REDACTED_JA19-079_MOD_02_DISN_Customer_Implementation_Projects_Support.pdf

JUSTIFICATION & APPROVAL (J&A) FOR FEDERAL ACQUISITION

REGULATION (FAR) SUBPART 16.5 ACQUISITIONS

EXCEPTION TO FAIR OPPORTUNITY

Multiple Award Schedule/Multiple Award Contract (MAC)

Orders under MAC/ Fair Opportunity – FAR 16.505, Department of Defense FAR Supplement (DFARS) 216.505-70, Procedures, Guidance and Information (PGI) 216.505-70

Contract Number: HC1028-13-D-0011 Task Order (TO) Number: 0008 Procurement Title: Defense Information Systems Network (DISN) Customer Implementation Projects Support Estimated Value:

Authority: FAR 16.505(b)(2)(i)(C)

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

Number: JA19-079 MOD 02

Upon the basis of the following justification, I, as the Procuring Activity Competition Advocate , hereby approve this exception to fair opportunity pursuant to the authority of FAR 16.505(b)(2)(i)(C).

1. REQUIRING AGENCY AND CONTRACTING OFFICE:

Requesting Agency:

Defense Information System Agency (DISA) Installation and Implementation Division (IE4) 5910 Cooper Ave Ft. Meade, MD 20755

Contracting Activity:

DISA/Defense Information Technology Contracting Organization (DITCO), PL8313 2300 East Drive, Building 3600 Scott AFB, IL 62225

2. NATURE/DESCRIPTION OF ACTION(S):

MOD 02: This modification is for a fifteen-month extension of the period of performance (PoP) of HC1028-13-D-0011-0008. The current task order (TO) ends September 29, 2019 and MOD 02 will extend that through December 31, 2020. The estimated cost of this extension is $. Due to a third protest and the protest resolutions complexity; it has taken longer than anticipated. This fifteen month extension will ensure necessary support during the final resolution of the protest on the follow-on TO.

DISN Customer Implementation Projects Support-JA19-079 MOD 2

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The extension will allow non-severable requirements to be added to the TO until the follow-on TO is available. Historically, the non-severable projects are completed within a period of performance of one year. With this fifteen month bridge DISA will be able to add new projects to the TO until December 31, 2019, while ensuring that any new projects have the necessary period of performance to complete the non-severable projects. Any new projects after December 31, 2019, will be added to the follow-on TO, assuming the follow-on TO is available for use. The DISN Customer Implementation Projects Support effort actively supports DISA network Department of Defense (DoD) Information Network (DODIN)/Global Information Grid (GIG) capabilities and services worldwide. FY19 funding will be used.

MOD 1: This modification is for a three month extension of the period of performance (PoP) of HC1028-13-D-0011-0008. The current task order (TO) ends on June 30, 2019 and MOD 1 will extend that through September 29, 2019. The estimated cost of this extension is $. Due to the protest resolutions complexity; it has taken longer than anticipated. This three month extension will ensure necessary support during the final resolution of the protest on the follow-on TO.

The nature of this action is to support a cost plus fixed fee (CPFF)/firm fixed price (FFP) ceiling increase to the current PoP for TO HC1028-13-D-0011-0008. The PoP for the current TO ends June 29, 2019. The total period of performance is as follows:

Base year: September 30, 2016 through September 29, 2017 Option Year 1: September 30, 2017 through September 29, 2018 Option Year 2: September 30, 2018 through December 29, 2018 FAR 52.217-8 Extension: December 30, 2018 – June 29, 2019 Bridge Extension: June 30, 2019 through September 29, 2019 (current) MOD 02:Bridge Extension: September 30, 2019 through December 31, 2020

3. DESCRIPTION OF SUPPLIES/SERVICES: Continuity of services is required for support to DISA and its mission partners. The TO provides dedicated support to the DISN which includes connectivity requirements of DISA customers across the entire global infrastructure and the coordination and cooperation with DISN support organizations (DISA, service contractors, Services and Agencies) at the direction of DISA. Support under this requirement includes, but is not limited to, the following:

• Project/Program planning and coordination

• Site Surveys & Telecommunication Site Implementation Plans

• Site Preparation Activities

• Hardware/software installation and/or removal

• Site wiring implementation, inspection/testing, and removal

• Completion reports to include as-installed documentation (Red Line Drawings)

• Planning, documentation, coordination and on-site, physical connection installation/relocation of network circuits to include physical connection installation/relocation actions at distant end locations, when required

• Site implementation testing and checkout

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• Certification and Accreditation Activities to include Security Planning and Documentation and Risk Management Framework artifacts and controls documentation

• Development, management and execution of the Implementation Management Plan and Schedule

• Documentation Management and Data Development, delivery and entry

• Handling, installation, and removal of network timing and synchronization devices containing hazardous material

• Configuration Management to include hardware and software information tracking and maintenance

• Technical engineering support

• System engineering and design support

MOD 02: On August 22, 2019, a modification was issued to lift the stop work order;

however, another protest was received. This bid protest was submitted in a timely manner to again trigger an automatic suspension of performance of the follow-on TO pending resolution of the protest in accordance with FAR 33.103(f)(3).

The current TO expires on September 29, 2019. This effort was re-competed as a fair opportunity requirement. On December 6, 2018, the follow-on TO HC1028-13-D- 0011/HC102819F0042 was awarded. The bid protest was submitted in a timely manner to trigger an automatic suspension of performance of the follow-on TO pending resolution of the protest in accordance with FAR 33.103(f)(3). On February 26, 2019, a modification was issued to lift the stop work order; however, another protest was received. This bid protest was submitted in a timely manner to again trigger an automatic suspension of performance of the follow-on TO pending resolution of the protest in accordance with FAR 33.103(f)(3). The extension of the current TO will allow for continued support of this vital program during the protest period, while retaining the ability to provide the necessary level of effort for DISA and its stakeholders without a break in service.

4. IDENTIFICATION OF THE EXCEPTION TO FAIR OPPORTUNITY:

(a) Exception to Fair Opportunity. In accordance with (IAW) FAR 16.505(b)(2)(i)(C), the order must be issued on a sole-source basis, in the interest of economy and efficiency, because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

(b) Justification.

(1) Minimum Government requirements: DISA and its stakeholders all depend on the support to perform installation, configuration, upgrade, relocation, and removal of network hardware devices and supporting equipment and the activation, transition, and decommissioning of network circuits as required to fulfill DISN customer requirements. Additionally, this TO will provide services necessary to implement, maintain, design and augment the DISA security posture through the implementation

Page 4 of 6 Pages of DISN-based Joint Regional Security Stack as provided by the Government. This support is critical to maintain acceptable levels of performance in support of DISA and its mission partners to implement major projects. The DISN network is the crucial backbone to the worldwide telecommunications infrastructure that provides a full range of information product and services in support of the DoD and other authorized users. The DISN is managed by DISA to satisfy DoD global requirements for survivable, secure, reliable, and avail-able telecommunication services. The DISN currently comprises a number of interrelated crucial networks that has evolved over the years in response to emerging requirements and availability of new technologies.

These networks provide access to DISN common user services and long haul transport for DISA customers. The DISN currently has approximately 400 service delivery nodes located at geographically diverse locations worldwide. Failure to support mission partner and other stakeholders will negatively impact the mission critical support functions that ensure the timely deployment and continuation of telecommunication services for DISA and is stakeholders, and would be devastating to the warfighter and have worldwide ramifications. Sustaining the current TO allows the vital components of the DISN/GIG infrastructure to be deployed to other military forces anywhere in the world.

(2) Proposed sole source contractor: Due to the bid protest(s) filed by , By Light (the incumbent on existing task order GSMETI00030.00/HC1028-13-D-0011-0008) is the only source that can fulfill this requirement without risk of a substantial break in service/support.

(3) A sole-source action is necessary due to a second protest filed in response to the award of the follow-on TO HC1028-13-D-0011/HC102819F0042. If a second bid protest had not been received, the ceiling increase would not be necessary. As previously discussed, since the TO is under FAR 52.217-8 extension, the necessary support increases to the TO cannot be included without the justification for an exception to fair opportunity to increase the ceiling value of the TO.

(4) MOD 02: This modification is the result of a third protest received, this extension will ensure uninterrupted coverage until the protest can be resolved and the follow-on TO can be awarded.

5. COST/PRICE FAIR AND REASONABLE DETERMINATION: During source selection of GSMETI00030.00/HC1028-13-D-0011-0008, a cost/price evaluation was conducted in accordance with FAR 15.404. The contract prices were determined to be reasonable. The proposed cost/prices for the extension will be compared to the current TO prices as well as the Independent Government Cost Estimate and the proposed prices for the follow-on effort in order to determine fair and reasonableness.

6. MARKET RESEARCH: This is an increase to the ceiling value of the existing TO to ensure continued support until the protest and transition period of the follow-on TO HC1028-13-D- 0011/HC1028-19-F-0042 are complete. Market research was conducted for the follow-on TO

Page 5 of 6 Pages which was conducted within the last 18 months. The market research identified potential sources which enabled the follow-on TO to be conducted as an open market small business set-aside.

7. ANY OTHER SUPPORTING FACTS: None

8. ACTIONS THE AGENCY MAY TAKE TO REMOVE OR OVERCOME BARRIERS

THAT LED TO THE EXCEPTION TO FAIR OPPORTUNITY:

(a) Current TO: HC1028-13-D-0011-0008

(b) Status: Expires September 29, 2019. Competitive fair opportunity was completed for the follow-on. Award announced December 6, 2018. Stop-work order was issued on December 18, 2018, due to a bid protest. On February 26, 2019, a modification was issued to lift the stop work order; however, another protest was received. Stop work order was issued on March 5, 2019, due to a second bid protest.

9. REFERENCE TO THE APPROVED ACQUISITION PLAN (AP): Per the Determination and Findings (D&F) approved by the Head of Contracting Activity on May 2, 2012, an AP is not required for GIG Solutions Management - Engineering, Transition, Implementation TOs;

therefore, a written AP was not accomplished for this action.

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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: SIGNATURE:

TITLE/ORGANIZATION:

PHONE: 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: SIGNATURE:

TITLE/ORGANIZATION:

PHONE: DATE:

CONTRACTING OFFICER CERTIFICATION: I certify that this justification is accurate and complete to the best of my knowledge and belief.

NAME: SIGNATURE:

TITLE/ORGANIZATION:

PHONE: DATE:

PROCURING ACTIVITY COMPETITION ADVOCATE 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 does not exceed $13.5M, this review serves as approval and my written determination that the aforementioned FAR circumstances apply.

SIGNATURE: NAME:

TITLE/ORGANIZATION:

PHONE: DATE:

ALL QUESTIONS REGARDING THIS JUSTIFICATION ARE TO BE REFERRED TO