EFO-BC_SZ_SAFS Signed v1_Reacted.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 6v 18 Jan 2024 CONTROLLED UNCLASSIFIED INFORMATION Page 2 of 6 acquisition support, strategic communication and information management, acquisition reporting, task management, budget integration and analysis, financial reconciliation, administration and personnel support.

SSC/BC and SZ have large, complex and highly-specialized mission sets that require significant sized staffs to execute. These organizations do not organically have the required number of employees to accomplish their missions and therefore contracting for additional support is mission critical. At times, up to 68% of the total number of personnel (military+ government employees + contractors) executing these missions have been contractors. These organizations simply could not execute their mission without this contracted support and therefore a lapse in this support would be a significant detriment to SSC. These services will enable BC and SZ to adequately and efficiently fulfill their acquisition roles in a research and development space-centric environment.

Space Systems Command (SSC) is responsible for the effective planning, acquisition, management and administration of Air and Space Force worldwide space and missile systems programs in support of global military operations. The services provided by this bridge action will directly support the BC and SZ Program Offices in accomplishing this mission.

Estimated Cost:

Base Period (12 Months):

Option 1 (3 months):

Option 2 (3 Months):

Total:

Funding: USSF fiscal year 2024, 2025 or 2026 (as appropriate) Research and Development (3620) appropriation funds will be obligated to support this bridge action. Funding is provided by the specific programs in reciept of the services and will be reviewed for proper fiscal law consideration at the time of obligation.

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

FAR 16.505(b)(1)(i) requires the Contracting Officer to provide each awardee a fair opportunity to be considered for each order exceeding the micro-purchase threshold (set at $10,000) issued under multiple delivery-order contracts or multiple task-order contracts unless a statutory exception applies.

BCK has determined that the exemption FAR 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" is appropriate to this bridge action for the reasons identified below.

In order to effectively execute this requirement, the contractor must provide personnel that are highly specialized and capable of executing BC and SZ's unique mission sets. The personnel must have up to 15+ years of relative experience and subject matter expertise in the mission areas that are unique to SZ and BC. Furthermore, all contracted personnel must possess a government secret security clearance at a minimum, certain personnel are required to possess a Top Secret/Sensitive Compartmented Information (TS/SCI) clearance and the contractor must have an approved DD-254 "DoD Contract Security Classification Specification".

Although BC and SZ have actively been working towards awarding a competitive, enterprise, multiple award contract vehicle for these requirements since quarter 1 of calender year (CY) 2023, due to several unexpected delays, the Government has determined that this contract vehicle will not be awarded with adequate time prior to the expiration of the existing BC/SZ TO (20 Aug 24) to conduct a TO source selection which will allow the selected contractor appropriate time to on-board the requisite personnel and gain the necessary security clearances and approvals (Please see section 6 of this EFO for further details on the follow-on competitive acquisition). The incumbent contractor currently has the appropriate secret and TS/SCI cleared personnel with the expertise and familiarity of critical SSC/BC and SSC/SZ weapon system programs in the design, development, test, integration and/or sustainment phases, as well as an approved, active DD-254. Historically, it can take 4+ months for the DD-254 to be approved for a newly awarded contractor. An award to any other source would adversely impact mission readiness and result in unacceptable delays to major weapon system programs. This bridge contract for A&AS services enables the Government to maintain the required skillset, unique experience and historical knowledge without jeopardizing the mission while future competitive actions for this support are being performed.

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

The contracting officer anticipates price will be determined fair and reasonable and in the best interest of the Government based on:

(1) technical evaluation

(2) historical data from identical work performed previously under Task Order 47QFPA20F0001

(3) independent government cost estimate (IGCE)

(4) cost/price analysis IAW FAR 15.4 and DCMA, DCAA if applicable.

(6) Other facts supporting the justification:

SSC/SZ is currently in the process of awarding a competitive multiple award Indefinite Delivery/ Indefinite Quantity (ID/IQ) Contract for A&AS services. The name of this effort is Hemisphere (Hemi). The Government initially expected to release the solicitation for Hemi in the 4th quarter of CY23; however, due to feedback from industry and subsequent changes to the requirements and acquisition strategy, the Government's solicitation schedule was delayed. SSC/SZ originally released the solicitation on SAM.gov in the 1st quarter of CY24. The Government received feedback from industry on the solicitation on multiple occasion and executed 8 amendments to the solicitation as a result. Due to the amendments, the proposal deadline was shifted from the 1st quarter of CY24 to the 2nd quarter of CY24. As of the writing of this EFO, the Government is is source selection for the Hemi award.

Since the initial acquisition planning of Hemi, SSC/BC and SSC/SZ have intended to competitively award their follow-on A&AS contract actions under Hemi. Market research and acquisition planning indicate that BC and SZ will maximize competition and obtain best value for their A&AS requirements by utilizing Hemi, and therefore the Government has decided to execute this bridge action until TOs under Hemi are awarded and ready for performance.

The Government has established the 18 month PoP for this bridge action in an effort to account for the time to award Hemi and to allow for the smooth transition of work to the subsequent competitive TOs that will be awarded under Hemi. Although it planned that Hemi will be awarded by the end of CY24, there are many schedule uncertainties. Further, the process to solicit and award the TOs still must occur and those TOs awards must be prioritized. BC and SZ's intention is to begin performance on the subsequent TOs awarded under Hemi as soon as possible while still providing the awarded contractor adequate time for hiring, on-boarding and clearance/DD-254 processing. Once performance is ready to begin on the Hemi TOs, BC and SZ will not execute any additional option periods that are included in the PoP of this bridge action. The Government assessed that a PoP of 18 months will permit the Government enough time to adequately execute competitive TOs under Hemi while accounting for schedule risks and an appropriate time period for the awarded contractor(s) to prepare to begin performance.

(7) Actions the agency may take to remove or overcome any barriers to increasing fair opportunity before any subsequent acquisition for the supplies or services:

SSC/BC and SZ are committed to ensuring competition for it's requirements to the maximum extent practicable. Ongoing market research indicates that the Hemi ID/IQ will permit for high levels of competition for the requirements that are included in this bridge action. SSC/BC and SZ are actively acquisition planning to ensure that competitive FOPRs for the follow-on TOs can be released on Hemi when the ID/IQ is ready. BC and SZ have already built their competitive follow-on FOPR packages and issued one Draft RFP (Draft RFP released on OASIS Pool 5b) in an effort to gain industry feedback. This bridge action will promote and enable competition through the Hemi ID/IQ. The 18 month PoP permitted by this EFO will allow the Government ample time to guarantee that the follow-on contract actions for these requirements will be awarded competitively.

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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.

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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.