M04_JA_HQ0034-20-F-0386_ 2 Mos Bridge_Fully Signed.pdf

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DEPARTMENT OF DEFENSE

WASHINGTON HEADQUARTERS SERVICES

1155 DEFENSE PENTAGON

WASHINGTON, DC 20301-1155

Acquisition Directorate Control No. WHS-2025-1616-JA

July 4, 2025

JUSTIFICATION FOR LIMITED SOURCE JUSTIFICATION (LSJ) UNDER

FEDERAL ACQUISITION REGULATION SUBPART 8.4

HQ0034-20-F-0386, JMARK Services, Inc.

1. AGENCY AND CONTRACTING ACTIVITY: The Department of Defense (DoD), Washington Headquarters Services, Acquisition Directorate (WHS/AD), Enterprise Office of the Secretary of Defense Division (EOSD), Technical Analysis Branch (TAB) on behalf of the Office of the Under Secretary of Defense for Intelligence and Security (OUSD(I&S)) Counterintelligence, Law Enforcement & Security (CL&S) Office.

2. DESCRIPTION OF ACTION: OUSD(I&S) CL&S has a continuing need for Specialized and

Sensitive Administrative, Policy, Operations, and Analytic Support, provided under contract HQ0034-20-F-0386 JMARK Services Inc. The current contract expires July 13, 2025, and the Government intends to extend the period of performance (POP), due to a bid protest filed on March 6, 2025, against the two task orders that directly affects continuity of receiving the CL&S support services. Therefore, a four (2) month extension will be required for continuity of services while the Government completes the protest process and awards a BPA Call Order for this requirement in September. The extension will be awarded as a Firm-Fixed Price (FFP) and Labor Hours (LH) contract type, with a total value of $176,502.00, using Fiscal Year 25 Operation and Maintenance Funds. The POP will be extended from July 14, 2025 – September 13, 2025

3. DESCRIPTION OF SUPPLIES/SERVICES: The DDI (CL&S) requires policy, operations, and analytic support in various functional areas to fulfill its core functions: (1) developing and managing resources to address intelligence mission and security requirements, (2) policy formulation, (3) conducting outreach to appropriate DoD components and Intelligence Community (IC) elements, (4) industrial partners and providing oversight of counterintelligence, (5) identity intelligence and biometrics, (6) law enforcement, and security activities. To meet these requirements, the CL&S workforce leverages a mix of DoD civilian, military, Joint Duty Assignment (JDA), liaison officers, and contract personnel. Contract personnel perform a variety of tasks alongside government employees in support of CL&S’s mission.

Controlled by: WHS/AD CUI Category(ies): SP-PROCURE

Limited Dissemination Control: FEDCON POC: Syreeta A. Donald, syreeta.a.donald.civ@mail.mil

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The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform services as defined in the contract Performance Work Statement (PWS), except for those items specified as government-furnished property and services. The Contractor shall perform to the standards in the contract. The Contractor’s performance and deliverables shall provide wide ranging specialized and sensitive administrative and program support at the direction of CL&S.

Performance Period(s) Performance Period Dates Amount Two (2) Month Bridge Extension 14 July 25 – 12 Sept 25 $176,502.00

4. CIRCUMSTANCES JUSTIFYING LIMITED SOURCES: This action is under the procedures of Federal Acquisition Regulation (FAR) 8.405-6(a)(1)(i)(C), in the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed under the Federal Supply Schedule ordering procedures. Th original order or BPA must not have been previously issued under sole source or limited sources procedures.”

Failure to extend these services and losing the support and expertise of the Galapagos Federal Systems, contract team would result in incalculable delays that would derail or halt missions across CL&S. These delays would impact the CL&S’s on-going efforts to develop directives, perform oversight functions, and execute processes that impact over $18 Billion of DoD investment in strategic capability development. CL&S resides within OUSD(I&S) and provides necessary support to develop broad thematic guidance focused on strategic capabilities and key adversaries; promulgate competitive strategies focused on specific defense issues. CL&S works across the DoD, with the Intelligence Community (IC), and with Non-Defense Federal Departments and Agencies (NDFDA) to develop integrated directives to align Operations, Activities, and Investments (OAI) for an influential effort in support of the National Defense Strategy (NDS). CL&S is responsible for oversight of all defense intelligence support and initiatives within the Department of Defense. In addition, to accomplish the work within the allotted schedule, an extension must seamlessly follow the initial effort to maintain continuity of services. Therefore, an extension to HQ0034-20-F-0386 is needed to maintain continuity of services and is the most logical and cost-effective solution to the Government, as a break in support is unacceptable and would cause detrimental mission failure to OUSD(I&S) and across the DoD, IC and with OAI initiatives with NDFDA. Directorates rely heavily on a multisector workforce comprised of Government civilian and Contractor personnel. Failure to extend support services poses significant risk to CL&S’s ability to effectively perform its mission due to the amount of time, on average six weeks, required to get new contract personnel on ramped and up to speed on contract performance requirements, which does not include other contract actions required to attempt to make use of any other existing contract vehicles whose PWS may or may not have the scope required to address CL&S requirements.

In addition, failure to extend JMARK Services Inc’s support would result in substantial duplication of costs to the Government. The substantial duplication of costs is estimated at $19,206.82 and includes more for 4 full time equivalents (FTE’s) needed from another vendor to provide a support service to OUSD (I&S) which is not expected to be recovered through competition. The Government would incur significant and unnecessary use of government funding for onboarding, training, and knowledge transfer costs and administrative activities in order to reach the current incumbent's level of expertise.

We estimate the following cost breakdown for duplication of effort:

Onboarding and Training: $2,834.26 Based on a week of onboarding costs which consists of in-doc with security, updating credentials on Common Access Card (CAC), Pentagon Access, and network accounts being processed.

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Knowledge Transfer: $5,664.12 Based on estimated 80 hours required for current staff to document work and transfer knowledge.

Opportunity Cost of Delays: $10,708.44 Assuming a 30-day lapse in service to complete the award, based on financial risk due to delayed ability to address national regulatory issues arising from key U.S. regulatory bodies, executive branch agencies. The ability to provide research and advice to develop and advance strategy that addresses the evolving international regulatory environment.

Awarding services to a contractor other than Galapagos Federal Systems LLCs would involve multiple transitions between potential vendors (incumbent vendor, temporary vendor, and new long-term vendor) which involves the Government paying multiple vendors for the transition of different contracts for an estimated $19,206.82 for continuous support. These multiple transitions involve additional resources and unnecessary costs for the Government, and can cause unacceptable risks, delays, and interruptions in services. To accomplish the work within the allotted schedule, the follow-on effort must seamlessly follow the initial effort to maintain continuity of services. Additionally, if a new contractor were to transition into the environment, it would cause a 21-30-day gap in support due to the amount of time that it would take to bring on new personnel, conduct the appropriate security indoctrination procedures, issue new accounts, and grant accesses to respective applications. These 30-days would not account for any ramp up or training time that would be needed, that would add another 15-30 days. This This sort of gap or work stoppage in support is unacceptable to continuity of CL&S’ mission. To maintain continuity of services, an extension of services is the most logical and cost-effective solution to the Government as a break in support would be detrimental.

5. BEST VALUE DETERMINATION: The Contracting Officer (CO) determines that the anticipated prices will be fair and reasonable by using the techniques identified at FAR 15.404-1 “Proposal Analysis Techniques,” specifically FAR 15.404-1(b)(2)(ii) and FAR 15.404-1(b)(2)(v) to ensure award will be at fair and reasonable prices. In addition, the Government will compare proposed prices set forth by JMARK to historical prices paid by the Government under the current task order contract, HQ0034-20-F-0386, as well as compare proposed prices within the Independent Government Cost Estimate (IGCE) prepared for the PoP extension.

6. MARKET RESEARCH: Due to the urgent need to extend services to avoid a lapse in contractor support, the Government posted a “Notice of Intent” on SAM.GOV to notify industry of its intent to extend services on July 7, 2025. The NOI posted did not receive any responses.

7. OTHER SUPPORTING FACTS: Due to the irreparable damage that may result to CL&S’s mission should services be interrupted with a gap in services during the bid protest process; a POP extension will be negotiated with JMARK to provide services until the protest process is complete. The task order extension will be issued as the most logical cost-effective strategy and solution to the Government which will avoid duplicative costs and unacceptable delays in fulfilling the agency’s requirement and a potential gap in performance of critical services until such time of protest conclusion.

8. ACTION TO REMOVE OR OVERCOME ANY BARRIERS THAT LEAD TO THE

RESTRICTED CONSIDERATION BEFORE ANY SUBSEQUENT ACQUISITION

FOR THE SUPPLIES OR SERVICES IS MADE: This requirement was initially competed with fair opportunity to the vendors deemed capable and eligible under the establishment of the WHS-AD OUSDI Enterprise multiple award BPA via the General Services Administration (GSA) Multiple Award Schedule (MAS) 8(a) Pool. However, due to bid protests filed against awards made from the fair opportunity solicitation, and severe time constraints due to the protests being filed days before the end of the fiscal year, the Government must restrict award consideration and implement an extension to JMARK while the Government works corrective action addressing the protest allegations, continuing the acquisition process. Soliciting an open competition for a bridge contract for these services will

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take at least 180 days, which would cause a gap in services. CL&S’s mission cannot afford any interruption of services or resultant gap in services to compete an additional contract during the bid protest. There could be irreparable damage to CL&S's mission should services be interrupted and/or delayed.

9. If this acquisition is for new work as a logical follow-on to on original Federal Supply

Schedule (FSS), was the original order was placed under the FSS ordering procedures?

Yes. A copy of the previous justification is attached. The actions to remove any barriers to competition cited on the previous justification were were not completed.

No. The original acquisition was conducted on a competitive basis.

Not Applicable. This is a new requirement.

CERTIFICATION

I, hereby, certify that the supporting data under my cognizance included in this justification are accurate and complete to the best of my knowledge and belief.

Corey Dawson, Contracting Officer’s Representative/Program Office Date

Syreeta A. Donald, Contracting Officer Date