A3 Pilot Aug Bridge_Approved FOE_Redacted.pdf

Justification for an Exception to Fair Opportunity or to Use Brand-Name Restriction

CONTROLLED UNCLASSIFIED INFORMATION

v 18 Jan 2024 CONTROLLED UNCLASSIFIED INFORMATION Page 2 of 5v 18 Jan 2024 CONTROLLED UNCLASSIFIED INFORMATION Page 2 of 5

Services are performance based.

The current TO expires on 31 August 2024 and the re-acquisition is under pre-award GAO protest (GAO Protest Number B-422698).

The Period of Performance for this action is a 6 month base period and one 3 month option period (FAR 52.217-9). This action will also include the Option to Extend services (FAR 52.217-8).

Base Period - 6 months: 01 September 2024 - 28 February 2025 Option Period 1 - 3 months: 01 March 2025 - 31 May 2025 FAR 52.217-8 Option to Extend Services - up to 6 months:

The anticipated value of this action will not exceed or any required option period stated above. This action is within scope of the A&AS IV IDIQ, FA564119DA006, as the required services are currently being performed under TO FA564120F0016 with no changes to the current requirements. The IDIQ has approximately in ceiling, 45 days worth of ordering and 25 months worth of performance available.

This action is solely to continue services until the new, competitively awarded, action is in place.

(4) Identification of the exception to fair opportunity and the supporting rationale:

The specific exception that precludes the fair opportunity process for this acquisition is FAR 16.505(b)(2)(i)(C).

This FAR reference allows for an exception on the basis that the order must be issued on a sole source basis in the interest of economy and efficiency as 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.

Extensive Market Research was performed prior to the award of the A&AS IV and A&S V IDIQ contract as well as for the previous acquisition and the reacquisition of the A3 Pilot Augmentation Support. Due to the bid protest on the reacquisition, the Government conducted research to determine the best course of action to prevent a break in mission critical services. Subject research revealed that issuing a sole source logical follow-on bridge TO to the incumbent contractor, ITility LLC, under the A&AS IV IDIQ contract instead of A&AS V is most beneficial for the Government to save time and financial resources. The current TO Performance Work Statement (PWS) does not require any rework in order to be in line with the A&AS IV IDIQ PWS. Furthermore, the A&AS IV IDIQ contract already has pre-priced labor rates and thus offers the Government a better negotiation standpoint in this sole source environment. The Government will request the proposed amounts for the bridge TO from the incumbent and will negotiate, if deemed necessary by the Contracting Officer.

Besides, the incumbent contractor, ITility LLC, currently performing under TO FA564120F0016 which was competitively awarded under the A&AS IV IDIQ contract, has all the personnel in place and therefore does not require additional time for recruiting, phase in or Department of Defense Contractor Personnel Officer (DOCPER) approval.

Based on the timeline with the current TO ending 31 August 2024 and the reacquisition being on hold, it was determined to be in the best interest of the Government to to issue subject logical follow-on TO FA564124F0012 on a sole source basis to the incumbent contractor, ITility LLC.

This action provides a continuation of service utilizing the already existing A&AS IV IDIQ contract vehicle.

(5) Contracting Officer's determination that the anticipated cost to the Government will be fair and reasonable:

All A&AS IV IDIQs have pre-priced labor rates that were determined fair and reasonable at time of award of the A&AS IV IDIQ contract as well as specific for the current TO. The pre-priced labor rates will be utilized in ensuring a fair and reasonable price determination is made for this action. Furthermore, the Government will analyze the proposed prices IAW FAR 15.404-1. If necessary, negotiations will be conducted. The Contracting Officer will evaluate prices to determine the price to be fair and reasonable IAW FAR 15.403-3(a)(1)(i) and IAW FAR 15.403-3(a)(1)(iii).

v 18 Jan 2024 CONTROLLED UNCLASSIFIED INFORMATION Page 4 of 5v 18 Jan 2024 CONTROLLED UNCLASSIFIED INFORMATION Page 4 of 5

Instructions for Completing the Template IAW FAR 16.505(b)(2)(ii)(B)

(2) State whether the action is a new order or a modification to an existing order. Identify the basic multiple award contract number and the order number for the current action. Also identify the type of the order/line items on the order (e.g., Firm Fixed price, Cost Plus Fixed Fee, etc.).

(3) Specifically describe the supplies/services to be acquired including the price/cost and quantity of each item in the order and the total estimated value of the order. For services, state whether services are performance-based, and if not, provide rationale for not being performance based. State the delivery/performance schedule/period for the items under the order. Explain how the requirement/order fits under the scope of the basic multiple award contracts.

(Note: The Contracting Officer must ensure that the order is issued within the period of performance and within the maximum value of the contract).

(4) Include the appropriate exception from FAR 16.505 (b)(2) and the supporting rationale. FAR16.505(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 exception that precludes the fair opportunity process for this acquisition is FAR 16.505(b)(2)(i)(__) [Insert A,B, C, D, or E]. If a brand name product description is being justified, use this section to explain why the particular brand name, product, or feature is essential to the Government's requirements and why other companies' similar products/services do not meet, or cannot be modified to meet, the agency's needs.

FAR 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”. When using this exception provide a detailed justification with supporting documentation that explains the exact urgency of the requirement and the mission impact if awarded to any other contractor. The user/customer typically provides this supporting information. Recommend attaching supporting documentation to the back of the document. General statements of urgency are not acceptable.

FAR 16.505(b)(2)(i)(B): “Only one awardee is capable of providing the supplies or services required at the level at the level of quality required because the supplies or services ordered are unique or highly specialized”. When using this exception provide a detailed justification, with supporting documentation, as evidence of the “unique or highly specialized” nature of the procurement. The user/customer typically provides this supporting information.

Supporting documentation may be attached to the back of the document. General statements are not acceptable.

FAR 16.505(b)(2)(i)(C): “The order must be issued on a sole-source basis in the interest of economy and efficiency as 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”. When using this exception provide information on the previously competed order under this contract and detail the economies and efficiencies that will be obtained by going sole source for the follow-on order. The user/customer typically provides this supporting information.

General statements are not acceptable.

FAR 16.505(b)(2)(i)(D): “It is necessary to place an order to satisfy a minimum guarantee.”

FAR 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.”

Discuss the market research that was conducted by the user/technical team/contracting officer among the supplies/services of all awardees that resulted in the conclusion that a fair opportunity exception applied. The narrative in this section should provide a high level of confidence that the requirements of FAR 16.505(b)(1) and DFARS 216.505-70 could not be met. If no market research was conducted, state so and provide the rationale. If any other awardee expressed interest in fulfilling the requirement, but was not considered a potential source, explain why that awardee cannot provide the required supplies/perform the service.

v 18 Jan 2024 CONTROLLED UNCLASSIFIED INFORMATION Page 5 of 5v 18 Jan 2024 CONTROLLED UNCLASSIFIED INFORMATION Page 5 of 5

If the use of a brand name purchase description is being justified, the market research should include an analysis of any industry proposed alternative products or approaches to meeting the requirements. Additionally, the Government's efforts to identify as many potential sources as practicable offering the required brand name item(s) should be addressed.

(5) This paragraph needs to be tailored based on the types of CLINs in the order and the pricing arrangements on the basic multiple award contract. If the contract did not establish the price for the supply or service, the Contracting Officer must establish prices for each order IAW FAR 15.4. The paragraph needs to describe the steps that will ensure that the prices/estimated cost of the order will be fair and reasonable. For example, even if firm-fixed prices were obtained under adequate price competition in the award of the multiple award contract, the Contracting Officer still needs to consider market conditions and other factors that may have changed since contract award and explain the basis in the determination that prices/costs are fair and reasonable prior to award of the order.

(6) Provide any other facts supporting the use of exceptions to the fair opportunity process.

(7) Include a statement of the actions, if any, to be to be taken 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. If no actions are planned, so state and provide reasons.