N0010411RQ420 DON CIO JA AF rame IDIQ 08312011 by 1R9mes7

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									DEPARTMENT OF THE NAVY                           NAVAL INVENTORY CONTROL POINT
700 ROBBINS AVENUE                               5450 CARLISLE PIKE - PO BOX 2020
PHILADELPHIA PA 19111-5098                       MECHANICSBURG PA 17055-0788



        JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION
1. IDENTIFICATION OF AGENCY AND CONTRACTING ACTIVITY:
  a. Agency Name:
     Department of the Navy Chief Information Officer
     1000 Navy Pentagon
     Washington, DC 20374-1000
  b. Contracting Activity:
     Department of the Navy
     Naval Inventory Control Point
     ADP Modernization Contract Dept.
     Mechanicsburg, PA 17055-0788
2. NATURE/DESCRIPTION OF ACTION:
  This J&A is for the negotiation and award of a firm-fixed-price contract through other
  than full and open competition to A Frame Technology Assurance LLC, a small business
  located in Philadelphia, PA, for expert support services in the area of Commercial-Off-
  The-Shelf (COTS) software licensing and technology contracting.
3. DESCRIPTION OF SUPPLIES/SERVICES:
  a. The Department of Defense Enterprise Software Initiative (DoD ESI) requires expert
     services in the area of Commercial-Off-The-Shelf (COTS) software licensing and
     technology contracting, including systems integration services. A joint project of the
     DoD CIO, the DoD ESI is the only Defense and Intelligence Community (IC)-wide
     strategic sourcing initiative for Information Technology (IT) hardware, software and
     selected IT services. Accordingly, the breadth and depth of the DoD ESI’s mission
     requirements are unique. DoD ESI is without peers. The disaggregated,
     decentralized customer base and execution processes create complex challenges to
     this DoD/IC initiative.
  b. Specifically, DoD ESI requires assistance in:
        i.   developing and deploying best practices for the negotiation of software license
             and maintenance agreements and technology service agreements;
       ii.   coordinating cross-agency market research teams;
      iii.   recommending negotiation strategies and evaluation criteria;
      iv.    promoting agreements awarded by ESI;


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       v.    providing education, training, communications and other methods of
             awareness throughout DoD, including customer workshops and other
             communications and outreach support;
      vi.    developing and delivering market research tools, databases, Web-based
             applications, toolkits and tools, tutorials;
      vii.   assisting DoD ESI in the development and management of Enterprise License
             Agreements.
  c. The total estimated dollar value of this requirement is $4.85 million.
4. IDENTIFICATION OF STATUTORY AUTHORITY:
  a. This J&A is based upon the authority of the test program for commercial items,
     section 4202 of the Clinger-Cohen Act of 1996, as implemented by Federal
     Acquisition Regulation 13.501(a)(1)(ii).
  b. There is only one source and no other supplies or services will satisfy agency
     requirements.
5. DEMONSTRATION OF CONTRACTOR’S UNIQUE QUALIFICATIONS:
  This J&A supports a follow-on contract for the continued provision of the highly
  specialized services described in paragraph 3. The required services are available only
  from A-Frame Technology Assurance, LLC.
  A-Frame Technology Assurance is the only vendor that can meet the requirements in the
  PWS because they have specialized and in-depth functional and technical knowledge
  and experience with the ESI model and the DOD ESI products, pricing and educational
  tools. Personnel from A-Frame have served the DoD ESI mission for the past nine years
  and formed an allegiance to the DoD ESI buyer-side of the acquisition cycle. The A-
  Frame team is obligated to refrain from any activity that conflicts with the DoD ESI
  mission and foregoes other business opportunities to remain loyal to the DoD ESI. They
  have limited their scope of business operations to not conflict with ESI objectives.

      The A-Frame team has unique qualifications to provide valuable insight, education
  and negotiation support to the DoD ESI buyer community. A-Frame personnel have
  worked at software publishers, systems integrators and other technology companies and
  bring invaluable expertise to the DoD ESI team when planning and negotiating with
  publishers, integrators and other suppliers. The level of knowledge and skill is not easily
  replaced through other vendors, especially considering the conflict of interest limitations
  imposed on anyone who attaches their allegiance to the buying side of the acquisition.

      A-Frame has been instrumental in the development of the most important assets to
  be utilized by the DoD ESI contracting officers and software product managers in the
  coming years. These assets include the Blanket Purchase Agreement templates and the
  accompanied toolkit that defines the best practice process and methods to establish and
  manage the BPAs. A-Frame has developed a pilot database and portal application for
  the organization and management of ESI product, pricing, and sales report data. The
  pilot involves three publishers. Once the pilot capability is tested in September 2011, the
  remaining fifty or so publishers’ data will need to be organized and loaded. Additional
  capabilities have been requested by SPMs and KOs during the pilot development cycle
  and A-Frame may need to enhance the pilot capability to provide additional reports,
analysis and data management functions. The pilot can function alone but the
enhancements to be made to the pilot will need to be compatible with the database
schema and application architecture developed by A-Frame. A-Frame has valuable
knowledge and skill to help make the transition to the new system and support the KO
and SPM community to ensure proper use and adoption of the new ESI portal. Without
their continued support, the new system will likely fail.

The Army CHESS program has requested that A-Frame assist them in the design and
development of similar capability for the CHESS web site so that the ESI site and
CHESS site are compatible and can share data without interruption. A-Frame will be
leveraging many assets from the ESI pilot program to significantly reduce the time and
cost of the CHESS enhancements. CHESS also requires additional capability (e.g. RFQ
posting, shopping cart, etc…) to the existing ESI pilot application which could be
leveraged by ESI. A-Frame has designed the application architecture to be compliant
with the Army’s shift to Microsoft .Net and SQL database platforms. The transition to
these platforms will be more streamlined by using A-Frame’s existing team and toolset.

    Also developed by A-Frame is the Best Value toolkit that assembles best practice
tools and templates to acquire commercial software. Outreach and communications tools
have been developed by A-Frame for use by ESI vendors. A-Frame is also leading the
development of key assets to institutionalize software source code escrow management
across the DoD. Again, this effort is focused on the best practices from a licensee/buyer
perspective to ensure the DoD is protected if breaches occur and source code is
required, A best practice process, tools and templates are in design at this time and the
adoption of these best practices will require expertise from A-Frame as an advocate for
the DoD as a buying organization. Many of these tools are in the process of being
introduced to the ESI community and failing to use A-Frame to advance these tools and
provide education on the use of these tools will cause the ESI community to suffer in its
use of these assets. Significant money will be duplicated. No other company can provide
the continuity for adoption and education for these critical assets.
If a replacement team was to be sought for A-Frame and its personnel, in order to bring
the replacement team up to the same working knowledge and understanding as the A-
Frame team, it would cause a duplication of over $2,000,000 to do so. No other
contractor has the same focus or knowledge of the DoD ESI operations or is as
instrumental in the continued progress and adoption of best practices across the DoD
ESI. The Government estimates that award to any other source would result in incurring
an additional $1,536,000.00 in duplication of costs. The estimate comprises 7,680 man-
hours (4 man years) X $200/hr for a total of $1,536,000.00 for any other company to
acquire the necessary knowledge, skills and abilities needed to perform these highly
specialized services.
As such, it is likely that award to any other source would result in substantial duplication
of costs to the Government that are not reasonably expected to be recovered through
competition. Further, there would be unacceptable delays in fulfilling the agency’s
requirements. Since FAR 6.302-1 is cited for follow-on acquisition, as described in
6.302-1(a)(2)(iii), an estimate of the cost to the Government that would be duplicated
and how the estimate was derived is provided in paragraph 9 below.
6. COMMERCE BUSINESS DAILY ANNOUNCEMENTS:
  The Contracting Officer will synopsize the requirement in NECO and FedBizOpps.
7. DETERMINATION OF FAIR AND REASONABLE COST:
  a. The Contracting Officer anticipates that the cost to the Government will be fair and
     reasonable. A complete analysis of the contractor’s prices will be performed in
     accordance with FAR Part 15. Cost and pricing data will be obtained as necessary
     and analysis will be performed considering field pricing reports, commerciality,
     procurement history and other available cost and pricing information.
  b. A determination of fair and reasonable pricing as required by statute and regulation
     will be made by the Contracting Officer.
8. DESCRIPTION OF MARKET SURVEY:
  Market research, in accordance with FAR Part 10, was conducted through
  communication with other activities and major IT research and advisory service
  companies. Data obtained through market research was analyzed to determine whether
  or not any sources exist with the capability to satisfy the Government’s requirement. The
  requiring activity, SPAWAR Systems Center-Pacific (SPAWAR PACIFIC) has
  determined that no other (contractors/manufacturers) can provide the required services.
  Other companies researched include Censeo Consulting, Gartner Advisory Services,
  and Cowan and Associates. None of the companies exclusively focused on the buyer-
  side of the IT transaction and held the same product information management focus for
  database development and software licensing and pricing expertise exclusively for IT
  buyers. Certain companies were sub-contractors to large prime contractors which
  caused a potential conflict of interest for advisory services and access to ESI sales
  report data that is required for the ESI portal to be effective.
9. ANY OTHER SUPPORTING FACTS:
  a. The Government estimates that award to any other source would result in incurring
     an additional $1,536,000.00 in duplication of costs. The estimate comprises 7,680
     man-hours (4 man years) X $200/hr for a total of $1,536,000.00 for any other
     company to acquire the necessary knowledge, skills and abilities needed to perform
     these highly specialized services.
  b. As shown above, the Government could reasonably expect a new service provider to
     take over two years to acquire a similar level of knowledge skills and abilities to meet
     the Government’s needs based on the timeframe when intense market research,
     numerous interviews and lessons learned meetings, extensive preparation and
     planning meetings with DoD ESI and the DoD Services and Agencies, etc.,
     commenced. The Government needs these services in FY2012 so it cannot tolerate
     any delay caused by lack of the specialized expertise. As such, award to any other
     source would result in unacceptable delays in fulfilling the DoD ESI’s requirement.
10. LISTING OF INTERESTED SOURCES:
  N/A.
11. ACTIONS TO REMOVE BARRIERS TO COMPETITION:
  a. The DoD ESI is continuously engaged with industry to stay abreast of best practices
     and commercial trends. At this time, there are no known competitors that possess the
     unique skill sets of AFrame Technology Assurance LLC and do not have any
     affiliations which create an organizational conflict of interest.
  b. This continuous market research will be considered prior to awarding a follow on
     contract to AFrame Technology Assurance LLC.
12. STATEMENT OF DELIVERY REQUIREMENTS:
  a. Delivery Requirements:            Performance period: 1-yr base, & two, 1yr options
  b. Ship To/Place of Performance:     DON CIO and contractor facility.
  c. Estimated Value:                  $4.85 million.
13. REFERENCE TO APPROVED ACQUISITION PLAN:
  The Acquisition Strategy covering this requirement is attached.
14. DOCUMENTATION FOR SPARE/REPAIR PARTS ACQUISITION:
  Not Applicable.
  TECHNICAL AND REQUIREMENTS CERTIFICATION REQUIRED BY FAR 6.303-2(b)

       I certify that the facts and representations under my cognizance which are included in
this justification and which form the basis for this justification are complete and accurate.

TECHNICAL CERTIFICATION:


(Signature)                (Name and Title)             (Code)        (Phone)       (Date)


REQUIREMENTS CERTIFICATION:


(Signature)                (Name and Title)             (Code)        (Phone)       (Date)


               COMPETITION ADVOCATE REVIEW AND CONCURRENCE


(Signature)                (Name and Title)             (Code)        (Phone)       (Date)



     CONTRACTING OFFICER CERTIFICATION REQUIRED BY FAR 6.303-2(a)(12)

     I certify that this justification is accurate and complete to the best of my knowledge
and belief.


(Signature)                (Name and Title)             (Code)        (Phone)       (Date)



          REVIEWED FOR LEGAL SUFFICIENCY BY COUNSEL (OVER $500K)


(Signature)                (Name and Title)             (Code)        (Phone)       (Date)



                  APPROVAL REQUIRED BY FAR 6.304 (OVER $500K)


(Signature)                (Name and Title)             (Code)        (Phone)       (Date)

								
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