KP 031755 JOFOC KP _FE_Redacted.pdf

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Justification for Other than Full and Open Competition (JOFOC) In Accordance with Federal Acquisition (FAR) Part 6

1. Contracting activity

This Justification for Other than Full and Open Competition supports a procurement action to be conducted under the authority of Federal Acquisition Regulation (FAR) Part 6.302. The procurement action is generated by the Office of Personnel Management (OPM), Office of Procurement Operations (OPO) on behalf of Human Resources Solutions (HRS), Center for Leadership Development (CLD) and the USALearning® Program.

2. Nature and Description of the action being approved

The mission of USALearning® is to provide a full spectrum of academic, technical, organizational development, and online training services to Federal agencies, DoD, and State and local Governments. The current contract OPM2615D0001 provides the HRS/CLD/USAL Program the required flexibility to support pilots, demonstrations and rapid developments in support of Presidential and OPM Director Initiatives. Currently HRS/CLD/USAL has over 100 interagency agreements (IAA) across the federal government under this contract, including Learning Management Systems (LMS) in over 60 agencies which is the key element in their learning and performance ecosystem infrastructures. These LMS systems provide online and resident courses with over 3,000,000 course completions per year that include mandatory skills, and leadership, IT and cybersecurity, ethics and other federal requirements for Federal, State and local workforces across the country, as well as Department of Defense activities both CONUS and OCONUS.

There are significant and compelling reasons to proceed with this procurement at this time:

(1) To sustain a critical need for the continuity of services with a company that has demonstrated proficiency and responsiveness to the cybersecurity concerns and more stringent requirements for compliance at OPM.

(2) Due to COVID-19, to provide continuity of services and streamlined access to critical virtual training needs for all Federal, State and local governmental agencies.

(3) To support new and emerging technologies that benefit OPM and the Federal Government.

(4) To continue providing flexible a la carte services to the Government-wide enterprise that is more cost effective than other commercial licensing and pricing from software vendors. This will result in significant cost savings to the Federal Government.

(5) This vehicle will continue to support over sixty (60) Federal agencies with Learning Management systems, Communities of Practice, Interactive and immersive training solutions, customized site designs, document repositories, gaming and simulation, hosting and help-desk services.

(6) In May 2019, HRS/CLD/USAL was designated via MOA between DoD and OPM as the primary source for all DoD training, to include civilian and military. This effort has been successful in providing DoD with cost savings and faster assisted acquisitions, thereby enabling DoD personnel to focus on their mission.

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(7) Protect the enormous investment in time made by HRS, the USAL Program Office and the incumbent vendor to ensure Cybersecurity, FedRAMP and Federal Information Systems Management Act (FISMA) compliance. This time investment spans more than 8 years, with a financial investment of over $5,000,000 in revolving fund assets.

The current contractor, PowerTrain, Inc. (PowerTrain), is providing services through a competitively awarded Indefinite Delivery Indefinite Quantity (IDIQ) contract with a one-year base ordering period and four one-year optional ordering periods which expires on August 27, 2020. The total ceiling amount is $640,000,000.00. Of that ceiling amount, the total awarded amount on June 26, 2020 is $275,891,126.22, with a remaining ceiling balance of $364,108,873.78. A bridge contract not to exceed twelve (12) months is required to continue critical support services with the current vendor PowerTrain. The information below shall support this justification.

3. Description of the supplies and services required to meet the agency’s need

The contractor shall continue under the established scope with Learning Management Systems (LMS) and Learning Content Management Systems (LCMS) implementation, Course Development and content library support, Hosting, helpdesk, technical training and support, online assessment and other associated services. These efforts are within scope of the established competitively awarded IDIQ OPM2615D0001 to PowerTrain, Specifically, this JOFOC does not contemplate any substantive additions and/or revisions to the competitively awarded IDIQ scope of work.

4. Statutory Authority permitting Other than Full and Open Competition

41 U.S.C. 253(c) (1), 6.302-2 Unusual and compelling urgency.

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

As part of OPM, the HRS/CLD/USAL program exists to deliver technical and training support services to Federal agencies. The current contract with PowerTrain, providing services through a competitively awarded Indefinite Delivery Indefinite Quantity (IDIQ) expires on August 27, 2020.

OPM entered into an interagency agreement with GSA’s Federal Systems Integration and Management Center (FEDSIM) on June 17, 2019 and signed a funding agreement to cover FEDSIM support services on August 23, 2019. The period of performance initiated on 9/25/2019 through 09/24/2020 whereas FEDSIM agreed to provide support in developing an acquisition strategy and assistance to execute the procurement, award, and transfer of a new Learning Management Systems (LMS) and Learning Content Management Systems (LCMS) competitively awarded contract back to OPM OPO for management and administration support of the HRS/CLD/USAL program. GSA FEDSIM continually delayed the start of any acquisition planning phase and had made no formal progress towards supporting HRS/CLD/USAL to execute a replacement contract award. On June 24, 2020, OPM cancelled the interagency agreement with GSA FEDSIM for not meeting the requirements of the agreement.

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Based on the cancellation of its interagency agreement with GSA FEDSIM, OPM is pursuing its own and separate acquisition strategy to solicit and issue a competitive acquisition with expected award in FY2021. It is essential to allow for a period of transition due to technical complexities and security requirements and based on the inaction by FEDSIM it is impossible for OPM to meet proper acquisition milestones at this time. Therefore, based on the information contained herein, this JOFOC seeks to justify a sole source bridge contract, with a ceiling amount of $250,000,000 not to exceed a twelve (12) month ordering period that expires on August 27, 2021 to allow for critical governmentwide support services to continue until the new competitive requirement is awarded in FY2021. IDIQ OPM2615D0001 awarded to PowerTrain is currently in Option Period four (4) and expires August 27, 2020.

6. 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 required by Subpart 5.2 and, if not, which exception under 5.202 applies

It is not practicable to request offers from potential sources for only a short-term contract that is designed to bridge the gap between the existing contract and the period of time needed to compete a new contract.

To ensure successful competition for the new contract, OPM has issued a Special Notice on beta.sam.gov which will serve as the primary portal for all communications with vendors during the acquisition planning phase, to include any Requests For Information, Sources Sought Notices (SSN), or industry days that may be planned. The notice can be found at https://beta.sam.gov/opp/195da90a57a3454e91f4087e260db43e/view?keywords=USAL-ETPS&sort=-relevance&index=opp&is_active=true&page=1. OPM intends to complete market research and issue a solicitation and award in FY 2021.

7. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable

The Contracting Officer has determined that the anticipated cost or price to the Government for this contract action will be fair and reasonable by completing a price analysis in accordance with FAR 15.404-1(b) when the vendor’s proposal is received. As part of this determination, certified cost or pricing data will not be required as FAR 15.403 provides an exception to this requirement for commercial items.

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

Due to the unusual and compelling urgency of this requirement, market research was not conducted.

Thorough market research will be conducted for the competitive award that will be made in FY2021.

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

N/A

10. Statement of actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made

OPM is in the process of updating requirements to issue a solicitation for the HRS/CLD/USALearning requirements, as referenced within this JOFOC, and anticipates issuing a competitive solicitation and award to be completed in FY 2021. A notice of the proposed contracting action as represented within this justification document will be made in accordance with FAR Subpart 5.2.

11. A listing of sources, if any, that expressed interest in the acquisition

As of August 4, 2020, the following two (2) companies expressed interest in the USALearning program acquisition:

General Dynamics Information Technology (GDIT) AP Ventures

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12. Certifications

I hereby certify all technical information that forms the basis for this Justification is complete and accurate to the best of my knowledge and belief in accordance with FAR 6.302-2(c).

In accordance with FAR 6.302-2(c), I hereby certify that the justification herein is complete and accurate to the best of the contracting officer’s knowledge and belief.

Approval: