JOFOC 20-30.pdf

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J&A Log #20-30

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Cynthia Norman

Nicole Jackson

Digitally signed by: CYNTHIA CLAIBORNE-NORMAN

DN: CN = CYNTHIA CLAIBORNE-NORMAN C = US O = U.S.

Government OU = Department of Housing and Urban

Development, Office of the Chief Procurement Officer

Date: 2020.07.31 12:08:24 -04'00'

CYNTHIA CLAIBORNE-

NORMAN

Digitally signed by: NICOLE JACKSON

DN: CN = NICOLE JACKSON C = US O = U.S. Government OU = Department of Housing and Urban Development, Office of the Chief Procurement Officer

Date: 2020.07.31 15:00:20 -04'00'

NICOLE JACKSON

J&A Log #20-30

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

1. IDENTIFICATION OF THE AGENCY AND THE CONTRACTING ACTIVITY,

AND SPECIFIC IDENTIFICATION OF THE DOCUMENT AS A “JUSTIFICATION

FOR AN EXCEPTION TO FAIR OPPORTUNITY.”

Agency: U.S. Department of Housing and Urban Development (HUD) 451 7th Street SW, RM 5184

Washington, DC 20410

Contracting Activity: Office of Chief Procurement Officer, Headquarters Program Office: Office of the Chief Information Officer (OCIO)

2. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED.

Approval of a ten-month extension to the Independent Verification and Validation contract GS-06F-0626z/DU100F-16-T-00006 is being requested.

Method of Contracting: Contract Modification Type of Contract: Hybrid - Firm Fixed Price and Labor Hour Type of Funds: This contract action will be funded with Information Technology (IT) funds

3. A DESCRIPTION OF THE SUPPLIES OR SERVICES REQUIRED TO MEET THE

AGENCY’S NEEDS (INCLUDING THE ESTIMATED VALUE).

A bridge extension is needed to continue support services used to monitor and validate the quality and effectiveness of HUD’s Information Technology (IT) network.

Performance Period: August 1, 2020 through May 31, 2021 Estimated Total Dollar Value:

4. IDENTIFICATION OF THE EXCEPTION TO FAIR OPPORTUNITY (SEE

16.505(B)(2)) 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. 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).

Authority: 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 (see FAR 16.505(b)(2)(i)(B)).

OCIO needs assistance with its Data Center transition, without this support, there will be a potential break in Data Center services. If there is a break in Data Center services it would shut down the entire enterprise-wide infrastructure services for HUD's headquarters and approximately 60 field offices; all 10,000 workstations and office automation solutions, hosting for over 200 business applications, data storage, disaster recovery for mission critical applications, and help desk services would cease. Due to the complexity of HUD’s systems, Agile Defense Inc. located at 11600 Sunrise Valley Drive, Suite 440, Reston VA 20191-1416 is the only source with the specialized knowledge required to provide this vital transition support.

HUD is currently undergoing a thorough review of its Data Center services and associated assets which must be completed within the next 30 days in order for HUD to issue a request for proposal in time to avert a break in service that will result in shutting down HUD’s mission critical systems supporting HUD’s operations. Agile Defense is a critical part of the assessment and the only vendor capable of doing this work in the required timeline due to their integral knowledge of HUD’s Infrastructure and Operations contracts.

Finally, Agile Defense Inc. provides independent review and validation of testing for all infrastructure software updates and upgrades before recommending promotion to Production.

This validation requires access to HUD systems and expert knowledge of HUD’s environment including all applications and systems that are currently in the environment along with the hundreds of connections and dependencies that exist among systems in the environment. As required by HUD’s Project, Planning and Management framework, this independent verification must be done prior to making changes in Production and Agile Defense is the sole vendor capable of continuing these operations for infrastructure applications. If there is a break in independent verification services, software updates and upgrades would be delayed, which would create security vulnerabilities and potential loss of service for mission-critical business applications that support HUD’s mission.

5. A DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND

REASONABLE.

The contracting officer will determine that the anticipated cost to the Government will be fair and reasonable based on the Independent Government Cost Estimate (IGCE) founded on historical pricing for the same or similar services.

6. ANY OTHER FACTS SUPPORTING THE JUSTIFICATION.

A target award for a new contract is scheduled for March 2021. The ten-month extension of the current Agile Defense Independent Verification and Validate contract will allow sufficient time for the new award to be made and support the 30-Day Transition period noted in the Performance Work Statement as well as HUD processes for onboarding new resources.

7. A STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO

REMOVE OR OVERCOME ANY BARRIERS THAT LED TO THE EXCEPTION

TO FAIR OPPORTUNITY BEFORE ANY SUBSEQUENT ACQUISITION FOR THE

SUPPLIES OR SERVICES IS MADE.

OCIO has already submitted a completed competitive acquisition package to OCPO and is working closely with the Office of the Chief Procurement Officer in pursuing a competitive task order for Independent Verification and Validation using GSA’s Multiple Award Schedule (MAS) under SIN 54151S - Information Technology Professional Services. By using the schedule, OCIO’s plans to prevent another bridge by working with OCPO to have a contract awarded no later than March 2021.

8. THE CONTRACTING OFFICER’S CERTIFICATION THAT THE

JUSTIFICATION IS ACCURATE AND COMPLETE TO THE BEST OF THE

CONTRACTING OFFICER’S KNOWLEDGE AND BELIEF.

See HUD Form Limited Source Justification - Governmentwide Acquisition Contract (GWAC) or Multi-Agency Contract (MAC) Orders Exceeding the Simplified Acquisition Threshold for the Contracting Officer’s Certification, Part 2.

9. EVIDENCE THAT ANY SUPPORTING DATA THAT IS THE RESPONSIBILITY

OF TECHNICAL OR REQUIREMENTS PERSONNEL (e.g., VERIFYING THE

GOVERNMENT’S MINIMUM NEEDS OR REQUIREMENTS OR OTHER

RATIONALE FOR AN EXCEPTION TO FAIR OPPORTUNITY) AND WHICH

FORM A BASIS FOR THE JUSTIFICATION HAVE BEEN CERTIFIED AS

COMPLETE AND ACCURATE BY THE TECHNICAL OR REQUIREMENTS

PERSONNEL.

See HUD Form Limited Source Justification - Governmentwide Acquisition Contract

Threshold for the Program Office Official’s Certification, Part 1.

10. A WRITTEN DETERMINATION BY THE APPROVING OFFICIAL THAT ONE OF

THE CIRCUMSTANCES IN (b)(2(i(A) through (E) OF THIS SECTION APPLIES TO

THE ORDER.

See HUD Form Limited Source Justification - Governmentwide Acquisition Contract

Threshold for the Approving Official’s Certification, Part 3.