SB_signed_MITRE_JOFOC_final_122716.docx

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

1. IDENTIFICATION OF AGENCY AND CONTRACTING ACTIVITY

Agency: Social Security Administration

Office of Information Technology Acquisition Division of Programs Contracts

Contracting Officer (CO): Brenda Monch / (410) -965-9521

Contracting Officer’s Michele Mitroff / (410) 597-1792 Technical Representative:

Project Title: Acquisition and Technical Advisory Support Services for Next Generation Telephony Project

Tracking Information: Advanced Procurement Plan #: OTSO-17-648B0 Relevant Current/Previous SS00-16-30180 Order #:

2. NATURE OF ACTION BEING APPROVED

Type of Action:

_X_ New award ___ Modification of existing award

Contemplated Contract Type:

___ Firm fixed-price ___ Time and materials/labor hour _X_ Cost-Reimbursement ___ Combination

We seek approval of a JOFOC to negotiate on a sole-source basis with The MITRE Corporation, a Federally Funded Research and Development Corporation (FFRDC) under contract number TIRNO-99-D-00005 with the Internal Revenue Service (IRS), to obtain assistance with the agency’s Next Generation Telephony Project (NGTP) acquisition.

3. DESCRIPTION OF SUPPLIES OR SERVICES AND ESTIMATED VALUE

Estimated Value: $1,499,950

The agency plans to award a consultant support services contract to complete the development of the NGTP solicitation package for a full and open competitive acquisition that will converge three existing telephone service contracts into one contract for a Unified Communication (UC) platform. The agency plans to release the UC solicitation package in the second quarter of fiscal year 2017. Consultant support and guidance is required to complete the solicitation package, to assist the agency through the contract award process, and prepare for the transition to the new solution.

The agency requires an FFRDC contractor to perform as an independent consultant serving as acquisition and technical advisor to the agency. MITRE’s Subject Matter Experts will provide program oversight and technical guidance to assist the agency throughout the solicitation process, including the technical evaluations and contract award. In addition, the Contractor shall provide advice, strategies, analysis, briefings, and consultation, as requested by the agency, to prepare for the transition and implementation of the new solution.

The highly complex transition, combining three independent telephone systems and delivering critical communication services to the agency’s staff, its business partners, and the public, represents a significant risk to all agency business and operations. The architecture and technical complexities found in today’s virtual UC environments require specific technical writing skills for developing a solicitation that supports the agency’s business model.

The three current telephone contracts include:

· Field Office Telephone System – Telephone Systems Replacement Project, Contract #SS00-07-60066, expires 03/04/2018;

· Call Service Center – Citizen Access Routing Enterprise through 2020; and

· Headquarters – Headquarters Telephone System, along with video and multi-channel communication options to facilitate business between the agency and the public.

The total amount of the Independent Government Cost Estimate required for consultant support and acquisition assistance is $1,499,950. With the real probability of the NGTP expenditures reaching $1 billion, this foundational spending will prove invaluable in creating a successful solicitation, leading to the best value award of the NGTP contract.

4. IDENTIFICATION OF STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN COMPETITION

The statutory authority permitting other than full and open competition is 41 U.S.C. 3304(a)(3), implemented by Federal Acquisition Regulation (FAR) 6.302-3 – “Industrial Mobilization; Engineering, Developmental, or Research Capability; or Expert Services[footnoteRef:1].” [1: This effort falls within the exception to competition found at FAR 6.302-3(a)(2)(ii) “to establish or maintain an essential engineering, research, or development capability to be provided by an educational or other nonprofit institute or a federal funded research and development center.” As a task order under contract number TIRNO-99-D-00005, this effort supports such a goal.

5. DEMONSTRATION OF SUPPLIES/SERVICES AND PROPOSED CONTRACTOR'S UNIQUE QUALIFICATIONS

MITRE possesses the unique qualifications and capabilities to provide the acquisition assistance and support services for this solicitation. As an FFRDC organization, MITRE’s ability to work collaboratively and non-competitively with contractors, vendors, and the Government is critical to ensuring deliverables are uncompromised, appropriately implemented, and in the best interest of the agency. MITRE has the experience to understand the risks and readiness of the program from the standpoint of an advisor prohibited from competition on subsequent systems delivery work[footnoteRef:2]. This unique type of non-commercial organization enables MITRE to meet the critical need for support of acquisition package development without jeopardizing the integrity of the future anticipated full and open competition. [2: In accordance with FAR 35.017, an FFRDC “in order to discharge its responsibilities to the sponsoring agency, has access, beyond that which is common to the normal contractual relationship, to Government and supplier data, including sensitive and proprietary data, and to employees and installations equipment and real property. The FFRDC is required to conduct its business in a manner befitting its special relationship with the Government, to operate in the public interest with objectivity and independence, to be free from organizational conflicts of interest, and to have full disclosure of its affairs to the sponsoring agency.” Additionally, FFRDCs “are operated, managed, and/or administered by a university or consortium of universities, other not-for-profit or nonprofit organization, or an industrial firm, as an autonomous organization or as an identifiable separate operating unit of a parent organization.”

The work required is within the scope of the IRS’s contract number TIRNO-99-D-00005 with MITRE. The IRS contract allows other agencies, if approved, to utilize its contract to perform a direct acquisition under the Economy Act[footnoteRef:3]. The agency has taken steps to prepare for this acquisition by utilizing the FFRDC contract on several previous task orders. MITRE’s performance over three previous task orders demonstrates their ability to provide the acquisition experience and expert-level support required for this current task order. The previous deliverables, foundational knowledge, and expert-level support makes the MITRE team uniquely qualified to support the development of strategies that promote the best technologies for our business needs. The MITRE team brings continuity and synergies to the project to best assist the agency in the preparation of solicitation documents and cost estimates that mitigate for a best-value approach to a successful contract award. [3: On February 09, 2016, the IRS provided written authorization for the agency to award a task order for the aforementioned required services under their contract.]

Furthermore, MITRE’s guidance over the last three years has proven to be indispensable. MITRE’s team has played an integral role in the agency’s development of Request For Information, Concept of Operations, Acquisition Analysis, and other studies that have previously produced strategic documentation for this acquisition process. MITRE’s unique experience from working with the agency on this project assures it has a solid understanding of the agency’s operations and will provide the agency with insightful direction on potential technology, industry best practices, and cost analysis for this highly complex project.

Continued collaboration and continuity between MITRE’s team and the agency bring the best project resources to ensure a successful award, transition, and implementation. This unique relationship is critical for the agency to adhere to timelines and prepare for an aggressive transition and implementation schedule. Any transition delay will have significant cost implications. Allowing MITRE to continue their role as the agency’s NGTP consultant provides a key resource to help mitigate risks and ensure the successful award, transition, and implementation of this highly complex project.

If the agency does not utilize the proposed acquisition, the required quality and broad-based expertise that MITRE provides will not be realized throughout the NGTP solicitation process or implementation to a new UC solution. The agency would not be in alignment with its strategic goals of technology service and infrastructure quality. Furthermore, the agency will not benefit from MITRE’s industry experts who can assist with the development of an efficient plan of action for the implementation of the UC platform. Based on the aforementioned, we determined MITRE to be the only company that can provide the required independent acquisition and technical advisory services we require.

6. EFFORTS MADE TO SOLICIT FROM AS MANY POTENTIAL SOURCES AS IS PRACTICABLE

Contract number TIRNO-99-D-00005 is a single-award Indefinite Delivery Indefinite Quantity contract. Due to the nature of our requirement, it is in the best interests of the Government to solicit a quote from MITRE. A synopsis will not be posted in the Government-wide Point of Entry (GPE) in accordance with the synopsis exception contained in FAR 5.202(a)(6), because the proposed contract action is an order placed against an existing contract in accordance with FAR 16.5.

7. DETERMINATION BY THE CO THAT THE ANTICIAPTED COST TO THE GOVERNMENT WILL BE A FAIR AND REASONABLE PRICE

In accordance with FAR 15.404, the CO will perform a cost/price analysis in order to determine if MITRE’s proposed cost/price is fair and reasonable.

8. DESCRIPTION OF MARKET RESEARCH

Market research was conducted from 09/01/2015 – 12/31/2015 by the following Division of Integrated Telecommunications Management (DITM) personnel: Kevin Straight, IT Specialist with 12 years of experience, John DeLozier, IT Specialist, with over 20 years of experience, Mike Lesondak, Team Lead, with 10 years of experience, and Marty Pittinger, IT Specialist, with over 15 years of experience. They conducted this market research through the following methods:

· Through a query of a Government-wide database, the master list of FFRDCs maintained by the National Science Foundation (http://www.nsf.gov/statistics/ffrdclist/).

· Through a query of the General Supply Schedule website

· Review of other market research efforts conducted for similar acquisitions, SS00-07-60066, GS00T07NSD0007, SS00-14-31064, SS00-15-30662, and SS00-16-30180.

Based on the above research we identified two potential FFRDCs: 1) The Center for Enterprise Modernization, sponsored by the IRS, and 2) the Software Engineering Institute (SEI) with the Department of Defense. If the agency used the SEI FFRDC instead of the Center for Enterprise Modernization, the agency would be required to participate in an assisted acquisition involving several additional levels of approval. Accepting the administrative burden of using the SEI FFRDC would not be a viable option to pursue as it will introduce delay on the already tight schedule of the NGT Project. Additionally, utilizing SEI FFRDC may cause the loss of key personnel within MITRE, who have extensive knowledge of the project and that have been involved with the overall planning of NGTP over the past two years. The amount of time it would take to bring new staff up to speed on the NGTP will possibly cause delay of award leading to additional cost to the agency.

9. ANY OTHER SUPPORTING FACTS

The CO has determined MITRE to be responsible in accordance with FAR 9.104 and verified the following:

· System for Award Management (SAM) – Reps & Certs, Core Data & Assertions - expiration date of registration is April 1, 2017.

(evidence contained in contract file)

· Federal Awardee Performance and Integrity Information System (FAPIIS) – The CO reviewed and considered the performance and integrity information available in FAPIIS, including FAPIIS information from SAM exclusions, and the Past Performance Information Retrieval System, and notes that there was no negative information precluding the award as of December 20, 2016.

(evidence contained in contract modification file)

10. LIST OF SOURCES EXPRESSING INTEREST IN THE ACQUISITION

In accordance with the exception contained at FAR 5.202(a)(6), a synopsis/notice of intent to award on a sole-source basis was not posted on a GPE as this action will result in a task order being issued under an existing indefinite-delivery-indefinite-quantity contract. Therefore, no sources have expressed any interest in this procurement.

11. ACTIONS AGENCY MAY TAKE TO REMOVE OR OVERCOME BARRIERS TO COMPETITION BEFORE ANY SUBSEQUANT ACQUISITION IS REQUIRED

The agency will continue to seek competition through appropriate market research.

12. CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (COTR) AND PROGRAM OFFICIALS’ RECOMMENDATION AND CERTIFICATION

The COTR and other program officials hereby certify that the information provided in support of this justification for other than full and open competition, and which forms the basis for the justification, is accurate and complete.

CONCUR: ________ ____11/16/2016 ____

Dave Thomas Date Associate Commissioner, OHE

13. CERTIFICATION BY THE CONTRACTING OFFICER AND OTHER CONTRACTING OFFICIALS

The contracting officer and other contracting officials hereby certify that the information provided in support of this justification for other than full and open competition is accurate and complete to the best of their knowledge and belief.

CONCUR: _______________ _12/20/2016_____

CONCUR: _____________________________________ ___20 December 16___

CONCUR: ______________________________________ ______

December 27, 2016

CONCUR: ______________________________________ _______________

Competition Advocate Review Board (CARB)

Project Title: Acquisition and Technical Advisory Support Services for Next Generation Telephony Project

Estimated Amount: $1,499,950

Review and discussion occurred: Electronically

For a

_____Limited Source Justification (LSJ)

__X__Justification for Other than Full and Open Competition (JOFOC)

__X__I recommend signature by the approving official

_____I do not recommend signature by the approving official

General Counsel (or designee)

______________________________Date__12/29/2016____

__x___I concur that the justification is legally sufficient

_____I do not concur that the justification is legally sufficient image2.emf

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