JEFO LFO N6264521F0184 REDACTED.pdf

JEFO Number: 23-00009

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

1. IDENTIFICATION OF AGENCY AND CONTRACTING ACTIVITY: This is a Justification for an Exception to Fair Opportunity (JEFO). The requiring activity is the Naval Medical Research Unit, San Antonio (NAMRU-SA), 3650 Chambers Pass, Bldg. 3610, Fort Sam Houston, TX 78234-6315, the contracting activity is the Naval Medical Readiness Logistics Command (NMRLC).

2. NATURE/DESCRIPTION OF CONTRACT ACTION: This is a modification to an existing General Services Administration (GSA) One Acquisition Solution for Integrated Services (OASIS) Indefinite Delivery, Indefinite Quantity (IDIQ) cost-plus-fixed-fee (CPFF) task order, N6264521F0184 to Leidos, Inc., 1750 Presidents Street, Reston, VA 20190. The exception to the fair opportunity process is in accordance with FAR 16.505 (b) (2) (i) (C), the order, in this case a modification will be utilized vice a new task order, must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on (LFO) to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order. Fair opportunity was provided for this effort, three offers were received in response to TOPR #NMLC 15552.

3. DESCRIPTION OF REQUIRED SUPPLIES/SERVICES: The follow-on task order modification will mirror the research support services currently provided by Leidos. These services include research in the following areas: expeditionary and trauma medicine, cellular and immune based adjuncts for casualty care, directed energy and bioeffects, systems engineering and evaluation, epidemiology and biostatistics, environmental surveillance and biomaterials, and maxillofacial injury and disease in consonance with the mission of the Combat Casualty Care and Operational Medicine and Craniofacial Health and Restorative Medicine directorates.

The follow-on task order modification will have a period of performance (PoP) of 11 August 2023 through 10 August 2024 with an estimated value of

N6264521F0184, a cost-plus-fixed-fee task order awarded utilizing full and open competition and a recompete of task order N6264519F0473, included a base period of performance (PoP) of 30 June 2021 through 29 June 2022, and a 6-month exercised option period from 30 June 2022 through 30 December 2022. Due to COVID-19, Joint Base San Antonio (JBSA) closures resulted in laboratory and research work stoppages. JBSA was at 100% closure from mid-March 2020 through mid-January 2022 and was at 50% closure from mid-January 2022 through 31 March 2022, resulting in laboratory research being reduced by roughly 40% (7 months) during the base period of performance. As a result, a no cost extension modification was executed to extend the task order PoP by 7.5 months, beginning 31 December 2022 through 10 August 2023 to allow for NAMRU-SA research to “catch-up” from the lengthy JBSA closures coupled with the lengthy wait for laboratory space, which is shared with the Air Force, the Army, and the Navy (NAMRU-SA). Because NAMRU-SA competes with the Air Force and Army who take up the majority of the laboratory space and who also experienced a backlog of research, research under this task order was further delayed, which also attributed to the need to process the no cost extension. If this action is approved, the total PoP for this task order will be for 37.5 months, under the 60 month/5-year limitation.

Leidos, Inc., the current contractor providing services under task order N6264521F0184, is performing satisfactorily.

The logical follow on PoP will be incrementally funded, services provided during the extension period will be funded with a combination of appropriate fiscal year appropriations.

JEFO Number: 23-00009

4. IDENTIFICATION OF THE EXCEPTION TO FAIR OPPORTUNITY: In accordance with FAR 16.505(b)(2) (i)(C), the new work via this modification is a logical follow-on to an original order which was competed in accordance with the applicable contract ordering procedures. Due to the nature of the acquisition for the research support services currently being performed by Leidos under task order N6264521F0184, it is in the best interest of the Government to negotiate a logical follow-on allowing for the most effective use of resources. Because the new work is the same work currently provided by Leidos, the cost and time associated with recruitment, cost and time of processing background checks to include eligibility for secret clearances, training requirements related to the research efforts, and administrative costs and time associated with the lengthy onboarding process has already been incurred under the current task order. As a result, this may result in lower costs for these logical follow-on services. Re-competing the services currently being filled would result in substantial duplication of cost to the Government, and potentially duplication of efforts if awarded to a new contractor, all which are not expected to be recovered through competition for services that include a 12-month PoP. Government duplication of costs include the time of technical and contracting personnel to review the requirement, solicit the requirements, evaluate proposals, and award of task order. In addition, the possibility of changing contractors may require a complete change in current staff, disrupting the mission of the Combat Casualty Care and Operational Medicine and Craniofacial Health and Restorative Medicine directorates at the NAMRU-SA. Additionally, maintaining the current contractor and resources, who possess the knowledge, skillset, and experience required to complete the required laboratory research, will ensure the integrity of the ongoing research projects. The current services will be followed on with Leidos via a modification; there will be no change in scope to the current requirement.

5. DETERMINATION OF FAIR AND REASONABLE COST: The Contracting Officer will determine, using the procedures in FAR 15.404-1 that the cost is fair and reasonable and will document such determination with a level of detail commensurate with the complexity and circumstances of the order.

6. ANY OTHER FACTS SUPPORTING THE JUSTIFICATION: Leidos is successfully providing services and has already worked through the costs of recruiting and onboarding contractor personnel with the required background checks who are familiar with NAMRU-SA’s complex research efforts and laboratory processes. Changing contractors may require a complete change in current staff, disrupting the mission of the Combat Casualty Care and Operational Medicine and Craniofacial Health and Restorative Medicine directorates at the NAMRU-SA. NAMRU-SA relies heavily on contractor support and does not have adequate Government or military resources to carry out research efforts that include, but are not limited to, expeditionary and trauma medicine, cellular and immune based adjuncts for casualty care, directed energy and bioeffects, systems engineering and evaluation, epidemiology and biostatistics, environmental surveillance and biomaterials, and maxillofacial injury and disease. The mission of these research efforts is to conduct gap driven combat casualty care, craniofacial, and directed energy research to improve survival, operational readiness, and safety of Department of Defense (DoD) personnel engaged in routine and expeditionary operations.

7. ACTIONS TAKEN TO REMOVE BARRIERS TO COMPETITION: At this time there are no actions being taken to remove or overcome barriers leading to the exception to fair opportunity under this task order. However, to increase competition going forward, the plan is to have a competitive task order in place by August 2024.