W91278-14-R-0011-J A-PlateauExecuted.pdf

Control # SAM 14 - 05

PROJECT/EQUIPMENT:(2J ·Environmental Software Maintenance

VV91278-14-R-0011

AUTHORITY: (3) FAR 6.302-1 AMOUNT:(4J $ 9,000,000.00

NAME (Type or Print) TELEPHONE NO Prepared By: Jason C. Johnston 251-690-3348 llTLE DATE Contract Specialist NAME (Type or Print) TELEPHONE NO

Contracting Officer Sonya D. Rodgers 251-441-5598 llTLE DATE

Same as 13 & 14 in J&A (5) Contracting Officer NAME (Type or Print) TELEPHONE NO

Technical (6) Brian E. Peck 251-690-2750

TITLE DATE

A'"oject Manager, Aanning and 8wironm:mtal Corrpliance Branch

NAME (Type or Print) TELEPHONE NO

Requirements (6) Neil D. Robison 251-690-3018

TITLE DATE

Chief, Planning and Environmental Compliance Branch, Planning Division

SIGNATURES ARE REQUIRED BELOW:

I have reviewed this J&A and find the justiti~ation adequate to support other than full and open competition

Deputy for Small Busi-neSs (7[( Sl~:- lUR~ ( r - ·;__ ~) .. . . -·· - -- ·· - -·, _ E {Type or ~ri_nt) __

Linda Spadaro, Deputy for Small Business SIGNA lURE

Project Manager* (B)

NAME {Type or Print) rva -- - ---- ------ SIGNA lURE

Office of Counsel

DCC/CCC Contracting Chf _

Field Competi,ti~n Advocate NAME {Type or Print)

LTC Thomas F. Nelson, Deputy Commander

DATE

iS 7 r .::?01 ~

TELEPHONE NO

251-690-3597

DATE

TELEPHONE NO

251-690-3433

DATE

iz. fl) ov 15

TELEPHONE NO

251-690-2478

DATE

TELEPHONE NO

251-441-6501

DATE

'G 2. {'JO If <..o 1 ~

TELEPHONE NO

251-690-2511

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Agency: The responsible contracting agency is the U.S. Army Corps of Engineers (USACE), Directorate of Contracting, Mobile Regional Contracting Center;

P.O. Box 2288, Mobile, Alabama 36628-0001.

2. Description of Action: A Sole Source, Indefinite Delivery, Indefinite Quantity (ID/IQ), Single Award Task Order Contract (SATOC) with Plateau Software, Inc. (hereinafter Plateau) of Issaquah, Washington is contemplated. The proposed ordering capacity is $9,000,000 under which firm fixed price task orders will be issued. The proposed duration of the ID/IQ SATOC is one base year period and two, one year option periods.

3. Description of Services:

The program requirements are to support and maintain existing IT systems that support the Environmental Protection and Sustainment (EPAS) program, which includes the following systems (hereinafter known as “EPAS Systems”):

• Windows Compliance Assessment and Sustainment Software (WINCASS), an offline assessment tool

• Web-Hosted Assessment Manager (aka WEBCASS), an online assessment tool, deficiency and management tool, trends and reporting tool

• Natural and Cultural Resources Metric Tracker (NCRMT), tracks the metrics from natural and cultural resources

• Status Tool for the Environmental Program (STEP), a module of WEBCASS used to track the approval and status of projects

• Compliance Site Inventory (CSI)

• Hazardous Materials Inventory (HMI)

• Web Application and System for Turnin Execution (WASTE) automates the electronic turn in and disposal process for all waste and re-utilization/recycle items

• Plateau Mobile Applications Suite consisting of Mobile ICAP (Installation Corrective Action Plan), Mobile Checklist, Mobile HMIDS (Hazardous Materials Inventory and Disposal Service), a mobile component of HMI, WASTE, and WINCASS Mobile

• Sustainability Performance Management Tracker (SPMS)

4. Authority Cited: The statutory authority permitting acquisition of the requirement by other than full and open competition is 10 U.S.C. 2304(c)(1) as implemented by FAR 6.302-1, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

5. Reason for Authority Cited: Plateau is the only responsible source that can continue to provide the proprietary software and support currently required by USACE Customers.

a. Background. This proposed contract is a follow-on contract to contract W91278-10-D-0040, which was competitively solicited and awarded as a small business set-aside. This proposed contract will support the following current USACE, Mobile District customers (hereinafter USACE Customers): U.S. Army National Guard Bureau (NGB) Headquarters; U.S. Marine Corps (USMC) Headquarters; Office of the Assistant Chief of Staff for Installation Management (OACSIM); and Army Reserve Command (ARC) Headquarters.

Plateau owns the intellectual property rights and source code rights for the EPAS Systems that it developed which support the EPAS program. These rights are not transferrable to other vendors/contractors.

This proposed contract will provide support and maintenance for the current EPAS Systems until the Department of Army Enterprise System (HQAES) for the EPAS program reaches the final adoption stage and the transition from EPAS Systems to HQAES is complete. During the transition to HQAES, the EPAS Systems will need to be maintained, supported and ultimately historic data will need to be transitioned to HQAES.

This transition only impacts Army customers. Currently, there is insufficient contract capacity in the existing contract to support this transition. Non-Army customers have been advised that this follow-on contract is for support and maintenance of the EPAS Systems as currently utilized and of the need to seek alternative procurement solutions for continued services after the end of this proposed contract.

Maintenance support consists of the configuration, sustainment and technical support of the EPAS Systems to effectively sustain and support the managing and controlling of all environmental auditing and compliance functions, hazardous waste turn-in automation and tracking and reporting, requirements analysis, planning and program management, natural and cultural resources management and reporting, sustainability tracking and reporting, and other related functions. This directly relates to environmental business that includes in-part, environmental compliance, materials and waste management, compliance site inventory, environmental requirements analysis, planning and program management, natural and cultural resources management, environmental management system conformance, and other environmental, health and safety, and sustainability activities.

No enhancements, improvements, upgrades, modifications or changes will be procured under the proposed contract; this contract is only for the services necessary to maintain the existing EPAS Systems and transition to HQAES.

The current anticipated transition to HQAES is February 2014. (See attached e-mail from Brian Moyer, Office of the Assistance Chief of Staff for Installation Management, Army Environmental Division (OACSIM-DAIM-ISE) dated 12 SEP 13. Once HQAES is adopted, USACE Customers will be provided training and a reasonable amount of time to transition from the EPAS Systems to the new HQAES. This transition time is not definable at this point, as it can only reasonably be assessed after HQAES is adopted and USACE Customers start testing the system to ensure that it does, in fact, satisfy Customer needs. During this transition period, the EPAS Systems will still need to be operational to ensure business continuity. Once implemented, it is possible that HQAES might have to be modified to fully replace and/or provide all necessary functionality currently required by the various Customers in order to meet the mission goals and functions. These unknowns could further delay the sunset date of some of the EPAS Systems. In addition to the varying technical issues with transitioning to a new system, there are concerns with sequestration, furloughs and budget uncertainties. Considering the foregoing, there is a need for a base year and two, one year option period in order to ensure continuity of business operations.

b. Impact if not Sole-Sourced.

1) Substantial Duplication of Cost. For a competitive procurement, should a contractor other than Plateau be the successful offeror, the Government would incur additional costs for the types of activities described below:

(a) Fielding a New Replacement Software System

(b) License Cost (individual and/or bulk purchases)

(c) License Transferability (transferability of the license to the Army in whole)

(d) Discovery Period (new contractor’s review and assessment of existing data)

(e) Hosting Issues (application to application compatibility, what platform is being used, determination made on whether it works with the existing Army system)

(f) Hosting Environment Compatibility

(g) Conversion of all historical data maintained in the current system to the replacement software system

(h) Application/Customization Development and Army Coding

(i) Training of personnel on a replacement software system (time impacts to have anyone new understand the Army processes that led to configuration)

Procuring these services at this time through other than sole source will result in substantial duplication of cost which the Government would not expect to recoup through competition. This is particularly true given the short duration that a competitively acquired, non-Plateau system would be in use until the transition to HQAES is complete.

It is incredibly difficult to estimate these costs with any degree of certainty; however, based on discussions with USACE IT personnel it was estimated that 25-50% of the amount of the proposed ordering capacity of $9,000,000 would be required to perform the above activities. Therefore, the estimated additional cost to the Army to switch systems at this time would anywhere from $2,250,000 to $4,500,000.

In addition to the above costs, the Government would incur greater procurement costs to conduct a competitive procurement versus a sole source contract to Plateau. As can be seen from the below cost comparison, the cost for a competitive procurement is over two times the amount for that of a sole source procurement.

Sole Source Procurement Contracting Division -Assist in development of SOW -Coordinate with Customer -Prepare Justification and Approval (J&A) -Review and Approve J&A -Review and Approve Acquisition Strategy -Prepare and Approve Solicitation -Chair 1 Proposal Evaluation -Prepare Prenegotiation Objective Memorandum (POM) -Prepare Price Negotiation Memorandum (PNM) -Prepare award document SUB-TOTAL: $17,507 (standard rate for this type of award)

Planning and Environmental Division -Develop SOW (40 hours/GS-13) - $4,950 -Coordinate with Customer (40 hours/GS-13) - $4,950 -Review Justification and Approval (4 hours/GS-13) - $495 -Develop Acquisition Strategy (120 hours/GS-13) - $14,850 -Prepare the Selection Report (8 hours/GS-13) - $990

- Evaluate 1 Proposal (3 people @ 8 hours each/GS-13) - $2,970

SUB-TOTAL: $29,205

TOTAL: $46,712

Competitive Procurement

Contracting Division -Assist in development of SOW -Coordinate with Customer -Develop Source Selection Plan -Assist in development of evaluation factors -Review and Approve Acquisition Strategy -Prepare and Approve Solicitation -Respond to Requests for Information (RFI) -Prepare Prenegotiation Objective Memorandum (POM) -Prepare Price Negotiation Memorandum (PNM) -Schedule and Chair Source Selection Evaluation Board (SSEB) -Review of Technical Report from SSEB -Prepare Source Selection Decision Document -Prepare award document SUB-TOTAL: $43,257 (standard rate for this type award)

Planning and Environmental Division -Develop SOW (40 hours/GS-13) - $4,950 -Coordinate with Customer (80 hours/GS-13) – $9,900 -Develop Acquisition Strategy (120 hours/GS-13) – $14,850

-Prepare Solicitation and Approve (40 hours/GS-13) - $4,950 -Request Solicitation (1 hour/GS-13) - $123.75 -SSEB (3 people for a week)/120 hours/GS-13) - $14,850 -Selection Report (8 hours/GS-13) - $990 -Debrief Non-Selected (40 hours/GS-13) - $4,950

SUB-TOTAL: $55,563.75

TOTAL: $98,820.75

2) Unacceptable Delay. Award to a source other than Plateau would result in unacceptable delays in fulfilling the Agency’s needs. The existing contract (W91278- 10-D-0040) currently has obligations totaling approximately $15,341,000, which leaves remaining capacity at approximately $308,000. USACE Customers are currently at risk of having programs suspended due to unavailable contract capacity. This proposed contract is a bridge to support and maintain the current EPAS Systems until HQAES reaches the final adoption stage. USACE Customers have developed, implemented, and are utilizing software systems developed by Plateau in the day-to-day execution of their respective environmental missions and responsibilities. Without access to the technical support required to maintain the operability and integrity of these systems, USACE Customers would no longer remain in compliance with applicable Federal, state, and local laws and regulations, potentially resulting in the issuance of Notice of Violations, fines and penalties by various regulatory authorities.

The historical obligation rate for this work has been $3.8 Million per year as evidenced by the chart in paragraph 10(a)(1)(a). Additionally, predicted work to be accomplished under this proposed contract is $5,250,000 in FY14 and $3,750,000 in FY15. Due to sequestration, budget cuts, and possible further delay in the transition to HQAES, some of these projects could be delayed into FY16.

6. Efforts to Obtain Competition: A Special Notice of this proposed contract action was synopsized as required by FAR 5.201(b)(1)(i) and FAR 6.302-1(d)(2). This Special Notice was published to FedBizOpps on 7 May 2013 with a response date of 22 May 2013 for interested contractors. No responses were received in response to the Special Notice.

7. Actions to Increase Competition: A competitive procurement for this requirement was considered, but for the reasons stated above, it is not considered to be in the best interest of the Government to obtain these services through a competitive procurement. Furthermore, HQAES will ultimately replace the EPAS Systems for Army customers. Non-Army customers have been advised to seek alternative procurement solutions for continued services after the end of this proposed contract.

8. Market Survey: A Market Research and Sources Sought Notice was posted to FedBizOpps on 10 December 2012 seeking information on the capability and availability of potential contractors interested in providing environmental software. Nine contractors responded, including Plateau. None of these contractors responded to the subsequent, May 2013, synopsis discussed in paragraph 6.0.

While conducting market research, the USACE Mobile District Project Delivery Team (PDT) questioned USACE Customers regarding the possible existence of an Army Enterprise System that might subsume the current environmental software systems. During this discussion, USACE Mobile District learned of the Army’s Strategic Enterprise domain landscape for the EPAS program (aka HQAES).

Upon much review and discussion, the PDT recommended that the best course of action for the Government was to execute a “bridge” contract for the current EPAS Systems until the HQAES reaches final adoption and the transition to HQAES is complete, as discussed in paragraph 5.0.

9. Interested Sources: No responses were received in response to the synopsis described in paragraph 6.0.

10. Other Facts: Discuss any other facts supporting the use of other than full and open competition, such as the following:

a. Procurement history.

1) Contract number and date of the last several awards.

(a) W91278-10-D-0040; $15,000,000; awarded 27 January 2010.

The below table shows task order utilization on this contract:

Task Order Number

Modification Number

Action Obligation

Effective Date

0001 $235,514.00 03/22/2010 0002 $286,312.00 02/22/2010 0003 $44,351.00 06/08/2010 0003 1 -$16,498.66 09/28/2011 0004 $280,749.00 04/06/2010 0005 $901,398.00 04/28/2010 0006 $22,038.00 06/04/2010 0007 $799,649.00 08/21/2011 0008 $72,696.35 09/07/2010 0009 $20,000.00 09/22/2010 0010 $20,000.00 09/22/2010 0011 $409,898.00 09/26/2010 0011 1 $0.00 03/29/2011 0012 $1,417,301.00 01/22/2011 0012 1 $179,088.00 06/07/2011 0013 $95,414.33 03/09/2011 0014 $189,174.00 03/23/2011 0015 $662,094.95 08/02/2011 0016 $302,477.17 08/03/2011 0016 1 $0.00 08/08/2011

0017 $326,591.00 08/20/2011 0018 $562,176.08 08/29/2011 0019 $34,432.00 09/26/2011 0020 $218,144.06 01/19/2012 0021 $143,006.00 05/23/2012 0022 $772,195.78 04/03/2012 0023 $1,091,992.82 03/24/2012 0024 $2,755,240.39 04/28/2012 0024 1 $255,516.00 09/18/2012 0025 $748,071.00 09/28/2012 0026 $1,056,570.00 09/05/2012 0026 1 $0.00 07/25/2013 0027 $116,081.00 09/14/2013 0028 $524,484.00 03/11/2013 0029 $665,712.00 08/27/2013 0030 $149,615.52 09/28/2013

(b) W91278-10-D-0040-P00007; non-competitively increased contract capacity by $650,000 to $15,650,000 total capacity;

awarded 16 January 2013

2) Competitive status of these actions.

(a) Full and Open Competition after Exclusion of Sources – Total Small Business Set-Aside. Three offers were received.

(b) Non-competitive modification to increase capacity supported by Justification and Approval for Other Than Full and Open Competition.

3) Authority previously used for less than full and open competition.

(a) N/A

(b) 10 U.S.C. 2304(c)(1) as implemented by FAR 6.302-1(a)(2)(iii) -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

4) If a justification was prepared to support the procurement made before this one, a summary of the contents of paragraph 7 of the justification for that procurement and an explanation of the results.

(a) N/A

(b) When addressing actions to increase competition, the justification stated that subsequent contracts for these types of services would be on a full and open competition basis.

5) If any prior award was accomplished by full and open competition, a detailed explanation of the changed circumstances.

Circumstances have changed since the initial award of W91278-10- D-0040, in that the Department of the Army has instituted an

Enterprise wide system that will encompass the EPAS Systems. As set forth in paragraph 8.0, the PDT recommended a “bridge” contract for the current EPAS Systems until HQAES reaches final adoption and the transition to HQAES is complete.

6) An explanation of any unusual patterns which may be revealed by the history, e.g., several consecutive, urgent buys. N/A

7) If a justification was prepared to support the procurement made before this one, briefly describe the circumstances justifying the buy and whether there have been any significant changes.

(a) N/A

(b) A justification was prepared to increase the contract capacity by $650,000 to a total of $15,650,000 in order to ensure continued support and sustainment of key environmental compliance programs for the Military with no interruptions in service. As discussed in paragraph five and eight, the Army is in the process of transitioning the EPAS Program from the EPAS Systems to HQAES.

b. Acquisition data availability. N/A

c. Unusual and compelling urgency. N/A

d. Subcontracting competition. N/A

11. 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.

--- u--- ,.. ·- 1'__/ .- Signature: A-?Cu:? /

Name: Brian Peck

Title: Project Manager, PD-EI Date: -~/.'-'t;:'-+:6-"-/---<-¥--"7;6.___,/.__=-3 __ _

12. 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.

Name: Neil D. Robison

Title: Chief, PD-E

Signature: ~~ Date: J/-J'-l-13

13. 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. Fair and reasonable cost will be derived by evaluation of Plateau's proposal against that of the government estimate. Certified cost or pricing data will be required.

Name: Sonya D. Rodgers

Title: Contracting Officer Section Chief, CT -S

Signature: ~1 ~ Date:~ oU/q

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

Name: Sonya D. Rodgers

Title: Contracting Officer Section Chief. CT -S

Signature:¥ ~ Date: /£'~ olbl 3

15. Business Operations Branch: I have reviewed this Justification permitting Other Than Full and Open Competition and concur with this action.

Name: Brett A. Bunch

Title: Supervisory Procurement Analyst Chief. Business Operations Branch

CONCURRENCE

Based on the foregoing justification, I hereby concur with the procurement of a new contract for the support and maintenance of the existing EP AS Systems on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 2304(c)(l), FAR 6.302-1 "Only One Responsible Source and No Other Supplies or Services will Satisfy Agency Requirements".

GOODMAN- Digitally signed byGOODMAN COOPER.ANTWINElTE.Ll239540992

(QQPER.ANTWJNETIE.L.12 ~~~~~~~~:~~~~~-ment,o~r-DoD,ou=PKI, 39540992 COOPER.AN1WINETTE.L1239540992

Signature: _________ o .. _e:2o_"·_,2_,_,09_:34-:4s--os·_"'· __ _ Date: _______ _

Name:

Title:

Signature:

Name:

Title:

Antwinette L. Goodman-Cooper

Assistant Associate Director Small Business Programs

Digitally signed by RICH.KENNETH.JEROME. 1068396111 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=RICH.KENNETH.JEROME.1 068396111 Date: 2013.12.16 09:32:54-0S'p,-"-o' _______ _

Kenneth J. Rich, Sr.

RPARC-ATL Counsel

Date: --------------

APPROVAL

Based on the foregoing justification, I hereby approve the procurement of a new contract for the support and maintenance of the existing EP AS Systems on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 2304(c)(1), FAR 6.302-1 "Only One Responsible Source and No Other Supplies or Services will Satisfy Agency Requirements," subject to the availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Name:

Title: Regional Principal Assistant Responsible for Contracting - Atlanta

(RPARC-ATL)