47QFPA22C0001 JandA Redacted.pdf

JUSTIFICATION AND APPROVAL (J&A)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Acquisition Number: 47QFPA22K0013

1. Identification of Agency and Contracting Activity:

Agency:

General Services Administration (GSA) Assisted Acquisition Services (AAS) Region 9 Acting in support of: Space Systems Command (SSC) / Portfolio Architecture Corps (ZA)

Contracting Activity:

GSA AAS Region 9, 50 United Nations Plaza, Second Floor, Suite 2430 San Francisco, CA 94102

2. Nature and/or Description of Action Being Approved:

This Justification and Approval (J&A) for other than full and open competition is made for the solicitation and award of a Cost-Plus Fixed-Fee (CPFF) type contract to support Space Systems Command (SSC) Mobile User Objective System (MUOS) Program Management Support requirements. The contract will have a total period of performance of six (6) months, inclusive of a three-month base period and three one-month options. The contract is projected to have a contract maximum value of $2,099,002.40, based on the value of projected order requirements needed for the period of performance.

Services are currently being provided under contract # XXXXXXX, task order # XXXXXXXX, which was awarded by the U.S. Navy under a CPFF type contract. The task order was for a 12-month base period with four (4), 12-month option years, totaling $17,319,040. The current task order expires on March 22, 2022. The North American Industry Classification System (NAICS) code utilized was 541330 – Engineering Services and PSC R408 – Support – Professional: Program Management/Support. The government competed the prior task order on the Navy’s SeaPort-e Indefinite Delivery Indefinite Quantity Contract (IDIQ) as a 100% Small Business Set-Aside procurement, receiving nine (9) offers.

SSC is currently working with GSA Region 9 AAS to procure a competitive long-term recompeted acquisition, which is expected to be a task order under the GSA vehicle of the One Acquisition Source for Integrated Solutions (OASIS). The anticipated period of performance of this bridge contract is:

Base Period : March 22, 2022 to June 21, 2022 Option 1: June 22, 2022 to July 21, 2022 Option 2: July 22, 2022 to August 21, 2022 Option 3: August 22, 2022 to September 21, 2022

However, the anticipated award for the long-term effort has been delayed and is expected to be awarded no earlier than May 22, 2022.

The delay is due to the changing nature of the requirements; SSC and GSA added additional requirements to the recompetition to best meet SSC’s evolving needs as part of the Space Force, the newest Department of Defense (DoD) agency. This process has continued through SSC’s reorganization and a re-baselining of what labor categories, skill sets, and requirements, were needed on this re-competition. As a result, while the current task order with the Navy with a total value of $17,319,040, the recompeted task order with SSC/GSA will be $XXXXXXXXXXXXX. Due to the new requirements and the accompanying significantly longer routing process, a bridge contract must be implemented to bridge the gap between March 2022 (the end date of the current order) and May 2022 (the expected start date of the re-competed order) to ensure continuity of services.

The SSC/GSA issued the recompete solicitation on 11 February 2022 and expects to make award by the end of May 2022. This proposed sole-source contract will allow for continuation of services to fulfill performance of this requirement until the award of the competitive recompete task order. After award of the competitive recompete task order, the bridge contract will no longer be required, though additional options were added to sustain service to also allow for sufficient transition time between the incumbent contractor and the awardee of the new contract. Given the changes in requirements, this bridge allows for sufficient time to solicit, negotiate, and award the competitive contract, and allows a new contractor to properly phase-in from the current contract for the period between the anticipated award of this bridge effort and the performance start of the recompete contract. Therefore, a bridge contract is vital to carrying out SSC’s continued mission until a long-term contract is awarded.

3. A Description of Supplies/Services Required to Meet Agency’s Needs (Including Estimated Value):

The bridge contract will continue the current services with the incumbent contractor, Systems Technology Forum Limited., until the recompete is awarded. The contract will continue the services to provide a broad range of Narrowband Satellite Communications (NBSC) support capabilities for the Office of Secretary of Defense (OSD) interest program to execute effective and responsive integrated program management of space-related research, development, test, production, launch, and sustainment, activities. The support will span SSC’s Portfolio Architect, Production Corps, and Enterprise Corps, executed in multiple geographical locations.

To satisfy these requirements, the Government anticipates awarding a bridge contract to the incumbent contractor utilizing the current Performance Work Statement (PWS) under contract #

XXXXXXXXXXXX / task order # XXXXXXXXX) created by the U.S. Navy, which will ensure that the contractor maintains the current level of support and services.

4. Identification of the Statutory Authority Permitting Other Than Full and Open Competition:

This sole-source contract will be awarded pursuant to the authority of 10 United States Code (U.S.C.) 2304(c)(1), as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-1, “Only one responsible source and no other supplies or services will satisfy agency requirements”.

Pursuant to FAR Subpart 6.302-1(a)(2)(iii), for DoD, the National Aeronautics and Space Administration (NASA), and the Coast Guard, services may be 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 award to any other source would result in unacceptable delays in fulfilling the agency requirements. (See 10 U.S.C. 2304(d)(1)(B)).

5. Demonstration that the Proposed Contractor’s Unique Qualifications or the Nature of the Acquisition Requires Use of the Authority Cited:

Pursuant to FAR 6.302-1(a)(2)(iii)(B), the services described above are available only from the incumbent contractor, which is fully staffed with required personnel security clearances to provide continued services. Moreover, the incumbent contractor has the historical knowledge and understanding of the government’s mission, and given the short nature of this bridge contract, any transition period that would be required if this effort were competed on a full and open basis would be disruptive and completed by the expiration of the anticipated base period.

Therefore, awarding to any other source would result in unacceptable delays in fulfilling the agency’s requirements. These services are available only from the original source that has the experience and technical/operational knowledge and resources immediately available to allow for continuation of these highly specialized technical support services.

The anticipated contract will allow for work necessary to provide support services. The contractor’s staff are qualified to immediately provide the required services as they are well versed in all of the task areas and have specialized knowledge and expertise on the discrete nuances of current existing testing efforts, as they have extensive prior experience as the incumbent providing support and services on the prior five-year contract effort. This specialized experience is necessary to immediately and efficiently perform new efforts that continue and expand upon prior work efforts. Failure to provide these services will cause degradation of Space Systems Command’s (SSC’s) mission, ultimately failing to support the responsibility of developing, acquiring, equipping, fielding, and sustaining, lethal and resilient space capabilities for U.S. warfighters in the following areas as it relates to the current Performance Work Statement (PWS):

● Task 1: Provide Program Management: This includes the management and oversight of all activities performed by contractor personnel, including subcontractors, to satisfy the requirements identified in the PWS. Failure to provide this service will increase risk to the Mobile User Objective System (MUOS) Service Life Extension

(SLE) cost, schedule, and technical performance.

● Task 2: Ensuring the integrity of product information and other data using configuration verification, audits, and other methods as required. Failure to provide this continued service will negatively impact the release of Preliminary Satellite Design contracts or force release with incomplete performance specifications and interface requirements.

● Task 3: Regularly checking technical baseline information to ensure all approved changes to classified technical documentation are implemented as intended. Failure to provide this continued service will significantly impact the ability to complete unclassified and classified specifications for future satellites.

● Task 4: Actively engaging with outside agencies in support of the SSC/SP program office intelligence needs on a daily basis. Failure to provide this continued service will negatively impact the MUOS user community and the program’s ability to educate and train users on the usage and operability of the system.

● Task 5: Overseeing, reporting, and evaluating current modification or deficiencies in the system, and will report them to the program office. Failure to provide this continued service will negatively impact the operability and overall health of the MUOS Ground stations causing ultimate failure and the inability to provide sufficient communications..

The proposed contract will continue services while the Government conducts a competition for a long-term solution and will allow for a transition period so that another vendor can become proficient on existing developments. Due to their extensive knowledge, prior experience working, and their fully qualified staff, it is in the Government’s best interest to continue services from the incumbent.

Accordingly, Systems Technology Forum Ltd. is the only source capable of providing these services without unacceptable delays in satisfying SSC’s requirements.

6. Description of Efforts Made to Ensure that Offers are Solicited From as Many Potential Sources as Practicable, Including Whether a Notice Was Publicized as required by FAR Subpart 5.2:

As required by FAR Subpart 5.201, on February 14, 2022, the Contracting Officer published a synopsis on the System for Award Management (SAM).gov, Contract Opportunities, stating the Government’s intent to solicit, negotiate, and award a sole-source acquisition. The notice included a statement that all interested responsible sources may submit a capabilities statement to the agency; however, the announcement does not require the agency to evaluate the capabilities statement. Two (2) companies responded to the notice; however, only one (1) company provided their capabilities statement. Awarding a sole source to either of these two (2) companies would further delay performance as the incumbent contractor already has the staff available and experience with the technical requirements outlined in the performance work statement. Furthermore, awarding to any other company would possibly increase costs of hiring new staff, increase acquisition costs and delay transition of services which cannot be recovered through competition. Thus, neither of the companies submitting interest to this requirement were considered for an award due to the immediate nature of the work.

Market research was also conducted for the follow-on competitive acquisition by GSA Region 9 and SSC. Market research team members evaluated the market for program management support services, considered all mandatory and recommended sources, and ultimately determined that the follow-on acquisition will be solicited and awarded on the GSA OASIS program using a 100% small business set-aside.

7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable:

Adequate historic price information exists to ensure that the cost to the Government will be fair and reasonable. Pricing will be compared to historic price information on the current task order and the Independent Government Cost Estimate (IGCE), which has been reviewed and validated by GSA.

8. Description of the Market Research Conducted and the Results or a Statement of the Reason Market Research was not Conducted:

Extensive market research was not conducted for this bridge contract as services are required by the incumbent contractor on a sole source basis. However, in accordance with FAR Part 5.201, “Synopses of Proposed Contract Actions”, a notice of the Government’s intent to award this proposed sole-source contract action was posted on SAM.gov, February 14, 2022. The notice allowed all responsible sources to identify their interest and submit a capabilities statement. Two (2) interested companies responded; however, only one (1) company provided a capabilities statement and the Government found that neither were capable of meeting the requirements due to the short timeframe available.

9. Other Facts Supporting the Use of Other Than Full and Open Competition:

The U.S. Navy currently has the existing contract, which will expire on March 22, 2022. GSA has been provided the requirements to award a long-term contract. However, a bridge contract must be created to fulfill the services until the new long-term contract is awarded against a GSA OASIS contract vehicle.

10. Listing of the Sources, if any, That Expressed, In Writing, An Interest in the Acquisition:

To date, the Contracting Officer has received written interest from two (2) interested companies regarding the proposed sole-source effort. Of the two (2) companies, only one (1) provided a capabilities statement. Awarding a sole source to either of these two (2) companies would further delay performance, as the incumbent contractor already has the staff available and has experience with the technical requirements outlined in the performance work statement.

Furthermore, awarding to any other company would possibly increase costs of hiring new staff, increase acquisition costs and delay transition of services which cannot be recovered through competition.

11. Statement of the Actions, if Any, the Agency May Take to Remove or Overcome Any Barriers to Competition Before Any Subsequent Acquisition for the Supplies or Services Required:

It is anticipated that future acquisition of the same services will allow for competition and such an acquisition is presently being competed in Pool 5b of the GSA OASIS vehicle. This competition will eliminate the need for continued limitation of sources. The sole-source contract proposed herein will allow the Government adequate time to solicit, award on a competitive basis, and allow for an adequate transition period.

12. Contracting Officer Certification that the Justification is Accurate and Complete to the Best of the Contracting Officer’s Knowledge and Belief:

I certify that this justification is accurate and complete to the best of my knowledge and determine on the basis of the findings above that other than full and open competition approach is in accordance with the requirements and is in the best interest of the Government.

XXXXXXXXXXXXXXXXXX Date Contracting Officer Assisted Acquisitions Services Federal Acquisition Service – Region 9 U.S. General Services Administration

TECHNICAL CERTIFICATION:

As the lead technical developer of these requirements, I verify that this J&A and its resulting bridge contract will meet the Government’s minimum needs and schedule requirements. I also certify that the technical requirements noted herein that form a basis for the J&A are complete and accurate.

XXXXXXXXXXXXXXX Date Contracting Officer’s Representative Space Systems Command U.S. Space Force

13. PREPARED BY:

XXXXXXXXXXXXXX Date Contract Specialist Assisted Acquisitions Services Federal Acquisition Service – Region 9 U.S. General Services Administration

14. REVIEWED BY:

XXXXXXXXXXXXXX Date Director Assisted Acquisitions Services Federal Acquisition Service – Region 9 U.S. General Services Administration

XXXXXXXXXXXXXX Date Assistant Regional Counsel Office of Regional Counsel Pacific Rim – Region 9 U.S. General Services Administration

15. APPROVED BY:

I certify that this justification is accurate and complete to the best of my knowledge and determine on the basis of the findings above that other than full and open competition approach is in accordance with the requirements and is in the best interest of the Government.

XXXXXXXXXXXXX Date Competition Advocate Federal Acquisition Service – Region 9 U.S. General Services Administration