MICC_2015-32.pdf

MICC Control No. 2015-32 BRAGG 15-007

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

1. Agency/Contracting Activity: 900th CBN MICC-FB, Fort Bragg, North Carolina

2. Description of Action:

Nature: New Requirement Follow-on Order Mod to Existing Order Number W91QUZ-07-D-0004-1N04

Order against: Multiple Award ID/IQ Contract Number: W91QUZ-07-D-0004

Pricing: Firm-Fixed Price Time & Materials Cost Type

Funds: OMA Other Funds:

3. Description of Supplies or Services:

The task order is for Network Enterprise Command (NEC) Fort Bragg base operations. The proposed action is to extend services up to six (6) months for an estimated increase of $4.2M.

a. The supplies and services covered under this request for uninterrupted performance to Contract No. W91QUZ-07-D-0004-1N04 includes the services, materials, supplies, facilities, supervision, labor and equipment needed to perform as follows:

Automation: Web support; email; file/print server; PC desktop software and support; local area network; (Internet Service Provider (ISP); hardware and software management and management information.

Assurance: Information and information systems security and monitoring; PC security – user accounts/log-ins; passwords; network security; vulnerabilities analysis and assessments; anti-virus software and scans; safeguarding data; accreditation documentation; PC security user training.

The primary categories above services include but are not limited to the following tasks and sub-tasks: Network Transport Services, Telephony and SONET Transport Support Services, Video Teleconference Support Services, Infrastructure Installation and Maintenance Support Services – Network, Telephony, and Premise Cable, Infrastructure Project Management Support Services, Quality Assurance Support Services, Utility Locate Support Services, Security Escort Support Services, Operations Project Coordination Support Services, IT Contingency Planning Support Services, IT Service Management Support Services, Desktop Support Tier II Services, Desktop Automation Work Order Requests, Desktop Configuration Support Functions, System Administration Support Services, SharePoint Content Manager Support Services, Cybersecurity Policy Management Services, Cybersecurity Oversight and Compliance Support Services, Logistics Support Services. Services provided by the NEC require 24-hour management control of operations for activities to include non-tactical radio electronic

MICC Control No. 2015-32 BRAGG 15-007 maintenance, Local Area Network (LAN), Wide Area Network (WAN), and electronic switching system. These operations are critical for equitable, effective and efficient management of civilian and military personnel to support installation mission readiness and execution, enabling the well-being of Soldiers, civilians and family members.

4. Authority:

Section 803 of the National Defense Authorization Act of 2002 (PL 107-107), FAR 16.505(b)(2) and DFARS 216.505-70(b). The contracting officer shall give every awardee a fair opportunity to be considered for a delivery/task order exceeding $3,000.00 unless one of the following statutory exceptions applies. Mark the applicable exception:

The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays [FAR 16.505(b)(2)(i)(A)];

Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized [FAR 16.505(b)(2)(i)(B)];

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 [FAR 16.505(b)(2)(i)(C)];

It is necessary to place the order to satisfy a minimum guarantee [FAR 16.505(b)(2)(i)(D)]; or For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that purchase be made from a specified source [FAR 16.505(b)(2)(i)(E)]

5. Rationale/explanation to support cited authority:

a. The NEC Information Management Services are needed on a continuous basis to support the mission of the NEC and Fort Bragg. Any delay or intermediate change of contractor will disrupt critical mission operations of the day-to-day business operations as well as mission requirements. The existing contract provides for the development, support, and maintenance of critical mission requirements, which are vital to day-to-day business operations. The risk of not having this continuity of services would have a huge negative impact on all base operations including the deployment and redeployment of military personnel. A lapse in coverage or no transition period for transferring knowledge between vendors would result in increased cost and be extremely detrimental to the mission.

b. Competitive follow-on contract for NEC, beyond 28 January 2015 is not yet in place.

Pursuant to 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 original award was solicited as Unrestricted under Army CHESS (Computer Hardware Enterprise Software and Software) Information Technology Enterprise Solutions – 2 Services (ITES-2S). All awardees were given a fair opportunity to be considered. This extension will maintain the status quo for Information Technology (IT) Enterprise Solution Services to support the installation pending award of the follow-on

MICC Control No. 2015-32 BRAGG 15-007 contract. Additionally, by a meeting conducted on 15 October 2014, the Fort Bragg Contracting Office was notified that NEC Headquarters had determined that the follow-on competition would be conducted by the ACC-APG (Huachuca) Contracting Office as opposed to MICC Fort Polk or MICC Fort Drum. Accordingly, current milestones for this procurement are as follows:

Critical Milestones- Actual/Projected- Completion Date- ACC/APG Official Receipt of ARP (from NETCOM) Projected- 27 February 2015

Issue TOPR (Task Order Proposal Request) Projected- 27 March 2015

Proposals due Projected- 29 April 2015

Evaluations Projected- 12 June 2015

Task Order (TO) Award Projected- 26 June 2015

Phase In begins Projected- 29 June 2015

TO Full Performance begins Projected- 29 July 2015

c. The re-competition actions for the NEC IT Support Services requirement have been complicated by changes in requirements and contracting offices. The Network Information Command (NETCOM) has created an enterprise-wide contract which this requirement will be placed under. The Army Contracting Command-Aberdeen Proving Ground (ACC-APG) will incorporate this requirement in a new contract that is expected to be awarded in June 2015.

d. The NEC-Fort Bragg IT Support Services Contract was originally awarded under competition and a logical follow on is to request an extension of the current contract. This is so the follow-on competition at the end of the extension can be conducted by the ACC-APG and not the MICC-Fort Bragg as part of the Army’s communications standardization program.

The modification will ensure the continuation of contractor support for the NEC, Fort Bragg.

6. FAIR AND REASONABLE COST DETERMINATION: I hereby determine that the anticipated price for this contract action will be fair and reasonable. The techniques identified in FAR 15.404-1(b) will be used to ensure award will be at fair and reasonable prices. Finally, I will use the contractor’s previous year’s rates as authorized under the clause 52.217-8. Additionally, the techniques identified at FAR 15.404-1(c)(2)(iii)) will be used to further ensure award will be at fair and reasonable prices. Certified Cost and Pricing Data will not be obtained.

DATE: 21 January 2015 SIGNATURE:

Name: LaTanya E. Johnson

Title: Contracting Officer

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MICC Control No. 2015-32 BRAGG 15-007

7. Any other facts supporting the justification:

a. Contract number W91QUZ-07-D-0004-1N04 was competitively awarded using the Lowest Price Technically Acceptable (LPTA) fair opportunity selection process. The current contractor was selected as the low technically acceptable offeror. Total value of the current contract is $22,860,682.73.

b. The current contract is a Hybrid (FFP with Cost CLINs) CHESS Service Task Order. It was solicited as Unrestricted through CHESS. See Table 1.

Table 1

Contract Number

Contractor How Procured

(Type Set-aside)

Contract Type

Contract Amount

Period of Performance

Contractor Business

Size

W91QUZ-07-

D-0004-1N04

NCI

Information Systems, Inc.

Unrestricted FFP $22,860,682.73

EST

29 Sep 2011- 28 Sep 2014 including 2 option years

Large

c. The initial base ordering period was 29 September 2011; however, a stop work was issued on 4 November 2011 due to receipt of a protest. Performance resumed on 4 April 2012 through 28 January 2013. A modification was processed to adjust the periods of performance accordingly. The current contract will expire 28 January 2015.

d. The current Contractor is a large business. The Contractor is performing satisfactorily. It is anticipated that the need for these services will continue for the foreseeable future in order for NEC to effectively manage its mission.

e. Currently, the Fort Bragg NEC has one contract for IT Support Services, one contract for the BASECOM and ATS services. These will continue as separate contracts.

f. Mission: Fort Bragg is the Army’s largest installation in population. The installation encompasses approximately 160,832 acres (251 Square miles) and is home to the United States Army’s Airborne and Special Operations which include the Premier Contingency Forces: HQ, XVIII Airborne Corps; HQ, Army Special Operations Command; HQ, Joint Special Operations Command which serve every Combatant Commander. These three-star commands are postured for no-notice worldwide deployment by air, sea, and land. Fort Bragg is also home of the US Army Forces Command (FORSCOM) and the US Army Reserve Command (USARC), which oversee 70% of the Army’s war fighting capabilities. Other significant tenants include: the 82d Airborne Division, the United States Army Special Forces Command, the United States Army John F. Kennedy Special Warfare Center & School, the United States Army Civil Affairs and Psychological Operations Command, Joint Training and Experimentation Network (JTEN), and the 1st Theater Support Command. Fort Bragg supports over

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MICC Control No. 2015-32 BRAGG 15-007

60,000 military personnel, employs more than 20,000 civilian / contractor personnel, and serves a daytime population of over 90,000.

The NEC provides direct and indirect IT support for over 60,000 customers located in over 2,400 facilities to include Simmons Army Airfield, Camp MacKall and Pope Field.

Their primary focus is providing Land Warrior Network (LANWARNET) access and protection to the expeditionary forces based at Fort Bragg. The organization maintains an IT infrastructure valued at over

Personnel assigned under this task order will be located across the entire organization.

(1) Alternatives: There are four (4) alternatives that were considered; (a) suspension of operations, (b) use in-house resources, (c) a limited competition among several interested CHESS vendors, or (d) extension of the current contract. The only acceptable course of action at this time is the extension of the current contract for the following reasons:

(a) Suspension of operations: Army’s mission. Interruption of these services will not only seriously jeopardize Fort Bragg’s ability to provide mission essential training, but it will have a negative impact on the aforementioned world-wide, persistent military, security and training requirements.

(b) Use in-house resources: The current contractor NCI Information Systems, Inc. employs approximately personnel for the work associated with this contract. The remaining inherently governmental-in-nature and management positions are insufficient to assume this workload of specialized personnel. Fort Bragg currently has no available military or civilian personnel with skill sets in the technical and craftsman work areas that would be available to perform duties under this contract. The unique expeditionary and special missions supported by Fort Bragg organizations eliminate temporary coverage from any of the specially trained personnel. Without on-hand substitutes, it would take far longer than 90 days to recruit and hire through the civilian personnel system, even assuming the NEC could obtain the necessary exceptions and approvals for such actions. It would then take another 90 days to train this number of personnel to support the current requirement. The proposed task order period renders this alternative unrealistic because the NEC requires an extension of 180 days.

(c) Limited Source Competition Among CHESS Vendors: There is insufficient time for developing, soliciting, evaluating, and awarding a competitive contract of this magnitude. The follow-on contract replacing this new extension will be award competitively by ACC-APG. A limited competition for these same services would incur a gross duplicative cost and manpower effort due to the ongoing re-procurement by ACC-APG. Additionally, due to the added phase-in period, there is not enough time

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MICC Control No. 2015-32 BRAGG 15-007 to allow a proper transition if a new contractor were to be awarded a limited competitive award. This is not a suitable alternative.

(d) Extension of the current contract: Extension of the current contract is the only acceptable alternative. The incumbent contractor, NCI Information Systems, Inc., is the only source reasonably available to provide the required services for the requested extended period of performance until follow-on contracts are awarded. NCI Information Systems, Inc. has the labor structure in place that will ensure the continuity of operations of services for the requested additional six months.

(2) Justification:

(a) In accordance with 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. NCI Information Systems, Inc.

is the only logical source available that will satisfy the continuous support for this mission. Award to any other source would result in a substantial duplication of cost to complete the action and cause the Government to incur significant costs. The magnitude and complexity of management and services performed under this contract requires a minimum of a 30 day phase-in period. If awarded to other than NCI Information Systems, Inc., a new contractor would be required to recruit, mobilize and train approximately personnel to meet the current mission. Additionally, this costly and inefficient process might need to be repeated in just six (6) short months when the competitive follow-on is awarded. An additional six (6) months of performance under the existing contract will allow sufficient time to complete procurement actions and have a follow-on contract in with a maximum of only one transition period.

(3) Impacts: Failure to continue the Information Technology Support Services under the current contract will result in serious degradation of support services to the Army. As stated above in 7.f., the persistent and the broad scope of requirements of the expeditionary forces are enabled by the services in this contract. These services are vital for the installation to accomplish its information technology support mission. This allows the Army the ability to provide mission essential training and would have a negative impact on world-wide, persistent military, security and training requirements.

8. Actions to Increase Competition: Competition was obtained on the current contract. This is merely an interim solution for allowing a competitive follow-on under the Army communications standardization. It is in the best interest of the Government to extend the contract and provide uninterrupted service until the follow-on contract for Information Technology Support services can be awarded.

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MICC Control No. 2015-32 BRAGG 15-007

9. Contract Specialist: I have reviewed the supporting data which is included in this abbreviated J&A and to the best of my knowledge and belief, is accurate and complete.

DATE: 21 January 2015

10. CONTRACTING OFFICER CERTIFICATION: I certify that this Justification is accurate and complete to the best of my knowledge and belief.

DATE: 21 January 2015

11. Technical / Requirements Certification: I certify that the supporting data under my cognizance which is included in this limited sources justification is accurate and complete to the best of my knowledge and belief.

DATE: 22 January 2015

12. Review:

Local Small Business Specialist: I have reviewed this justification and have no Small Business concerns.

DATE: 23 January 2015

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

DATE: 21 January 2015 SIGNATURE:

Name: LaTanya E. Johnson

Title: Contracting Officer

14. CBn Commander’s Approval: I hereby certify that this limited source justification is accurate and complete to the best of my knowledge and belief. Based on the foregoing, I concur with the Contracting Officer’s approval of this limited source justification.

DATE: 27 January 2015

15. MICC Legal Counsel: I have reviewed this justification and have no legal objection.

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MICC Control No. 2015-32 BRAGG 15-007

Approval

Based on the foregoing justification, I hereby approve the procurement of NEC Base Operations Contract from NCI Inc at an estimated $4.2M as an exception to fair opportunity. Pursuant to National Defense Authorization Act of 2002 (PL 107-107), FAR 16.505(b)(2) and DFARS 216.505-70(b), exception, 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 [FAR 16.505(b)(2)(i)(C), subject to the availability of funds, and provided that the services herein described have otherwise been authorized for acquisition.

DATE: 27 January 2015 SIGNATURE:

Mr. Dean M. Carsello Advocate for Competition US Army Mission and Installation Contracting Command FSH TX

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