ANGRC IT Help Desk _ 2-Month JA_REDACTED.pdf

CUI/SP-SSEL

Justification and Approval (J&A) for Air National Guard Readiness Center (ANGRC)

Information Technology (IT) Help Desk Support

3. Exception to Fair Opportunity:

FAR 16.505(b)(2) states, “The contracting officer shall give every awardee a fair opportunity to be considered for a delivery-order or task-order exceeding the micro-purchase threshold unless one of the following statutory exceptions applies:

X 16.505(b)(2)(i)(A) The agency's need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

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.

16.505(b)(2)(i)(G) For DoD, NASA, and the Coast Guard, the order satisfies one of the exceptions permitting the use of other than full and open competition listed in 6.302 ( 10 U.S.C.

3406(c)(5)). The public interest exception shall not be used unless Congress is notified in accordance with 10 U.S.C. 3204(a)(7).

4. Justification Rationale:

The current task order is administered by APEX 2, is Firm-Fixed-Price (FFP), and expires on 25 May 2024. To continue these vital services required by ANGRC, an extension of up to 2-months is required in order to allow until the follow on to be awarded by 25 July 2024.

For the follow on, after careful analysis and review the acquisition strategy of an 8(a), tribal-owned sole source direct award under the STARS III vehicle to Cayuse Technologies, LLC, pursuant to FAR Part 19.805-1 (Contracting with the Small Business Administration (the 8(a) Program) and DFARS 219.805-1, “General”, is the best suited acquisition strategy.

For this requirement, 22nd Century Technologies is currently performing on this effort under awarded task order # 47QFPA20F0030, which was placed against contract # GS00Q17GWD2000, with a period of performance from 26 May 2020 to 25 May 2024, with a contract value of .

After award, the order was transferred to Region 11 and the current contract was assigned a new Task Order # 47QFDA22F0026 with a two-year period of performance from 26 May 2022 to 25 May 2024

Executing a sole-source contract to 22nd Century Technologies is required to ensure that a lapse in coverage for this mission critical IT Help Desk support does not adversely impact the ANGRC’s Joint Base Andrews, resulting in vulnerabilities that jeopardize national security. These services are required to ensure responses to service during a national level event, or international incidents. A loss of these services will impact the ANGRC’s ability to respond as required by the U.S. Congress.

Additionally, GSA is undergoing a major organizational structure change from twelve (12) regions to five (5) Acquisition & Procurement Centers of Excellence (APEXs). In March/April 2024, as a result of this structure change, APEX 3 transferred this requirement to the current contracting/program team in APEX 2, resulting in a learning curve as the new team came up to speed on the requirement. Positions throughout GSA (including the competition advocate, the procurement executive, etc.) are all being officially appointed and the review process for Justifications and Approvals is now being finalized. This up to 6-month task order extension allows GSA time to codify these appointments and processes to allow for a larger contract action to be solicited and awarded for these vital services.

Contractor’s Unique Qualifications As the contractor currently performing this requirement (and as the contractor who has performed these services for 4 years), 22nd Century Technologies possesses the following qualifications to provide the services that meet the requirement for up to an additional 6-month task order extension. As the incumbent:

● The contractor has the necessary qualified personnel with appropriate combinations of education, training, experience, and detailed familiarity, with the IT Help Desk requirement to effectively train government personnel without a gap in service.

● The contractor has the necessary resources, technical processes, and infrastructure, to manage, perform, and administer the contract, beginning 26 May 2024, for the up to 6-month performance period without a gap in service.

5. Contracting Officer Determination - Fair and Reasonable Cost:

The anticipated cost to the Government is

This cost stems from the Independent Government Cost Estimate (IGCE), which was built on pricing and hours from the current 22nd Century Technologies contract (issued off the pre-established 8(a) STARS II GWAC IDIQ vehicle and the historical costs for similar work in this current option period.

The IGCE is also based on rates from the prior GSA 8(a) STARS II GWAC task order for IT Help Desk support services.

The process for arriving at a fair and reasonable price is that GSA will use the techniques in FAR 15.402, “Pricing policy”, as well as negotiations to ensure that 22nd Century Technologies contract price is fair and reasonable. Specifically, GSA plans to use (1) historic cost information contained in the current 8(a) STARS II GWAC Task Order; (2) other than certified cost and pricing data obtained from 22nd Century Technologies; and (3) Government established objectives based upon the IGCE.

In sum, due to GSA utilizing an already-established IDIQ and having historical pricing for comparison purposes, the Contracting Officer believes the anticipated cost will be fair and reasonable.

6. Other Supporting Facts:

On 15 November 2023, under the previous GSA contracting/program office team (this work was reassigned from them to APEX 2 as of April 2024), the STARS III GWAC program office did a scope review and confirmed that this requirement would fit within the STARS III GWAC parameters.

Additionally, on 13 March 2024, the SBA provided a letter to serve as acceptance in determining that Cayuse Technologies, LLC meets the 8(a) Business Development Program’s social disadvantage requirement, as applicable, for the recompete.

7. Statement of Actions to Overcome Barriers to Competition:

GSA intends to meet its small business goals and continue to meet its clients’ objectives by utilizing the 8(a) STARS III GWAC IDIQ for the follow on.

8. Requiring Agency Certification:

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 (FAR 6.303-2(c)).

Director, IT Operations

Air National Guard Readiness Center

9. Contracting Officer Certification:

The undersigned has determined that the anticipated cost to the Government for this acquisition will be fair and reasonable. Further, I certify that this justification is accurate and complete to the best of my knowledge and belief (FAR 6.303-2(a)(12)).

Contract Specialist, APEX 2, Sector 4 Assisted Acquisition Services (AAS) General Services Administration (GSA)

Contracting Officer, APEX 2 Contracting Team Lead, Sector 4, Assisted Acquisition Services (AAS) General Services Administration (GSA)

10. Approving Official Certification:

Please see Item#9 above, as the contracting officer is the approval authority for this document.