Web Migration Assistance Services

THIS IS NOT A RECOVERY ACT acquisition. Follow up award to Notice of Intent for AG-82X9-S-09-0094. JUSTIFICATION AND APPROVAL Justification for Other than Full and Open Competition (FAR 6.3) 1. Contracting Agency and Activity. The United States Department of Agriculture (USDA) United States Forest Service (USFS) Rocky Mountain Regional Office External Affairs Staff through the Central Tier Group of the RO AQM plans to contract by means other than full and open competition. This document sets forth the justification and approval for use of two exceptions to full and open competition allowed under the Competition in Contracting Act (CICA) of 1984. 2. Nature of Action Being Approved. This action entails assisting the USFS Rocky Mountain Region in transformation of up to 11 individual National Forest Internet sites within the Region (Region 2) from the existing Web architecture/template to the new standard portal as mandated by the U.S. Forest Service. A key aspect of this project is to work closely with the USFS employees who maintain their respective Web sites to enable them to become self sufficient in working with the new Web portal. The mandated deadline for the complete transformation of all sites to occur is March 1, 2010. 3. Description of Supplies or Services. The requiring program office is USDA USFS Rocky Mountain Regional Office External Affairs Staff. The service involves assisting up to 11 Region 2 National Forest and Grassland units and the Rocky Mountain Regional Office in migrating their Web site presence from the current template on the USFS Legacy servers to the new template within the new USDA portal environment. Work includes assisting with completing necessary information architecture spreadsheets, cleaning up the ensuing development site in preparation for making it live to the public, and training those, as needed, who will manage the Web sites following successful migration. The intent is for a requirements contract where work will be based on a delivery or task order basis with effective period of the contract from award to March 1, 2010. 4. Estimated Dollar Value. The estimated dollar value ranges from $30,000 not to exceed $100,000 (the Simplified Acquisition Threshold). The variance in estimate is due to uncertain status of all the sites within Region 2 as to their exact needs. Ascertaining these exact needs is problematic due to the centralization of many of the supporting positions involved in local Forest Internet Site management that in many cases has resulted in Web site maintenance becoming a secondary duty. Some Forests may require minimal technical assistance while some may require more thorough assistance. This phenomenon is due to the variant nature of the skill, experience, and workload levels of the resident Forest Web Managers as well as some Forests not having a resident Web Manager but relying on other Forests to cover their sites. There is a high degree of variability in the - quality or - attention some of Forest Internet sites have received, making the determination of their exact needs problematic. 5. Statutory Authority. Two FAR authorities are cited as the services needed inter-mix with both of them. 6.302-2 Unusual and compelling urgency. (a) Authority. (1) Citations: 10 U.S.C. 2304(c)(2) or 41 U.S.C. 253(c)(2). (2) When the agency's need for the supplies or services is of such an unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals, full and open competition need not be provided for. (b) Application. This authority applies in those situations where (1) An unusual and compelling urgency precludes full and open competition; and (2) Delay in award of a contract would result in serious injury, financial or other, to the Government. (c) Limitations. (1) Contracts awarded using this authority shall be supported by the written justifications and approvals described in 6.303 and 6.304. These justifications may be made and approved after contract award when preparation and approval prior to award would unreasonably delay the acquisition. (2) This statutory authority requires that agencies shall request offers from as many potential sources as is practicable under the circumstances. 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements. (a) Authority. (1) Citations: 10 U.S.C. 2304(c)(1) or 41 U.S.C. 253(c)(1). (2) When the supplies or services required by the agency are available from only one responsible source, or, for DoD, NASA, and the Coast Guard, from only one or a limited number of responsible sources, and no other type of supplies or services will satisfy agency requirements, full and open competition need not be provided for. B) Unacceptable delays in fulfilling the agency's requirements. (See 10 U.S.C. 2304(d)(1)(B) or 41 U.S.C. 253 (d)(1)(B).) 6. Rationale Supporting Use of Citation(s) in No. 5. Unusual and compelling urgency exists with this project. The USDA has become increasingly concerned about the security of the USFS Legacy servers. Indeed, in mid-April 2009, a major mal-ware attack prompted the servers to be shut down for over a week while mitigation and security containment measures were taken. In November 2008, the U.S. Forest Service Business Operations notified the Rocky Mountain Regional Office that the Legacy servers on which our Web sites currently reside would be decommissioned in 20 months, which would have meant July 2010. In late March 2009, the Rocky Mountain Region learned the agency's public-facing Web server (www.fs.fed.us) is slated to be decommissioned on March 1, 2010, shortening the time available for migration to the new portal by five months. Because many of the Rocky Mountain Region's Forests will need a assistance to complete the migration to the new portal environment and it is critical to have consistency across the Region's Web sites, the process to finish all 11 Web sites must begin now. Michelle Munroe of System 2 has a 20-year background in information technology including technical support, client/server, Internet technologies and high-end development including Content Management, Database Integration, Design Portals, Migration, On-line and On-site training, Infrastructure Development, and Security. These facts alone do not and cannot stand alone in support of this justification. The justifications, detailed below, are the present, immediate disposition of System 2 in relation to the USFS needs for the services and the unusual and compelling urgency of the work required. The key factors in justifying this action are System 2's nine-year work history with the United States Forest Service network, Internet, and systems. Ms. Munroe worked on a Webmaster team for 2003 wildfires for a five-state region; developed and trained staff on a new dynamic Web template; and trained staff on Web development and design, IT, and Internet security. She worked with a team to develop the Forest Service Job Corps Web site and re-designed the Rocky Mountain Area Coordination Center Web site. She is developing Web sites for the U.S. Forest Service Partnership with the National Get Outdoors Day and Colorado Kids Outdoors.org and has used the portal template needed to complete the work for this contract. Ms. Munroe's expertise in, experience with, and high performance with Web site issues of the Rocky Mountain Region coupled with her nearby physical location, ongoing professional relationships with the clients based on her work with U.S. Forest Service Internet site projects previously cited, and availability to begin the project immediately upon award make her the choice to support the U.S. Forest Service's mission in the assistance of getting the Web sites transformed. Time is of the essence with this project because the servers on which the Rocky Mountain Region's current Web sites reside will be decommissioned on March 1, 2010. Failure to meet this deadline will not only reflect badly on the U.S. Forest Service but more importantly will adversely affect our external customers and public. Taxpayers will have serious interruptions and degradations of services and information accessed through the Forest Internet sites. The Rocky Mountain Region intends for this contract to cover the minimal needs of basic migration assistance to the new Web portal whilst concurrently empowering the USFS employees associated with the Web sites to be self sufficient. The contractor will essentially be performing work that will reduce the need for such work as it progresses, and the USFS Web persons involved will become empowered with these capabilities. Ancillary work not essential to the basic migration and empowerment of existing USFS Webmaster of sanguine items associated with this project will be done in-house by the Forest Service, or if further contracting of like services is planned, and the key word here is planned, as required per FAR 7 Acquisition Plans, which the head of the agency is required to follow, the process will include normal competitive procedures. 7. The Efforts to Identify Additional Sources Including the Market Research Conducted. A notice of intent to sole source was posted, per FAR 5.201 on FedBizOpps on April 6th, 2009. It stated that sources may submit descriptive literature, full(y) documenting their capability to perform these services. FAR 6.302-1 (only one responsible source and no other supplies or services will satisfy agency requirements) was utilized as basis for the notice. FAR 6.302-2* (Unusual and compelling urgency) was not utilized initially as the extent of the urgency was not as comprehensively known at the time of the initial post of the Notice of Intent, thus precluding the posting of a notice on FedBizOpps. 5.202 Exceptions. The contracting officer need not submit the notice required by 5.201 when (a) The contracting officer determines that (1) The synopsis cannot be worded to preclude disclosure of an agency's needs and such disclosure would compromise the national security (e.g., would result in disclosure of classified information). The fact that a proposed solicitation or contract action contains classified information, or that access to classified matter may be necessary to submit a proposal or perform the contract does not, in itself, justify use of this exception to synopsis; (2) The proposed contract action is made under the conditions described in 6.302-2* (or, for purchases conducted using simplified acquisition procedures, if unusual and compelling urgency precludes competition to the maximum extent practicable) and the Government would be seriously injured if the agency complies with the time periods specified in 5.203; (3) The proposed contract action is one for which either the written direction of a foreign government reimbursing the agency for the cost of the acquisition of the supplies or services for such government, or the terms of an international agreement or treaty between the United States and a foreign government, or international organizations, has the effect of requiring that the acquisition shall be from specified sources; It was determined to publish the notice anyway under FAR 6.302.1 to ascertain, with the urgent need still in mind but not to the extent that was revealed later, what potential sources were practicable given the circumstances but primarily to openly address, with the intent of FAR Part 5, Publication of Contract Actions, increased competition for future related actions and to broaden future industry participation through awareness of such needs. The following firms submitted responses to notice: Crystal Clear Industries, Inc. - Albuquerque, New Mexico Musewerx, Inc. - East Brunswick, New Jersey Eumotif, Inc. - Phoenix, Arizona Norristown Data Processing (DBA) The Dekalb Group, a sole proprietorship - Norristown, Pennsylvania and Parker, Colorado 8. Future Plans to Permit Competition. Action to increase future competition is not required because there are no planned acquisitions for or related to this requirement, and none are likely to develop. (per the USFS project persons in charge of the requirement.) However, any such further actions of this nature that are contemplated to occur will have every effort applied to be competed if acquisition of the services is considered with emphasis on acquisition planning. 9. Recommendation and Certification from Program Office. Based on the above, I recommend this acquisition be conducted on the basis of other than full and open competition. I certify that technical data that forms a basis for this justification, which are the responsibility of technical or requirements personnel, are complete and accurate. _Gwen ErnstUlrich 4-22-09 R2 Corporate Communications Mgr.