Exception to Fair Opportunity (FAR 16.5) GCP MCCRP Subscription Redacted.pdf

PROCUREMENT SENSITIVE INFORMATION – FOR OFFICIAL USE ONLY

Exception to Fair Opportunity under FAR Part 16.505

In accordance with FAR 16.505(b)(2)(ii), Contracting Officers may solicit from one awardee if the Contracting Officer determines one of the exceptions listed at FAR 16.505(b)(2)(i) applies.

1. Identification of the agency and the contracting activity:

Uniformed Services University of the Health Sciences (USUHS), Acquisitions Directorate

(ACQ).

2. Nature and/or description of the action being approved:

Issuance of a new, firm-fixed price delivery order awarded from contract NNG15SC28B.

3. Description of the supplies or services required to meet the agency’s needs (including estimated value):

USUHS has a requirement for continuation of the cloud-first, cloud-native platform for ongoing School of Medicine, Murtha Cancer Center Research Program (MCCRP), research. The estimated price is

4. Identification of the exception to fair opportunity and the supporting rationale, including a demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the exception cited. If the contracting officer uses the logical follow-on exception, the rationale shall describe why the relationship between the initial order and the follow-on is logical (e.g., in terms of scope, period of performance, or value).

The exception to fair opportunity is based on urgency in accordance with FAR 16.505(b)(2)(i)(A). USUHS previously fulfilled this requirement via calls to an agency blanket purchase agreement with CDW-G. However, that BPA ordering period expired.

USUHS anticipated ordering from the Joint Warfighting Cloud Capability (JWCC) multiple award contracts but that contractual vehicle was not available for FY 24 orders.

ACQ received actionable requirements packages for all Google Cloud Points requirements on 16 Aug 24. However, need by dates for these requirements are as early as 1 Sept 24 accounting for the required vendor processing time after receipt of award.

ACQ conducted market research to determine the requirements could be met via NASA SEWP during the week of 19-23 Aug; however, there is not sufficient time to post an RFQ to NASA SEWP, conduct technical evaluations of vendors, and make an award before the agency need by date.

5. Determination by the Contracting Officer that the anticipated cost/price to the

Government will be fair and reasonable.

ACQ will determine prices fair and reasonable based on comparison of the proposed price with prices found reasonable on previous purchases.

PROCUREMENT SENSITIVE INFORMATION – FOR OFFICIAL USE ONLY

6. Any other facts supporting the use of other than full and open competition:

None.

7. A statement of the actions, if any, the agency may take 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:

ACQ intends to acquire future Google Cloud Points requirements through competition.

Specifically, the JWCC multiple award contracts will be available for ordering in FY 25.

Certifications

Technical/Requirements Personnel:

As evidenced by the signature below, the technical/requirements personnel have certified that any supporting data contained herein which is their responsibility is both accurate and complete.

Contracting Officer:

I hereby certify that the justification is accurate and complete to the best of my knowledge and belief, and one of the circumstances in FAR 16.505(b)(2)(i)(A) through (E) and (G) applies to the order.

X Approved Disapproved