M04 HQ003419F0506_P00029_Part_8_JA_SASP_BAH_6Mos Ext.pdf.pdf

DEPARTMENT OF DEFENSE

WASHINGTON HEADQUARTERS SERVICES

1155 DEFENSE PENTAGON

WASHINGTON, DC 20301-1155

Control No. WHS-2024-1486-JA September 27, 2024

JUSTIFICATION FOR LIMITED SOURCE JUSTIFICATION (LSJ)

UNDER FEDERAL ACQUISITION REGULATION SUBPART 8.4

1. AGENCY AND CONTRACTING ACTIVITY: The Department of Defense (DoD), Washington Headquarters Services, Acquisition Directorate (WHS/AD), Enterprise Office of the Secretary of Defense Division (EOSD), Technical Analysis Branch (TAB) on behalf of the Office of the Under Secretary of Defense for Intelligence and Security (OUSD(I&S)) Special Activities and Special Programs (SASP).

2. DESCRIPTION OF ACTION: OUSD(I&S) has a continuing need for Specialized and

Sensitive Administrative, Budget, Policy, Operations, and Analytic Support provided under task order no. HQ0034-19-F-0506, which was awarded to Ian, Evan & Alexander Corporation (IEA-Everwatch), now owned by Booz Allen Hamilton, Incorporated (BAH). The current contract expires September 27, 2024, and the Government intends to extend the current task order period of performance (POP) for continuity of services.

The Government is working to establish a Blanket Purchase Agreement (BPA) to support this effort, and the requirement is currently going through the procurement evaluation process for award. On September 25, 2024, a bid protest was filed against the BPA awards. Therefore, an extension will be required to continue services while the Government completes its source selection process. The extension will be awarded as a hybrid Firm-Fixed Price (FFP), Labor Hour (LH) and Time-and-Materials (T&M) contract type, with a total value of $5,044,178.40, using Fiscal Year 24 Operation and Maintenance Funds. The POP will be extended from September 28, 2024, to March 27, 2025.

3. DESCRIPTION OF SUPPLIES/SERVICES: SASP has a requirement to obtain Specialized and Sensitive Administrative, Budget, Policy, Operations, and Analytic Support in the areas of budgetary analysis, technical collection, Human Intelligence, and intelligence support to cyberspace and electronic warfare operations, analysis, special programs, sensitive activities, and mission integration.

This requires expertise in security, resource requirements, formulating strategies, strategic planning and concept development, program analysis and evaluation, policy, and development of solutions that assist with the decision-making process, and other areas related to the mission of OUSD(I&S).

The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform services as defined in the contract Performance Work Statement (PWS), except for those items specified as government-furnished property and services. The Contractor shall perform to the standards in the contract. The Contractor’s performance and deliverables shall provide wide ranging specialized and sensitive administrative and operational program support at the direction of the Director of SASP.

4. CIRCUMSTANCES JUSTIFYING LIMITED SOURCES: This action is under the procedures of Federal Acquisition Regulation (FAR) 8.405-6(a)(1)(i)(B), “Only one source 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.”

Failure to extend these services and losing the support and expertise of the BAH contract team would result in incalculable delays that would derail or halt progress on missions across SASP. These delays would impact the SASP’s on-going efforts to develop directives, perform oversight functions, and execute processes that impact over $18 Billon of DoD investment in strategic capability development. SASP resides within OUSD(I&S) and provides necessary support to develop broad thematic guidance focused on strategic capabilities and key adversaries; promulgate competitive strategies focused on specific defense issues. SASP works across the DoD, with the Intelligence Community (IC), and with Non-Defense Federal Departments and Agencies (NDFDA) to develop integrated directives to align Operations, Activities, and Investments (OAI) for an influential effect in support of the National Defense Strategy (NDS). SASP is responsible for oversight of all defense intelligence support and initiatives within the Department of Defense. In addition, to accomplish the work within the allotted schedule, an extension must seamlessly follow the initial effort to maintain continuity of services.

Therefore, an extension to HQ0034-19-F-0506 is needed to maintain continuity of services and is the most logical and cost-effective solution to the Government, as a break in support is unacceptable and would cause detrimental mission failure to OUSD(I&S) and across the DoD, IC, and with OAI initiatives with NDFDA.

SASP contract personnel provide critical support to the daily operations of SASP and its subordinate directorates. The BAH contract team are embedded with OUSD(I&S) staff and have special and current knowledge about Defense Intelligence Enterprise initiatives happening across the DoD. An extension to BAH avoids unacceptable delays in fulfilling the administrative, budgetary, analytic, and operational objectives of SASP and adverse impact on OUSD(I&S) SASP initiatives.

In addition, SASP and its directorates rely heavily on a multisector workforce comprised of Government civilian and BAH Contractor personnel. Failure to extend support services poses significant risk to SASP’s ability to effectively perform its mission due to the amount of time, on average six weeks, required to get new contract personnel on ramped and up to speed on contract performance requirements, which does not include other contract actions required to attempt to make use of any other existing contract vehicles whose PWS may or may not have the scope required to address SASP requirements. The expert functional and historical knowledge of the BAH personnel are key to SASP being able to continue to perform its mission while the Government works to award a long-term contract.

Furthermore, SASP is responsible for providing timely data, responses, or solutions in a prescribed method by a set deadline to the DoD and Congress. Positively affecting defense intelligence oversight in a consistent manner becomes strained when SASP provides an untimely response to an inquiry. This, in turn, leads to delays in approving plans and concepts which ultimately impacts DoD Components’ ability to execute their assigned missions. The current contract team has a depth and breadth of knowledge that cannot be easily replaced or duplicated without a significant gap in services if an extension is not executed. Continued specialized support of contract personnel is necessary to continue SASP’s ability to meet requirements across the DoD. The potential for losing this expert contract support for any protracted period while awaiting the follow-on competitive contract award poses a serious and significant risk to SASP affecting its mission.

5. BEST VALUE DETERMINATION: The Contracting Officer (CO) determines that the anticipated prices will be fair and reasonable by using the techniques identified at FAR 15.404-1 “Proposal Analysis Techniques”, specifically FAR 15.404-1(b)(2)(ii) and FAR 15.404-1(b)(2)(v) to ensure award will be at fair and reasonable prices. In addition, the Government will compare proposed prices set forth by BAH to historical prices paid by the Government under the current contract, HQ0034-19-F-0506. The Government will also compare proposed prices with the Independent Government Cost Estimate prepared for the POP extension.

6. MARKET RESEARCH: Due to the urgent need to extend services to avoid a lapse in contractor support, the Government posted a “Notice of Intent” on SAM.GOV to notify industry of its intent to extend services on September 26, 2024. The NOI posted received a response from a vendor who was interested in the requirement. The CO promptly responded and informed the vendor this was not a solicitation or request for proposal, and we were currently going through a source selection process. The vendor did not respond nor challenge the Government’s response.

7. OTHER SUPPORTING FACTS: Due to the irreparable damage that may result to

SASP's mission should services be interrupted with a gap in services during the bid protest process; a POP extension will be negotiated with BAH to provide services while the Government continues its procurement evaluation for potential award.

8. ACTIONS TO REMOVE OR OVERCOME ANY BARRIERS THAT LEAD TO

THE RESTRICTED CONSIDERATION BEFORE ANY SUBSEQUENT

ACQUISITION FOR THE SUPPLIES OR SERVICES IS MADE: This requirement was initially competed with fair opportunity to the vendors deemed capable and eligible under the establishment of the WHS-AD OUSDI Enterprise multiple award BPA via the General Services Administration (GSA) Multiple Award Schedule (MAS) 8(a) Pool.

However due to bid protests filed against awards made from the fair opportunity solicitation, and severe time constraints due to the protests being filed days before the end of the fiscal year, the Government must restrict award consideration and implement an extension to BAH while the Government works corrective action addressing the protest allegations, continuing the acquisition process. Soliciting an open competition for a bridge contract for these services will take at least 180 days, which would cause a gap in services. SASP’s mission cannot afford any interruption of services or resultant gap in services to compete an additional contract during the bid protest. There could be irreparable damage to SASP's mission should services be interrupted and/or delayed.

9. If this acquisition is for new work as a logical follow-on to on original Federal Supply Schedule (FSS), was the original order was placed under the FSS ordering procedures?

☒Yes, the original acquisition was issued on a competitive basis.

☐No, a copy of the previous justification is attached. The actions to remove any barriers to competition cited on the previous justification ☐ were ☐ were not completed.

☐Not Applicable. This is a new requirement.

CERTIFICATION

I, hereby, certify that the supporting data under my cognizance included in this justification are accurate and complete to the best of my knowledge and belief.

Contracting Officer’s Representative/Program Office Date

Contracting Officer Date

APPROVAL

This justification is approved.

David H. Kao, Competition Advocate

Date