JA for An Exception to Fair Opportunity - ACO SETA Increase for OY3 _Redacted.pdf

SOURCE SELECTION INFORMATION – SEE FAR 2.101 and 3.104

SME III Front Office 8622

Senior Administrative Assistant ACO-AR 1840

Principal Analyst ACO-AR 1744

SME III ACO-AR 4497

Principal Analyst ACO-AR 960

Mid-Level Analyst ACO-AR 480

SME III ACO-AR 960

Total Hours 25,063

b. Travel: not applicable

c. Cost: The approximate estimated cost of this modification is $5,1,44,413 of labor to

OY3.

4. Exception to the fair opportunity process 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.

a. Urgency: This ACO SETA Support Services (Task Order HR001121F0007) requirement was initially awarded on 18 December 2020. In fiscal year (FY) 2024, ACO-AR received a DepSecDef directive and emergency funding from the Office of the Under Secretary of Defense for Research and Engineering (OUSD R&E) to initiate the new ACO-AR Directorate immediately.

The U.S. Senate’s Department of Defense Appropriations Bill 2025, dated 1 August 1 2024, contains Congressional emergency funding for ACO-AR on page 250.1 To prevent delay in the initial start of this critical mission, ACO-AR needs to urgently procure minimal services for a limited duration for similar work already being performed under Task Order HR001121F0007.

b. Unacceptable Delays: Providing a fair opportunity for this urgent need for SETA services would result in unacceptable delays to a critical mission directed by the DepSecDef. A fair opportunity competition among all TASS IDIQ holders would take approximately 90 days from solicitation to award, plus additional time for read-ins, subcontracting, and onboarding. The resulting delays would cause significant disruption to mission execution. In order to meet ACO- AR’s urgent requirement without unacceptable delays and impact on the critical ACO-AR mission, the only reasonable course of action is to modify the existing Task Order to SA to immediately provide a minimal number of resources to initiate work for ACO-AR. The full acquisition requirement for ACO-AR SETA support will be competed using DARPA’s TASS IDIQ contract vehicle.

5. Determination of Anticipated Fair and Reasonable Costs: The contracting officer determines that the anticipated cost(s) will be fair and reasonable based primarily on the rates at the time of

1 https://www.appropriations.senate.gov/imo/media/doc/fy25 defense senate report1.pdf

SOURCE SELECTION INFORMATION – SEE FAR 2.101 and 3.104 award, as well as using a comparison of industry costs for similar work. Additionally, the techniques identified at FAR 15.404-1 will be used to further ensure all costs associated with this out-of-scope work will be fair and reasonable. In addition, a Certificate of Cost and Pricing Data will be obtained.

6. Additional Supporting Facts: None

7. Actions to Remove or Overcome Barriers to Competition: The proposed modification is a one-time action to provide ACO-AR’s the ability to satisfy an urgent need for minimal support to initiate work within the agency for a limited duration of 3 months or less. ACO-AR has identified the DARPA TASS IDIQ as the most appropriate contracting vehicle to promote competition and has issued a solicitation on 9 August 2024 to all IDIQ holders for further ACO-AR requirements beyond this proposed modification.

CERTIFICATIONS & APPROVAL: See the next page.