AL-ACC ETFO HDTRA1-08-D-0007 TO 0012 signed redacted.pdf

DDEFENSE THREAT REDUCTION AGENCY

8725 JOHN J. KINGMAN ROAD, STOP 6201

FORT BELVOIR, VA 22060-6201

EXCEPTION TO FAIR OPPORTUNITY JUSTIFICATION

Amendment 0002-Task Order Modification 0010

1. Nature and/or Description of the Action

This exception to Fair Opportunity (ETFO) justification is Amendment 0002 to the ETFO previously approved for the requirement entitled “Philippines Facility Renovation, Equipment Procurement, and Integration Services Support”, for modification 0010. The purpose of this ETFO amendment 0002 is to justify an additional increase to the task order value from the current value of $23.2M by the estimated amount of up to $1,500,598.91, to $24,700,598.91.

The previous ETFO amendment approved by the Competition Advocate for this modification estimated a value increase for Mod 0010 of $1.2M. The contractor’s initial February 2020 proposal was higher than this amount. Negotiations/discussions with the contractor commenced in February and continued through April with several proposal revisions requested and received from the contractor during this time. The negotiated final price and final proposal amount is $1,500,598.91. This figure reflects current requirements, taking into account unanticipated programmatic shifts to better utilize remote-based implementation technologies

The BTRIC ID/IQ HDTRA1-08-D-0007 task order 0012 was competed under a FAR Part 16.5 fair opportunity competition. This requirement will be procured through a bilateral negotiated modification to the subject order (preliminary modification number is 0010).

2. Description of the Supplies/Services Required

Supplies/Services required include enhanced site assessments and related analyses and planning of all RADDLs under the Philippines’s DA including:

Fourteen (14) RADDLs Facilitation of findings workshop Development of reporting documentation (inclusive of Gap Analyses, Analyses of Alternatives) Development of appropriate training and outbreak response protocols and/or plans.

DTRA proposes to add this new work as an increase to the existing scope to the current BV Task Order. The total estimated dollar value of the additional work is not to exceed $1,500,598.91.

Due to unanticipated training requirements the modification estimated dollar value increased by $284,939.00 USD from the IGCE and $300,598.91 from the original $1.2M ETFO approved on February 19, 2020.

3. Exception to Fair Opportunity

This ETFO will be issued pursuant to Federal Acquisitions Regulation (FAR) 16.505(b)(2)(i), FAR 16.505(b)(2)(i) (B).

16.505(b)(2)(i)(B) exempts fair opportunity if “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”

4. Justification Rationale

BV has been performing this task order since 2016. The SOW tasks include site assessments of diagnostic labs in the Philippines, analyses of alternatives and training activities. This modification will expand upon the content of the site assessments, analyses of alternatives and training tasks and the contractor’s level of effort in these areas. The modification adds an increased focus on increased collaboration with the Government of Philippines (GOP), analysis of their operational readiness, sustainment efforts, and the feasibility of the recommended implementation approaches to these existing tasks. Because BV is the company currently performing this project and these tasks, it is not feasible to break out these enhancements and expanded “next step” follow-on activities and procure them under a separate competitive task order. BV is the only contractor with the know-how to carry out these very unique and specialized SOW add-on requirements which are integral to the current tasks and deliverables they are performing.

BV is already mobilized and has established a legal presence to execute the work in the Philippines. The BV team is finalizing similar work in other areas of the Philippines and is in a position to extend the requested services to additional facilities once notified. PMO support to oversee the execution of the project will allow BV to leverage existing resources. By contrast, even if it was possible to break out this additional effort in another procurement, it will be more expensive to deploy two contractors to execute similar scopes of work in different locations throughout Philippines, because the Government will have to pay for two sets of PMO, require another contractor to establish a legal presence, and mobilize two different sets of teams to execute these tasks. Additionally, potentially monitoring two different contractors requires the Government to spend twice as much time on contract surveillance, administration and project coordination.

The services requested with the increase to scope are considered to be urgent due to the approaching period of performance end date of 01 February 2021. By the conclusion of work under the existing task order, a transition and sustainment plan has to be in identified for any further follow-on work in the Philippines. Additional site assessments performed by BV would be completed with enough time to build out requirements for the DA moving forward. With the use of fair opportunity, the procurement timeline would impact the timeline for which the assessments could be completed. Any delays in project implementation would negatively affect credibility with GOP.

5. Market Research

Market research conducted prior to original task order award included the examination of historical DTRA and DoD data, a review of whole-of-government commercial databases, a review of internet resources, and reliance on personal knowledge of procuring supplies/services of this type. Market research identified several small, in-country businesses as potential awardees possessing experience performing similar work as outlined in the SOW. However, in-country companies possessed little demonstrable experience working with laboratory design and life sciences- focused facilities. Furthermore, Filipino companies identified as potential awardees were not considered due to DTRA’s concern for high corruption risks, lack of legal protections in the Philippines, and the high level of active contract administration required by DTRA to ensure that U.S. quality standards are upheld. Similar to local Filipino firms, DTRA discovered U.S.-based small businesses with experience performing construction work. However, the U.S.-based small businesses also lacked the integration and life science expertise necessary to fulfill requirements as outlined in the SOW.

Following market research, BTRP (formerly CBEP) determined the BTRIC IDIQ contract was the most appropriate vehicle to fulfill the requirements for construction/renovation/BS&S laboratory upgrades (based on required site assessments), given the acquisition timeline, locations for execution, and complexity of the project. The BTRIC IDIQ contract vehicle was deemed fully qualified to perform the stated requirements.

6. Other Supporting Facts

BTRP requires Government of the Philippines approval to move forward with other contracted activities under the current BTRIC contract. Philippines DA Department Order 4, Series of 2017 has directed establishment and strengthening of a national integrated laboratory system. Adding these additional requirements maximizes BTRP alignment with the DA integrated laboratory plans and provides the Philippines Government the assurances needed to approve execution of the current BTRIC contract activities. All site assessments and resulting documents/actions are requested by the Philippines for the purposes of complete laboratory maintenance, transition, and sustainment.

The current market research demonstrates that B&V was the only responsible and qualified offeror in competition, both in cost and technical approach. Conducting a new fair opportunity competitive action would be disadvantageous to the Government in terms of performance, cost, schedule, and duplication of work already performed by B&V. The cost would be duplicative for this effort, including the development of a PMO office in Philippines, obtaining knowledgeable personnel to perform the renovations, procurement of licenses and permits in Manila, and the learning curve associated with developing training.

Assessments must be completed within the current period of performance 30 September 2016 – 01 February 2021, and will be extended through 31 March 2021. Completion under the existing Task Order is imperative to maximize cost savings to the Government. The BTRIC is in place and has performed site assessments on seven (7) of the 14 RADDLs with a different focus. The BTRIC will be asked to assist the DA in providing their own site assessments on all 14 of the

RADDLs in addition of measuring progress and retention of best practices emphasized during BTRP sponsored trainings, mentorship, and workshops over the life of the contract. Estimated cost of the assessments and related activities/products are currently estimated not to exceed

$1,500,598.91 USD.

7. Subsequent Actions

Future similar requirements, if any, will likely be procured through a competitive task order that will build on lessons learned from this acquisition, reducing the need for post award modifications of this type. Due to the complex and dynamic relationship between DTRA and the partner country, it is not always possible to predict at the time of task order competition and award all the evolving future requirements (and subsequent need for SOW changes) that may emerge over the period of performance of an order.

Technical Certification

I certify that the data and information forming the basis for this justification are accurate and complete to the best of my knowledge and belief.

Project Manager Date

Contracting Officer Certification and Determination

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Additionally, I determine that the order represents the best value consistent with Federal Acquisition Regulations.

Contracting Officer Date

General Counsel Coordination

This justification is/is not legally sufficient.

Attorney Date

Approval

Based on the above justification, I hereby approve accomplishment of this acquisition by means of limited sources.

Competition Advocate Date