FINAL_JEFO_-_NRC-HQ-11-C-33-0060_NRC-HQ-10-15-T-0001.pdf

U.S. Nuclear Regulatory Commission Justification for an Exception to Fair Opportunity

Requisition No. OCIO-18-0343

1. Identification of the agency and the contracting activity, and specific identification of the document as a “Justification for an Exception to Fair Opportunity”:

This is a Justification for an Exception to Fair Opportunity under a U.S. Nuclear Regulatory Commission (NRC) multiple award contract program for continuation of Microsoft SharePoint operations, maintenance and support services while NRC competes and transitions this work from Maintenance, Operation, and Modernization Support of U.S.

Nuclear Regulatory Commission Application Systems and Environment (“MOM”) FA2 to the NRC’s Global Infrastructure and Development Acquisition (“GLINDA”) multiple award acquisition in FY19.

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

The action to be approved is a noncompetitive modification to Leidos Innovations Corporations (“Leidos”) Maintenance, Operation, and Modernization Support of U.S. Nuclear Regulatory Commission Application Systems and Environment (“MOM”) FA2 Contract No.

NRC-HQ-11-C-33-0060 Task Order No. NRC-HQ-10-15-T-0001 to add an additional option year for the period of 9/26/2018 through 9/25/2019.

3. A description of the supplies or services required to meet the agency’s needs

(including the estimated value):

Background

The Contractor provides operation and maintenance (O&M), and other support activities, including Project and Asset Management, End User Support for Microsoft SharePoint, General Maintenance and Operations Support for Microsoft SharePoint.

In early FY2017, the Office of the Chief Information Officer (OCIO) made a decision to deploy a cloud solution for our Microsoft® environment, which included upgrading the current SharePoint 2010 to SharePoint Online (O365).

Current Requirement:

The NRC now requires a modification to this task order to allow the Contractor to support activities associated with upgrading SharePoint 2010 to SharePoint Online (O365) cloud, including anticipated O365 cloud development work in FY19 for other NRC offices (e.g., redesign workflows, develop a solution for cloud reporting for EDO, RES, etc.); O&M support services; and transition costs from the MOM FA2 contractor to the new GLINDA contractor (if applicable for an estimated 3 months) in FY2019. This will include the following tasks/activities:

1. Preparation and Planning Activities

2. Migration Activities

3. Verification – Post Migration

4. Maintenance upgrade, stabilization, and support for Microsoft SharePoint platforms currently deployed or being considered for deployment in the NRC environment. These systems can either be in the production, test, or development environments.

The estimated value of this action is $2,665,098.

4. Identification of the exception to fair opportunity (see 16.505(b)(2)) and the supporting rationale, including a demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the exception cited. If the contracting officer uses the logical follow-on exception, the rationale shall describe why the relationship between the initial order and the follow-on is logical (e.g., in terms of scope, period of performance, or value):

Exception that applies: FAR 16.505(b)(2)(i)(C). The modification to add the option year is a logical follow-on because the task order was competed among all MOM FA2 awardees.

Even if the other MOM FA2 awardee, CGI Federal, Inc., could potentially become proficient in supporting SharePoint, it is also impractical to do so given the future NRC acquisition plan to support the SharePoint requirements. The NRC intends to compete future SharePoint support requirements under NRC’s Global Infrastructure and Development Acquisition (GLINDA) multiple award blanket purchase agreement awardees by mid FY 2019 and will transition this work from this task order to a potential new awardee in FY 2019. Therefore, it makes little sense for NRC to spend time and significant resources to become sufficiently proficient to support SharePoint for a brief period (early to mid FY 2019) only to have to re-compete for that work under GLINDA. This proposed action will ensure the continued operational stability of SharePoint and a smooth transition from Leidos to the new GLINDA awardee.

5. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer (CO) will perform price analysis and only award a modification after determining that the price to the Government is fair and reasonable.

6. Any other facts supporting the justification: None

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:

The Acquisition Management Division (AMD) will continue to closely scrutinize any subsequent requests for acquisition of similar services and will ensure that any restrictions to competition are adequately supported and documented. The Contracting Officer will also post this justification in accordance with FAR 16.505(b).

https://acquisition.gov/far/current/html/Subpart%2016_5.html#wp1095799

James C. Corbett

8. Evidence that any supporting data that is the responsibility of technical or requirements personnel (e.g., verifying the Government’s minimum needs or requirements or other rationale for an exception to fair opportunity) and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel.

The signature below represents the Contracting Officer Representative’s (COR) certification that the Government’s minimum needs or requirements or other rationale for an exception to fair opportunity) and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel.

James Baughman

Digitally signed by James Baughman Date: 2018.09.18 11:21:53

-0_4_'00_'

James B. Baughman Date

9. The contracting officer’s certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief.

The signature below represents contracting officer’s (CO) certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief.

Digitally signed by Heriberto

Heriberto Colon Heriberto Colón, Jr.

Concurrence:

Colon

D_a_te_: 2018.09.18 14:39:50 -04'00'

Digitally signed by Joseph L.

Joseph L. Widdup Widdup

Date: 2018.09.19 13:17:20 -04'00' Joseph L. Widdup, Branch Chief

COMPETITIVO ADVOCATE APPROVAL:

10. A written determination by the approving official that one of the circumstances in

(b)(2)(i)(A) through (E) of this section applies to the order.

Competition Advocate signature below constitutes determination by the approving official that FAR 16.505(b)(2)(i)(C) applies to this modification.

Digitally signed by James C.

Corbett

Date: 2018.09.20 15:33:36 -04'00' James Corbett