J AAFSI.pdf

JUSTIFICATION REVIEW DOCUMENT

Program: General Funds Enterprise Business System

Authority: 10 U.S.C. 2304c(b)(3) and FAR 16.505(b)(2)(i)(C) and DFARS 216.505-70(b)(2)

Amount: $3,200,000.00

Prepared by:

Typed Name: Mr. Anthony Pierce Date: ____________ Title: Contract Specialist DSN: (703) 325-6987 Email: anthony.pierce2@conus.army.mil

Contracting Officer:

Typed Name: Mr. Daniel J. Keyes Date: ____________ Title: Contracting Officer DSN: (703) 325-2307 Email: Daniel.keyes@conus.army.mil

Technical/Requirements Representative Typed Name: Mr. Earle Mundell Date: ____________ Title: Contracting Officer Representative DSN: (703) 682-3670 Email: earle.mundell@us.army.mil

Reviews: I reviewed this limited source justification and find it adequate to support other than a competitive basis.

Program Manager Typed Name: Col Patrick Burden DSN: (703) 682-3650 Signature: _____________________ Date:____________

Legal Counsel Typed Name: Mr. Daniel Pantzer DSN: (703) 428-0685 Signature: _____________________ Date:____________

BURDEN.PATRICK.WESL

EY.1110078486

Digitally signed by BURDEN.PATRICK.WESLEY.1110078486 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=BURDEN.PATRICK.WESLEY.1110078486 Date: 2012.03.28 17:19:55 -04'00' 03/28/12

PANTZER.DANIEL.1242884

Digitally signed by PANTZER.DANIEL.1242884597 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=PANTZER.DANIEL.1242884597 Date: 2012.03.29 14:36:44 -04'00' 03/28/12

03/21/12

03/22/12

03/22/12

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

1. Contracting Activity: U.S. Army Contracting Command, National Capital Region (ACC-NCR), 2461 Eisenhower Avenue, Alexandria, VA 22331.

2. Description of Action: Approval is requested to extend the current Program Management Support Services II (PMSS2) task order for services supporting the following primary areas associated with the GFEBS program: (1) Project Administration; (2) Project Management Office Support; (3) Functional Analysis Support; and (4) DoD Acquisition Process Support.

This action is proposed as an exception to the fair opportunity process under FAR 16.505(b)(2)(i)(C) and DFARS 216.505-70(b)(2). The desired services are currently provided under Task Order number W91QUZ-08-D-0007-0001, which expires on 31 March 2012. The proposed procurement is to provide a four month extension (consisting of a one month base period, and three one month option periods) to the current contract to allow services to continue while a GAO protest is adjudicated. The estimated value of this action is $3,200,000.00, which represents the verified minimum needs of the Government over the duration of the requested extension period, and which will be funded with Army Operations and Maintenance funds (OMA).

3. Description of Supplies/Services: The services provided under this task order support the GFEBS PMO to enable it to meet the GFEBS project mission. The GFEBS program is an Army-wide financial management system, and is designed to replace legacy Army financial systems with a single Enterprise Resource Planning (ERP) application using SAP software.

The GFEBS system deploys incrementally to different Army sites in “Waves.”

The current PMSS2 task order provides a broad spectrum of services, such as analyzing requirements, recommending solutions, providing efficient functional and project management support and supporting GFEBS pre-deployed and deployed locations worldwide. This task order requires:

a. Project Administration by the Contractor Program Manager. Tasks include:

- Convening a project kick-off meeting to provide information such as the Transition-In Plan and a draft Quality Assurance and Surveillance Plan (QASP);

and

- Providing a Transition-Out Plan, Program Management Plan; weekly status meetings; monthly status reports and trip reports

b. Support for the Project Management office. Task includes:

- Administrative support, project and cost management, and economic analysis.

- Providing support to the GFEBS PMO by reviewing the GFEBS Systems

Integrator (SI) project status, resolving issues, addressing administrative matters and assisting in the implementation of the GFEBS system;

- Providing support to the GFEBS PMO to ensure that the GFEBS SI complies with all security requirements, completes information assurance preparation and updates to security accreditation packages for the GFEBS program, and ensures the security design is appropriate and will support future system upgrades. The Contractor shall provide guidance and advice for all security aspects of the system implementation project from the customer’s perspective; and

- Provide Deployment, Training, Operations and Sustainment Support.

c. Support for Functional Analysis by responding to help desk questions related to the GFEBS releases, providing solutions to known problems, providing metrics on system utilization, coordinating with the developer for solutions, analyzing and recommending changes to business processes, working with customers on role assignments and assisting the deployment team with site visits to Army installations world-wide.

d. Support the DoD Acquisition Process by:

- Coordinating meetings with acquisition offices and personnel, developing presentations, providing appropriate meeting support, planning and conducting Working-level Integrated Product Teams (WIPTs), and providing Information Technology (IT) Overarching Integrated Product Team (OIPT) support for preparation and submission of milestone approval documentation for the GFEBS project.

4. Authority Cited: Section 2304c(b)(3) of title 10 of the United States Code, and as implemented in FAR 16.505(b)(2)(i)(C) and DFARS 216.505-70(b)(2), which states that “[t]he task 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.”

5. Reason for Authority Cited: The Government awarded a GFEBS support services task order to L3 Services on 28 February 2012 pursuant to a fair opportunity competition under the PMSS2 Indefinite Delivery Indefinite Quantity (IDIQ) contract, which was open to all awardees under the PMSS2 IDIQ. All PMSS2 contract holders were offered a chance to compete for the newly-awarded TO. On 8 March 2012 the Government received notice from the Government Accountability Office (GAO) of a protest from Binary Group (the incumbent contractor). Resolution from GAO is expected by 18 June 2012, but it is possible that some additional time may be required in the event GAO sustains the protest and recommends corrective action at that time. Binary based their protest on the following grounds:

A. L-3 improperly proposed key personnel that it had no intention of providing during performance.

B. The Army’s need and number of required personnel required has changed and therefore the agency must revise the solicitation to reflect the agency’s current, actual needs.

C. Because of the significant changes in the Army’s requirements, the evaluation was irrational and/or based on a different evaluation scheme than the one contained in the solicitation.

D. The Agency’s evaluation was irrational and unequal.

E. The agency made unsupported changes to the SSEB Report and/or award recommendation before award.

F. The agency’s best value determination was flawed.

Due to the size and complexity of the GFEBS program and the incumbent contractor’s historical knowledge of the GFEBS program, the contracting officer determined that a four-month extension (consisting of a one-month base period, and three one-month option periods) is required until the protest is adjudicated.

The proposed procurement will be the third extension of the GFEBS support services task order. This procurement is a logical follow-on of the current extension in that the extension will continue the work performed under the current task order. Contingent upon the adjudication of the GAO protest, the end result will be an award to a new contractor or the incumbent contractor. The protest is expected to be resolved within the 100-day timeframe of the protest filing date.

Without a task order in place on 1 April 2012, a break in service will occur. The GFEBS mission will be jeopardized and will be threatened with failure if the desired services are not provided on time. GFEBS is currently preparing for the deployment of Wave 8a of the GFEBS application to CONUS Army sites with the larger major commands such as AMC and DPW. If Wave 8a is delayed, then the deployment timeline will be delayed, resulting in higher costs and adverse impacts to the contract and deployment schedule.

The Army Materiel Command (AMC) Army Test Command (ATEC) and various other PEO programs are scheduled to begin deployment of GFEBS under Wave 8a and will not have the ability to meet their Go Live timelines which would result in these programs not being able to provide accurate, reliable, and real-time financial and real property data for cost management activities. In addition these programs would not have the ability to provide real-time visibility of transactions, integrated data, and full cost data which enables decision-makers to better leverage current resources and enable better analyses of resource implications for programs and budgets. Failure to approve an extension of services will result in the loss of support services at a critical time – pre-deployment preparation for Wave 8a – and loss of historical knowledge of the processes, risks, vulnerabilities and collaboration required for a possible transition from the incumbent contractor to a new incoming contractor.

The proposed procurement is in the interest of economy and efficiency because it will cost more and be more inefficient to transition to a new contractor for 30 days, and then possibly transition again to the contractor that was awarded the follow-on task order under the PMSS2 contract. The new contractor would incur significant ramp up cost in order to train and provide qualified personnel in such a short notice. In addition the government would be obligated to pay two contractors at the same time in order to provide enough time for a transition period from the incumbent contractor to the new contractor. If and when the protest is resolved the government will possibly have to pay for a third transition period. No economy is achieved by awarding this extension to a new contractor, only to have to transition this task order to a different contractor once the protest has concluded. In fact, the extra cost for two possibly three transitions will unnecessarily consume more funds in an already constrained budgetary environment.

In sum, it is in the Army’s best interest to extend the task order to the incumbent contractor to ensure critical GFEBS support and deployment throughout the Army.

Furthermore, the extension meets both the minimum needs of the Government and reflects sound business judgment.

6. Efforts to Obtain Competition: For the reasons stated in paragraph 5, this procurement should not be competed. Due to the short timeframe and the size and complexity of the GFEBS program and the incumbent contractor’s historical knowledge of the GFEBS program, it is determined that this procurement should not be competed.

7. Actions to Increase Competition: A fair opportunity competition was conducted to award this task order, prior to the protest, under the PMSS2 IDIQ contract IAW FAR 16.505(b).

8. Market Research: Market research was conducted by the GFEBS Program Office from November 2010 through January 2010 to evaluate whether the GFEBS PMO should re-compete its current support services task order or perform the support work internally with Government personnel. The market research helped guide the acquisition strategy. The GFEBS PMO determined that re-competing the requirements under the PMSS2 IDIQ contract was in the best interest of the Government. No market research was conducted for the proposed extension that is the subject of this Justification for the reasons identified above.

9. Interested Sources: To date, no other sources have written to express interest in the extension of services. Any bids or proposals received shall be considered. A justification for this award will be posted IAW FAR 16.505 (b) (2) (ii)(D) within 14 days of award date.

10. Other Facts:

a. Procurement history.

(1) Contract numbers and dates of the last several awards.

- Task Order W91QUZ-08-D-0007 0001 was awarded on 25 May 2010 under the Program Management Support Services IDIQ contract W91QUZ-08-D-0007 with a twelve-month base period and two, one–year option periods. The total value of this task order at time of award was $32,252,300.40 ($11,182,846.40 for the base period).

- Task Order W91QUZ-09-D-0039-0014 was awarded on 28 February 2012 under the Program Management Support Services IDIQ contract W91QUZ-09-D-0039 with a twelve-month base period and two, one-year option periods. The total value of this task order at the time of award was $32,499,349.39 ($11,234,146.90 for the base period)

(2) Competitive status of these actions. Task Orders 0001 and 0014 were competed pursuant to FAR 16.505, through fair opportunity competitions. The task orders were competed among all PMSS2 contract holders.

(3) Authority previously used for less than full and open competition. Section 2304c(b)(3) of title 10 of the United States Code, and as implemented in FAR 16.505(b)(2)(i)(C) and DFARS 216.505-70(b)(2).

(4) A Request for Proposal was sent to all awardees of the PMSS2 IDIQ contract on or about October 12, 2011. Four contractors submitted proposals to the Government on or about 31October 2011. Thereafter, evaluations of the proposals commenced.

During the evaluations, this contracting office executed an extension for four months (pursuant to FAR 16.505(b)(2)(i)(C)), which was approved to allow time for the completion of the task order evaluations, debriefings, and award of the task order with a 30-day transition period should a contractor other than the incumbent contractor be awarded the re-competed task order.

(5) The prior award was the award of Task Order W91QUZ-08-D-0007-0001, which was awarded pursuant to fair opportunity. The changed circumstances and reason for requesting an extension of services are described in paragraph 5 herein.

(6) This is the third extension of services requested. The Government received a protest from GAO on 08 March 2012. Immediately upon receipt of this protest the Government stopped work on the awarded task order IAW FAR part 33. This extension is being requested to provide a four-month extension to the current task order to allow services to continue while a GAO protest is adjudicated.

(7) a. As a result of the protest all work was suspended (pursuant to FAR 33.104

(7)(C)(1))pending resolution of the protest with GAO.

b. Acquisition data availability. N/A

c. Unusual and compelling urgency. N/A

11. Technical/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.

Typed Name: Mr. Earle Mundell Date: ___________________ Title: Contracting Officer Representative Signature: ____________________

12. Fair and Reasonable Cost Determination/Cost and Best Value Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable and the award represents the best value consistent with 16.505(b)(5). Labor rates are already established in the Task Order W91QUZ-08-D-0007- 0001. The proposed labor mix and hours will be evaluated with technical input and by comparing the labor rates amongst the five awardees of the PMSS2 IDIQ base contracts for this period to ensure that the costs proposed are reasonable.

Typed Name: Mr. Daniel J. Keyes Date: ____________ Title: Contracting Officer Signature: ____________________

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

Typed Name: Mr. Daniel J. Keyes Date: ____________ Title: Contracting Officer Signature: ____________________

03/28/12

MUNDELL.EARLE.D.123

0225679

Digitally signed by MUNDELL.EARLE.D.1230225679 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=MUNDELL.EARLE.D.1230225679 Date: 2012.03.28 15:57:12 -04'00'

03/28/12

KEYES.DANIEL.1232129928

Digitally signed by KEYES.DANIEL.1232129928 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=KEYES.DANIEL.1232129928 Date: 2012.03.29 13:31:43 -04'00'

03/28/12

KEYES.DANIEL.1232129928

Digitally signed by KEYES.DANIEL.1232129928 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=KEYES.DANIEL.1232129928 Date: 2012.03.29 13:32:06 -04'00'

APPROVAL

Based on the foregoing justification, I hereby approve the procurement of the GFEBS PMO services described above using an exception to fair opportunity pursuant to the authority of the 10 U.S.C. 2304c(b)(3), as implemented in FAR 16.505(b)(2)(i)(C) and DFARS 216.505- 70(b)(2), subject to the availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Date: ___________________ Signature: _______________ Special Competition Advocate

WOODSON.JACQUELI

NE.C.1049241530

Digitally signed by WOODSON.JACQUELINE.C.1049241530 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=WOODSON.JACQUELINE.C.1049241530 Date: 2012.03.29 15:26:23 -04'00'

29 March 2012