POD A06 JOFOC - EAS Bridge Contract 5-6-21.pdf

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United States Department of Agriculture Justification for Other than Full and Open Competition

Commercial Supplies/Services Exceeding $7.5 Million, and Non-Commercial Supplies/Services Exceeding the Simplified Acquisition Threshold

FAR 6.3

Control No. (if applicable) _____________________

1. Identification of the agency and the contracting activity.

United States Department of Agriculture, Departmental Administration, Office of Contracting and Procurement, Procurement Operations Division, 301 S. Howes Street, Suite 321, Fort Collins, CO 80521.

2. The nature and/or description of the action being approved.

The USDA proposes to enter into a contract on a basis other than full and open competition, and negotiate a sole source, labor-hour bridge contract with Ace Info Solutions, Inc. during protest resolution for a new contract award.

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

The United States Department of Agriculture (USDA), Office of Chief Information Officer (OCIO), Digital Infrastructure Service Center (DISC) has a need for continuing Enterprise Application Services (EAS) IT Support Services. The mission of EAS is to enable Government agencies to achieve their missions by providing innovative, cost effective, and secure information technology solutions on a cost reimbursable basis. This critical requirement is for contracted personnel to provide a full spectrum of professional services for developing, maintaining, and supporting enterprise-class Business Applications, Cloud Services, Geospatial management, and Distance Learning Services.

Ace Info Solutions, Inc. is the current vendor providing these services under contract AG-3144-D-16- 0059. The current contract was awarded under the 8(a) STARS II GWAC on 6/22/2016 to Ace Info Solutions, Inc. This contract expires on 5/16/2021. The new contract was competed among 8(a) vendors on the NITAAC CIO SP3 Small Business GWAC and was awarded on 4/23/2021. A post-award GAO protest was filed and a stop work order has been issued on the new contract.

The USDA Office of Contracting and Procurement will request a quote for a bridge contract from Ace Info Solutions, Inc. for one 3-month base period and five 1-month option periods to continue to provide critical EAS support services to allow time for protest resolution on the new contract award.

The government estimate for this contract is as follows:

Base Period: $10,869,315.00 Option Period 1: $3,623,105.00

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Option Period 2: $3,623,105.00 Option Period 3: $3,623,105.00 Option Period 4: $3,623,105.00 Option Period 5: $3,623,105.00 Total: $28,984,840.00

4. The statutory authority permitting other than full and open competition.

The following circumstance provides the justification for other than full and open competition under

FAR 6.3:

41 U.S.C. 3304(a)(1), as implemented by FAR 6.302-1, titled "Only one responsible source and no other supplies or services will satisfy agency requirements."

5. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority.

The current incumbent provides a variety of IT services including, but not limited to, application development, project management, IT security, business development, and Tier 1 help desk support, to various government agencies. A new contract has been awarded so it is not in the best interest of USDA to recompete and award a new contract during protest resolution.

The impact of not establishing bridge contract for existing EAS information technology services would critically impact their mission and the ability to provide innovative business practices and professional services. The lapse in these necessary USDA-wide services would also lead to far-reaching implications for both EAS as the customer and all of the various government agencies EAS currently supports. There are currently 70 projects that would be negatively impacted if services were interrupted including critical systems like the procurement system for the United States Air Force (CON-IT), vital Geospatial projects used in animal health emergencies, and Forest Service and DOI Wildfire Management systems among others. In addition, it would negatively impact the relationships that EAS has developed and maintained over the life of this program with their customer base. Loss of these services will create a devastating financial impact on their fee-for-service business model and this break in services would force their customers to seek these services elsewhere resulting in a loss of customer base, confidence, financial stability, and trust.

6. Description of efforts made to ensure offers are solicited from as many potential sources as is practicable.

This requirement has been awarded under competitive procedures and is currently under protest.

USDA will continue to compete these services in the future.

7. Description of the market research conducted and the results or a statement of the reason Market Research was not conducted.

Market research for Enterprise Application Services was conducted through an analysis of various GWACs such as GSA 8(a) STARS II, GSA Schedule 70, GSA VETS-2, and NITAAC CIO SP3 Small Business and other vendors are capable of providing these services; however, this bridge contract will allow time for protest resolution for the new contract award.

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

The current contract ends on 5/16/2021 and given the critical nature of these services we cannot use normal procedures and timeframes to recompete during protest resolution of the new contract award.

This bridge contract allows the services to continue uninterrupted until we are able to provide these services under the new contract.

9. Listing of the sources, if any, that expressed a written interest in the acquisition.

Not applicable.

10. Statement of actions, if any, the agency may take to remove or overcome any barriers to competition if subsequent acquisitions are anticipated.

Not applicable.

11. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The government estimate is based on the current contract rates which have been determined to be fair and reasonable.

Certifications & Approvals

The information provided for this justification has been reviewed and certified accurate and complete by _____________________________ Wayne Peters, Program/Technical Personnel.

Contracting Officer (not exceeding $750,000). I have reviewed this justification and certify it to be accurate and complete to the best of my knowledge and belief.

Approved.

Reviewed and forwarding to the Procuring Activity Advocate (MASCO or Delegate).

Jason Kuhl Contracting Officer

WAYNE PETERS Digitally signed by WAYNE PETERS Date: 2021.05.06 13:46:44 -06'00'

JASON KUHL Digitally signed by JASON KUHL Date: 2021.05.06 14:00:18 -06'00'

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Additional Reviews & Approvals

Signatures are required at each threshold up to the total estimated dollar value of the acquisition.

Advocate for competition for the procuring activity (MASCO or Delegate approved by HCA for USDA) (if over $750,000, but not exceeding $15 million). I have reviewed this justification and certify it to be accurate and complete to the best of my knowledge and belief.

Approved.

Reviewed and forwarding to the Head of the Procuring Activity/HCA.

Richard Jiron Mission Area Advocate for Competition

Head of the procuring activity (HCA for USDA) (if over $15 million, but not exceeding $75 million). I have reviewed this justification and certify it to be accurate and complete to the best of my knowledge and belief.

Approved.

Reviewed and forwarding to the Senior Procurement Executive (SPE).

Dorothy A. Lilly Acting, Head of the Contracting Activity United States Department of Agriculture

RICHARD JIRON Digitally signed by RICHARD JIRON Date: 2021.05.12 15:16:29 -06'00'

RICH

ARD

JIRON

Digitally signed by RICHARD JIRON Date: 2021.05.12 15:16:52 -06'00'

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