Exception_to_Fair_Opportunity_W15P7T-12-D-E008-KX01.pdf

Control No: JA-E-16-761 Contractor: Adams Communication & Engineering Technology Inc. (ACET)

Supply/Service: Sustainment Support Services

JUSTIFICATION REVIEW DOCUMENT

FAR PART 16 EXCEPTION TO FAIR OPPORTUNITY (EFO) JUSTIFICATION

For Actions Exceeding the Simplified Acquisition Threshold (SAT)

Supply/Service: Sustainment Support Services

Authority: 10 U.S.C. 2304c(b)(1) as implemented by FAR Part 16.505(b)(2)(i)(A) – The order must be issued on a sole-source basis as the need for the services is so urgent that providing a fair opportunity would result in unacceptable delays.

Amount: $1,578,257.70

Prepared by: Nhan Nguyen Contracting Officer’s Representative Email: nhan.h.nguyen.civ@mail.mil Date: 14 September 2016

Phone: 804-734-0099

Contracting Officer: Kandi McDonald Contracting Officer Email: kandi.a.mcdonald.civ@mail.mil Date: 16 September 2016

Phone: 443-861-4869

Technical: Kia Garner System Administrator, EISD Email: kia.m.garner.civ@mail.mil Date: 14 September 2016

Phone: 804-734-2059

Requirements: Charita Branscomb Supervisor Business Analyst, EISD Email: charita.branscomb.civ@mail.mil Date: 14 September 2016

Phone: 804-734-2766

Reviews: I have reviewed this justification and find it adequate to support an exception to fair opportunity.

Program Manager:

Typed Name: Charita Branscomb Phone: 804-734-2766

Digitally signed by

BRANSCOMB.CHARITA.1087341603

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, SignatureR: ITA.1087341603 ou=USA, cn=BRANSCOMB.CHARITA.1087341603

Date: 2016.09.26 12:32:01 ‐04'00' 20160926

Legal Counsel:

Typed Name:

Phone:

Signature: Date:

BRANSCOMB.CHA

Date:

daniel.j.beuke Typewritten Text daniel.j.beuke Typewritten Text 27 Sep 16

Justification for an Exception to Fair Opportunity

1. Contracting Activity: ACC-APG Division E (W56JSR), 6001 Combat Dr., APG, MD 21005

2. Description of Action: The purpose of this action is to award a Cost-Plus-Fixed-Fee (CPFF) Term modification to Task Order W15P7T-12-D-E008-KX01 for support of the Communications Electronics Command (CECOM) Software Engineering Center (SEC) Enterprise Information System Directorate (EISD) Sustainment Support Services (SSS). The value of this action is $1,578,257.70 and will be funded using FY 16 Operation and Maintenance, Army (OMA) funds. This action is to extend the period of performance (POP) by 6-months from 30 September 2016 to 31 March 2017. The 6-month extension is requested to enable the Government to continue daily operations of the SSS effort.

3. Description of Supplies/Services: The W15P7T-12-D-E008-KX01 Task Order provides services to the CECOM SEC EISD with a full suite of functional and technical capabilities necessary to support the Post Production Software Support/ Post Deployment Software Support (PPSS/PDSS) related to functional and technical business advisory and IT support as detailed in the Performance Work Statement (PWS) associated with the referenced task order. The SSS currently provides software engineering services and PDSS for the Army Business Center for Acquisition Systems (ABCAS) of SEC EISD; the Army Housing Enterprise System (AHES) which provides network support for the Office of the Army Chief of Staff for Installation Management (OACSIM) located at the Pentagon in Arlington, VA; and the Other Defense Agencies - Hosting (ODA-H) team of the Systems Sustainment Division (SSD) of the SEC, Fort Lee, VA (SEC EISD). There are no changes to the existing PWS. As explained more fully below, these services are essential to the Department of Defense (DoD) and its sister organizations.

4. Authority Cited: 10 U.S.C. 2304c(b)(1) as implemented by Federal Acquisition Regulation (FAR) section 16.505(b)(2)(i)(A) – The order will be issued on a sole-source basis as the need for the services is so urgent that providing a fair opportunity would result in unacceptable delays.

5. Reason for Authority Cited: The extension modification is required to maintain continuity of essential services provided under the current SSS Task Order W15P7T-12-D-E008-KX01 until the solicitation SSESN-2073 is awarded. Solicitation SSESN-2073 covers the SSS requirement, in addition to other requirements. Due to unforeseen pre-award delays, including substantial questions from industry and requests for extensions during the solicitation period which substantially extended the proposal period, the re-compete Task Order will not be awarded before the current Task Order covering SSS work expires on 30 September 2016. Furthermore, the SSS work is structured as an option under the SSESN- 2073 solicitation, with a period of performance starting on or about 31 January 2017. After award there is a requirement for a 60-day transition period to ensure no interruption of services for this critical mission.

Timeline for the current solicitation SSESN-2073 is as follows:

Proposals Received 15 SEP 2016 Begin Evaluation 20 SEP 2016 Evaluation of Technical Proposals Due 29 SEP 2016 Evaluation of Cost Proposals Due 29 SEP 2016 Award Decision 13 OCT 2016 Task Order Preparation 13 OCT 2016 Pre Award Peer Review 18 OCT 2016 Contract Award 31 OCT 2016 Option for SSS work PoP start 31 JAN 2017

The SSS Task Order supports the operations of various essential Standard Army Management Information Systems (STAMIS). It provides program management and lifecycle sustainment functions within cost, schedule and performance for all assigned Enterprise Resource Planning, Logistics IT, and DoD/Department of the Army Enterprise Business Applications. The SSS encompasses the support for the software development and sustainment of various STAMIS and DoD Automated Information Systems which support many DoD customers such as the Defense Commissary Agency (DeCA), the Department of Defense Educational Activity (DODEA), the Defense Health Agency (DHA), and various other agencies within DoD. Furthermore, SEC EISD partners with the AHES to provide network support for the OACSIM.

In addition, the SSS provides functional, integration testing, and business consulting support for the ABCAS in support of the Army contracting community, to include supporting the Army contingency contracting mission. In some cases, ABCAS support extends beyond the Department of the Army to include other defense and federal agencies.

These systems are essential to the operations of the DoD and its sister organizations. The work performed under this Task Order ensures the operational readiness of these systems, and it will be detrimental to the Government if there is a lapse of service. The programs and related systems identified above provide support for contract writing and acquisition reporting capabilities for several DoD and Non-DoD activities, and supports the Army's electronic initiative to provide expedient housing and commissary services to service members CONUS and OCONUS. Due to the importance of the systems in question which provide direct and indirect support to multiple layers of the Government and soldiers, any delay of receiving these services would have a profound negative effect on the readiness of the Army and have a serious impact on the lives and welfare of the Warfighter and their families.

Adams Communication & Engineering Technology Inc. (ACET), 11637 TER Drive, Waldorf, MD, is currently performing SSS under competitively awarded Task Order W15P7T-12-D-E008-KX01. ACET, as the incumbent contractor, has the necessary manpower, skills and abilities to perform the tasks required within the required schedule. It is anticipated that it will take four (4) months to complete the follow-on competition and 60 additional days to fully transition all tasks. Based on the circumstances described, ACET is the only contractor that can reasonably and realistically provide the required urgent services without a severe interruption of services. Transferring responsibility to another contractor at this time would cause an unacceptable delay, based on the need for a 60-day phase-in and phase-out period and to complete the already in-progress fair opportunity competition for the follow-on task order.

6. Actions to Increase Competition: The follow-on effort was solicited on a fair opportunity basis under solicitation SSESN-2073 to all of the multiple award contract holders. Proposals were received on 15 September 2016 and are currently under evaluation. Barring unexpected delays, the Government intends to be ready to award the follow-on task order on or about 31 January 2017.

7. Market Research: On 22 September 2016, the ACC-APG Contracting Officer performed market research. During the market research assessment, sources under the NexGen IDIQ contracts were considered since all of the firms under the NexGen multiple award contracts have been deemed capable to perform the required services under the base contracts. However, the NexGen contract under Performance Work Statement Paragraph (PWS) 3.2.1.9 “Phase In and Phase Out” requires a 60-day phase-in and phase-out period for cases when incumbent contractor does not win the follow-on effort.

This phase-in and phase-out period allows the prior contractor to brief and train the incoming contractor on current on-going projects and procedures and allows the incoming contractor to observe the current projects and procedures to ensure a seamless transition from one contractor to the next.

Based on the ACC-APG Contracting Officer’s expert knowledge, no other source on NexGen or any other source would be capable of performing the required services by the current task order’s expiration date of 30 September 2016. It would not be possible for any other source to provide the contractual the 60-day phase-in and phase-out period and to complete the already-in-progress fair opportunity task order without a break in service.

8. Other Facts:

Procurement History:

Task Order: W15P7T-12-D-E008-KX01

Award Date: 01 Jul 2014 Period of Performance 01 Jul 2014 – 30 September 2016 Competitive Status: Small Business

43903

87341603

9. Technical Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

GARNER.KIA.M.12914

Digitally signed by GARNER.KIA.M.1291443903

Date: 9/26/2016 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=GARNER.KIA.M.1291443903

Date: 2016.09.26 12:26:20 ‐04'00'

Kia Garner System Administrator, EISD

10. Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

BRANSCOMB.CHARITA.10

Digitally signed by BRANSCOMB.CHARITA.1087341603

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, Date: 20160926 ou=USA, cn=BRANSCOMB.CHARITA.1087341603

Date: 2016.09.26 12:32:49 ‐04'00'

Charita Branscomb Supervisor Business Analyst, EISD

11. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable.

This determination will be made using cost analysis, price analysis, and comparison to the IGCE.

As a part of this basis, certified cost or pricing data:

will be required.

will not be required and the following exception applies (FAR 15.403):

Prices that will be agreed upon are based on adequate price competition.

Prices that were established during the original competition that are not subject to negotiation.

Prices that will be agreed upon are based on prices set by law or regulation.

A commercial item is being acquired.

A waiver has been granted by the head of the contracting activity (HCA) in accordance with

DFARS PGI 215.403-1.

The contract action is a modification to a contract or subcontract for commercial item(s).

The estimated cost of the contract action is less than the threshold for certified cost or pricing data.

MCDONALD.KANDI.ANN.1036068872

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=MCDONALD.KANDI.ANN.1036068872 Date: 2016.09.26 13:24:24 ‐04'00'

Date:

Kandi A. McDonald Contracting Officer

MCDONALD.KAND

I.ANN.1036068872

12. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Date:

MCDONALD.KANDI.ANN.1036068872

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=MCDONALD.KANDI.ANN.1036068872 Date: 2016.09.26 13:24:55 ‐04'00'

Kandi A. McDonald Contracting Officer

MCDONALD.KAND

I.ANN.1036068872

Approval

Based on the foregoing justification, I hereby determine the procurement of Sustainment Support Services for CECOM SEC EISD using an exception to fair opportunity pursuant to the authority of FAR 16.505(b)(2)(i)(A), subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Advocate for Competition:

Typed Name: Cynthia A. Jackson Phone: 443-861-5349

Signature: Date: