JEFO_LFO_N6264521F0088_8Mar21.docx

JEFO Number: 21-00014

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

1. IDENTIFICATION OF AGENCY AND CONTRACTING ACTIVITY: This Justification for an Exception to Fair Opportunity (JEFO) is executed by the Naval Medical Logistics Command, Fort Detrick, Maryland on behalf of the Naval Medical Research Unit San Antonio (NAMRU-SA), 3650 Chambers Pass, Bldg. 3610, Fort Sam Houston, TX 78234-6315.

2. NATURE/DESCRIPTION OF CONTRACT ACTION: The Government intends to negotiate a logical follow-on Task Order for the existing research support services currently being provided. The contract expires on 2 September 2024 unless extended pursuant to FAR 52.217-8, however, task orders may be solicited and awarded prior to the OASIS term expiring and may extend up to 5 years after expiration of the OASIS-U master contract.

3. DESCRIPTION OF REQUIRED SUPPLIES/SERVICES: The follow-on task order will mirror the research support services currently being provided, which is to provide support services to NAMRU-SA and its collaborating institutions in the conduct of the following research areas: expeditionary and trauma medicine, cellular and immune based adjuncts for casualty care, directed energy and bioeffects, systems engineering and evaluation, epidemiology and biostatistics, environmental surveillance and biomaterials, and maxillofacial injury and disease in consonance with the mission of the Combat Casualty Care and Operational Medicine and Craniofacial Health and Restorative Medicine directorates.

The follow-on task order will have a base period of performance (PoP) of 27 February 2021 through 26 February 2022. In addition, a not-to-exceed 6-month option period will also be included and evaluated, in accordance with 52.217-8, for a potential PoP from 27 February 2021 through 26 August 2022.

4. IDENTIFICATION OF THE EXCEPTION TO FAIR OPPORTUNITY: In accordance with FAR 16.505(b)(2) (i)(C), the new work is a logical follow-on to an original order which was competed in accordance with the applicable contract ordering procedures. Due to the nature of the acquisition for the research support services currently being performed under a task order, it is in the best interest of the Government to negotiate a logical follow-on allowing for the most effective use of resources. Because the new work is the same work currently being provided, the cost and time associated with recruitment, cost and time of processing background checks to include eligibility for secret clearances, training requirements related to the research efforts, and administrative costs and time associated with the lengthy onboarding process has already been incurred under the current task order. As a result, this may result in lower costs for these logical follow-on services. Re-competing the services currently being filled would result in substantial duplication of cost to the Government, and potentially duplication of efforts if awarded to a new contractor, all which are not expected to be recovered through competition for services that include a 12-month period of performance, with a potential not-to-exceed 6-month option period. Government duplication of costs include the time of technical and contracting personnel to review the requirement, solicit the requirements, evaluate proposals, and award of task order. In addition, the possibility of changing contractors may require a complete change in current staff, disrupting the mission of the Combat Casualty Care and Operational Medicine and Craniofacial Health and Restorative Medicine directorates at the NAMRU-SA. Additionally, maintaining the current contractor and resources, who possess the knowledge, skillset, and experience required to complete the required laboratory research, at this critical time will ensure the integrity of the ongoing research projects and those projects that have been delayed due to the lengthy closures experienced by NAMRU-SA within the last 11 months due to the COVID-19 pandemic. The current services will be followed on with Leidos based on there being no change in scope to the current requirement.

5. DETERMINATION OF FAIR AND REASONABLE COST: The Contracting Officer will determine, using the procedures in FAR 15.404-1 that the cost is fair and reasonable and will document such determination with a level of detail commensurate with the complexity and circumstances of the order.

6. ANY OTHER FACTS SUPPORTING THE JUSTIFICATION: The current task order is successful in providing services and has already worked through the costs of recruiting and onboarding contractor personnel with the required background checks who are familiar with NAMRU-SA’s complex research efforts and laboratory processes. Changing contractors may require a complete change in current staff, disrupting the mission of the Combat Casualty Care and Operational Medicine and Craniofacial Health and Restorative Medicine directorates at the NAMRU-SA. NAMRU-SA relies heavily on contractor support and does not have adequate Government or military resources to carry out research efforts that include, but are not limited to, expeditionary and trauma medicine, cellular and immune based adjuncts for casualty care, directed energy and bioeffects, systems engineering and evaluation, epidemiology and biostatistics, environmental surveillance and biomaterials, and maxillofacial injury and disease. The mission of these research efforts is to conduct gap driven combat casualty care, craniofacial, and directed energy research to improve survival, operational readiness, and safety of Department of Defense (DoD) personnel engaged in routine and expeditionary operations.

7. ACTIONS TAKEN TO REMOVE BARRIERS TO COMPETITION: At this time there are no actions being taken to remove or overcome barriers leading to the exception to fair opportunity under this task order. However, it is possible that option periods may be added to future competitive task order proposal requests (TOPRs) for this requirement to allow contractors to propose pricing and competitively be awarded a task order that would include services for future and subsequent years of service. The use of options for TOPRs would eliminate the need to issue logical follow-on task orders, which require the use of the exception to fair opportunity.