47QFWA24F0006 Exception to Fair Opportunity CCM Bridge Task Order.pdf

Justification for an Exception to Fair Opportunity

1) Identification of the agency and the contracting activity, and specific identification of the document as a “Justification for an Exception to Fair Opportunity.”

Procurement Office: General Services Administration (GSA), Federal Acquisition Service (FAS), Assisted Acquisition Services (AAS) – Air Force/Navy/Space Force APEX 2 Agency: US Army, Center for Countermeasures (CCM)

Task ID: 47QFWA24R0009 Description of Requirement: Contract for CCM Mission Support Services Total Estimated Value of the Action: $4,732,989.10 (Inclusive of GSA fee) Period of Performance (PoP): Base Period: 03/26/2024 – 09/25/2024, Option Period: 09/26/2024 -

03/25/2025 Contractor Name: Dynetics, LLC, 1002 Explorer Blvd, Huntsville, AL 35806-2806 (UEI:

FH7ML8E9EWJ7)

Procurement Vehicle: OASIS (Unrestricted)

2) Nature and description of action being approved:

This Justification for Exception to Fair Opportunity is in support of a Severable Time & Materials (T&M) Bridge Task Order (BTO) consisting of one (1) six-month base Period of Performance (PoP) with one (1) six-month option period (twelve (12) total months) to allow for the continuance of services in support of the US Army Center for Countermeasures (CCM), servicing White Sands Missile Range (WSMR) in New Mexico. This effort is currently being provided by Dynetics, LLC under the One Acquisition Solution for Integrated Services (OASIS) (Unrestricted) IDIQ contract, number GS00Q14OADU412, task order 47QFWA18F0062.

In September 2018, GSA competitively awarded a task order under the OASIS (Unrestricted) IDIQ, to Dynetics, LLC, with a period of performance of 09/26/20218 through 09/25/2023 (a base year with four (4) one-year option periods). During the fourth option period, the Government exercised the FAR 52.217-8 6-month option period (evaluated at award), extending the project end date through 03/25/2024.

The decision to exercise FAR Clause 52.217-8 was reviewed and work on the Follow-On procurement began.

The first step was to perform a lessons-learned session with the client to determine what previously worked and what did not. This session led to extensive follow-on discussions with the client and a site visit in February 2023.

Based upon lessons learned and follow-on discussions, the GSA acquisition team decided that the best course of action would be to change the follow-on contract type from a T&M type TO to an IDIQ contract to meet the varying needs of the client. The current task order has multiple Consent to Purchase (CTP) requests monthly, resulting in multiple invoices using various funding documents to fund and pay against different projects. The Government considered using a contract type with Technical Direction Letters, but that did not resolve the issue of tracking funding against each project and having one invoice per project. The Government ultimately determined that an IDIQ contract would allow for individual project tracking, giving each project its own PoP through task order issuance. This would also streamline funding in terms of tracking and invoicing. This change required a complete overhaul of the follow-on Performance Work Statement (PWS) and Independent Government Cost Estimate (IGCE), as well as the identification of two (2) projects that could be used in the solicitation for evaluation purposes and will be issued as TOs upon contract award. There were many revisions in the PWS to fully capture the expanded scope of the follow-on IDIQ that will encompass new clients and new technology updates, as well as delays due to unforeseen scheduling issues that extended the milestones of the project.

The Option was exercised August 3, 2023. While the follow-on solicitation documents are near completion, there is not sufficient time to proceed to award to prevent a lapse in service in mission-critical requirements.

DocuSign Envelope ID: 1A5A41CD-A295-4733-9A0F-10D94B58379D

Based upon this and the high chance of receiving a protest due to high interest and response to our Market Research and Industry Day, the CCM has a need for a short-term T&M, interim bridge task order (BTO) to ensure continuity of services between the ending of the current Period of Performance of 03/25/2024 and award of the follow-on contract, estimated to be awarded in July of 2024.

3) A description of the supplies or services required to meet the agency’s needs (including the estimated value).

This Justification for an Exception to Fair Opportunity is to support a BTO for a six-month base PoP and one (1) six-month option period, on a sole-source basis to the current incumbent contractor, Dynetics, LLC, to continue the provisioning of support services to the CCM at the WSMR.

CCM is located at White Sands Missile Range (WSMR), New Mexico. CCM operates under Department of Defense Issuance (DoDI) 5129.47. CCM directs, coordinates, supports, and conducts independent Countermeasures (CM)/Counter-countermeasures (counter-CM) Test & Evaluation (T&E) activities for domestic and foreign Electro-Optical (EO), Infra-Red (IR), and Radio-Frequency (RF), directed energy weapon systems, sub-systems, sensors, and related components. CCM supports T&E, develops test tools, and test methodologies.

CCM provides test resources for all Services and customers.

CCM developed a suite of state-of-the-art test equipment, all of which is fully transportable, to support test activities at various locations CONUS and OCONUS.

CCM requires both short-term and long-term support to perform the identified requirements. The Contractor shall provide qualified personnel, facilities, equipment, and materials necessary to support the subject BTO requirements, which may include, but are not limited to, the following activities:

● Custom configuration, development, and preparation of existing equipment.

● Operate, repair, maintain, update and/or add new capabilities to existing equipment and software.

● Develop new test equipment, systems, and capabilities to include but not limited to the anticipated new mission requirements.

● Identify, obtain pricing, develop required documentation, and obtain necessary approvals to purchase components, equipment, software, and/or other materials.

● Ready equipment for field test activities to include but not limited to shipping, transport, assembly install, setup, field testing and operation of equipment/components,

● Support all phases of T&E activities to include, but not limited to, test/project planning, pre-test setup and activities, test execution and post-test activities at various locations, both CONUS and OCONUS.

● Provide project management and technical subject matter expertise to support engineering assessments with regards to all CCM existing equipment and new test equipment and capabilities development.

● Data reduction, analysis, and assessment.

● Attend and participate in meetings and conferences and provide detailed reports to the Government.

● Prepare progress, event, and other reports for projects and/or phases of projects.

● Prepare and/or present data presentations or technical reports that may require graphs, charts, tables, photographs, video or motion picture filming and other media.

The Contractor shall provide personnel with suitable professional qualifications to support CCM’s mission and enhance its reputation as a center of excellence. Contractor personnel shall comply with all Governmental, safety, surety and security laws, regulations, policies, and Standard Operating Procedures (SOPs) required for Government employees. Contractor personnel, in the performance of their assigned duties, shall comply with all relevant procedures including quality system procedures, administrative procedures, etc. Personnel must receive appropriate training in safety prior to working on the equipment at CCM or in the field.

Contractor personnel shall operate independently or as team members to accomplish the objectives or deliverables of the subject BTO. Contractor personnel shall maintain and provide detailed records of all work performed in written format to the Government as part of the Contractor’s official contract record retention.

The total price for the base period and option period for this requirement is estimated to be a potential $4,732,989.10 (Inclusive of GSA fee) over the twelve (12) month period. The price estimate took historical data into consideration for various Labor Categories (LCATs) hours and rates, ODCs, and travel required. The PoP will be a six-month base period with one (1) six-month option period.

4) Identification of Statutory Authority Permitting a Fair Opportunity Exception:

FAR 16.505(b)(1)(i) requires the Contracting Officer to provide each awardee under a multiple award contract, a fair opportunity to be considered for each order exceeding $3,000 unless a statutory exception applies. The specific exceptions set forth in 16.505(b)(2) that preclude the fair opportunity process are listed below. The authority pertaining to this specific acquisition is marked accordingly.

______16.505(b)(2)(i)(A) The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

___X__16.505(b)(2)(i)(B) Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

______16.505(b)(2)(i)(C) The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

______16.505(b)(2)(i)(D) It is necessary to place an order to satisfy a minimum guarantee.

______16.505(b)(2)(i)(E) For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source.

_______16.505(b)(2)(i)(F) In accordance with section 1331 of Public Law 111-240 (15 U.S.C.

644(r)), contracting officers may, at their discretion, set aside orders for any of the small business concerns identified in 19.000(a)(3). When setting aside orders for small business concerns, the specific small business program eligibility requirements identified in part 19 apply

5) Supporting rationale (for the authority cited in 4) above) including a demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the exception cited.

There exists a need to put in place a new BTO for the CCM support services using an Exception to Fair Opportunity to provide critical mission support until the long-term task order can be successfully awarded. The currently awarded task order number 47QFWA18F0062, under contract number GS00Q14OADU412, is due to expire on 03/25/2024. GSA is in the pre-solicitation phase of the follow-on acquisition.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/16.htm#P399_69627

The base PoP and optional extension anticipated by this BTO will allow work to continue this critical task under the incumbent vendor, Dynetics, LLC, without interruption to CCM and will allow for the long-term award to be finalized, for pre-work meetings, and for transition-in of the awarded vendor into the new contract. The vendor has workers currently in place who can continue to support the CCM requirements and provide unbroken services at WSMR. As such, CCM has requested that these services be continued through Dynetics, LLC to prevent any break in or degradation to support services during the process of awarding the necessary long-term task order.

The shortened duration of the BTO PoP will enable GSA and the CCM organization to complete vendor evaluation and vendor selection of the competitive follow-on procurement, as well as enable the follow-on vendor sufficient time to transition services into the new contract without incurring a break in service and loss of critical support functions. The follow-on contract is currently in the pre-solicitation phase, and no vendor other than Dynetics, LLC currently has a ready pool of in-place, cleared support staff available with the appropriate CCM systems and process knowledge ready to perform these requirements immediately after 47QFWA18F0062 expires on 03/25/2024.

CCM requires continued support, as described above, to ensure continuous capability to respond to time-sensitive and urgent requirements to specific agency requirements that are submitted to CCM. These requirements specify highly detailed and vital performance criteria, quality control requirements, and deliverables to ensure Department of Defense (DoD) ability to maintain critical understanding of complex foreign and domestic weapons and weapons systems.

Failure to have continuous and as-needed / ad-hoc access to critical contractor capability to provide vital support would result in mission failure and inability to process urgent third-party agency T&E requirements, resulting in mission failure in accordance with the application of the cited authority.

Therefore, the decision to award this follow-on BTO through an Exception to Fair Opportunity takes into account the Government’s need for continuity operations and the potential costs of disrupting operations. The Government has determined that executing the BTO to keep in place the previous TO Contractor with its support personnel would be the most advantageous and cost-effective option available to the Government, price and other factors considered.

In order to maintain continuity of support for the client until the long-term TO is awarded, the need to issue a BTO is found to be the most logical and cost-effective alternative to the Government.

6) Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable

A quote will be requested from Dynetics, LLC for the bridge BTO, consisting of a six-month base period of performance and one (1) six-month option period. The pricing will be reviewed to ensure that it is fair and reasonable before any award is made. Dynetics, LLC will be requested to provide similar types and levels of services required in the Performance Work Statement (PWS) for the current TO, 47QFWA18F0062, in its current six-month option period. The current TO rates were previously approved and found to be fair and reasonable and in accordance with GSA’s OASIS (Unrestricted) IDIQ contract. The GSA Contracting Officer (CO) will review pricing and make a fair and reasonable determination in the Award Decision Document (ADD). The total estimated value of this BTO if all options are exercised is $4,732,989.10 (Inclusive of GSA fee).

The CO has determined that, under the circumstances described herein, an OASIS (Unrestricted) BTO, issued to Dynetics, LLC, for the six month base PoP and one (1) six-month option period, represents the best option for maintaining CCM program support and keeping in-place existing personnel with program and process knowledge and clearances, as well as representing the overall best value (including the level of effort and pricing) for the accomplishment of this BTO. This BTO shall be prepared and fully executed by the GSA

CO upon approval of this Justification for an Exception to Fair Opportunity. The Justification, in accordance with FAR 16.505(b)(2)(ii)(D), shall be posted on SAM.gov within fourteen (14) days of the award of the BTO and shall remain posted for a period of at least thirty (30) days.

7) Any other facts supporting the justification

To ensure that this BTO is only for a limited and defined period of time described above, GSA is concurrently approving the pre-award documents for the follow-on effort. This means GSA has, at the time of issuance of this BTO, all documents necessary to finalize the follow-on award in support of the CCM client. Having these documents in hand reduces the risk of delays and provides assurance that the BTO is truly a temporary measure and that a long-term follow-on contract will be issued in the very near future.

8) A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made

The six-month base PoP for this BTO represents the shortest time possible to enable GSA and the client agency to complete their evaluation of the long-term contract, coordinate award announcements, host kick-off meetings and allow transition time, without incurring a break in services. The six-month option period was added so that the Government may utilize this BTO to continue to meet the clients’ requirements and to allow GSA flexibility to respond to unknowns. The Option will not be issued unless justified and necessary. A shorter option period is not realistic due to the subcontractor requirements for materials for this task order. A shorter option period would drive the cost of supplies up significantly and reduce the economic advantages of economies of scale provided with a 6-month option period versus a shorter timeframe.

9) The contracting officer’s certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief.

The contracting officer’s signature on the Signature/Approval page evidence that he/she has determined this document to be both accurate and complete to the best of his/her knowledge and belief.

10) Evidence that any supporting data that is the responsibility of technical or requirements personnel (e.g., verifying the Government’s minimum needs or requirements or other rationale for an exception to fair opportunity) and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel.

See Technical Representative’s Signature on Signature/Approval page.

SIGNATURE/APPROVAL ROUTING

Solicitation PIID 47QFWA24R0009

* Technical Representative’s Certification: By signature below, I state that I have read, understand, and agree with the technical information/representation made herein. The client provided the Agency and site-specific technical information expressed herein, which is current and accurate to the best our knowledge.

Technical Representative Date

By signatures below, I state that I determine the statutory authority as cited herein and expressed in FAR 16.505(b)(2)(i)(A) apply to this justification, and the justification is hereby approved on its merits as noted.

Technical information was presented as being accurate and complete as received from the client and was fully relied upon to document the request for “exception to fair opportunity,” described herein.

Role Name Signature Program Manager Andy Warner

Contracting Officer Norman James

Legal Amy Cook

Sector Director / Acquisition Division Director

Tim Pearson

Advocate for Competition Joel Rogero

Contracting Executive Casey Kelley