NITAAC_USPTO_Redacted.pdf

Justification for an Exception to Fair Opportunity

"Source Selection Infonnation- see FAR 2.101 and 3.104" Title

1. Identification of the agency and contracting activity:

• Federal Agency and contracting activity

Agency: Department of Health and Human Se1vices (HHS)/ National Institutes of Health (NIH) Contracting Activity: Erin Flynn Pacifico, Contracting Officer National Institute of Health/ NIH Infonnation Technology Acquisition and Assessment Center

(NITAAC)

Bethesda, MD 20892-7511 Phone: 301-451-0212

• Sponsoring organization

United States Patent and Trademark Office (USPTO) 600 Dulany Street Alexandria VA 22314

• Contracting Officer's Representative (COR) Information

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

• Acquisition purpose and objectives.

In Janua1y 2022, the NITAAC contracting office awarded task order 75N98122F00001 under the General Dynamics hlf01mation Technology (GDIT) NITAAC CIO-SP3 GWAC HHSN316201200023W for ente1prise network infrastrncture support se1vices (ENISS). The ENISS task order provides contracted se1vices to develop and maintain an optimal portfolio of state-of the-art, high value IT solutions in a timely and cost-effective manner that promotes innovation and productivity across USPTO. This Justification for an Exception to Fair Opportunity (JEFO) is for an increased level of effo1t within the existing scope of work. This work requires an increased level of effo1t for specific tasks, with additional labor hours utilized from within the pool of existing labor categories under the cmTent ENISS task order.

The perfonnance of the ENISS task order is cmTently in the Option Pe1iod 3 (Januaiy 31, 2025 - Jaimaiy 30, 2026). Among other tasks, General Dynamics hlfo1mation Technology (GDIT) cmTently provides security and network infrastrncture engineedng, suppo1t for the USPTO Ente1prise Management System, general O&M suppo1t, and suppo1t for the USPTO public ente1prise wireless network (PEWLAN) under the ENISS task order.

The USPTO Office of the Chief h1fonnation Officer (OCIO) requires a contractor to suppo1t the following work. Items 1-4 below reflect Option Period (OP) 4 suppo1t areas the USPTO Office of the Chief Infonnation Officer (OCIO) wishes to increase. The increase is required to ensure that more of the existing time and material (T &M) support responsibilities can be provided in a concmTent and more rapid time frame, to meet FY26 OCIO Agency resiliency and Cloud goals.

“Source Selection Information – see FAR 2.101 and 3.104” Title

1.) Increased 2026 support on Task 9.1 OCIO hardware replacement goals.

2.) Increased 2026 support on Task 9.4 to support OCIO VPN/SASE/ZT endpoint policy control goals.

3.) Increased 2026 support on Task 9.5 to support OCIO Axway/EAIS goals to upgrade and expand the EAIS capacity.

4.) Increased 2026 support on Task 9.10 to support OCIO PKI cloud CA migration goals.

The period of performance for each of the option years on the task order are as follows. This proposed JEFO is for an increase in the ceiling of specific T&M tasks, as stated above, for Option Period 4:

Option Period 1: (January 31, 2023 – January 30, 2024) Option Period 2: (January 31, 2024 – January 30, 2025) Option Period 3: (January 31, 2025 – January 30, 2026) Option Period 4: (January 31, 2026 – January 30, 2027)

Project background

1) Increase level of effort support under Task 9.1 to support Network and PTOnet5 OCIO goals: USPTO OCIO has accelerated FY26 goals to replace Datacenter and Building access network hardware. The current USPTO network infrastructure is end-of-life and USPTO is in the process of procuring new switch and router models. As hardware arrives in FY26 Q2, the ENISS contractor will not only continue to provide O/M support but be asked to rapidly install PTOnet5 hardware which will include pre-configuration and pre-production system validation testing as stated in the PWS.

These services are severable, and were traditionally running within the ceiling of work and are repetitive. However, USPTO CIO has instituted a requirement for rapid deployment from the current end of life (EoL) hardware to the replacement hardware by the end of the OP4 contract.

This requires a significant increase in staffing to meet this deadline. While the work in the PWS remains the same, to meet this accelerated agency goals, the level of effort for the affected 9.1 tasking areas must increase. Under the nature of the acquisition proposed contract unique qualifications, the justification is that competing this additional effort would be a duplication of effort between two contractors as the work is the same, just larger in magnitude.

2) Increased level of effort support under Task 9.4 to support VPN/SASE/ZT remote access OCIO: USPTO OCIO has accelerated FY26 goals to replace on-prem Policy enforcement points (PEP) with the newly deployed Cloud based remote access solution, Netskope. Now that USPTO remote staff have been migrated to the Netskope cloud tenant solution, USPTO OCIO has a requirement to rapidly configure and deploy the Netskope Secure Access Service Edge (SASE) cloud-based infrastructure as the on-prem PEP for user internet traffic by enabling the SASE secure web gateway (SWG) security policies. This existing PWS work will be in addition to the O/M work already performed in PWS Task 9.4

These services are severable, and were traditionally running within the ceiling of work and are repetitive. However, USPTO CIO has instituted a requirement for rapid deployment of the SASE SWG functions by the end of the OP4 contract. This requires a significant increase in staffing to meet this deadline. While the work in the PWS remains the same, to meet this accelerated agency goal, the level of effort for the affected 9.4 tasking area must increase.

3) Increased level of effort support on Task 9.5 to support Axway/EASI OCIO cloud goals:

USPTO OCIO has accelerated FY26 goals to upgrade and expand the Enterprise Access

Infrastructure System (EAIS) infrastructure offering. In support of FY26 cloud migration goals, USPTO has a support requirement to develop and deploy EAIS Axway servers in AWS to offer a hybrid multi-cloud architecture solution.

These services are severable, and were traditionally running within the ceiling of work and are repetitive. However, USPTO CIO has instituted a requirement for rapid deployment of the EAIS hybrid cloud environment by the end of the OP4 contract. This requires a significant increase in staffing to meet this deadline. While the work in the PWS remains the same, to meet the accelerated agency goals, the level of effort for the affected 9.5 tasking areas must increase.

4) Increased level of effort on Task 9.10 to support PKI OCIO goals to upgrade and automate USPTO central key escrow functions and migrate PKI edge server to the cloud:

USPTO OCIO has accelerated FY26 public key infrastructure (PKI) automation and cloud goals which require additional support resources to integrate with the GSAccess PIV card system and work with the USPTO Physical security enterprise physical access control (ePACS) team to integrate the USAccess session initiation protocol (SIP) interface with the new CCURE system.

These services are severable, and were traditionally running within the ceiling of work and are repetitive. However, USPTO CIO has accelerated the need for rapid automation of the USPTO central key escrow functions and cloud migration of PKI edge servers by the end of the OP4 contract. This requires an increase in the current staffing to meet this deadline. While the work in the PWS remains the same, to meet this accelerated agency goal, the level of effort for the affected

9.10 tasking area must increase.

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

Project title.

CIO-SP3 – USPTO Enterprise Network Infrastructure Support Services (ENISS) Support Task Order – increased level of effort for select tasks under Option Period 4

Project description.

This OP4 requirement is to increase the staffing level in support of tasks: 9.1, 9.4, 9.5, and 9.10 to the ENISS task order 75N98122F00001, under contract HHSN316201200023W with GDIT.

The task order under CIO-SP3, has a base year, and four one-year option periods. The task order is currently in OP3 (January 31, 2025 – January 30, 2026).

The overall period of performance remains the same from January 31, 2022, to January 30, 2027, including all options. The period of performance for each of the affected OP4 task areas are as follows:

Task Period of Performance Task 9.1 SNIE Cloud and PTOnet5 support

OP 4 (January 31, 2026 – January 30, 2027)

Task 9.4 VPN/SASE support

OP 4 (January 31, 2026 – January 30, 2027)

Task 9.5 EAIS support OP 4 (January 31, 2026 – January 30, 2027)

Task 9.10 PKI support OP 4 (January 31, 2026 – January 30, 2027)

Task order 75N98122F00001 contains predominately Time and Materials (T&M) tasks and one firm fixed price (FFP) task for project management and reporting. All affected tasks are T&M. The task order shall continue to utilize both FFP and T&M, which is in alignment with the current structure of work as defined in the task order.

Provide the following information:

i. Requirement type:

Support services (non-research & development)

Supplies/Services Information technology (IT) or Electronic and Information Technology Construction

Architect-engineer (A-E) Services

Design-Build

Research & Development (R&D) R&D Support Services

Other (specify):

ii. Type of action:

New requirement Follow-on Other (specify): level of effort increase modification

iii. Proposed contract/order type

Firm-Fixed Price (FFP)

Other Firm-Fixed-Price (Specify, e.g., fixed-price award-fee, fixed-price incentive-fee):

Cost-plus-fixed fee

Other cost reimbursement (Specify, e.g., cost-plus-award-fee, cost-plus-incentive-fee Time and Materials (T&M)

Labor Hours (LH)

Indefinite Delivery (Specify whether indefinite quantity, definite quantity, or requirements)

iv. Acquisition identification number: HHSN316201200023W/75N98122F0000

Total estimated dollarvalue

The total Independent Government Cost Estimate (IGCE), based on the increased level of effort for the ENISS task order, is an increase of from to . The attached IGCE provides the breakdown for tasks 9.1, 9.4, 9.5 and 9.10.

“Source Selection Information – see FAR 2.101 and 3.104” Title General Dynamics Information Technology (GDIT) is currently performing under the ENISS task order in the areas of security and network infrastructure engineering (Task 9.1), VPN support (Task 9.4), EAIS support (Task 9.5), and PKI support (9.10). The additional work required is for increased staffing to meet accelerated agency goals related to modernizing the USPTO's network, security, and cloud environments by the end of the task order (i.e. OP4).

The justification for th is centered on avoiding the inefficiencies and risks associated with introducing a second contractor for the same operational tasks in the last and final option period. The key points are:

Avoiding Duplication of Effort: The work is identical in nature to the ongoing operations and maintenance (O/M) and engineering support already being performed by the contractor, just greater in magnitude. Competing the work associated with the additional level of effort would result in a duplication of effort between the current task order and a new task order, as the work under the PWS would be the same. A duplicative task order for the increased level of effort described in this JEFO would result in conflicts within the system. The risk of conflict because of a duplication of effort will cause delay and potential error in completing the work discussed in this

JEFO.

Leveraging Existing Expertise and Knowledge: The current contractor possesses established relationships and in-depth knowledge of the USPTO's specific, complex, and intricate network environments, including the PTONet, TRINet, and various cloud platforms (AWS, Azure, GCP).

Continuity and Reduced Risk: Utilizing the contractor ensures seamless continuity of operations and minimizes the risk of service disruption during rapid and critical infrastructure upgrades and migrations.

Cost-Effectiveness (Learning Curve): The contractor has already climbed the learning curve for the specific tools and processes used at the USPTO (e.g., Netskope, Axway, Cisco, Juniper, F5, Palo Alto, QRadar, Infoblox, etc.). A new contractor would require time and resources to develop this expertise, potentially leading to delays and increased costs. Delays due to knowledge transfer, badging and access, could be as much as 90 days, resulting in disruption that could lead to not meeting the USPTO OCIO FY26 Hybrid Cloud Acceleration goals, security enhancements goals, and datacenter cost savings goals. The consequences of not meeting OCIO goals are increased datacenter leasing costs in FY27 and continued Patent and Trademark system operating and on-prem infrastructure costs. These costs would be incurred by not having the ability to support Patent and Trademark applications with a cloud native solution with movement to the USPTO private clouds.

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

All tasks under the JEFO are time and materials (T&M) and will use the labor categories and fixed loaded hourly rates that are already on the task order. No new labor categories will be added to the task order. The level of effort will be established based on the government’s estimate. Based on the information presented in this document, there is no indication that the price will not be fair and reasonable to the government. A final determination will be conducted prior to the award of the modification. A modification will only be awarded if it is shown that the quoted price to the government is fair and reasonable.

6. Any other facts supporting the justification.

The USPTO requires an increased level of effort in tasks 9.1, 9.4, 9.5 and 9.10 to meet accelerated agency goals for full deployment of PTOne5 hardware, configuration and deployment of the Netskope SASE cloud-based infrastructure, deployment of the EAIS Axway servers, and integration with the GSAccess Personal Identify Verification card system and physical security CCURE system.

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.

It is anticipated that the follow-on to this task order will be competed and the historical level of effort will be taken into consideration when developing the IGCE for the follow-on procurement.

The historical level of effort will help ensure the full breadth of the work under tasks 9.1, 9.4,

9.5 and 9.10 is included in the follow-on procurement.