JOFOC_J-A_20-15.pdf

J&A Log #20-15

ATTACHMENT

Justification for an Exception to Fair Opportunity

Information Technology Network Transport Support Services

(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 5256

Washington, DC 20410

Contracting Activity: Office of the Chief Procurement Officer (OCPO), Headquarters

Program Office: Office of the Chief Information Officer (OCIO)

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

The purpose of this justification is to extend the contract for AT&T Corporation executed under Contract Number DU100F-13-T-00005. The requested extension will enable HUD's ability to address the ongoing Information Technology Network Transport Support Services needs of the Office of the Chief Information Officer and Program Areas and allow enough time to complete the OCIO/OCHCO/GNMA EIS acquisition and contract award.

The period of performance for the present contract is September 26, 2018 through March 28, 2020.

Method of contracting: Contract Modification Type of contract: The type of contract will be Firm Fixed Price.

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).

The WAN includes HUD Internet, Managed Trusted Internet Protocol Service (MITIPs) circuits, email connectivity as well as HUD Headquarters to Field Office connectivity.

Connectivity with external business partners provide HUD the ability to disburse hundreds of millions of dollars monthly to grantees and for loans.

Performance Period: 03/29/2020 through 03/28/2020 (12 months) Estimated Total Dollar Value: $20,974,227.00.

(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).

Statutory Exception: The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays (see FAR 16.505(b)(2)(i)(A)).

AT&T Corporation., located at 3033 Chain Bridge Road Oakton, Virginia 22185, is considered the only capable source that can satisfy the Department’s requirements within the established timeframe and with the specialized knowledge required. The incumbent Contractor is providing current transport services support for HUD and is uniquely knowledgeable and qualified to perform timely and efficient transport services. The requirements covered by the contract modification fulfills an existing Government need and is the most advantageous method of fulfilling the Government’s need. HUD’s transport services are managed by AT&T and the Government does not have the capability to perform these services. Any other contractor would require significant time to learn HUD’s Network environment to be able to perform the requirements of this contract modification and services resulting in unacceptable delays and possible loss of service.

The Networx contract provides the underlying connectivity for all of HUD’s systems, to include servers, cloud solutions, internet connectivity, cyber security, phone, Wi-Fi, laptops, desktops, and conference room equipment. Without the underlying infrastructure, all systems at all HUD locations will cease to operate. Additionally, loss of connectivity with external business partners would significantly impact HUD’s ability to disburse hundreds of millions of dollars monthly to grantees and for loans.

During the current public health crisis, this vehicle is more important than ever to keep seamless, uninterrupted and timely, open and expanded communications with HUD employees, who are all mandated to telework fulltime, and to mission constituents regarding critical public health information and special, crisis-related HUD program support. In this crisis environment, the Departmental programs overall and the Secretary individually have taken on heightened importance in the Administration’s strategy to combat the public health crisis and provide critical crisis services and support to the victims of the crisis.

A break in service, even for as little as an hour, would be disastrous for HUD’s mission and the Secretary’s critical role in the Administration’s response to the crisis. Loss of this critical communications vehicle would prohibit the timely and accurate delivery of the above crisis-related communications regarding critical support to the Nation’s most vulnerable population, to crisis victims and to employees, victims. Lack of constituent access to critical support information could contribute to worsening health, inability of victims to obtain critical shelter and healthcare, and even their deaths. Lack of access to information on safe housing shelter and access to that shelter could also contribute the spread of COVID-19 and lead to worsening public health, and even more deaths.

(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.

None

(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.

A competitive acquisition to replace contract DU100F-13-T-00005 will be completed prior to and transitioned prior to the end of the requested contract extension.

Market research was not conducted at this time, however a comprehensive market research will be conducted in the follow-on competitive contract

(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 certification, Limited Source Justification, 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.

The information provided as supporting data which forms the basis for this Limited Source Justification has been certified as complete and accurate by the Program Office Official as evident by their signature on the Limited Source Justification, Part 1.

(10) A written determination by the approving official that one of the circumstances in paragraphs(b)(2)(i)(A) through (E) of FAR 16.505 applies to the order.

A written determination identifying the circumstance that applies has been provided as evident by the Approving Official's signature on the Limited Source Justification, Part 3.