W911S807D0005J A.pdf

JUSTIFICATION AND APPROVAL (#2012-31)

FOR OTHER THAN FULL AND OPEN COMPETITION

(Actions NTE $550K for other than Simplified Acquisition Procedures)

1. Agency/Contracting Activity: Mission and Installation Contracting Command, Post Award Branch, 100 Col Joe Jackson BLVD, Suite 2001, Joint Base Lewis-McChord WA 98438

2. Description of Action:

Nature: New Requirement Follow-on Requirement Mod to Existing Purchase Order/Contract Number: W911S8-07-D-0005

Pricing: Firm-Fixed Price Time & Materials Cost

Funds: OMA Other Funds:

Request approval to use other than full and open competition to extend contract W911S8-07-D- 0005 by one month (1 April 2012 – 30 April 2012) This contract is a firm-fixed-priced requirements contract to furnish and install computer network 5 / 5e computer jacks for Madigan Army Medical Center, Joint Base Lewis McChord.

Name of Proposed Contractor: INTEGRITY NETWORKS INC Street Address: 2210 LIND AVE SW STE 109 City, State, Zip: RENTON WA 98057-3319 Phone: 425-264-9410

3. Description of Services or Supplies:

The total estimated value of the proposed action is:

The contractor provides personnel, management, labor, materials, equipment, and other related items to install computer network cabling and category 5 / 5e computer jacks into designated rooms. These jacks provide a hardwired connection between the network switch and individual computers. All work is performed within Madigan Army Medical Center, Joint Base Lewis McChord. The period of performance for this extension will be 1 April 2012 – 30 April 2012.

The requiring activity, Madigan Army Medical Center (MAMC) Network Operations Center (NOC), Telecommunications Specialist, stated that MAMC does not have adequate military or civilian personnel qualified to install category 5 / 5e drops.

MAMC currently has requirements to install 97 category 5 / 5e drops throughout the facility.

The NOC is also in the final planning stages to install another 100 category 5 / 5e drops for new and relocated offices being setup within the MAMC facility. Additionally, there is expectation of a request for additional drops to support increased staffing for the extremely high profile Post Traumatic Stress Disorder clinic. These additional category 5 / 5e drops will be installed in direct support of congressional investigation teams.

4. Authority:

Actions other than simplified acquisition procedures (select one):

FAR 6.302-1: Only one responsible source and no other supplies or services will satisfy agency requirements, 10 USC 2304(c) (1)

FAR 6.302-2: Unusual and compelling urgency, 10 USC 2304(c) (2)

FAR 6.302-5: Authorized or Required by Statute, 10 USC 2304(c) (5)

5. Reasons for Authority Cited:

Pursuant to FAR 6.302-1 (a) (2) (iii) (B), the incumbent contractor, Integrity Networks Inc, is the only acceptable source to furnish and install computer network 5 / 5e computer jacks for Madigan Army Medical Center, Joint Base Lewis McChord for this short term extension. The services are deemed to be available only from the incumbent because awarding to any other source would result in unacceptable delays in fulfilling the agency’s requirements and negatively impact the MAMC medical support mission.

As a result of the need for further discussions and evaluations of proposals prior to award of the new contract, and in an effort to avert a lapse in this highly critical service, the Government requires a one month extension IAW contract clause 52.217-8, Option to Extend Services. This extension will allow the Government time to complete discussions, evaluate the proposals and make final award.

In the decision of Major Contracting Services, Inc., B-401472, September 14, 2009, the Government Accountability Office (GAO) held that where an agency failed to evaluate the prices of an extension authorized by FAR 37.111, as implemented in FAR Clause 52.217-8, the exercise of an option under that clause constituted a “new procurement” that had to meet the FAR Part 6 standards for less than full and open competition. Although this contract contains FAR Clause 52.217-8, the clause was not evaluated in accordance with the GAO’s criteria.

Accordingly, in order to exercise the clause and extend the services under the contract for an additional one month, the action must fall within the ambit of a proper sole source contract action under FAR part 6.

1. Background:

a. W911S8-07-D-0005, a firm fixed price contract to furnish and install Cat 5 / 5e drops has an award date of 4 May 2007. This contract contained a base period of performance of 4 May 2007 – 31 March 2008. Subject contract allowed for four option periods with the fourth and final option expiration date of 31 March 2012. This contract is an efficient and effective way to satisfy Government requirements.

Due to the impending expiration of Contract W911S8-07-D-0005, the Chief Information Officer for MAMC processed a request for a new contract. In response to this requirement, Request for Proposal (RFP) W911S8-11-R-0017 was issued to solicit for a new service contract. This solicitation, with an issue date of 15 February 2012 and a final closing date of 19 March 2012, was synopsized on the 16 February 2012.

On or before the exact closing time, there was not adequate competition and clarifications were required to an extent that the Contracting Officer determined discussion would be required prior to award. As of 30 March 2012, the required discussions were not successfully concluded and no determination of price reasonableness and ultimately no award could be made.

b) Justification: Until these discussions are completed and award is made, it is essential that

MAMC medical and administrative staff be provided with computer access in the locations requested / required. Without the Cat 5 / 5e hardwire jacks in place, reallocated / relocated offices will be marginally productive due to lack of computer access. In addition, newly renovated offices will be completely non functional without required computer access.

c) Alternatives:

1) Use of In House Labor: MAMC Information Office does not have adequate personnel in-house (Military or civilian) who are qualified or certified to meet this requirement and perform these services.

2) Suspension of Service: Ability for MAMC to perform its mission would be adversely affected. Newly reorganized units and newly renovated areas would not have access to active / functional computers. Medical professionals without access to confidential medical files due to the inability to log in to the main switch will make each of those sections ineffective, causing major degradation to the MAMC medical care system.

3) Establishment of a Short term Contract: There is not sufficient time between 1

April and 30 April to completely resolicit this requirement.

6. Actions to Increase Competition: This requirement was synopsized timely; a preaward meeting was attended by numerous commercial organizations. Based on the information above, adequate competition is available in the marketplace. The synopsis/announcement on FedBizOps (FBO.gov) indicated the Governments intent to execute a modification to extend the current contract for a period of one month. No responses have been received.

7. Market Research: Extensive market was conducted for the new requirement. The Government synopsized its intent to extend the current contract on 30 March 2012. No further market research will be conducted for the extension.

8. Technical / Requirements Certification: I certify that the supporting data under my cognizance, which is included in this abbreviated J&A, is accurate and complete to the best of my knowledge and belief.

Submitted By: Lt Col Jack Leech

Position Title (Division Chief or higher): Chief, Information Officer

Email address:

Signature: __

E-Signed by LEECH.JACK.REYNOLDS.III.1103960033 VERIFY authenticity with ApproveIt

Jack.leech@us.army.mil

Date: 17 April 2012

9. Fair and Reasonable Price Determination: As contracting officer, I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. Costs have not changed from established pricing, previously determined reasonable, and there is no expectation that better terms could be obtained in the near term.

Contracting Officer Typed Name: Thomas Ebenhoh Date: 17 April 2012 Signature:

10. Contracting Officer’s Approval: I hereby certify that this justification is accurate and complete to the best of my knowledge and belief. Based on the foregoing, I approve this sole source justification subject to availability of funds, and provided that the services and supplies herein described have otherwise been authorized for acquisition.

SIGNATURE:

E-Signed by EBENHOH.THOMAS.M.1078462260 VERIFY authenticity with ApproveIt

Date: 17 April 2012 NAME: Thomas Ebenhoh TITLE: Contracting Officer

E-Signed by EBENHOH.THOMAS.M.1078462260

11. Office of Small Business Programs Review: I certify that the supporting data under my cognizance, which is included in this abbreviated J&A, is accurate and complete to the best of my knowledge and belief.

SIGNATURE:

E-Signed by GHENT.VICTORIA.D.1230518870

Date: ______4-13-2012______________ NAME: Victoria D. Ghent TITLE: Assistant Director Office of Small Business