BV_Mod_FY19_ETFO_2019_06_13_FBO.pdf

Defense Threat Reduction Agency

8725 John J. Kingman Road, Stop 6201

Fort Belvoir, VA 22060-6201

EXCEPTION TO FAIR OPPORTUNITY JUSTIFICATION

1. Nature and/or Description of the Action

The Defense Threat Reduction Agency (DTRA) contracting activity proposes to award a contract modification on a sole source basis to Black and Veatch (B&V) for support to the Biological

Threat Reduction Program’s (BTRP) engagement activities in Iraq. This contract modification will and increase the level of effort for additional work within scope of the task order. The original award was competed amongst four Biological Threat Reduction Integrating (BTRIC) Indefinite Delivery Indefinite Quantity

(IDIQ) Contractors. The total estimated increase to the subject order is approximately $8.5 million.

2. Description of the Supplies/Services Required

BTRP plans to implement an approved list of renovations, equipment procurement, and associated trainings at 20 selected laboratory suites in Iraq. Under the subject modification, BTRP will increase the effort within the scope to the existing B&V task order in order to complete all identified requirements at the laboratory suites.

B&V provides technical and logistical support to the Iraq FETP. FETP has historically been successful in developing a competent field epidemiology workforce in Iraq. Under the subject modification, BTRP will add support for the development and implementation of a one-year intermediate level FETP in order to increase participation in the program among human and animal health professionals.

3. Exception to Fair Opportunity

The statutory authority for this Exemption to Fair Opportunity is identified under 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 issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

In this case, issuance of a new task order for this effort is not in the best interests of the U.S.

Government for reasons described below. There is suffucient ordering value remaining on the ceiling of the BTRIC IDIQ contract to accommodate the subject modification.

4. Justification Rationale

This subject modification is a logical continuation to ongoing work being performed by B&V in

Iraq. The use of the established contractor greatly reduces cost and risk to the Government. B&V has established subcontracts with local Iraqi companies as required by U.S. Embassy Baghdad in order to overcome travel limitations and security restrictions. United Ramin Information

Technology Services (RiTS) and Wacol maintain offices and staff in Baghdad, Iraq, while B&V manages the project from the United States. B&V has conducted an extensive security assessment and established protocols for navigating the complex security precautions necessary for any work in Iraq. If BTRP competed the additional work as outlined in this document, a new company would have to expend significant time and money to establish the same quality of operations as B&V in Iraq. The Government does not expect to receive a better price by competing this additional work amongst contract holders.

Also, the additional work outlined in this document is of the same type and scope as the current

B&V task order. The additional work would easily tie into existing project plan timelines. B&V is already conducting renovations, equipment procurement, and associated trainings at the 20 selected laboratory suites. At the current phase of the project, B&V can adjust project plans to accommodate the completion of additional requirements in each lab suite in a way that minimizes disruptions to normal laboratory operations. This approach would also minimize travel, labor, and shipping costs by avoiding fragmentary implementation. If a new implementer were to compete for this work, BTRP would expect delays and duplication in implementation of follow-on efforts.

When considering the high turnover of Government of Iraq representatives within the Ministries of Health and Agriculture, consistency of the implementation team adds value to BTRP’s investment in laboratory engagements. Continued work with B&V will ensure that the engagement remains straightforward for U.S. and Iraqi partners.

The actual competitive benefit of adding an additional performer, when there is an existing task order for this type and scope of work, is negligible. Future opportunities for work in additional laboratory suites in Iraq will be competed in a new task order. For the reasons stated above, it is in the Government’s best interest to extend the existing B&V task order.

The Statement of Work will be updated in the planned modification to clarify and explicitly refer to the additional tasks to be acquired. The contractor will be required to submit a cost and technical proposal which will be evaluated by the Government. An independent government cost estimate (IGCE) has been developed and will be used as a tool to evaluate the reasonableness of the contractor’s proposed pricing. Negotiations will be conducted if needed to arrive at a fair and reasonable price.

5. Market Research

The Market Research Report, dated May 14, 2019, was relied upon to support execution of the efforts described above. Market research showed that the other BTRIC contractors could likely perform the work being added under this subject modification. However selecting a new contractor would result in and an estimated delay of

8 months to the period of performance causing significant delays and duplication of work already performed by B&V. Conducting a new fair opportunity competition would be disadvantageous to the Government in terms of performance, schedule, and almost certainly, cost.

6. Other Supporting Facts

None.

7. Subsequent Actions

After the current B&V task order concludes, BTRP will compete any future work for additional laboratory engagements in Iraq.

Technical Certification

I certify that the data and information forming the basis for this justification are accurate and complete to the best of my knowledge and belief.

Project Manager Date

Contracting Officer Certification and Determination

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

Additionally, I determine that the order represents the best value consistent with Federal

Acquisition Regulations.

Contracting Officer Date

Fort Belvoir, VA 22060-6201

General Counsel Coordination

This justification is legally sufficient.

Attorney Date

Approval

Based on the above justification, I hereby approve accomplishment of this acquisition by means of limited sources.

Competition Advocate Date

June 13, 2019