JA W91247-19-0375 Exception to Fair Opportunity 20240821.pdf

CUI//SP-PROCURE//FEDCON

Control No: MICC 2024-5

CUI//SP-PROCURE//FEDCON

Justification Review Document for an Exception to Fair Opportunity- FAR Part 16.505(b)(2)

Program/Equipment: New Interim Bridge for the XVIII Airborne Corps, Fort Liberty, NC for Multi-Function Devices (MFDs)

Authority: 10 U.S.C. 2304(c) as implemented by FAR 16.505(b)(2)(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.

Amount: $573,330.92

Prepared by: Amanda Foster Phone: 396-5750 Contract Specialist Date:

Email: amanda.l.foster22.civ@army.mil

Contracting Officer: John Machine Phone: 643-7351 Contracting Officer Date:

Email: john.j.machine.civ@army.mil

Technical: LTC Keith Merillat Phone: 643-3030 Signal Support Systems Officer, G6 Date:

Email: keith.a.merillat.mil@army.mil

Requirements: LTC Keith Merillat Phone: 643-3030 Signal Support Systems Officer, G6 Date:

Email: keith.a.merillat.mil@army.mil

Legal Counsel: MAJ Alana Hines Phone: 396-8953 Command Judge Advocate Date:

Email: alana.r.hines.mil@army.mi

Control No: MICC 2024

Justification and Approval for Other than Full and Open Competition – FAR Part 6.302

1. Contracting Activity: The U.S. Army Mission and Installation Contracting Command (MICC) - Fort Liberty, Building 2-1731 Stiner Road, Fort Liberty, NC

2. Description of Action: TheXVIII Airborne Corps requests a new Interim Bridge to Contract W91247-19-F-0375. The Government will require continued performance of services with incumbent MicroTechnologies,LLC, 8330 Boone Blvd, Tysons, Virginia 22182-2658, on a firm-fixed-price type basis, for an additional period of performance of seven months and one week for the XVIII Airborne Corps, for the continued use, maintenance, supplies and support of Multifunctional Devices (MFDs) required across the organization, all of which are located at Fort Liberty.

The current MFD’s were originally leased under ITES-3H with a five-year term under a competitive task order that will expire 21 August 2024. A continuation of services under FAR 52.217-8 will expire on 21 August 2024 and a new interim bridge contract will be required 22 August 2024 – 31 March 2025 to avoid a gap in services while the replacement contract will be competitively procured by DLA for a follow-on contract.

The Government projects award for the bridge contract by 21 August 2024 utilizing fiscal year 2024 Operations and Maintenance Army funds in the amount of $573,330.92 for seven months and one week of performance.

FAR 52.217-8 was required in order to comply with Army policy that came out 17 November 2023 that requires MFD orders to be procured by DLA. This extension expires 21 August 2024. The XVIII Airborne Corps has coordinated with DLA for the follow-on contract, but with the DLA lead time required to put the new contract in place, services will not start with DLA until 1 April 2025. Therefore, the XVIII Airborne Corps requires an Interim Bridge contract until 31 March 2025.

3. Description of Supplies/Services: This Interim Bridge contract is required to allow for uninterrupted service to cover the lead time DLA requires to place a competitive order for the follow-on requirement.

Period of Performance: 22 August 2024 – 31 March 2025 Total Value: $573,330.92

4. Authority Cited: 10 U.S.C. 2304(c), as implemented by FAR 16.505(b)(2), 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.

5. Reason for Authority Cited: Task order W91247-19-F-0375 was competed as a 100% Small Business Set-Aside on CHESS ITES-3H and awarded to MicroTechnologies, LLC on 22 August 2019. All eligible small businesses were provided fair opportunity to compete for that order. The period of performance of the current task order expires on 21 August 2024.

As the incumbent contractor, MicroTechnologies currently has 379 MFD's already fielded with the contractor providing maintenance. Award to a new vendor would require considerable startup costs to field new MFD's which would only be needed for a very short period until DLA awards the long term 5-year. follow-on contract. The entire period of performance would be primarily comprised of phase in and phase out, with the government purchase or lease of new machines as opposed to simply maintaining the ones already in place.

b. Alternatives

1) Break in service: A break in service in not a viable option. A seven month one week extension avoids a break in MicroTechnologies support services and avoids the inefficiency of transitioning vendors for this short interim period. MicroTechnologies LLC can proceed without delays or disruption until a new competitive award can be transferred to DLA.

A). Impact if justification is not approved. The services are extremely vital to the

Army. Combat readiness would be adversely affected if these services were disrupted.

Ensuring that MicroTechnologies continues to provide these services uninterrupted will prevent the Corp's Mission from becoming disrupted. Continuity of service during this period is essential to the XVIII Airborne Corps mission.

6. Efforts to Obtain Competition: The Contracting Officer shall publish the notices required by FAR 5.201 and any bids or proposals received shall be considered.

a. Effective Competition: Because this is a sole source action, effective competition is not applicable.

7. Actions to Increase Competition: N/A

8. Market Research: A replacement contract will be competitively procured by DLA.

9. 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.

LTC Keith Merrillat Contract Officer Representative

Date: See digital signature

MERILLAT.KEITH.A MERILLAT.KEITH.ANDREW.127119

NDREW.1271196357 6357 Date: 2024.08.20 12:32:56 -04'00'

10. 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.

Date: See Digital Signature

LTC Keith Merillat Contract Officer Representative

11. 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. This determination will be made using price analysis. As a part of this basis, certified cost or pricing data will not be required and the following exception applies (FAR 15.403):The estimated cost of the contract action is less than the threshold for certified cost or pricing data.

John J. Machine Contracting Officer

Date: See digital signature

12. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief. I hereby approve the above-described procurement based on the exception described herein, subject to available funding, and provided that the services described herein have otherwise been authorized for procurement.

Date: See digital signature

John J. Machine Contracting Officer

MERILLAT.KEITH.AN

DREW.1271196357

MERILLAT.KEITH.ANDREW.12711

Date: 2024.08.20 12:33:10 -04'00'