EMERALD CLASS JUSTIFICATION AND APPROVAL 2024_Redacted.pdf

UNCLASSIFIED

CLASS JUSTIFICATION

FOR OTHER THAN FULL AND OPEN COMPETITION

PURSUANT TO FAR 6.303

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CONTRACT NUMBERS: HM047616D0006 (WISC), HM047616D0009 (NEW RIVER),

HM047616D0010 (AGILE SUPPORT ALLIANCE(ASA)), HM047617D0001 (KNOWLEDGE LINK),

HM047617D0002 (ST. MICHAEL'S), AND HM047617D0004 (S2).

1. IDENTIFICATION OF THE AGENCY AND THE CONTRACTING ACTIVITY.

National Geospatial-Intelligence Agency / Office of Contract Services (OCS), 7500 GEOINT Drive, Springfield, VA 22150.

2. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED.

(U) This justification seeks approval to extend the class of six (6) Indefinite Quantity/Indefinite Delivery (IDIQ) contracts and all subsequent, associated active task orders, herein collectively identified as EMERALD. The requirements are for NAICS 541611, Administrative Management and General Services.

The six (6) contracts are held by . The current Period of Performance (PoP) for the aforementioned IDIQ contracts will expire on 15 December 2024. The requested extension will extend the PoP for, a not-to-exceed total of twelve (12) months: 16 December 2024 to 15 December 2025, to ensure there are no gaps in-services for EMERALD, while the follow-on IDIQ contract, CLOVER, and its task orders are competed and awarded.

(U) EMERALD is a 100% small business set-aside Multiple Award, IDIQ contracts that were competitively awarded, on 23 September 2016 for a base year plus four (4) twelve-month option periods. The EMERALD contractors provide Total Lifecycle Acquisition, Strategic Financial and Business Management Support Services.

(U) As a result of the Small Business Administration (SBA) changes, Pre-award and Post-award protests, there were several interruptions that affected the solicitation, source selection, and award process. For example, the release of the CLOVER Request for Proposal (RFP) during the summer of 2021 was hindered.

(U) After several iterations of discussions with the SBA, OCS leadership and OGC, the CLOVER RFP was released on December 10, 2021 with a due date of January 25, 2022. The RFP released and a series of protests and corrective actions ensued, which resulted in delays in the contract awards. Eventually NGA awarded five (5) IDIQ contracts on May 24, 2023. Subsequently, the Agency received multiple GAO-level Post-award protests and, after filing Notices of Corrective Actions, the protests were formally dismissed for the Agency to take corrective action. The Agency then released three RFP Amendments as part of the corrective action and another protest of the corrective action was filed with the Court of Federal Claims (CoFC). In December 2023, the Emerald contracts were extended while NGA awaited the CoFC decision. A decision was received on August 29, 2024. However, the way forward remained unclear due to other CoFC decisions that were in conflict with the decision on CLOVER. In November 2024, the FAR Council issued an interim ruling which clarified their intent with regard to the issues in

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This action is justified pursuant to FAR 6.302-1(a)(2)(iii), this is a follow-on contract for the continued provision of highly specialized services and it is likely that award to any other source would result in substantial duplication of cost or unacceptable delays.

The purpose of this extension is to continue support services currently being provided by the existing contractor workforce. Although not all of the services provided herein are highly specialized and market research has indicated other contractors could perform similar services with adequate transition time, circumstances do not allow for a transition period for the limited time duration that the extension would cover.

Current IDIQ holders have amassed technical experts with unique knowledge of supporting NGA under the task orders identified in Section 3 herein. Extending the PoP in accordance with the direction as stated herein will allow for continuity in operations and avoid significant gaps in service while activities for the follow-on contract, CLOVER, is being competed.

Awarding to different contractors would likely result in a substantial duplication of costs that are not expected to be recovered through competition and would also result in unacceptable delays in fulfilling

. Having different contractors perform the same work that the EMERALD contractors have been performing would result in a duplication of costs. Conducting two competitions in tandem (the CLOVER IDIQ and task order competition and a separate competition to cover the time period necessary for this extension) would require not only one, but two transition periods and be highly disruptive to mission causing discord in continuity of operations. The costs associated with an overlapping transition period cannot be recovered through competition of the eventual CLOVER IDIQ/task orders as the award of CLOVER requirements will cover multiple years.

6. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE SOLICITED FROM AS MANY

POTENTIAL SOURCES AS IS PRACTICABLE.

Office of Contract Services (OCSC) along with follow- EMERALD requirements. The anticipated award is projected in 2025. The agency has been actively working on the procurement for this follow-on contract since 2021.

However, due to multiple protests, corrective actions, and the extended period of time awaiting the most recent decision from CoFC, there have been significant procurement delays. NGA plans to award a follow-on contract for these services as soon as feasibly possible. The follow-selection strategy will provide for competition among all eligible offerors.

7. CONTRACTING OFFICER DETERMINATION THAT THE ANTICIPATED COST TO THE GOVERNMENT WILL

BE FAIR AND REASONABLE.

Before award of any contract action, the Contracting Officer will determine if the price is fair and reasonable by conducting price analysis in accordance with FAR 15.404-1(b). The EMERALD IDIQ contracts and subsequent task orders were procured competitively and the rates established in the contract were determined fair and reasonable based on price analysis.

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8. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE RESULTS OR A STATEMENT OF THE

REASON MARKET RESEARCH WAS NOT CONDUCTED.

Market research was conducted for the follow-on procurement, CLOVER. No additional market research was conducted for an additional 12-month extension to EMERALD. Generally, other sources are likely capable of performing the requirements associated with EMERALD. However, for reasons cited in paragraph 5 herein, awarding to different contractors would result in a substantial duplication of costs that are not expected to be recovered through competition and would also result in unacceptable delays in EMERALD contractors have been performing would result in a duplication of costs. Conducting two competitions in tandem (the CLOVER IDIQ and task order competition and a separate competition to cover the time period necessary for this extension) would require not only one, but two transition periods and be highly disruptive to mission causing discord in continuity of operations.

9. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN COMPETITION.

All of the vendors (WISC, New River, ASA- ) have an overall Satisfactory rating as of the last Performance Assessment Report for the services provided under their respective EMERALD task order contracts.

10. LISTING OF SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN INTEREST IN THE ACQUISITION.

None. While it is possible for other companies to provide the required technical services, as discussed above, this would result in an unacceptable delay in the provision of services and result in substantial duplication of costs since NGA is currently in the post-award protest phase for the competitive follow-on contract encompassing EMERALD IDIQ and task order requirements. The incumbent contactors already have the organization and personnel in place to provide these services without any transition required.

11. STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE OR OVERCOME ANY

BARRIERS TO COMPETITION BEFORE ANY SUBSEQUENT ACQUISITION FOR THE SUPPLIES OR SERVICES

REQUIRED.

The steps by NGA to foster competition include conducting outreach to Industry and sponsoring Industry Days to increase the industrial base for future NGA requirements. The EMERALD follow-on contract (CLOVER) will be awarded on a competitive basis, and each offeror will have an opportunity to be considered for the requirements in accordance with the FAR.

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CERTIFICATIONS AND APPROVAL

AWARD WITH AN ESTIMATED VALUE EXCEEDING $100 MILLION

PM/COR CERTIFICATION:

I certify that any supporting facts and data under my responsibility which form a basis for this Justification are accurate and complete to the best of my knowledge and belief.

SIGNATURE: DATE:

EMERALD/CLOVER Branch Chief, TCC

S FIRST LINE SUPERVISOR CERTIFICATION:

I certify that the facts and data which are included in this Justification are accurate and complete to the best of my knowledge and belief.

Division Chief, TCC

DIRECTORATE HEAD OR AGENCY ELEMENT HEAD CERTIFICATION:

I certify that the facts and data which are included in this Justification are accurate and complete to the best of my knowledge and belief.

SIGNATURE DATE:

Deputy Director, TC

CONTRACTING OFFICER S CERTIFICATION:

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

OCSC Branch Chief, Contracting Officer