47QFHA22K0026_T04_01_LS J_A.pdf

GENERAL SERVICES ADMINISTRATION

Region 6, AAS

2300 MAIN STREET

KANSAS CITY, MO 64108

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FAR 6.302-1(a)(2)(iii)

Services deemed to be available only from the original source in the case of follow-on contracts for the continued provision of highly specialized services

1. IDENTIFICATION OF THE AGENCY AND CONTRACTING ACTIVITY

a. Requiring Activity: Office of the Under Secretary for Defense (OUSD) for Personnel and Readiness (P&R) 4000 Defense Pentagon Washington, DC 20301

b. Contracting Activity: General Services Administration (GSA) Federal Acquisition Service (FAS) Region 6, Assisted Acquisition Services Division (AASD) 2300 Main Street Kansas City, MO 64108

c. Contracting Officer: Robert Johnson

d. Acquisition ID: 47QFHA22K0026

e. Estimated Total Value: $24,381,037.09

f. Contract Vehicle: Not Applicable

g. Period of Performance: 04/05/2023 to 04/04/2024

2. NATURE AND/OR DESCRIPTION OF ACTION: FAS Region 6 Assisted Acquisition Services has entered into an Interagency Agreement (IA) with the Office of the Secretary of Defense (OSD), Under Secretary of Defense (USD) for Personnel and Readiness (P&R), 4000 Defense Pentagon, Washington, District of Columbia, 20301, United States. The IA provides acquisition support for various mission critical requirements tasked with OSD-P&R which includes the DRRS-S program. This requirement provides Professional Technical and Analytical Services for the Defense Readiness Reporting System-Strategic, (DRRS-S) located at 4000 Defense Pentagon, Washington, District of Columbia, 20301, United States. The requirement package was received October 3, 2022, with an expected award date of April 5, 2023, resulting in a 128-day Procurement Acquisition Lead Time (PALT).

DocuSign Envelope ID: 6A22BB4F-8B3A-484B-86CF-C48A6EED7D09

Based on the below estimated schedule for executing a competitive award and the fact that this is only a bridge contract to give the agency time to develop a new requirements package and conduct a competitive acquisition of that package, it has been determined that executing a sole source, follow-on contract with the current contractor, InnovaSystems International, LLC.

(Innova), is in the best interest of the government. InnovaSystems International LLC has been working on this requirement for the past five (5) years and is able to continue to fulfill the objectives listed in the PWS without a transition period, a lapse in continuity, or risk of mission degradation. DRRS is a congressionally mandated system, as such a lapse in service is not seen as tolerable nor in the best interest of the nation.

3. DESCRIPTION OF SUPPLIES OR SERVICES: The primary purpose of this sole source bridge contract is to is to provide the Office of the Secretary of Defense (OSD), Under Secretary of Defense (USD) for Personnel and Readiness (P&R), Defense Readiness Reporting System (DRRS) Implementation Office (DIO) with operation, sustainment, and maintenance support for the Defense Readiness Reporting System-Strategic (DRRS-S) and other related analytical services in achieving the Requiring Activity's (RA’s) mission requirements. DRRS-S provides the means to monitor the readiness of DOD components to provide capabilities to support the National Military Strategy and Mission Essential tasks consistent with DOD priorities and planning direction. Mission-essential tasks range from conducting assessments of the ability to conduct air refueling operations for the air domain to the ability to conduct sustainment operations for the ground domain.

The scope of this contract includes all Department of Defense (DoD) components and associated efforts relative to the DRRS-S. This includes program monitoring, life cycle maintenance, training, help desk services, and management support associated with work performed under this effort. This also includes work to maintain the program’s cybersecurity posture and modernization, systems engineering and integration, and system testing necessary to support the evolving needs of the DoD. The period of performance for this contract is 12-Months (three (3) month base period and three – three (3) month options).

On 20 December 2019, the United States Space Force was established under the Department of the Air Force (AF). The original scope of the DRRS-S requirement anticipated professional services for the Air Force. Space Force (SF) is a component of the Air Force; thus, SF was already covered under the DRRS-S requirement. SF reached out to our customer stating that in accordance with the National Military Strategy mandate they expect to use the DRRS-S services more than originally anticipated and requested an increase in the AF capacity. However, in an effort to better track funding streams the customer requested a distinct CLIN for SF with the additional capacity requested.

4. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN

COMPETITION: As a DoD acquisition, this contract is authorized under Title 10 United States Code, Section 2304(c)(1), as implemented by FAR 6.302-1(a)(2)(iii) Services deemed to be available only from the original source in the case of follow-on contracts for the continued provision of highly specialized services when it is likely that any other source would result in a

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(A) Substantial duplication of cost to the government that’s not expected to be recovered through competition and/or (B) Unacceptable delays in fulfilling the agency’s requirements.

5. DEMONSTRATION THAT NATURE OF ACQUISITION REQUIRES USE OF

AUTHORITY CITED: DRRS-Strategic constitutes the system of record for DOD readiness data and is used to compile readiness reports for decision makers in the department and for Congress. The data obtained include resource readiness ratings, mission capability readiness ratings, Mission Essential Task assessments, and other data related to these ratings. DRRS-S provides the DoD with authoritative, almost real-time information on U.S. and select foreign military units. DRRS-S is a comprehensive process and supporting enterprise of interrelated DoD readiness applications and databases. DRRS-S is a centrally installed system that enables globally dispersed pre-registered units to report and update the status of their equipment, supplies, personnel, and training as well as their overall readiness for battle for the military in the ground, sea, air, space, and cyber domains.

The DRRS-S provides a means to manage and report the readiness of the DoD and its subordinate Components to execute the National Military Strategy (NMS) consistent with DoD priorities and planning direction provided in the Secretary of Defense Memorandum, Unified Command Plan and Chairman of the Joint Chiefs of Staff (CJCS) Instruction 3110.01H. The DoD leverages the reporting of near real-time readiness data based on mission assessment and complementary resource information within DRRS-S for the decision-making purposes. Two (2) semi-annual reports are required:

- The Semiannual Readiness Report to Congress—prepared by the Office of the Under Secretary of Defense for Personnel and Readiness and containing information contributed by the military services, combatant commands, and Joint Staff, and detailing military readiness on a semiannual basis.

- The Semiannual Joint Force Readiness Review—prepared by the Chairman of the Joint Chiefs of Staff and assessing the armed forces’ capability to execute their wartime missions under the National Military Strategy.

OUSD has been directed to take actions to create a new, state of the art DRRS-S system.

Essentially, DRRS-S will go through a Program transformation, which is the act of changing one program into another or an algorithm that implements program transformation. The language in which the program being transformed and the resulting program as written are called the source and target languages, respectively. OUSD is still working on the new Performance Work Statement (PWS) to incorporate the new changes. Estimated completion of the PWS is mid to late December 2022. The scope will include a significant Research & Development component, requiring a Cost or Hybrid type contract. Moreover, due to the complex nature of the requirement and the certainty of Multiple Tenants, Technical Directive Letters (TDL) will be leveraged to administer the contract.

The proposed period of performance is a five (5) year base award and five (5) option period. The estimated award amount is between $100M - $300M. The tentative acquisition strategy is to execute a Full and Open competitive procurement using trade-offs as the Source

Selection method. To ensure the contractor has the necessary expertise and experience, a robust set of evaluation factors will also be developed. The current task order for DRRS-S expires April 4, 2023 (See below). With the original estimated completion date of December 2022 for the new PWS, execution of a new competitive award prior to March 2023 (Required Transition Period) is impossible. Therefore, a short-term (12-Month) contract for maintenance and sustainment of the current system is requested until the PWS for the new requirement is complete and a competitive acquisition can be executed. As of 15 March 2023 a decision has not been reached regarding the future of DRRS-S. The customer expects DoD leadership to make a decision around mid-April 2023 with a PWS to follow in the subsequent weeks. This delay reinforces the need for a sole source follow-on contract ensuring a continuation of the DRRS-S services and DOD’s mission.

Innova is the current contractor performing these services through task order number N6600122F0269, awarded on January 5, 2022, and expires on April 4, 2023. The task order was issued under the second option period of the Global Readiness & Force Management Enterprise (GRFME) Indefinite Delivery, Indefinite Quantity (IDIQ) Contract, N6600118D0170. That IDIQ was awarded on March 9, 2018, and expires on March 8, 2023, and the Department of Navy is the ordering agency. Since the IDIQ will expire prior to the end of the current task order, the customer is unable to request another short-term task order for the maintenance and sustainment services. Also, clause 52.217-8, which would allow for up to six (6) additional months of services, was not included in the current task order. The only other option for the Navy task order is a sole source award by modification to extend the period of performance with an approved Justification and Approval (J&A) memorandum. On August 10, 2022, GSA contacted Dave Leonard, the Navy contracting officer for the current task order, regarding a modification to the task order. Mr. Leonard stated that, per his leadership, the Navy is less than likely to issue a modification to this task order due to concerns of scope creep. On October 6, 2022, GSA sent an email to Mr. Leonard to seek confirmation that the stance of the Navy leadership regarding the modification has not changed. As of October 14, 2022, Mr. Leonard has not responded to the email.

Therefore, for GSA as the procurement agency, the remaining options for the 12-Month maintenance and sustainment services contract is a new competitive acquisition or a sole source award to the incumbent contractor with an approved J&A memorandum. Based on the proposed schedule below, the best-case scenario using competitive procedures for a contract award date is June 2023, with a July 2023 start date causing a lapse in service for 3-months. This would result in a lapse in services, causing significant impacts to our national security, resulting in unacceptable delays in fulfilling the agency’s mission. The DRRS system is the statutorily mandated single system in which all of our nation’s Department of Defense Armed Services report their readiness to accomplish their assigned missions. A lapse would immediately cause a deterioration of leadership’s capabilities to ensure our military forces are properly prepared and capable of accomplishing their mission. The system, in essence, would be left to operate on “auto-pilot”, functionally inoperable, resulting in the loss of critical military readiness reporting data. The DoD would lose its most important tool used for deliberate crisis management planning which would result in a build-up of unmet critical military tasks. This type of lapse in service would place the lives of military service members and resources of our Armed Forces in jeopardy; therefore, a lapse is considered intolerable and not in the best interest of the government.

Competitive Award Schedule PWS/PRS Compete; Oct 5, 2022 Independent Government Estimate (IGCE) Oct 5, 2022 Interagency Agreement (IA) Part B Oct 9, 2022 Market Research Complete Oct 14, 2022 Finalize Acquisition Plan Oct 24, 2022 Complete Solicitation Nov 7, 2022 Documents Ready for Pre-Solicitation Internal CMRB Nov 14, 2022 Pre-Solicitation (Internal) Approval; Dec 5, 2022 Documents Ready for Pre-Solicitation Regional CMRB Dec 7, 2022 Pre-Solicitation (Regional) Approval; Dec 28, 2022 Issue Solicitation; Dec 30, 2022 Proposal Opening; Feb 6, 2023 Proposal Evaluation Complete; Mar 27, 2023 Documents Ready for Pre-Award Internal CMRB April 24, 2023 Pre-Award (Internal) Approval; May 15, 2023 Documents Ready for Pre-Award Regional CMRB May 17, 2023 Contract Clearance; June 7, 2023 Contract Award; June 12, 2023 Contract Start (30 Day Transition Period): July 17, 2023

The only other viable option is a sole source award to the incumbent contractor with an approved J&A memorandum. Pursuant to Title 10 United States Code, Section 2304(c)(1), as implemented by FAR 6.302-1(a)(2)(iii) there’s an exception to full and open competition if services are deemed to be available from only the original source in the case of follow-on contracts, if it’s for the continued provision of highly specialized services and it is likely that award to any other source would result in a (A) Substantial duplication of cost to the government that’s not expected to be recovered through competition and/or (B) Unacceptable delays in fulfilling the agency’s requirements. The elements of this exception to Full and Open competition are met by the circumstances of this procurement.

Original Source: InnovaSystems International LLC has been the contractor for the last five (5) years handling the sustainment and maintenance services for the DRRS-S system, including the current active task order N6600122F0269 with the Department of Navy. Therefore, a sole source award to Innova for the same services (sustainment and maintenance for DRRS-S) would be a follow-on contract meeting the FAR 6.302-1 original source requirement.

Continued Provision of Highly Specialized Services: The scope of work of the current task order and the 12-month contract includes the sustainment and maintenance of the DRRS-S system, a highly complex enterprise network system that measures military readiness of each Armed Forces Services in real-time to ensure responsiveness to support National Command Authority (NCA) reviews of crucial national security issues. The DRRS-S system is able to generate current readiness data in “Mission Essential Task-like categories”, including aggregated readiness data “rolled up” from the unit level into groups of Service assets relevant to Combatant Commands (COCOMs). Sustainment and maintenance of DRRS-S requires key personnel with highly specialized skills and experience with commensurate education. Some of the key personnel include a Subject Matter Expert for military readiness reporting systems, Senior (Sr.)

Program Managers, Sr. Network Engineers, Sr. Database Engineers, and Sr. Software Engineers to name a few. Although these disciplines can be used across many functional areas, all of these personnel are required to have considerable experience working with DOD Readiness Reporting systems due to the highly specialized nature of DRRS-S. Therefore, this acquisition meets the requirement in FAR 6.302-1 continued provision of highly specialized services.

Substantial Duplication of Cost: Awarding to another source would likely result in a Substantial duplication of cost to the government that’s not expected to be recovered through competition: 1) Award to another source would require transition cost for the current and the new contractor, and a likely repeat of these cost as we move from the 12-Month contract to the long-term contract. A sole source award to Innova would not require transition costs; thus, award to another source would be a substantial duplication of costs; 2) Award to another source would require a significant increase in acquisition costs for a contract using competitive procedures as opposed to a 12-Month sole source follow-on contract; 3) Considering the complexities of this requirement, award to another source would require a significant learning curve for a new contractor to get up to speed with the demands of this requirement, resulting in a loss of productivity and maintenance of the system during that time. A sole source award to Innova would not result in a loss labor productivity due to their institutional knowledge and experience;

thus, award to another source would likely result in a substantial duplication of cost; 4) Award to another source increases the likelihood of a protest and its associated cost as opposed a sole source award to Innova. Although a sole source to Innova could be protested, the odds are significantly lower than a competitive acquisition. Lastly, most, if not all, of these costs are not expected to be recovered through competition. Therefore, awarding to any other source would likely result in substantial duplication of cost, meeting this FAR 6.302-1 requirement. The below information details the transition requirements and the estimated duplication of cost.

The contract incorporates a 60 day transition period that requires the incumbent to develop and execute a transition-out plan. The plan is required to identify how the incumbent will coordinate with the incoming contractor and Government personnel to provide a seamless transition and transfer knowledge regarding the following:

a. Program and project management processes

b. POCs

c. Location of technical, program, and project management documentation

d. Status of ongoing technical initiatives

e. Transition of personnel

f. Schedules and milestones

g. Actions required of the Government

h. Communication with the incoming contractor or Government personnel for the period of the transition via weekly status meetings

i. Provide system life cycle and technical support for systems that are transitioned out from their area of responsibility to another organization or group

j. Provide documentation consistent with the system being transitioned to include analysis of the following:

● All current and historical documentation pertinent to the task under this PWS, including Cybersecurity Risk Management Framework and Authorities to Operate (ATO) documents

● Operations manuals and the roles of key personnel

● Continuity of Operations (COOP) plans and procedures

● Relationships and points of contact with other agencies, projects, and systems

● Passwords, access controls, and encryption keys as appropriate

The below tables detail the estimated duplication of costs if this acquisition was competed and a new contractor was selected. Values are depicted in Table 1 except for the average hourly rates which can be seen in Table 2. The specifics are as follows:

a. Current Estimated Cost: The current estimated cost is $11,922,160 for 12 months with a monthly estimated cost of $993,513.33. The base period, first 3 months, is estimated at $2,843,665.00 with a monthly estimated cost of $947,888.33. I decided to use the more conservative monthly cost of $947,888.33 as the baseline for estimated duplicate costs.

b. Transition Costs: These costs are only required if a transition is needed. The contract requires a 60-day transition period; therefore, the cost is estimated at:

i. Incumbent: The estimated additional cost to be paid to the incumbent is $947,888.33, around 30-days of additional cost. Although the transition period is 60-days the contractor will still be getting paid for the required work on the project which should allow for some efficiencies.

ii. New Contractor: The estimated additional cost to be paid to the new contractor for the transition is $1,895,776.67 ($947,888.33 x 2). The contract will need to be awarded 60 days sooner than anticipated.

c. Additional Cost for Competitive Procurement: As stated above, the customer is working on a new requirements package. When that package is ready a new competitive procurement with the associated procurement cost will need to be executed for a long-term contract. Therefore, cost for a 12-month competitive procurement will be a duplication of cost. The estimated additional cost for the competitive procurement is $143,456.00. The difference between the sole source procurement cost of $513,505.53 and the competitive procurement cost of $722,992.31.

d. Loss of Institutional Knowledge/New Contractor Learning Curve: Working this requirement for the last five years, the incumbent has gained considerable institutional knowledge. Awarding this 12-month contract to a new contractor will result in the loss of this institutional knowledge and built-in efficiencies. Considering the complexity of this requirement there will be a considerable learning curve for the new contractor. It’s estimated that there will be at least 30-days of loss productivity over the next 12 months, at a cost of $947,888.33, as a result of the loss of institutional knowledge and required new contractor learning curve.

e. Total Estimated Duplication of Cost: Total estimated duplication of cost is $3,935,009.32 ($2,843,664.99 + $947,888.33 + $143,456.00). This is 33% of the current estimated price.

f. Required Estimated Competitive Price to Recover Duplication of Cost: The estimated price required from a competitive procurement to recover the estimated duplication of cost is $7,987,150.67 ($11,922,160.00 - $3,935,009.32). This is around 67% below the current estimated price.

g. Average Hourly Rate Required to Recover Duplication of Cost (Table 2): This requirement is estimated to require 90740 labor hours over the next 12-months. For the current estimated cost of $11,922,160.00 that’s an average labor rate of $131.39. For the new total estimated cost of $13,817,936.66 that’s an average labor rate of $153.57. For the estimated price of $7,987,150.67 to recover duplication of cost that’s an average labor rate of $88.02. This is around 67% below the average hourly rate for the current estimated price.

h. Although it’s not impossible that a contractor would propose a price of $7,987,150.67 with an average hourly rate of $88.02, it is highly improbable. Moreover, highly skilled, educated, and competent disciplines are required for this complex highly visible requirement. An estimated price of $7,987,150.67 with an average hourly rate of $88.02 would raise serious questions regarding the skill and competence of a vendor.

TABLE 1

60-day

Transition Cost

Loss of Institutional

Knowledge/Ne w Contractor

Learning Curve

Additional Cost for

Competitive Procuremen t Current

Estimated Cost New Total

Estimated Cost Incumbent $947,888.33 $11,922,160.00 $12,870,048.33 New Contractor $1,895,776.66 $11,922,160.00 $13,817,936.66

GSA $143,456.00 $143,456.00

Total Estimated Duplication Cost $2,843,664.99 $947,888.33 $143,456.00 $3,935,009.32 Estimated Competitive Price to Recover Duplication of Cost $2,843,665.00 $947,888.33 $143,456.00 $11,922,160.00 $7,987,150.67

TABLE 2

AVERAGE HOURLY RATES

CURRENT

SOLE

SOURCE

COMPETITIVE AWARD

WITH DUPLICATE COST

REQUIRED

COMPETITIVE PRICE

TO RECOVER

DUPLICATE COST

ESTIMATED COST $11,922,160.33 $13,935,009.33 $7,987,150.67

HOURS 90740 90740 90740

AVERAGE HOURLY

RATE $131.39 $153.57 $88.02

Unacceptable delays in fulfilling the agency’s requirements: As mentioned above, award to another source using competitive procedures will likely result in a contract award in June 2023 and a contract start date of July 2023 causing a lapse in service for at least 3-months. To summarize the impacts of the lapse in service (See above for complete details), there would be significant impacts to our national security for all the Armed Forces Services causing an immediate deterioration of senior leadership’s capabilities to be properly prepared and capable of accomplishing their mission; a loss of critical military readiness reporting data, and a loss of deliberate crisis management planning creating a high risk of loss to life and government resources; and the time it would take for the contractor to get up to speed will likely result in a critical loss of maintenance of the system. Therefore, awarding to any other source would result in unacceptable delays.

6. DEMONSTRATION OF EFFORTS MADE TO ENSURE OFFERS ARE

SOLICITED FROM AS MANY SOURCES AS PRACTICABLE: Not required per DFARS PGI 206.302-1 which only requires the agency to post a Request for Information (RFI) or Source Sought and inclusion of the results in the J&A (See below and Market Research Memo).

7. CONTRACTING OFFICER DETERMINATION – FAIR AND REASONABLE

PRICE: The estimated cost of this 12-Month sustainment and maintenance contract is $11,922,160.00. The Federal Acquisition Regulation requirements listed below will be used to determine the cost of this contract fair and reasonable.

a. Pursuant to FAR 15.403-4(a)(1) certified cost or pricing data is required for contracts estimated at $2,000,000.00 or more.

b. Pursuant FAR 15.404-1(a)(3) Cost analysis shall be used to evaluate the reasonableness of individual cost elements when certified cost or pricing data are required.

c. Also, pursuant to FAR 15.404-1(c)(2)(iii) a comparison will be done of costs proposed by the offeror for individual cost elements with (A) Actual costs previously incurred by the same offeror and (D) Independent Government cost estimates by technical personnel.

d. If applicable, pursuant to FAR 15.404-1(c)(2)(i)(D) a verification of cost data or pricing data and an evaluation of cost elements will be conducted by the application of the audited or negotiated indirect cost rates, labor rates, and cost of money or other factors.

8. MARKET RESEARCH: Adequate market research was conducted for this requirement.

After reviewing the available mandatory sources, the recommended sources, and the RFI responses, it has been determined that it is in the best interest of the Government to procure a sole source follow-on contract with the incumbent, Innovasystems International LLC. Pursuant to FAR 6.302-1(a)(2)(iii); this acquisition meets the elements of being services that are deemed to be available only from the original source in the case of a follow-on contract for the continued provision of highly specialized services with a DoD agency because it is likely that award to any other source would result in (A) Substantial duplication of cost to the Government that is not expected to be recovered through competition and/or there will be (B) Unacceptable delays in fulfilling the agency’s requirements.” Therefore, a solicitation will be issued to InnovaSystems International LLC for a sole source follow-on contract.

9. OTHER SUPPORTING FACTS: N/A

10. A LISTING OF SOURCES, IF ANY, THE EXPRESSED INTEREST IN THE

ACQUISITION:

CONTRACTORS THAT EXPRESSED

INTEREST

Booz Allen Hamilton Bowhead Mission Solutions

C4 Planning Solutions Defense Logistics

Deloitte Consulting Dhara Consulting Group

Innovasystems KBR Wyle Services

Systems Planning and Analysis

11. STATEMENT OF ACTIONS TO OVERCOME BARRIERS TO COMPETITION:

OUSD has been directed to take actions to create a new, state of the art DRRS-S system.

Essentially, DRRS-S will go through a Program transformation, which is the act of changing one program into another or an algorithm that implements program transformation. The language in which the program being transformed and the resulting program as written are called the source and target languages, respectively. OUSD is still working on the new Performance Work Statement to incorporate the new changes. As of 15 March 2023 a decision has not been reached regarding the future of DRRS-S. The customer expects DoD leadership to make a decision around mid-April 2023 with a PWS to follow in the subsequent weeks. This delay reinforces the need for a sole source follow-on contract ensuring a continuation of the DRRS-S services and DOD’s mission. The scope of the new requirement will include a significant Research & Development component, requiring a Cost or Hybrid type contract. Moreover, due to the complex nature of the requirement and the certainty of Multiple Tenants, Technical Directive Letters (TDL) will be leveraged to administer the contract. Therefore, the tentative acquisition strategy is to execute a Full and Open competitive procurement using trade-offs as the Source Selection method.

12. CONTRACTING OFFICER CERTIFICATION OF ACCURATE AND

COMPLETE INFORMATION. I certify that the supporting data under my cognizance which form the basis for this justification are accurate and complete to the best of my knowledge and belief.

Justin Wise Date Contracting Officer, R6, AAS

4/5/2023

13. TECHNICAL CERTIFICATION. A sole source contract to the incumbent is the only responsible source since award to any other source would likely result in substantial duplication of cost and/or unacceptable delays jeopardizing the agency mission per FAR 6.302-1(a)(2)(iii).

Moreover, this 12-month contract is necessary for the purpose of giving the agency time to develop its new requirement for a long-term competitive acquisition. All supporting data that is the responsibility of the technical or requirements personnel and which form a basis for this justification are certified as complete to the best of my knowledge and belief.

Brian Simmons Date Director of Business Operations

14. APPROVAL: I determine that the exceptions to other than full and open competition outlined in FAR 6.302-1(a)(2)(iii) apply this order.

Janet Schweer Date Competition Advocate, R6

15. APPROVAL: I determine that the exceptions to other than full and open competition outlined in FAR 6.302-1(a)(2)(iii) apply this order.

Mary Ruwwe Date Regional Commissioner, R6

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('Required Information'). With your consent, we can deliver Required Information to you by a) displaying or delivering the Required Information electronically; and b) requesting that you print or download the Required Information and retain it for your records.

This notice contains important information that you are entitled to receive before you consent to electronic delivery of Required Information. Your consent also permits the general use of electronic records and electronic signatures in connection with the Required Information.

In accordance with the Electronic Signatures in Global and National Commerce Act (E-Sign

Act), I recognize that my eSignature (Electronic or Digital Signature) shall be given the same legal status as a signature made with a pen. I further recognize that the eSignature may not be denied legal effect, validity, or enforceability solely because it is in electronic form. I hereby consent to the use of eSignature.

After you have read this information, if you agree to receive Required Information from us electronically, and if you agree to the general use of electronic records and electronic signatures in connection with our relationship, please click the 'I ACCEPT' button below.

Statement of electronic disclosures:

You may request to receive Required Information on paper, but if you do not consent to electronic delivery of Required Information, we cannot proceed with the acceptance and processing to create a relationship with you in connection to the products, services or account.

If you consent to electronic delivery of Required Information, you may withdraw that consent at any time. However, if you withdraw your consent we will not be able to continue processing to create a relationship with you in connection to the products, services or account.

If you consent to electronic disclosures, that consent applies to all Required Information we give you or receive from you in connection with our relationship and the associated notices, disclosures, and other documents.

You agree to print out or download Required Information when we advise you to do so and keep it for your records. If you are unable to print or download any Required Information, you may call us and request paper copies. If you need to update your e-mail address or other contact information with us, you may do so by calling us and requesting the necessary updates.

If you wish to withdraw your consent to electronic disclosures, you may do so by calling us and requesting withdrawal of consent. After consenting to receive and deliver Required Information electronically, you may request a paper copy of the Required Information by calling us.

Electronic Record and Signature Disclosure created on: 7/8/2021 5:13:09 PM Parties agreed to: Brian Simmons

If you do not have the required software and/or hardware, or if you do not wish to use electronic records and signatures for any other reason, you can request paper copies of the Required

Information to be sent to you by calling us.

Your consent does not mean that we must provide the Required Information electronically. We may to, at our option, deliver Required Information on paper. We may also require that certain communications from you be delivered to us on paper at a specified address.

I have read the information about the use of electronic records, disclosures, notices, and e--mail, and consent to the use of electronic records for the delivery of Required Information in connection with our relationship. I have been able to view this information using my computer and software. I have an account with an internet service provider, and I am able to send e-mail and receive e-mail with hyperlinks to websites and attached files. I also consent to the use of electronic records and electronic signatures in place of written documents and handwritten signatures.