Test_Manager_-_Justification_for_Exception_to_Fair_Opportunity.pdf

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

This acquisition is conducted under the authority FAR 16.501-2(a) and is justified by the following facts and rationale required under FAR 16.505(b) (2) (i) (C) as follows:

1. Agency and Contracting Activity.

Department of Homeland Security (DHS) Federal Emergency Management Agency (FEMA) Office of the Chief Procurement Officer (OCPO)

2. Nature and/or description of the action being approved.

This justification for an exception to fair opportunity is to allow the negotiations and issuance of a new task order under the existing multiple award indefinite delivery, indefinite quantity (IDIQ) contract HSFEHQ-10-D-0389 HSFE-30-13-J-0333, without competition in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, whereby all awardees were given a fair opportunity to be considered for the original order. The period of performance for this requirement shall be a 12 month period of performance from 9/30/15 through 9/29/16. The estimated value of this proposed 12 month action is a Not- To-Exceed Amount of $210,800.

Proposed Contractor:

SETA Contract HSFEHQ-10-D-0389 HSFE30-13-J-0333 Constellation Inc.

13660 Sweet Woodruff Ln Centreville, VA 20120

3. A description of the supplies or services required to meet the agency’s needs

The LSCMS Program Management Office (PMO) has had a task order with Constellation Inc.

since September 2013 that provided technical subject matter expertise for current LSCMS system operations and maintenance, and enhancement and upgrade projects. The purpose for this requirement is to continue the Test Manager SME contractor support and provide training for the new hire government systems engineer. LSCMS provides near real-time asset and commodity visibility tracking for the receipt, inventory, deployment and distribution of critical disaster assets and commodities. LSCMS provides command and control of assets during emergency response activities and during regular non-emergency operations. Failure to provide the support shall impact FEMA’s ability to maintain total asset visibility of critical disaster assets during both emergency and non-emergency operations.

4. Identification of the exception to fair opportunity (see 16.505(b) (2)) and the supporting rationale, This acquisition is being conducted in accordance with FAR 16.505 Justification for an Exception to Fair Opportunity. In accordance with FAR 16.505(b)(2) (i) (C) the basis for which competition is being restricted for this acquisition is: in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, in which all awardees were given a fair opportunity to be considered for the original order.

This follow on task order is to continue the Test Manager SME contractor support and provide training for the new hire government systems engineer support to the LSCMS. The use of the logical follow on exception is logical due to the task order interdependencies and cost efficiencies with the current task order which are attributed to utilization/sharing of existing technical staffing resources which will perform the systems engineering, development and execution of operations and maintenance and user training transition.

5. Determination by the ordering activity Contracting Officer that the anticipated cost to the Government will be fair and reasonable FAR Part 16.

The Contracting Officer has determined that issuing the proposed Task Order to Constellation, Inc. represents the best value to the Government. Constellation is the only company with the current working knowledge of LSCMS test manager requirements, which offers the least amount of risk to FEMA until the transition plan is implemented. The purpose of this request is to justify a bridge contract acquisition on an exception to fair opportunity basis in order to ensure continuity of LSCMS systems engineering services while a the government test manager is hired, trained to be ready to take over the systems engineer position. This test manager hiring is currently with the FEMA HR office. However, time and system-specific experience are the Agency’s most critical factors driving this requirement. The experience required with the FEMA environment is unique and requires considerable ramp-up time in order for the contractor to perform at an acceptable level of performance. Awarding this contract to one or more Contractors not familiar with the LSCMS O&M environment could result in mission failure, as contractors must be able to transition immediately into the support role, without delay.

Interrupted services would result in a critical impact with extreme risk, both internal and external, to the Agency’s ability to perform its emergency management mission and provide critical support to disaster survivors. The Logistics Systems Program Office has also evaluated the level of effort required to complete the tasks in the contract. Given this level of effort, FEMA can establish a reasonable anticipated cost. Moreover, the maximum labor rates have already been negotiated as Fair and Reasonable on the SETA contract. The reasonable anticipated cost established by the Logistics Systems Program Office provides a fair and reasonable measure against which to compare proposed costs from the Contractor.

6. Any other facts supporting the justification.

For this 12 month effort, there will be some significant transitional changes imposed on the contractor by the government; these changes are sensitive, time-phased and time critical and will occur early in the performance of this follow on effort. The only way to be able to deliver and perform acceptably, while effecting these significant changes and without losing any continuity, is to have an expert understanding of the current effort. In order to fulfill this task order, Constellation, Inc. provides test manager services within the O&M program that require current knowledge of the Logistics Supply Chain Management System.

7. A statement of actions, if any, the agency may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made.

FEMA is updating the O&M SOW in preparation of this system moving into the next acquisition phase which is steady state. This will involve significant scope changes coupled with the transition of many of the contractor’s duties to the Government.

TECHNICAL / REQUIREMENTS PERSONNEL JUSTIFICATION: I certify that the above assertions are accurate and complete to the best of my knowledge.

Tuan Huynh Date Contracting Officer’s Representative

CONTRACTING OFFICER’S CERTIFICATION: I certify that this justification is accurate and complete to the best of the contracting officer’s knowledge and belief.

Monique S. Waddell, Contracting Officer Date Acquisition Operations Division Information Technology Branch

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY