JOFOC MSAR (Final) Mod P00001.pdf

DEPARTMENT OF TRANSPORTATION

FEDERAL HIGHWAY ADMINISTRATION

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

1. Identification of the agency and the contracting activity

Federal Highway Administration (FHWA) Information Technology (IT) Acquisition Center of Excellence (ACE) Office of Acquisition and Grants Management 1200 New Jersey Avenue, S.E., Washington, DC 20590

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

This justification is issued in support of FHWA’s Office of Information Technology Services (OITS) request to modify Purchase Order (PO) No. 693JJ319P000056. OITS is requesting to add work to the PO thereby increasing the value of the PO and extending the period of performance. The existing PO was awarded on July 26, 2019 on a sole source basis to Run Consultants LLC (Run Consultants) for the continuation of the Mobile Solution for Assessment and Reporting (MSAR) requirement.

The additional work requested by OITS will require Run Consultants to transition critical MSAR source code ownership from the vendor to the Government. The anticipated modification will extend the PO’s Period of Performance (PoP) for one year thus extending the original one year PoP for an additional year for a total PoP of two years.:

The time extension will allow the Government sufficient time to compete a follow-on procurement for MSAR support services. If the Government does not modify the existing PO to acquire the source code, the Government would have to continue to issue sole source awards to Run Consultants indefinitely to use the source code. During this one-time extension of the existing PO, Run Consultants will also continue to provide the licenses and operation and maintenance support services for MSAR, to allow time for the follow-on procurement competition.

3. Description of the supplies or services required to meet the agency’s needs (including the estimated value)

The primary objective of this modification is to acquire the source code for the MSAR- Damage Assessment Reporting Solution (DARS). MSAR enables users associated with State and Federal Land Management Agencies to submit repair assessments under the Federal Lands Emergency Relief for Federally Owned Roads (ERFO) and Federal Aid Emergency Relief (ERFA) Programs. The MSAR application streamlines the data capture, approvals, and reporting of damages to transportation infrastructures. As a mobile solution for communicating and sharing of real-time information, MSAR supports the collection of damage assessment and damage survey report information during emergencies (data/voice/photos/videos/ geospatial). The information is then provided to management and roadway designers in near real-time to support prompt decision making.

In addition to acquiring the source code, the modification of the existing PO will also provide licenses, as well as training and maintenance support for one year. The training is an essential aspect of the MSAR knowledge transfer from RUN Consultants to DOT personnel. The maintenance support will be continued once the code extraction is complete, however, the maintenance support will be competed in future orders, once this PO is completed. Optional tasks are also included to provide additional enhancements, and additional knowledge transfer trainings for MSAR. The optional task work is beneficial to DOT personnel, and the requirement, but not mandatory. Exercising of any optional tasks will not impact the PoP extension of one year.

The estimated value for the source code transition, licenses, and training/maintenance support PO modification is $1,888,219 as follows:

IGCE Summary

MSAR License $393,660

MSAR Source Code Transition

$790,800

Training and Maintenance Support $222,259

Optional Tasks $481,500

As a result of this additional work requested under this justification, the PO will increase from $362,333 by $1,888,219 to $2,250,552 to include all oprtional work.

4. Statutory authority permitting other than full and open competition

The authority to enter a PO modification for this effort without full and open competition is Federal Acquisition Regulation 6.302-1, only one responsible source and no other supplies or services will satisfy agency requirements.

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited

Run Consultants owns the proprietary commercial DARS software. Run Consultants utilized DARS to develop the MSAR application for FHWA. All rights and ownership of these software solutions, including the ability to modify, enhance, or extract code from DARS and MSAR are the exclusive rights of Run Consultants. Therefore, the PO will be modified to require Run Consultants to extract the source code from DARS and provide ownership rights to the Government. This will allow all future MSAR support service procurements to be competed. As only Run Consultants is intimately familiar with the software it created, only Run can provide the training and support services until the data transfer is complete.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized

As previously stated, MSAR is proprietary software owned by the company Run Consultants. It is not practical to solicit other potential sources, as no other source can extract the source code from MSAR. Through this source code transition, the Government will gain ownership of the code, and be positioned to compete future contracts to all eligible vendors to maintain and support the environment.

7. Determination by the Contracting Officer that the anticipated cost to the

Government will be fair and reasonable

The Contracting Officer (CO) will ensure that all costs associated with the proposed modification are fair and reasonable. The CO will perform a detailed price analysis of Run Consultant’s proposal to substantiate this determination.

8. Description of the market research conducted and the results or a statement of the reason market research was not conducted

No market research was conducted for the MSAR source code extraction because it can only be performed by Run Consultants. However, market research is being performed to support the future competition of the operations and maintenance support services procurement that will be a follow-on to this requirement.

9. Other facts supporting the use of other than full and open competition

Not applicable.

10. Listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

Not Applicable.

11. Statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

Currently, the Government is not able to remove or overcome the barriers to competition to fulfil the code extraction of MSAR. Upon completion of this action, future competitions for the MSAR licenses and support will no longer be sole sourced. The successful extraction of the MSAR code, and the subsequent change of the MSAR software license into a community licenses will allow the Department to solicit competitive orders for MSAR in the future.

12. Certification & Approvals Signature Page

I certify that the information provided in this justification is complete and accurate to the best of my knowledge and belief.

Sergio Mayorga, Contracting Officer’s Representative Date

Federal Lands Highway

Barakat Shakir, Contract Specialist Date

IT ACE

FHWA Office of Acquisition and Grants Management

Brittney Chappell, Contracting Officer Date

IT ACE

FHWA Office of Acquisition and Grants Management

Based upon the preceding information, I hereby recommend approval of this Justification for Other than Full and Open Competition to award this modification to Run Consultants, LLC.

Sarah Berman, Director Date

IT ACE

FHWA Office of Acquisition and Grants Management

Attorney Advisor Date FHWA Office of Chief Counsel

Digitally signed by BARAKAT

NATHAR SHAKIR

Date: 2020.05.21 11:31:51 -04'00'

BRITTNEY

VICTORIA

CHAPPELL

Digitally signed by BRITTNEY

VICTORIA CHAPPELL

Date: 2020.05.29 15:15:07 -04'00'

SARAH

BERMAN

Digitally signed by SARAH

BERMAN

Date: 2020.05.22 14:49:23 -04'00'

Anastasiya Digitally signed by Anastasiya Date: 2020.05.28 19:16:57 -04'00'

SERGIO J

MAYORGA

Digitally signed by

SERGIO J MAYORGA

Date: 2020.05.21 11:50:51 -04'00'

Stephanie D. Curtis, Chief Acquisition Officer Date Office of Acquisition and Grants Management

Brian R. Bezio , Competition Advocate Date FHWA Chief Financial Officer

STEPHANIE

CURTIS

Digitally signed by

STEPHANIE CURTIS

Date: 2020.06.05 16:36:23 -04'00'

BRIAN R

BEZIO

Digitally signed by

BRIAN R BEZIO

Date: 2020.06.06 08:41:41 -04'00'

5.28.20JOFOC (MSAR) Signature (final)111