Limited Competition (Procurement does not provide a fair opportunity for all Indefinite Delivery Indefinite Quantity (IDIQ) contract holders under FAR 16.505) ]

2. Description of the Action The purpose of this action is to modify the Integration of Certified Copy Center (CCC) Interfaces Phase 2, a Labor-Hour task order 1333BJ20F00280046/Contact DOC50PAPT1600026 by adding operations and maintenance support for MyUSPTO from 4/1/2021 through 9/28/2021 and OEMS operations and maintenance support from 4/16/2021 through 9/28/2021.

3. Description of the Supplies/Services

The Certified Copy Center (CCC) is an online storefront for shoppers of certified and uncertified patent and trademark documents. Users can use this system to order both published and unpublished documents from the U.S. Patent and Trademark Office (USPTO). The system includes enhanced ordering capabilities such as ordering unpublished documents with proper proof of entitlement. In addition, the system will link selected documents directly from the Private/Public Patent Application Information Retrieval (PAIR) system and the Patent Center. Users can track their orders and entitlement request submissions online. Users can also view orders from the legacy ordering system

Form # USPTO-OP-073.v1.0 (01/2020) 2 if they elect to link their existing online document ordering account with their MyUSPTO.gov account. Orders placed through CCC get integrated to the legacy OEMS system for order fulfillment.

Current order status is updated and tracked in CCC as well.

MyUSPTO is a personalized homepage and gateway to USPTO business. MyUSPTO provides a single interface across USPTO for users to register with USPTO. MyUSPTO also allows users to house their correspondence information, interact with the office, manage their intellectual property portfolios, and access USPTO technology services based on their roles using a login with a single username.

In support of Operations and Maintenance, the Contractor shall:

Troubleshoot and resolve escalated tickets from ServiceDesk, EBC, Trademark center Troubleshoot and WEBEX with public customers to resolve the issues as needed Support security activities such security scan, security POAMs remediation, server patch installation, security annual assessment.

Respond to Major Incidents in production Support database password change in all environments Support DOSP and GEARS update Support troubleshooting activities including restart applications and fix the issues from servers, network, Firewall, and/or applications.

Provide end user or application Admin supports such as helping with reports, data calls, and data adjustments.

Conduct smoke testing in the test environment and production Monitor and check logs application servers and hard drives if there are any issues.

Provide minor code and configuration update account as necessary Support OEMS/MyUSPTO external hardware that interfaces with OEMS/MyUSPTO software to complete the business process For OEMS/MyUSPTO, ensure CA Gen expertise is available, if needed, to troubleshoot or fix system issues Support OEMS/MyUSPTO to ensure the internal CORE system and all subsystems such as printers and CDROMs are running smoothly without issues.

Support required upgrade, patching and reboot activities related to OEMS/MyUSPTO software and hardware.

The Government estimates an increase in key personnel to support this effort as follows:

Labor Category Hours Rate Cost

OEMS O&M

Principal Software Engineer Senior Systems Engineer

MyUSPTO O&M Principal Software Engineer

Option Period Total

Current Contract Value Estimated Increase Total

CLIN 0001 $2,696,613.64 N/A $2,696,613.64

Form # USPTO-OP-073.v1.0 (01/2020) 3

CLIN 0002

(unexercised option) $1,499,778.93

Total $3,994,290.73

To achieve the above scope/deliverables, AED/CSD estimates an increase valued at accelerate CCC development and include operations and maintenance. As a result, the total task order value would increase from

4. Other Facts Supporting the Justification

None

SECTION II. COLLABORATION BETWEEN THE PROGRAM OFFICE AND OP

5. Adjudicated Type of JEFO (select from drop-down box)

[ o Limited Competition (Procurement does not provide a fair opportunity for all Indefinite Delivery Indefinite Quantity (IDIQ) contract holders under FAR 16.505)o Limited Competition (Procurement does not provide a fair opportunity for all Indefinite Delivery Indefinite Quantity (IDIQ) contract holders under FAR 16.505) ]

6. Exception to Fair Opportunity and Supporting Rationale FAR 16.505(b)(1)(i) requires the Contracting Officer to provide each awardee under a multiple award contract, a fair opportunity to be considered for each order exceeding the micro purchase threshold (MPT) unless a statutory exception applies. The specific statutory exception to the fair opportunity process for this award is FAR 16.505(b)(2)(i) and

(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.

The solicitation that resulted in task order 1333BJ20F00280046 was competed among all the SDI- NG Bridge vendors in accordance with the ‘fair opportunity’ requirements. Only one vendor, CGI, submitted a proposal. Based on the proposal evaluation, CGI was deemed capable of supporting CCC Interfaces Phase 2 project.

The OCIO (Office of the Chief Information Officer) at USPTO is advocating for both cloud first and cloud smart strategies as mandated by the White House in 2017 (https://cloud.cio.gov/strategy/).

After a careful analysis and study, USPTO has chosen to migrate USPTO’s digital front application, MYUSPTO, into cloud in the next year. It is a both a strategic move and a needed enhancement within the CCC to enable high availability and disaster recovery of the USPTO’s top IT asset. Due to the operational dependency of legacy OEMS and MYUSPTO, USPTO needs to onboard an Agile development team to perform the necessary Development, Security, Operations and Maintenance (DevSecOps) support to sustain full Operations while preparing OEMS for cut over to CCC and

Form # USPTO-OP-073.v1.0 (01/2020) 4

MYUSPTO for cloud migration and integration of CCC storefront. The Agency’s cloud first and cloud smart strategic initiatives require the accelerate development of CCC while sustaining Operations and Maintenance of OEMS and MYUSPTO. USPTO requires developer contractor support to be timely and to work with cloud engineers as well as the infrastructure team to support the mission for cloud migration.

The current Contractor, CGI, has the knowledge, skill and capability to support this effort based upon the fact that they are currently developing the CCC system, currently integrating with MYUSPTO, and supporting the phased decommission of Legacy OEMS as well. Awarding a new task order would delay the delivery of this system and decommissioning of Legacy OEMS, incur costs of transitioning to a new contractor, additional O&M support cost for OEMS, and acquisition costs resulting from a re-competed action estimated at ~ $6 million. If the cloud first and cloud smart initiatives are delayed, USPTO will suffer a loss of current resources such as the current cloud engineer team without producing the expected migration. Furthermore, the overall delay of moving CCC and MYUSPTO to the cloud, would compromise USPTO’s mission and OCIO’s strategic plan.

The sole source approach for this modification eliminates the learning curve associated with acquiring a new contractor and reduces both cost and risk by leveraging the expertise of the incumbent development team. As such, CGI is the only vendor capable to support this effort to accelerate CCC development while sustaining Operations of OEMS and MYUSPTO to meet the aforementioned initiatives required by OCIO management.

7. Actions to remove or overcome barriers to fair opportunity before subsequent acquisition

No action planned since this was competed.

Form # USPTO-OP-073.v1.0 (01/2020) 6

BPO/Director of OP (or Designee) Name

BPO/Director of OP (or Designee) Signature Date

4. Competition Advocate Certification:

Approval (required for actions valued from $700K to $13.5M) Concurrence (required for actions valued above $13.5M)

In accordance with FAR 16.505(b)(2)(ii)(C)(2), the Competition Advocate, certifies that they have reviewed this justification and has determined that sufficient facts exist to support the justification.

Competition Advocate Name (Deputy Chief Financial Officer)

Competition Advocate Signature Date

5. Head of the Contracting Activity (HCA) (or Designee) Certification (required for actions valued greater than $13.5M)

In accordance with FAR 16.505(b)(2)(ii)(C)(3), the HCA certifies that they have reviewed this justification and has determined that sufficient facts exist to support the justification.

HCA (or Designee) Name

HCA (or Designee) Signature Date

SECTION V. ATTACHMENTS