P00138 DTS-P II Bridge JA_Redacated for posting.pdf
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- Solicitation number
- HC101909D2000P00138
- Issued by
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Defense Information Systems Agency
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JUSTIFICATION FOR OTHER THAN FULL AND
OPEN COMPETITION (OTFAOC)
Federal Acquisition Regulation (FAR) Part 6 Justification & Approval (J&A), Supporting Procurements under FAR Part 12 and FAR Part 15
Purchase Request Number: Not Applicable (N/A) Contract Number: HC1019-09-D-2000 Task/Delivery Order Number: N/A Procurement Title: Defense Information Systems Network (DISN) Transmission Services
- Pacific II (DTS-P II Bridge Contract) Estimated Value: (estimated obligation amount during extension period); Remaining not to exceed contract ceiling: of $2.5B existing ceiling Statutory Authority: FAR 6.302-1
JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION
Justification for OTFAOC Number: JA21-070
Upon the basis of the following justification, I, as Senior Procurement Executive, hereby approve the use of other than full and open competition of the proposed contractual action pursuant to the authority of 10 U.S.C. §2304(c)(1).
1. REQUIRING AGENCY AND CONTRACTING OFFICE:
Requiring Agency:
Defense Information Systems Agency (DISA)/Infrastructure Executive (IE) Command Building 6910 Cooper Avenue Ft. Meade, MD 20755-7088
Contracting Activity:
Defense Information Technology Contracting Organization-Pacific (DITCO-PAC/PL71) 477 Essex Street, Building 77, Room 135 Pearl Harbor, HI 96860-9815
2. NATURE/DESCRIPTION OF ACTION(S):
The nature of this action is to issue a second bridge contract with a two (2) year period of performance, from 6 March 2022 through 5 March 2024, for the Defense Information Systems Network (DISN) Transmission Services – Pacific (DTS-P II) Contract HC1019-09-D-2000 until all telecommunication service requirements can be transitioned to the follow-on contract.
Continuation of telecommunication services provided by the DTS-P II contract for all DoD Military Departments (MILDEP) and Defense Agencies (DAFA), and other Federal Departments located in the Expanded Pacific Region is considered mission critical. The current DTS-P II contract is in its first three (3)-year bridge period that expires 5 March 2022.
DISN Transmission Services – Pacific II (DTS-P II) Contract HC1019-09-D-2000-JA21-070
Page 2 of 6 Pages
The contract extension will not require an increase to the contract ceiling of $2.5B. The DTS-P II lifecycle value awarded as of 5 April 2021 is , which leaves a remaining ceiling capacity of .
Firm-fixed price orders are individually funded by DISA and mission partner Program Designator Codes (PDCs) utilizing the Defense Working Capital Fund.
3. DESCRIPTION OF SUPPLIES/SERVICES:
Continuity of mission critical transmission services is required to support all DoD MILDEPs and DAFAs and other Federal Departments.
The DTS-P II contract acquires mission critical bandwidth to support assured information transmission requirements of the DoD MILDEPs and DAFAs, and other Federal Departments.
Currently firm-fixed price (FFP) orders provide dedicated end-to-end telecommunications circuit leases from various Service Delivery Points (SDPs) in the world to other SDPs within the Expanded Pacific Region. The Expanded Pacific Region includes U.S.
Pacific Command (PACOM), U.S. Northern Command (NORTHCOM), U.S. Southern Command (SOUTHCOM), and U.S. Central Command (CENTCOM).
The DISN supports multimedia services with sufficient capacity to enable high-quality, secure, and rapid voice, data, video, and imagery transfer with seamless interoperability at both the lowest tactical and highest strategic levels which ensure the warfighter gains information dominance over the battlefield.
The DTS-P II contract is an Indefinite Delivery/Indefinite Quantity (IDIQ), Firm-Fixed-Priced (FFP) order-based contract that was awarded utilizing full and open competition procedures on 6 March 2009 to Verizon Business Network Services Inc. (Verizon). An initial bridge contract for a base period of performance (PoP) of three (3) years from 6 March 2019 through 5 March 2022 was awarded on 1 March 2019 as a sole source to Verizon. This second bridge will be for a base PoP of two (2) years from 6 March 2022 through 5 March 2024 with the option to extend for up to an additional six (6) months under FAR 52.217-8, Option to Extend Services. Under the bridge, the contractor will continue to provide telecommunication services utilizing the existing Performance Work Statement (PWS) for active orders and any new point-to-point circuits within scope of the DTS-P II contract until all services have been successfully transitioned to the follow-on competitively solicited contract which is currently in source selection. The list of transition circuits is a living document that changes daily based on orders issued, modified, and discontinued.
The minimum anticipated obligation under the bridge action is approximately . This obligation estimate is based on the current services that are being provided under the DTS-P II contract. The current monthly recurring costs for the DTS-P II contract are approximately
. The available contract ceiling is more than sufficient to allow for award of new
Page 4 of 6 Pages follow-on contract is in place. The current DTS-P II contractor is the only source capable of ensuring continuous, uninterrupted service currently provided by the contract.
(3) Discussion regarding cause of the sole source situation: Competition of the bridge is not feasible due to the fact that the Government requires services to continue after 5 March 2022. The competitive follow-on solicitation was released on 22 February 2020 and closed on 9 November 2020. Evaluation is ongoing; however, a comparison between the award/transition timeline and the DTS-P II contract expiration reveals a significant gap in contract coverage. The acquisition delays have largely been due to the following circumstances:
COVID-19 significantly impacted proposal development, due to per country, camp/post/station restrictions, resulting in a six (6)-month solicitation extension.
The technical evaluation has taken longer than anticipated, particularly due to the tedious review necessary to meet diversity requirements.
Additional delays are highly likely due to ongoing COVID-19 restrictions throughout the Indo-Pacific Theater which are anticipated to delay circuit transitions after award of the follow-on contract.
(4) Procurement Discussion: The current single-award indefinite delivery/indefinite quantity (ID/IQ) contract with FFP line items is successfully meeting the Government’s needs. The Government issued the competitive follow-on solicitation
no. HC1019-20-R-0001, Indo-Pacific Transport Services (IPTS) and award is expected prior to the expiration of the current DTS-P II contract. The follow-on contract is targeted for award in Fiscal Year (FY) 2022. It is anticipated that a transition period of months may be required due to the number of circuits that need to be transitioned, the complexity of some circuit implementations, the unknown future impacts of COVID-19, and the Government resources required to install and implement the circuits.
Additional transition delays due to COVID-19 are not factored into the months.
(5) Impact: Failure to extend the period of performance for two (2) years with the incumbent contractor would result in an unacceptable gap in essential services for critical DoD communication needs and result unequivocally in detrimental harm to completion of DoD missions, warfighter deployment, and possible loss of life. The DTS-P II contract will continue to be used for new mission critical circuit requirements until the effective date of the follow-on contract.
Page 5 of 6 Pages
6. GOVERNMENT-WIDE POINT OF ENTRY (GPE) ANNOUNCEMENT/POTENTIAL
SOURCES: The purpose of this bridge contract action is to allow sufficient time to competitively award the follow-on effort and transition circuits to the new vehicle with no disruption to current service. Information gained from a request for information or sources sought is unnecessary at this point in the acquisition life-cycle. In accordance with DISA Acquisition Regulation Supplement (DARS) 206.302-1(d)(S-90), the Head of the Contracting Activity (HCA) has waived the requirement to issue a Request for Information (RFI) or Sources Sought (SS) notice as a market research method for bridge contract actions.
7. DETERMINATION OF FAIR AND REASONABLE COST: During the 2009 source selection of the DTS-P II contract HC1019-09-D-2000, a cost/price evaluation was conducted in accordance with FAR 15.404. The contract prices were determined to be reasonable. In addition, a post award peer review was conducted by Defense Procurement and Acquisition Policy in January 2013 prior to the exercise of the 1st option period where DISA/PSD received concurrence to exercise all future option periods. The incumbent contractor’s proposed FFP for the first bridge extension were determined fair and reasonable and were evaluated in accordance with FAR 15.404. The incumbent contractor’s proposed FFP for this contract extension will be evaluated in accordance with FAR 15.404 to ensure that the prices of the bridge are reasonable and consistent with current fiscal year (FY) 2021 contract year prices. The bridge contract costs will be negotiated, as necessary, to achieve a fair and reasonable cost.
8. MARKET RESEARCH: A market survey was not conducted relative to the DTS-P II bridge contract because there is not sufficient time remaining on the contract for any other vendor, other than the incumbent, to perform the required services associated with the DISN in the Expanded Pacific Region on 6 March 2022 and ensure successful transition to the follow-on contract. A redacted copy of the J&A will be posted on sam.gov.
9. ANY OTHER SUPPORTING FACTS: The contract bridge will provide continuity of existing and new within scope services until all services are successfully transitioned to the competitively solicited and awarded follow-on contract.
10. LISTING OF INTERESTED SOURCES: The Government does not reasonably expect any other sources to be capable of performing the service under the bridge action required to commence on 6 March 2022.
11. ACTIONS THE AGENCY MAY TAKE TO REMOVE OR OVERCOME BARRIERS
THAT LED TO THE EXCEPTION TO FULL AND OPEN COMPETITION: A full and open competition under solicitation no. HC1019-20-R-0001 is being conducted for the follow-on contract replacing DTS-P II.
12. REFERENCE TO THE APPROVED ACQUISITION PLAN (AP): No revisions are required. The bridge contract will provide all contract requirements currently provided under the DTS-P II contract. As a result, a revised acquisition plan is not required at this time.
DISN Transmission Services- Pacific II (DTS-P 11) Contract HCl0I 9-09-D-2000-JA21-070
TECHNICAL CERTIFICATION: I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief.
NAME: YOVONNE D. STEWART SIGNATURE:
t
TITLE/ORGANIZATION: Project Manager, IE161 Capacity Management Section
PHONE: 301-225-2921 DATE:
REQUIREMENTS CERTIFICATION: I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief.
NAME: CHRISTOPHER A. PACZKOWSKI SIGNATURE:
TITLE/ORGANIZATION: Infrastructure Executive, IE
PHONE: 301-225-2000 DATE:
CONTRACTING OFFICER CERTIFICATION: I certify that this justification is accurate and complete to the best of my knowledge and belief.
NAME: MARLA C. FERRER
SIGNATURE··
TITLE/ORGANIZATION: Contracting Officer, DITCO-PAC/PL71
PHONE: 808-786-9347 DATE: 08 JUL 2021
SENIOR PROCUREMENT EXECUTIVE APPROVAL: I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief. Since this justification for OTFAOC exceeds $100M, this review serves as approval.
NAME: GARRETT S. YEE SIGNATURE:
TITLE/ORGANIZATION: Senior Procurement Executive
DATE:
ALL QUESTIONS REGARDING THIS JUSTIFICATION ARE TO BE REFERRED TO
MARLA FERRER, MARLA.C.FERRER.CIV@MAIL.MIL OR 808-786-9347.
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