A02JandACYBERPOINT.pdf

JUSTIFICATION REVIEW DOCUMENT

FOR JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

Supply/Service: Developing highly technical Artificial Intelligence (Al) products and providing program support for the Chief Digital and Artificial Intelligence Office (CDAO).

Authority: 41 U.S.C. 1901

Prepared by:

Contracting Officer:

Technical:

Requirements:

Mark Martinez Contracting Officer Email: mark.martinez2.civ@mail.mil

DSN: N/A

Reviews: I have reviewed this justification and find it adequate to support other than full and open competition.

Program Manager:

Department of Army Justification and Approval for Other than

Full and Open Competition

1. Contracting Activity: U.S. Army Contracting Command - Rock Island (ACC-RI) Rock Island Arsenal, Rock Island, IL 61299-8000.

2. Description of Action: The CDAO requests a Firm-Fixed Priced standalone bridge modification, extending Blanket Purchase Agreement (SPA) FA7014-20-A-0021 , Call Order FA701420F0264 with C berPoint International LLC hereafter "C berPoint").

ACC-RI projects execution for , Operations and Maintenance (O&M) funds. n acquIsI ,on pan ,s no require ecause this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement (DFARS) 207.103(d)(i)(B).

SPA FA7014-20-A-0021, Call Order FA701420F0264 will expire on 27 July 2023. Efforts to conduct a competitive follow-on are underway, but for reasons described in paragraph 5, the new Call Order will not be in place prior to expiration of the current contract. This action is a bridge modification to ensure continuation of these critical services for CDAO while the Government continues to work toward award of Al Talent 2.0.

3. Description of Supplies/Services: This is a performance based, service contract which supports the CDAO in identifying, managing, and developing Al products across the department. CyberPoint wi ll provide defense, industry, and academic experience to help inform the CDAO's efforts to rapidly deliver Al powered capabilities and products across the Department of Defense (DoD), in support of national security and military strategies.

Key areas of defense, industry and academic experience include, but are not limited to, acceleration of the adoption of Al across the DoD, assistance with scaling the Department-wide im act of A l, ands nchronization of DoD Al activities to ex and Joint Force advanta es.

~cation extension will be for

- The estimated dollar value ,s

4. Authority Cited: 41. U.S.C. 1901 , as implemented by Federal Acquisition Regulation (FAR) 13.501 (a)(1 )(ii), Sole source under the simplified procedures for certain commercial items.

5. Reason for Authority Cited: As described in FAR 13.501 (a)(1)(i), the contracting officer may conduct sole source acquisitions only if the need to do so is justified in writing and approved at the levels specified in FAR 13.501 (a)(2).

The events preventing the award of the Al Talent 2.0 Basic Ordering Agreement (BOA) and transitioning this requirement to a new task order, prior to the expiration of the current call order, include unforeseen delays in the acquisition requirements package and a change in strategy from awarding Al Talent 2.0 as a BPA to awarding it as a BOA.

The Al Talent 2.0 follow-on strategy was changed from a BPA to a BOA in order to utilize task orders in which a dollar threshold limitation would not be required. Extended time was also requ ired for proposal evaluations due to the large number of technically acceptable proposals received.

The Government is in the final stages of the acquisition recesses of the Al Talent 2.0 BOA. The resulting task order competition will give the opportunity to compete for requirements.

6. Efforts to Obtain Competition: ACC-RI shall publish the notice required in accordance with (IAW) FAR 5.201. Because th is is a sole source action , effective competition is not applicable. The Government will achieve subcontracting competition by inserting FAR Clause 52.244-5, Competition in Subcontracting, into the current call order by modification , which states that the contractor shall select subcontractors on a competitive basis to the maximum practicable extent.

7. Actions to Increase Competition: As indicated above, this was competitively aw~ small business, and will be competed again upon expiration of the- The Government intends to award a follow-on contract for Ion -term su ort on a com etitive basis.

8. Market Research: Market research was completed in April 2023 for a similar Al Talent requirement from the CDAO, indicating that all Al Talent vendors remain interested in competing on th is requirement. The CDAO utilizes Integrated Product Teams IPT for in-de th market anal sis to satis the need for an informed decision.

CDAO reviewed the _ , including CyberPoint, and determined the BPA holders remain ~ e proven satisfactory performance. There are many vendors capable of staffing Al-centric personnel and meeting the needs of the CDAO. While these vendors are capable of providing these personnel, it is, however, in the best interest of the Government to continue using CyberPoint so there is not a break in service and to reduce unnecessary administrative burden on the contracting office and

CDAO.

As part of additional market research to review other sources, the CDAO researched offerin s from GSA vehicles such as

In summary, there are many Al Talent vendors capable of staffing the Al-centric personnel and meeting the current needs of CDAO. While other vendors are capable of providing the necessary personnel, those vendors would not be able to mobilize in time to prevent a break in services. Therefore, it is in the best interest of the Government to continue using CyberPoint for the immediate, short-term need until the requirement can be adequately recompeted and transitioned effectively to a task order under the Al Talent 2.0 BOA.

9. Interested Sources: At time of solicitation- on Al Talent submitted a proposal for this requirement. It is~ competition to vendors in August 2023 when this effort is fully re-competed.

10. Other Facts:

a. Procurement History

BPA: FA7014-20-A-0021 /FA701420F0264

Contractor: CyberPoint Award Date: 29 September 2020 Competitive Status: 100% SB Set-Aside

11. Technical Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

12. Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based on the SPA price lists that were determined fair and reasonable upon award. Certified cost or pricing data is not required IAW FAR 15.403-1 (b)(3).

Date: 7/7/23 MARTINEZ.MA o;g;t,llys;goed by

MARTINEZ.MARK 11 32142676

RK.1132142676 Date 2023 0707112336 -05D0"

Mark Martinez Contracting Officer

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

7/7/23 Date:

MARTINEZ.MA o;g;1a11ys;gnedby

MARTINEZ.MARK.1132142676

RK.1132142676 Date 2023.07.07 1124.D2-05Ul

Mark Martinez Contracting Officer

Approval

Based on the foregoing justification, I hereby approve this procurement on an other than full and open competition basis pursuant to the authority of 41. U.S.C. 1901, subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Date: Signature:

MARTI NEZ. MA 0 ;9;1a11y s;gned by

M.ARTINEZ.MAAK.1132142676

RK.1132142676 Date 20230707 112429 -0500"

Mark Martinez Contracting Officer