Microsoft Premiere Support 2020 JFOC FINAL FBO.pdf

Justification for Other than Full and Open Competition

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by FAR Subpart 6.3 and in accordance with the requirements of FAR 6.303-1, the use of the statutory contracting authority under FAR Subpart 6.3 is justified by the following facts and rationale as follows:

(1) Agency and Contracting Activity - The Federal Maritime Commission, Office of Information Technology, proposes to enter into a contract on a basis of other than full and open competition.

(2) Nature and/or description of the action being approved - The Federal Maritime Commission has a requirement on a sole source basis to contract with Microsoft Premier Support Services for the provision of critical IT application development.

(3) Description of Supplies/Services – The FMC’s Office of Information Technology (OIT) is responsible for the modernization of critical legacy line-of-business IT applications.

These services enable the FMC to deliver secure, enterprise-level and service-enabled applications that share mission-critical information across the organization. OIT previously contracted with Microsoft Premier Support Services in facilitating development of enterprise architecture and delivery of one modernized application as a proof of concept for the transition to an on-premise/cloud hybrid platform solution in addition to preparing for future changes in a constantly evolving technology environment.

This proposed action will allow the FMC contractor to continue supporting the upgrading and modernization of legacy applications to include:

FMC18 – Develop a new public-facing online process to receive OTI license applications. This replacement will integrate internal and external OTI-related services and business processes and provide new technology for case management to support licensing transactions and fee payment processing for current OTIs and new applicants. FMC back office processes have not yet been fully automated and require manual entry, review, and manipulation of the data received from applicants.

Regulated Persons Index (RPI) Enterprise Data Store and Reporting System – Automate the current manual process of entering data from Form FMC-18 OTI Application

2 | P a g e into the RPI system, and provide a method for the Form FMC-18 OTI Application database to communicate with the RPI database. The RPI is a Commission database containing OTI license and bond information and status and is the primary source data used by the Bureau of Enforcement to perform annual compliance audits.

Automated Tariff Registration (Form-1) Application - Fully automate the FMC Automated Tariff Registration (Form FMC-1) application, business process, and review/approval process. The Automated Tariff Registration application facilitates the registration of tariff publication locations by vessel-operating ocean common carriers (VOCCs), NVOCCs, conferences, and marine terminal operators (MTOs).

FMC Electronic Bond (E-Bond) Application - Develop web front-end application and services to enable online filing of OTI surety bond information of OTIs.

Passenger Vessel Operator Filing System - Deploy an automated application, processing and reporting application for passenger vessel operator (PVO) financial responsibility certificates.

FMC-18 License Renewal Application - Develop a new OTI licensing and registration case management application that provides a fully integrated online, paperless interface to ease electronic processing and registration activities.

Form FMC-65 Foreign-based Unlicensed NVOCC Registration/Renewal System - Develop new Form FMC-65 application and registration case management application that provides a fully integrated online, paperless interface to ease electronic processing and registration activities of foreign registered NVOCCs.

Laserfiche / Electronic Reading Room/ Informal Dockets Library - Replace that portion of the FMC’s current online electronic reading room containing the activity logs of public filings and documents issued by the Commission or FMC Administrative Law Judges in FMC adjudicatory proceedings, rulemakings, etc.

with a new web-based information system that allows public filers the ability to file documents directly into the system and automatic posting to the appropriate docket/proceeding log for public viewing.

Total estimated dollar value and performance/delivery period

Base $610,705.00 Option Period I $610,705.00 Option Period II $611,541.00 Option Period III $611,201.00 Total $2,44,152.00

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(4) Identification of Statutory Authority Permitting Other Than Full and Open Competition The statutory authority permitting other than full and open competition is 10 USC 2304(c)(1) implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-1 entitled “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements”.

(5) Demonstration That the Nature of the Acquisition Require Use of the Authority Cited.

The Commission’s highest investment priority remains the ongoing development and deployment of the agency’s information systems. A comprehensive multiyear IT Capital Planning program, currently underway, will improve efficiency, reliability and effective delivery of customer service, as well as ensure cybersecurity readiness. When fully implemented, these investments will automate, streamline, and improve the Commission’s internal business processes; expand research and analysis capabilities;

provide better public access to FMC information; eliminate paper-based systems in favor of web-based, automated systems used by the shipping public to file license applications, carrier and MTO agreements, and commercially sensitive operational data necessary for FMC expert economist staff to conduct competition analysis.

In all, FMC has eight legacy systems which require full continuity of operations while undergoing the process of application modernization. These legacy systems require unique and specific expertise to support and maintain. The learning curve to understand the FMC applications and environment for new technical expertise are conservatively estimated by the OIT to extend the transition schedule to a new contractor by 90-180 days or more. Ramp-up time required to get new contractor staff up to speed to be able to understand and meet the required deliverables will force the schedules to be missed. In addition, the loss in unique technical expertise with FMC’s legacy systems will impact FMC's ability to maintain the development schedule proposed. This uniqueness also extends to understanding the interdependencies of these applications.

Modernization of the existing FMC-18 database includes incorporating several home grown applications into this application as workflows. These applications are outlined in section 3, above. Currently these applications are working in silo and are not able to share data or communicate with each other. There are also two processes that are currently manual and will need to be automated and fully integrated as part of a full version of

FMC-18.

To supplement the FMC’s small IT staff, the Commission has used IT contractor support to leverage an expansive and evolving knowledge base rather than maintain these specialized skill sets in-house. Through FY 2020, IT contractor support by Microsoft Premier Support Services has filled a critical need in the area of application development for the Commission’s line of business applications, allowing the FMC to acquire designated software support engineer services to assist the modernization of the FMC’s infrastructure, server platforms and in the development of web-based applications.

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Management’s emphasis upon internal development has strengthened the internal staff’s understanding of the mechanics of each application, ensured clear communication of need and timelines with the FMC’s system owner (program office), and afforded IT staff the capability to assist in the maintenance of various applications and troubleshooting of future issues. The development team’s support is seen by OIT as crucial while the Commission is transitioning to an on-premise/cloud hybrid platform solution.

The incumbent has the institutional knowledge of these applications. Not allowing the continuation of existing services with the incumbent will result in unacceptable delays, as contractors must be able to transition immediately into the support role, without delay.

(6) Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable. The intent to sole source to Microsoft Premier Services will be publicized in accordance with FAR 5.203.

(7) Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable. The contracting officer determines that the anticipated price(s) will be fair and reasonable based on prior acquisition history.

(8) Description of Market Research. OIT staff conducted significant internet research to identify contractors that could provide development and migration services of a nature and scope to meet OIT’s contractual needs and performance targets. Market research indicated that while other companies may provide similar services, they do not offer resolution support which is integral to combining eight applications into one single enterprise-wide application. The market research also validated for OIT the importance of understanding the interdependencies of these applications which are to be modernized, as those issues are critical to cost effectiveness and project timelines required to meet the FMC’s IT Strategic Plan.

(9) Any Other Facts Supporting the Use of Other Than Full and Open Competition.

The incumbent has the institutional knowledge and has provided application development consistent with the agency’s IT Capital Plan which included delivery of one modernized application as a proof of concept. If the work is not performed by the incumbent, a new contractor will have to gather information to reproduce a requirements document which could take approximately nine months to ramp up. OIT conservatively estimates that the added costs and loss of productive development time attributable to bringing a new IT contractor onboard would be nine months, and approximately $898,192.50, in addition to a delay of 90-180 days in development time.

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(10) A Listing of the Sources, if Any, that Expressed, in Writing, an Interest in the Acquisition.

None

(11) A Statement of the Actions, if Any, the Agency May Take to Remove or Overcome Any Barriers to Competition Before Any Subsequent Acquisition for Supplies or Services Required. Combining the eight applications into one system will be the conclusion of this project. Based on market research that identifies that other companies can provide similar services, future requirements for modernization efforts will be competitive.

(12) Contracting Officer’s Certification I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

(13) Technical/Requirements Personnel Certification I certify this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

Technical Representative

APPROVAL: