Redacted PDSS III EFO.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 3 of 8v 18 Jan 2024 CONTROLLED UNCLASSIFIED INFORMATION Page 3 of 8

Technical support encompasses system architecture, administration, database management, and other essential services for the hardware and software used in data capture, storage, maintenance, distribution, conversion, editing, and linking.

PDSS supports mission-essential requirements for programs in accordance with DFARS 252.237-7023, DFARS 252.237-7024, DAFI 63-101, TO 00-5-1, and TO 005-3.

This requirement is assessed by the Program Office as mission-essential, with a complex scope of work.

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

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.”

The current task order FA853024FB002 was solicited competitively utilizing Fair Opportunity Procedures, but only one offer was received. The task order was awarded on 14 July 2024. The task order expires 13 July 2025, but it includes the option to extend services clause and may be extended up to 13 January 2026.

The United States Government (USG) has an urgent need to award a follow-on acquisition as sole source to the incumbent for the following reasons:

• Criticality and Urgency: This task order addresses mission-essential PDSS requirements for the DAF, deemed critical under DFARS 252.237-7023, DFARS 252.237-7024, DAFI 63-101, TO 00-5-1, and TO 005-3.

• Delaying award introduces a high risk of losing services into perpetuity for our more than 30 customers and over 13,000 users across the DoD and beyond. This enterprise mission-essential DAF program relies on highly specialized technical expertise and faces an urgent deadline. Risks include delays in mission essential TO delivery and access to vital engineering data and potential security vulnerabilities of sensitive data and systems. Even a temporary lapse in support will jeopardize future years of operation and have lasting consequences.

The timeline to pursue a competitive award on the current Alliant 2 GWAC based on history and multi-functional team assessment is approximately 11 months. This is based on the potential number of offerors under the GWAC (anticipating 4-5 offerors based on Market Research) and the cost realism analysis that would be required for each offeror (4-5 weeks per offeror).

The timeline for a sole source follow-on task order is approximately 4-6 months. This timeline was established by utilizing AFSC Cycle Standards, program history, and efficiencies implemented by the team (e.g., draft RFP).

• This follow-on bridge task order under the GWAC will allow time to continue to develop and execute a competitive IDIQ acquisition for subsequent task orders. The timeline estimated for this acquisition is 18 months. This timeline was established by utilizing AFSC Cycle Standards, similar efforts (value and scope) executed by team members, and to provide schedule risk mitigation. The goal of this acquisition is to move away from a GWAC in order to increase competition (full and open vs GWAC pool), reduce cost (elimination of Contract Access Fee (CAF)), and increase flexibility during execution (IDIQ vs Singular Task Order).

v 18 Jan 2024 CONTROLLED UNCLASSIFIED INFORMATION Page 4 of 8v 18 Jan 2024 CONTROLLED UNCLASSIFIED INFORMATION Page 4 of 8

• Unique Integration & Continuity of Support: Peraton, Inc. possesses a unique understanding of the complex IT infrastructure, interconnected systems, and specialized security requirements of the DAF PDSS. This includes:

• Deep familiarity with the Technical Order Authoring and Publishing (TOAP) Secure Technical Order Authoring and Publishing Repository (STOR) and Technical Data-Product Data Management (TD- PDM) systems and their integration points.

• Established expertise in managing subcontracts, labor, and equipment specific to these systems.

• Proven ability to operate effectively within classified networks (NIPRNet and SIPRNet).

Pursuant to DFARS 252.237-7023 and DFAR 252.237-7024, this task order is deemed mission essential. The supported systems are mandated for use and recognized as DAF systems of record under TO 00-5-1 and TO 00-5-3. The wide range of technical and engineering data services are enterprise-wide requirements. If this sole source follow-on task order is not awarded, there is a potential lapse in coverage and vital Information Technology (IT) infrastructure support for TOAP, STOR, and TD-PDM will be unavailable.

The requirements to support the mission essential applications are unable to be accomplished organically.

Market research (dated 11 March 2025) indicates Peraton, Inc. has unique capabilities based on a combination of experience, expertise, and established infrastructure to meet these highly technical requirements without causing significant delays or compromising ongoing operations.

Techniques utilized during the market research included multiple Sources Sought posted on SAM.gov and GSA Alliant 2, Internet Searches, and Sam.gov and Alliant 2 research. Based on the lack of capable responses from the open market sources sought and the GSA Alliant 2 vendor capabilities, the recommendation is to continue utilizing the GSA Alliant 2 IDIQ.

This proposed task order is essential to maintain uninterrupted mission-essential support during the transition to a competitive acquisition strategy.

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

The overall cost of this acquisition will be fair and reasonable to the USG. In accordance with FAR 15, the Contracting Officer will require the submission of certified cost or pricing data. Price analysis and cost analysis based on information obtained in certified cost or pricing data will be used to examine and evaluate the proposed prices to determine fair and reasonable pricing. Price analysis techniques include comparison of proposed prices to historical prices paid for a same or similar item; comparison with published price lists, offered catalog prices and prices obtained through market research for a same or similar item; comparison of proposed prices with independent USG estimate; or analysis of data other than certified cost or pricing information. Cost analysis techniques include reviewing and evaluating the separate cost elements and profit or fee of the contractor's proposal to determine a fair and reasonable price utilizing certified cost or pricing data.

(6) Other facts supporting the justification:

None.

v 18 Jan 2024 CONTROLLED UNCLASSIFIED INFORMATION Page 5 of 8

(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:

Recognizing the goal of maximizing competition in USG acquisitions, the agency will take the following proactive steps toward procurement for subsequent PDSS support requirements:

• Immediate Planning: The program office is currently planning for the subsequent competitive acquisition. This will include establishing a dedicated team and a timeline for developing a comprehensive acquisition strategy and executing that strategy, which is estimated to be up to an 18-month effort. Part of the success of this planning effort will be a Memorandum of Understanding between the program office and contracting to ensure accountability and collaboration through all phases of award planning.

• Market Research and Industry Engagement: The agency will conduct thorough market research to identify potential sources on the open market with the capabilities to provide PDSS support. This will include:

o Request for Information (RFI): Issuing an RFI to solicit feedback from industry on the current requirements and potential alternative approaches.

o Review of SAM.gov and Other Databases: Actively searching SAM.gov and other relevant databases for potential vendors with relevant capabilities, with a focus on small businesses.

o Analysis of Market Research Data: Analyzing the data gathered from market research to identify potential sources, assess the competitive landscape, and refine the acquisition strategy.

• Requirements review in existing Performance Work Statement (PWS) is in process to identify areas where we may make updates that could favor more competition for the next solicitation.

o Identifying and Eliminating Restrictive Requirements: Eliminating any requirements that are not essential to the mission and that may unnecessarily limit the pool of potential vendors.

o Review of Contract Type: Identifying potential requirements that could be move to a fixed-price contract type where and when practicable.

• Small Business Advocacy: Actively engaging with the Small Business Administration (SBA) and the agency's Small Business Office to identify opportunities to maximize small business participation in the acquisition. This could include attending small business outreach events, conducting market research to identify qualified small businesses, and considering small business set-aside opportunities.

(8) Program Manager's certification that supporting data is accurate and complete:

As evidenced by my signature below, I certify that any supporting data contained herein, which is my responsibility, is both accurate and complete.

(9) Contracting Officer's certification that the justification is accurate and complete:

As evidenced by my signature below, I certify that the justification is accurate and complete to the best of my knowledge and belief.

v 18 Jan 2024 CONTROLLED UNCLASSIFIED INFORMATION Page 7 of 8

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.

v 18 Jan 2024 CONTROLLED UNCLASSIFIED INFORMATION Page 8 of 8

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.