SSJ - Internet Intranet new work.pdf

Form # USPTO-OP-073.v1.0 (01/2020) 1

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY (JEFO)

(Sole Source)

(FAR 16.505(b)(2))

SECTION I. COMPLETED BY THE PROGRAM OFFICE

Program Office: CIO/OIMS/Collaborative Services Division

Program Office

POC:

Patrick Linnen

Title of Procurement:

Internet/Intranet - Addition of new work for development services

Estimated Value (including options)

$299,986.44 increase of this mod (Total Price $3,594,178.15)

Contracting Officer:

Victor Martinez

Contracting Officer Phone:

(571) 270-0887 Acquisition Package Number:

ACQ-20-0788

1. Program Office Anticipated Type of JEFO (select from drop-down box)

[ o Limited Competition (Procurement does not provide a fair opportunity for all Indefinite Delivery Indefinite Quantity (IDIQ) contract holders under FAR 16.505) ]

2. Description of the Action

USPTO awarded SDI-NG Bridge task order 1333BJ19F00280003, for Internet Intranet Support Services to Unisys on 10/31/2018. The task order was competed among all SDI-NG contractors under the IDIQ Bridge contract.

The purpose of this modification is to add new work to current development services, CLIN 1002. Total estimated value for the new work is approximately $299,986.44. The table below illustrates the task order since the award.

Awarded Mod - 20010 Total

POP

11/1/18 - 10/31/20

DOA –

9/28/2021

11/1/18- 9/28/21

Award CLIN 0001 and 0003 11/1/18 - 10/31/19 $1,417,005.58 $1,417,005.58

Award CLIN 0002 11/1/18 - 10/31/19 $91,946.88 $91,946.88

Award CLIN 1001 and 1003 11/1/19 – 10/31/20 $1,486,503.75 $1,486,503.75

Award CLIN 1002 11/1/19 – 10/31/20 $298,735.50 $299,986.44 $598,721.94

Totals: $3,294,191.71 $299,986.44 $3,594,178.15

Form # USPTO-OP-073.v1.0 (01/2020) 2

3. Description of the Supplies/Services

The Collaborative Services Division (CSD) establishes standards and procedures for distributed content management responsibilities, including compliance with usability requirements and other federal regulations. CSD provides general oversight and serves as overall coordinator for Internet content managers and web liaisons. CSD serves as Web content manager of the OCIO intranet site and provides resources for other business units’ web manager responsibilities, as needed. CSD contributes to the development of standards for web-based applications, provides input to the Office of Architecture Engineering and Development (AED) and the Office of Infrastructure Engineering and Operations (IEO) to assist in planning changes to Web architecture, including hardware and software, and serves as the stakeholder/coordinator for implementation of applicable web applications developed by AED. The Branch assists the agency’s Information Systems Security Teams in assuring the confidentiality, integrity, and availability of the agency’s websites. Branch staff represent the agency on federal web manager groups, including those run by GSA and Department of Commerce (DoC) and serves as the primary point of contact for the public regarding web usage not related to AISs or specific subject matters.

The current contractor, Unisys, is providing the following services:

• O&M Services (CLIN 0001) - This work refers to the phase of the life cycle in which the asset is in operations and produces the same product or provides a repetitive service, allso commonly referred to as steady state. The Office of Management and Budget (OMB) provides general definition for O&M activities as:

• Operations refer to the day-to-day management of an asset in the production environment and include, but are not limited to, activities that operate data centers, help desks, operational centers, telecommunication centers, and end-user support services.

• Maintenance refers to the activity necessary to keep an asset functioning as designed during the O&M phase of an investment. Examples of maintenance projects may include, but are not limited to: operating system upgrades, technology refreshes, and security patch implementations.

This modification will allow for the completion of the following requirements:

• Have 2 full time contractors using MS tool to convert the old forms to the new forms

• Complete conversion of all the SharePoint InfoPath forms to the new forms using

Microsoft power app/power automate

4. Other Facts Supporting the Justification

The modification of the Internet/Intranet Support O&M task order under CLIN 1002 would result in an implementation of SharePoint Completion faster than an implementation by a separate, competed task order. The faster implementation will allow savings. The modification would result in cost savings for USPTO because:

1. A separate task order would have to be paired with a separate project yet to be created, which would incur additional costs and time. This modification is for 7

Form # USPTO-OP-073.v1.0 (01/2020) 3 months of work.

2. The work of SharePoint InfoPath form conversion is very similar to SharePoint

O&M support. Working in a single project under a single task order would avoid the overhead cost of working in multiple projects/task order.

Modifying the Internet/Intranet task order to add the SharePoint InfoPath form conversion would be more economical and efficient for the United States Patent and Trademark Office.

SECTION II. COLLABORATION BETWEEN THE PROGRAM OFFICE AND OP

3. Adjudicated Type of JEFO (select from drop-down box)

[ o Sole Source (Procurement of supplies or services that is entered into or proposed to be entered into by an agency after soliciting and negotiating with only one source.)) ]

4. Exception to Fair Opportunity and Supporting Rationale

FAR 16.505(b)(1)(i) requires the Contracting Officer to provide each awardee under a multiple award contract, a fair opportunity to be considered for each order exceeding $3,500 unless a statutory exception applies. The specific exception that precludes the fair opportunity process for this acquisition is 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.

The rationale for the modification is as follows:

Unisys is the incumbent currently providing O&M support for USPTO’s SharePoint sites.

Unisys has the knowledge, skill and capability to support this effort, as the company is currently supporting

Internet and Intranet Support Services. Unisys Contractors are subject matter experts with domain knowledge in USPTO’s SharePoint sites. Unisys Team has worked closely with the Government to the day-to-day management of an asset in the production environment and include, but are not limited to, activities that operate data centers, help desks, operational centers, telecommunication centers, and end-user support services. The use of a Contractor other than the incumbent would result in an unacceptable level of technical and risk for USPTO SharePoint. The designated source approach eliminates the learning curve associated with using a new Contractor and reduces both cost and risk by leveraging the incumbent’s O&M team. .

Form # USPTO-OP-073.v1.0 (01/2020) 4

5. Actions to remove or overcome barriers to fair opportunity before subsequent acquisition

The Program Office anticipates a new competition for the task order at the end of option period 1.

SECTION III. COMPLETED BY OP

6. Determination by the Contracting Officer that estimated cost will be fair and reasonable

The Contracting Officer will finalize a price reasonableness determination, appropriate to the contract type, prior to contract award. Detailed documentation and justification of price reasonableness will be disclosed in the Acquisition Form Documentation (AFD) to be prepared upon completion of negotiations.

Form # USPTO-OP-073.v1.0 (01/2020) 5

SECTION IV. REVIEW AND APPROVAL

1. Technical Certification

By signature below, the Technical Representative certifies that the supporting data necessary to form the basis for this justification is accurate and complete to the best of their knowledge and belief. Furthermore, the Technical Representative certifies that the justification has been adjudicated by the Program Office and OP.

Patrick Linnen Technical Representative Name

Technical Representative Signature Date

2. Contracting Officer’s Certification

By signature below, the Contracting Officer certifies that this justification is accurate and complete to the best of their knowledge and belief.

Victor Martinez Contracting Officer Name

Contracting Officer Signature Date

SECTION V. ATTACHMENTS

N/A

March 05, 2020 vmartinez1 Date vmartinez1 Signature