ID10170007002.PS0010.J&A.pdf

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

UNDER IDIQ CONTRACTS (FAR 16.505)

The General Services Administration (GSA) makes this Justification for the issuance of an Exception to Fair Opportunity modification pursuant to Federal Acquisition Regulation (FAR) 16.505(b)(2)(i)(C).

1) Identification of Agency and Contracting Activity:

Requesting Agency

Defense Security Service (DSS) Center for Development of Security Excellence (CDSE) 938 Elkridge Landing Road Linthicum, MD 21090

Servicing Agency/Contracting Activity

General Services Administration Federal Acquisition Service Office of Professional Services and Human Capital Categories Office of Contract Operations 400 15th Street SW Auburn, WA 98001

NOTE: The Servicing Agency identified herein is responsible to procure the required services in support of the DSS CDSE. In accordance with the Interagency Agreement, the Servicing Agency shall act in the capacity of contracting activity for the resultant acquisition. As a result, this justification is hereby prepared and approved by the Servicing Agency Contracting Specialist (CS) and Contracting Officer (CO) responsible for the execution of the services required.

2) Nature and/or Description of Action Being Approved:

The Government intends to issue Modification PS0010 to Task Order # GSQ1017EC0010 under the Human Capital and Training Solutions (HCaTS) Contract # GS02Q16DCR0010 using a logical follow-on justification to Team Carney, Inc. DSS CDSE requests to increase the Not To Exceed (NTE) ceiling price for the Time & Material (T&M) Contract Line Item Number (CLIN) for Labor as well as the corresponding Contract Access Fee (CAF) CLIN for Option Period 2 (current period) as well as Option Periods 3 and 4.

Specifically, this modification will increase the NTE ceiling price for CLINs 2001, 3001, and 4001 (Labor) and CLINs 2003, 3003, and 4003 (CAF). The modification allows DSS CDSE to increase the amount of labor needed to meet its operational requirements under the Task Order.

3) Description of Supplies/Services and Estimated Value:

The Task Order provides contractor support for the analysis, design, development, evaluation, and maintenance of security related training products and to support services in Instructional Development and Delivery (IDD) for the Defense Security Service (DSS) that will support the CDSE mission to deliver security training to the DoD security community. The contractor, Team Carney Inc. is currently performing these services under the Task Order.

The Task Order was awarded on 09/15/2017 to Team Carney, Inc. using its HCaTS contract. It included a one-year base period and four additional one-year option periods.

Each period of the Task Order consists of one T&M Labor CLIN, one Travel CLIN, and one CAF CLIN. Currently, the Task Order is in Option Period Two.

On 02/14/2019, the Task Order was modified (via Modification PS0006) to increase the NTE ceiling prices for all CLINs during the option periods, as follows:

a) For Option Period Two, CLIN 2001 (Labor) NTE ceiling price increased by

$548,358.40. CLIN 2002 (Travel) NTE ceiling price increased by $10,000.00. CLIN 2003 (CAF) NTE ceiling price increased by $4,187.69. This was an increase of 15% in total value for Option Period Two.

b) For Option Period Three, CLIN 3001 (Labor) NTE ceiling price increased by

$559,657.20. CLIN 3002 (Travel) NTE ceiling price increased by $10,000.00. CLIN 3003 (CAF) NTE ceiling price increased by $4,272.43. This was an increase of 15% in total value for Option Period Three.

c) For Option Period Four, CLIN 4001 (Labor) NTE ceiling price increased by

$571,181.60. CLIN 4002 (Travel) NTE ceiling price increased by $10,000.00. CLIN 4003 (CAF) NTE ceiling price increased $4,358.86. This was an increase of 15% in total value for Option Period Four.

The proposed modification increases the NTE ceiling prices for all CLINs during the option periods, as follows:

a) CLIN 2001 (Labor) NTE ceiling price will increase by $429,748.27. CLIN 2003 (CAF)

NTE ceiling price will increase by $3,223.11. This is an increase of 10% in total value for Option Period Two. CLIN 2002 (Travel) will have its NTE ceiling price remain the same.

This proposed increase for CLIN 2001 (Labor) and CLIN 2003 (CAF) will increase the Option Period Two value by a total of $995,517.47 from the time of Task Order award. This is an increase of 26% from the time of award.

b) Also, CLIN 3001 (Labor) NTE ceiling price will increase by $756,236.45. CLIN 3003

(CAF) NTE ceiling price will increase $5,671.77. This is an increase of 17% in total value for Option Period Three. CLIN 3002 (Travel) will have its NTE ceiling price remain the same.

This proposed increase for CLIN 3001 (Labor) and CLIN 3003 (CAF) will increase the Option Period Three value by a total of $1,335,837.85 from the time of Task Order award. This is an increase of 34% from the time of award.

c) Lastly, CLIN 4001 (Labor) NTE ceiling price will increase by $776,304.80. CLIN 4003 (CAF) NTE ceiling price will increase by $5,822.29. This is an increase of 17% in total value for Option Period Four. CLIN 4002 (Travel) will have its NTE ceiling price remain the same.

This proposed increase for CLIN 4001 (Labor) and CLIN 4003 (CAF) will increase the Option Period Four value by a total of $1,367,667.55 from the time of Task Order award. This is an increase of 34% from the time of award.

The total amount at the time of Task Order award was $19,442,805.53. The amount of contract value upon award of this modification is $22,840,540.48. That is an increase of 17%.

4) Identification of the Exception to Fair Opportunity and Rationale:

FAR16.505 (b)(2)(i)(C): “The order must be issued on a sole-source basis in the interest of economy and efficiency because it is 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.” The additional ceiling amount must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to the work currently being done on the order. There is no change in the type of work or complexity of work being performed by the contractor. The agency has a greater need in the amount of work being done. This logical follow-on is only for the periods of performance currently remaining on this Task Order and does not add to the length of the current contract. This Task Order will not exceed five years in length, as it was originally awarded (including all option periods).

All awardees under the HCaTS Unrestricted Pool 1 vehicle were given a fair opportunity to be considered for the original Task Order. The Task Order was originally solicited under the GSA HCaTS Unrestricted Pool 1 contract vehicle, via GSA eBuy on 07/12/2017. At that time, all thirty-five (35) HCaTS Unrestricted Pool 1 contractors had access to the competitive solicitation within eBuy and were given the opportunity to bid on the requirement. Upon closing on 08/11/2017, two proposals were received. One from C2 Technologies, Inc. and the other from Team Carney, Inc. Upon evaluation of the offers, Team Carney, Inc. was awarded the Task Order as providing the best value to the Government.

The benefit of using a logical follow-on for the additional work on the Task Order instead of re-competing this acquisition includes the following:

Throughout the current Task Order Period of Performance, Team Carney, Inc. has been performing the tasks and services at a high level of effectiveness and efficiency, and provided the Government a single point of contact to resolve any concerns or problems that may arise during performance. As the contractor is expanding on work already created or being created, it would lead to unnecessary and unacceptable delays for the Government to re-compete the work. To go through the entire process of re-competing the work could take up to six months of time, while the modification for continuing the in-scope work will take less than 30 days. The contractor will be able to build on the work done seamlessly without the risk of another contractor trying to build upon the current contractor’s work (in the case of a different contractor being awarded a new task order).

For these reasons of efficiency, the logical follow-on allowed by FAR16.505 (b)(2)(i)(C) will be used.

Based on the above, issuing this logical follow-on modification to the Task Order on a sole source basis is the most economical and efficient solution for the Government.

5) Determination That the Anticipated Cost is Fair and Reasonable:

The awarded labor category hourly rates were determined fair and reasonable by the CO at time of award. These hourly rates were awarded upon adequate competition.

6) Other Facts Supporting the Justification:

1) The increase in the ceiling price for the T&M CLIN and CAF CLIN is due to an unanticipated increase in workload using labor categories approved on the Task Order.

The increase in workload remains within the overall scope of the Task Order.

2) There are two additional option periods left on the Task Order.

3) The contractor has been performing at an acceptable level for the duration of the Task Order to date.

7) Statement of Action, 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:

It is anticipated that upon the end of this Task Order, if the Government determines a bonafide need for these services to continue, that the requirements will be re-competed providing all contractors a fair opportunity.

8) Certification by Technical or Requirements Personnel:

I hereby certify that any supporting data verifying the Government’s minimum needs or requirements, or other rationale for an exception to fair opportunity, and which form a basis for the justification, are complete and accurate.

Sharon Ward, DCSA CDSE Date Chief, Operations Branch

9) Certification by Contracting Officer and Levels of Review/Approval:

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

WARD.SHARON.L.105283

Digitally signed by

WARD.SHARON.L.1052832558

Date: 2020.03.19 16:58:55 -04'00'

Isaac S. Arasato Date Contracting Specialist (QRACB)

Steven D. Wright Date Senior Contracting Officer (QRACB)

Approved By:

Tamara Grant Date Supervisory Contracting Officer (QRACB)

Sheila R. Morrison Date Acting Division Director (QRAA)

Keith Jeffries Date Director, Office of Contracting Operations

Kristi Irvin Date GSA Region 10 Competition Advocate

3/20/2020

3/20/2020

Reviewed By:

Jess Willard Lockhart Date Attorney, GSA Region 10 Office of General Counsel