Justification for an Exception to Fair Opportunity_For Posting_2024.07.23.pdf

Docusign Envelope ID: 49876ED7-1D5E-469F-843E-7A70657A8F87 Docusign Envelope ID: 66A08456-FCDC-4DCB-98C3-509F9AC0506F Docusign Envelope ID: 545C5317-E074-44DF-8F22-DD5C443708EE

ASSIST Award ID: 47QFMA24F0012

Justification for an Exception to Fair Opportunity For

Defense Manpower Data Center (DMDC) Worldwide COTS Hardware Software Integration and Maintenance Support

(WWHWSW) Transition-Out Bridge

Note: This document is prepared in accordance with the requirements of FAR 16.505(b)(2)(i)(A).

1. Identification of the agency and contracting activity

The requiring activity is the Defense Manpower Data Center (DMDC) located at 400 Gigling Road, Seaside, California 93955.

The contracting activity is the General Services Administration (GSA) Federal Acquisition Service (FAS), Assisted Acquisition Services (AAS), Army, Sector 3

(QFAC).

2. Nature/description of the action/contract type

The action being approved is a modification to award additional maintenance and integration support services and to extend the period of performance for services being provided under existing task order 47QFMA24F0012, which was awarded under GSA Alliant 2 Governmentwide Acquisition Contract (GWAC) 47QTCK18D0011, on a sole source basis to Peraton Inc. As a result of a protest filed on June 20, 2024, at the U.S. Government Accountability Office (GAO), this modification will add additional support tasks for a period of 100 days, based on the GAO protest decision timeline, to be provided in advance of the transition-out services already procured and will extend the current period of performance (PoP) validity end date from 09/09/2024 to 01/06/2025.

The Government will solicit only Peraton Inc. for its technical expertise in providing maintenance and integration support services in direct support of the DMDC Worldwide COTS Hardware Software Integration and Maintenance Support (WWHWSW) task orders.

These sustainment services were previously supported by Peraton Enterprise Solutions LLC under task order 47QFMA20F0023, awarded under Peraton’s GSA Alliant Government Wide Acquisition Contract (GWAC) contract number GS00Q09BGD0027. The previous task order was awarded on 08/23/2018, with a period of performance start date of 09/17/2018 with service expiring on 02/16/2024.

The previous order could not be modified to further extend the period of performance to provide transition-out services given that all task orders placed under the Alliant 1 GWAC must be complete by 04/30/2024. Thus, a bridge task order, 47QFMA24F0012, for transition-out services only was awarded on a sole source basis to Peraton, Inc.

under their GSA Alliant 2 contract 47QTCK18D0011 for a period of performance from

Docusign Envelope ID: 49876ED7-1D5E-469F-843E-7A70657A8F87 Docusign Envelope ID: 66A08456-FCDC-4DCB-98C3-509F9AC0506F Docusign Envelope ID: 545C5317-E074-44DF-8F22-DD5C443708EE

02/17/2024 through 05/27/2024. Given that the procurement for the subsequent task order, identified as DMDC Information Technology Global Enterprise Management Services (IT GEMS), is currently under a stop work order pending a GAO protest decision, the current Worldwide Hardware Software Integration and Maintenance Support (WWHWSW) Transition-out Bridge task order needs to be modified to add maintenance and integration tasks to support the DMDC WWHWSW program during the IT GEMS work stoppage, prior to Peraton being able to provide the original transition out services acquired. This modification action will ensure that DMDC is supported with maintenance, integration, and transition-out services for the period of performance through 01/06/2025, which will ensure a smooth transfer of services for the subsequent IT GEMS requirement which is currently under a stop work order due to a GAO protest.

3. Description of supplies/services required to meet the agency’s needs

DMDC’s WWHWSW requires Peraton to provide Hardware (HW), Software (SW), Maintenance, and Integration Services for mission critical enterprise information technology (IT) systems on a global scale, including the following systems:

• Real-time Automated Identification System (RAPIDS)

• Defense Biometrics Identification System (DBIDS)

• Noncombatant Tracking/Emergency Tracking Accountability System

(NTS/ETAS)

• Joint Asset Movement Management System (JAMMS)

Services include interaction with the Department of Defense (DoD) and other federal agencies worldwide to ensure operational effectiveness of programs and applications across the DMDC enterprise. All tasks performed under this task order are worldwide in nature except for Task 4.3, “Outside the Continental United States (OCONUS) Support”, where the support is only required OCONUS.

This modification will allow for a minimally interrupted continuation of services during the protest decision period and a transition-out period following the resolution of a GAO protest for the subsequent IT GEMS task order.

The total estimate of the modification is $42,607,176.36. It is estimated that the total potential ceiling price of this task order will be increased from $68,232,716.90 by $42,607,176.36 to $110,839,893.26.

4. Identification of the exception to fair opportunity

The statutory exception to fair opportunity is 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. Given the nature of the additional maintenance and integration support services needed prior to the transition-out services already acquired, which will aim to accomplish seamless transition from the current incumbent

Docusign Envelope ID: 49876ED7-1D5E-469F-843E-7A70657A8F87 Docusign Envelope ID: 66A08456-FCDC-4DCB-98C3-509F9AC0506F Docusign Envelope ID: 545C5317-E074-44DF-8F22-DD5C443708EE to incoming Contractor/Government personnel, only Peraton can perform the additional services in the timeline provided.

A gap in providing maintenance and integration services prior to the transition-out phase of the services for the enterprise information technology systems notated above may result in operational failure of the systems, programs, and applications established across the DMDC enterprise while a new contractor transitions-in following the decision of the GAO protest.

The DoD, DMDC, other Federal Agencies, and branches of the Uniformed Services require information technology (IT) and integration support from a systems integrator that can deliver leading edge and secure solutions across the DMDC enterprise. The programs supported by this effort support active duty, reserve, and retired military members and their families, as well as civilian and contractor employees of the DoD.

The supported programs include verifying military entitlements and benefits;

managing the DoD ID card issuance program; providing identity management for the DoD; helping identify fraud and waste in DoD systems; conducting personnel surveys;

and assisting military members and their spouses with relocations, quality of life issues and transition to civilian life.

This effort requires support for a variety of services across the DMDC enterprise to include:

• Worldwide Site Management Support

• Worldwide Networks and Communications Engineering Support

• OCONUS Support

• COTS Hardware and Software Support

• Worldwide COTS Hardware and Software Maintenance

• Integrated Program Management System (IPMS)

Any interruption or break in service in these IT-related services and technical solutions until the GAO protest decision is rendered on the subsequent IT GEMS task order award and the awardee completes a transition-in for DMDC is unacceptable. Such a result would negatively affect DMDC’s ability to successfully meet its mission to deliver highly secure and effective IT services that provide world-class user experiences and high availability across all applications to both internal DoD customers and service members and their families. Thus, a failure of DMDC to meet their mission would result in catastrophic consequences for the wide variety of customers both within and outside of the DoD. As an enterprise level effort, not meeting the requirements to provide technical and management personnel, hardware/software and ancillary components, tools and supplies would compromise the entirety of DMDC and severely impact the DoD. Requirements under this effort that if not met would result in mission failure include:

• Purchasing hardware and system software for all DMDC databases, systems, and applications.

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• Provide support for hardware and software modifications, upgrades, and troubleshooting for all DMDC database systems and applications.

• The maintenance of fielded equipment and purchased commercial off the shelf (COTS) hardware and software.

• Testing of hardware and software to validate it will operate effectively in the production environment.

• Receiving and storing of inventory including at each of the DMDC Support Centers (DSCs) in Korea and Europe.

• Modifying both the tools and the underlying server infrastructure to maintain operational effectiveness.

• Ensure security compliance and maintain security compliance support including deploying patches for remediation of vulnerabilities identified by security tools managed by DMDC’s Cyber Security Division.

• Design, develop, and implement new technologies and configurations as application communications requirements evolve.

• Provide daily support for network firewalls installed at DoD installations in support of fielded applications.

• Ensuring readiness and availability to support all contingency operations and Service operational readiness within 24 hours of notification.

DMDC’s operational programs that would be directly impacted by not meeting the listed requirements above include:

• The RAPIDS, a distributed worldwide network of personal computers (PCs) and laptops with Common Access Card (CAC) and other Identification (ID) card production peripherals. Failure to purchase, install, secure, and maintain the hardware and software for RAPIDS would prevent the DoD’s ability to authenticate individuals, capture unique identifying characteristics (photographs, fingerprints), and provide credentials to access benefits and healthcare.

• The DBIDS uses PCs, laptops, and mobile handheld computers that are networked via wireless, local area networks (LANs), and wide area networks (WANs) to communicate with co-located local base, command-wide, and/or global DMDC database servers. Failure to purchase, install, secure, and maintain the hardware and software for DBIDS would prevent US military installations around the globe to verify who is authorized to enter bases.

• The NEO NTS OCONUS and ETAS CONUS use PCs, laptops and mobile handheld devices and computers that are networked via wireless, satellite, LANs, and WANs communications to co-located laptop and/or central DMDC database servers. Failure to purchase, install, secure, and maintain the hardware and software for NTS and ETAS would result in mission failure as the hardware and software is required to maintain visibility of the movement of noncombatants during an evacuation.

• The JAMMS is a technology application developed to capture movement and location information of federal government contractors, operating forces, and government civil servants, worldwide. These systems are standalone laptops

Docusign Envelope ID: 49876ED7-1D5E-469F-843E-7A70657A8F87 Docusign Envelope ID: 66A08456-FCDC-4DCB-98C3-509F9AC0506F Docusign Envelope ID: 545C5317-E074-44DF-8F22-DD5C443708EE that operate in both network connected and disconnected operations. Failure to purchase, install, secure, and maintain the hardware and software for JAMMS would deprive the warfighter of real-time situational awareness.

The only solution to prevent a DMDC mission failure and catastrophic results across the DoD is to award this modification which adds maintenance and integration services previously provided under the WWHWSW II task order, for which Peraton was the incumbent, and extends the period of performance for transition-out services of the current task order to continue these essential services while a GAO protest decision is being contemplated for the subsequent IT GEMS acquisition.

5. Determination by the ordering activity Contracting Officer that the anticipated cost to the Government will be fair and reasonable

The assigned GSA Project Manager (PM) will complete a technical evaluation on the contractor’s technical submission to ensure the labor mix and estimated hours are appropriate for the work to be performed. Price analysis will be performed in accordance with FAR 15.404-1(b)(2), the Contracting Officer anticipates using various price analysis techniques and procedures to ensure a fair and reasonable price such as a comparison of proposed prices for the additional services and extension to historical prices paid and comparison of proposed prices for the extension with the independent Government cost estimates.

6. Any other facts supporting the justification

None.

7. Statement of actions to remove or overcome barriers to exception to fair opportunity

The Government will solicit only Peraton, Inc. for this requirement to provide maintenance and integration services during the protest decision period and extend the period of performance to allow for the transition-out services already acquired under the current WWHWSW Transition-out Bridge task order to be provided following the resolution of the GAO protest. As the current incumbent, only Peraton can provide the supplies or services required in the timeline provided. DMDC’s need for the supplies or services is so urgent that providing fair opportunity would result in unacceptable delays. The Government has awarded a fully competitive task order for IT GEMS, which will replace the WWHWSW program; however, the IT GEMS award is currently under a stop work order pending a GAO protest decision. This bridge task order is being modified to include maintenance and integration services and to extend the period of performance for the existing transition out services, which will allow Peraton to complete maintenance and integration services up until the GAO protest decision is rendered at which time performance of transition-out services already awarded will continue to ensure a smooth transfer of requirements.

Docusign Envelope ID: 49876ED7-1D5E-469F-843E-7A70657A8F87 Docusign Envelope ID: 66A08456-FCDC-4DCB-98C3-509F9AC0506F Docusign Envelope ID: 545C5317-E074-44DF-8F22-DD5C443708EE

Signatures on Next Page

CERTIFICATIONS AND APPROVALS

8. Contracting Personnel Certification:

I certify that this Exception to Fair Opportunity is accurate and complete to the best of my knowledge and belief.

Nicholas Prattico Contract Specialist

Contracting Officer Certification:

7/3/2024

Date:

I certify that this Exception to Fair Opportunity is accurate and complete to the best of my knowledge and belief.

Jon Woloszyn Contracting Officer

9. Requirements Personnel Certification

I certify that the supporting data under my cognizance, which are included in the Exception to Fair Opportunity, are accurate and complete to the best of my knowledge and belief.

Michael Wade

GSA, Project Manager/Contracting Officer’s Representative

Docusign Envelope ID: 49876ED7-1D5E-469F-843E-7A70657A8F87 Docusign Envelope ID: 66A08456-FCDC-4DCB-98C3-509F9AC0506F Docusign Envelope ID: 545C5317-E074-44DF-8F22-DD5C443708EE

Reviewed by:

Ashley Cameron Branch Chief

Melissa DiTomaso Contracts Director

7/9/2024

Kathleen Barksdale Assistant Regional Counsel

Jim Ghiloni Deputy Client Executive/Competition Advocate

10. Approval Official Determination:

I determine that the circumstance in FAR subsection 16.505(b)(2)(i)(A), the agency need for the supplies or services is so urgent that providing fair opportunity would result in unacceptable delays, applies to this order.

Joseph Nickerson Client Executive/HCA GSA, FAS, AAS Army