JSSMO Logical Follow-on Exception to Fair Opportunity.pdf

Federal Acquisition Service Great Lakes Region

Justification and Approval For Exception to Fair Opportunity

1. Contracting Activity:

Requiring Agency: United States Air Force, Air Force Life Cycle Management Center Joint Service System Management Office (AFLCMC/WNY)

Contracting Agency: General Services Administration, Federal Acquisition Services, Region 5, Contracting Division

2. Description of Action.

This Justification and Approval for other than full and open competition is being requested to implement a logical follow-on action to provide continuity of services for the client agency. The requiring agency is managing Air Force-wide programs for the Air Force Life Cycle Management Center.

Task order GSQ0517BM0161 was awarded to Whitney, Bradley & Brown, Inc. on 02 August 2017. The contract type for this acquisition is a hybrid FFP/LH Labor with cost reimbursable travel. A T&M determination and findings (Attachment 1) was completed on 27 April 2017 at the HCA level in accordance with FAR 16.601(d), as this contract extended beyond 3 years. The task order was initially awarded in the amount of $89,604,284.37 and contained a base year and four (4) 1-year option periods as depicted below:

Base Year: 23 September 2017 - 22 September 2018 Option Year 1: 23 September 2018 - 22 September 2019 Option Year 2: 23 September 2019 - 22 September 2020 Option Year 3: 23 September 2020 - 22 September 2021 Option Year 4: 23 September 2021 - 22 September 2022

A 6-month extension of services was then executed in accordance with FAR 52.217-8, which increased the task order total to $96,807,054.62 via modification 83. A subsequent modification was issued (modification 90) to reduce the ceiling by $55,599.29 resulting in a task order total of $96,751,455.33. The extension PoP is as follows:

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6-Month Extension: 23 September 2022 - 22 March 2023

The proposed logical follow-on modification will be awarded to the incumbent contractor: Whitney, Bradley & Brown, Inc. (UEI: DFKNPV72S9M4) Herndon, VA.

Whitney, Bradley and Brown Inc. possesses an active registration in the system of award management through 22 August 2023. This logical follow-on action will be executed via bilateral modification with a 10-month performance period as follows:

Base Period: 23 March 2023 - 22 January 2024

The proposed period of performance is atypical due to the current estimate of the recompete award being executed in January 2024. The proposed logical follow-on action is estimated to increase the current task order total in the amount of $13,294,122.51 from $96,751,455.33 to $110,045,577.84. Modifying the existing task order is in the best interest of the Government by reducing administrative lead time and related administrative actions. The Contracting Officer will negotiate fair and reasonable labor rates for the contract prior to executing the modification. The existing task order was established under an OASIS GWAC as a small business set aside under competitive procedures. Performance under this requirement is considered to be successful; the basis of this logical follow-on exemption justifies the continuity of the services for an additional ten (10) months.

3. Description of Supplies or Services.

The Air Force Life Cycle Management Center Joint Service System Management Office (JSSMO) (AFLCMC/WNY) develops, tests, and sustains Global Positioning System (GPS) User Equipment (UE) systems to provide precise position, navigation, and timing information to a variety of Department of Defense (DoD) weapon systems. These systems include but are not limited to the Miniaturized Airborne GPS Receiver (MAGR) 2000, Embedded GPS/Inertial Navigation System (EGI), Defenses Advance GPS Receiver (DAGR), GPS Antenna System (GAS-1), Advanced Digital Antenna Production System (ADAP), GPS Antennas, Antenna Electronics (AE), Resilient Embedded GPS/INS (R-EGI), Air Force Vanguard Transition programs, and alternative navigation capabilities. Many of these systems are undergoing significant modernization efforts to respond to new threats, improve supportability, improve long-term resiliency, and adopt new open architecture standards. Modernization efforts are underway for both the MAGR-2K and the EGI receiver systems with both programs

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This requirement will provide support services including, but not limited to, rapid response modernization acquisition and sustainment planning; program startup planning; manpower analysis; sustainment and production support; Foreign Military Sales future planning; Qualification Test & Evaluation (T&E) support; Position, Navigation, and Timing (PNT) systems, platform and weapons integration; planning and standards development; implementation of open architecture tenants and guidance assurance workshops; alternative navigation application development and integration;

development of senior leader advocacy briefings; assured PNT engineering support;

cybersecurity; information Assurance; Resiliency and Software Assurance Modifications (RSAM) and aircraft, weapons and GPS receivers and user equipment acquisition integration and planning in support of PNT.

The required services will continue to support the following organizations under this logical follow-on:

- AFLCMC/WNY, Assured PNT Program

- AFLCMC/EBHS

- AFLCMC/EZA

The services supporting the logical follow-on will be identical to the extension performance work statement (PWS) under task order GSQ0517BM0161. Specifically, the purpose of this procurement is to ensure the continuity of contractor support services, which is vital in successful performance for the client organization.

4. Authority Cited.

FAR 16.505(b)(1)(i) requires the Contracting Officer to provide each awardee under a multiple award contract, a fair opportunity to be considered for each order exceeding $3,000 unless a statutory exception applies. The exception at FAR 16.505(b)(1)(i)(B) restricted competition of the original solicitation to OASIS SB Pool 6 vendors in accordance with the finalized market research report and acquisition plan (Attachments 2 & 3).

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The specific exception/authority that precludes the fair opportunity process for this proposed action is FAR 16.505(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. This task order was solicited to all OASIS SB Pool 6 IDIQ holders during the pre-award phase of this acquisition, thus meeting the criteria set forth in FAR 16.505(b)(2)(i)(C). The services required are critical to the functioning of the AFLCMC/JSSMO mission. Failure to have a contract in place would be catastrophic for the USAF/supported client agencies, as a gap in services would render the client unable to complete the requirements currently supported under this task order.

Presently, there is not enough lead time to re-procure the services under standard competitive acquisition processes prior to the expiration of the existing contract on March 23, 2023. On 25 January 2022, GSA R5 FAS determined that it did not, at the time, possess the capacity to support the client on a follow-on procurement. On 10 February 2022, GSA R5 FAS facilitated a client/workload transfer to GSA R1 FAS for the subject requirement, which was accepted by both the client agency and R1 FAS. It was anticipated that the USAF would reprocure the follow-on contract utilizing GSA FAS region 1 support. On 11 January 2023, the JSSMO/PNT office contacted the current contract team at GSA region 5 and inquired about continuing services (temporarily) through GSA region 5, as the follow-on procurement requirements have not yet been finalized by the client agency. As a result, a recompete effort could not be initiated because finalized requirements documentation were not provided to the R1 acquisition team. On 2 February 2023, the R5 Assisted Acquisitions Services Director was contacted by the Region 1 AAS and CD directors. The R1 acquisition team indicated that JSSMO/PNTPO had failed to provide them with finalized requirements documentation to pursue the recompete effort.

On 14 February 2023, a meeting was held with the GSA R1 FAS acquisition team where the follow-on procurement was further discussed. An acquisition schedule (Attachment 4) was acquired by the R5 acquisition team which identified the time required for the follow-on procurement to be awarded. The R1 acquisition team continues to work with the client agency to finalize their requirements to proceed with the recompete effort.

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In an effort to mitigate some of the problems facing both R1 and the client agency, it has been contemplated that issuing a 10-month logical follow-on modification will allow the client to have additional time to provide finalized requirements to R1, while also permitting the R1 acquisition team with sufficient time to conduct thorough market research, develop an acquisition plan, and avoid complications with end-of-year budgeting/acquisition management and the holiday season (mid-November through mid-January). It has been communicated with the client, by both R1 and R5 acquisition teams, that the goal is to award the recompete by January 23, 2024. To achieve this goal, the client has been informed that recompete documentation is required to be provided by 19 April 2023.

5. Efforts to Obtain Competition.

Given the urgency of this requirement which is critical to ensure continuity of operations for the USAF, it was impractical to seek competition. The services rendered are currently being provided by the aforementioned contractor.

Based on the above and all factors considered, this modification will be executed in accordance with FAR 16.505(b)(2)(i)(C) and will not be synopsized.

6. Actions to Increase Competition.

It is unfeasible to increase competition for this logical follow-on modification. As supported by standard Procurement Administrative Lead Times (PALT), there is insufficient time to competitively procure a follow-on contract prior to the current contract expiration date of 22 March 2023. This temporary, non-competitive action will be followed by a competitive follow-on procurement to be issued by GSA R1 FAS. An estimated schedule outlining the recompete effort acquisition timeline has been provided by the R1 FAS acquisition team (Attachment 4).

7. Market Survey.

Market research was not conducted for this action due to the urgency of the need.

Market research in accordance with FAR Part 10 Market Research will be conducted for the follow-on procurement.

8. Fair and Reasonable Determination

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The Contracting Officer has determined that adequate technical and pricing information is available to determine that the anticipated cost to the Government of the services covered by this task order will be fair and reasonable. The level of effort for this logical follow-on is anticipated to stay consistent with the current 6-extension. Additionally, there is reasonable expectation that WBB will increase their current extension labor rates by applying an escalation factor consistent with inflation. Any increase to the current rate will be evaluated for price fair and reasonableness, and will be properly documented prior to issuance of this logical follow-on modification.

In accordance with FAR 16.505(b)(2)(ii)(D), this Exception to Fair Opportunity will be posted within 14 days of award of the task order modification, and shall remain posted for a period of 30 days.

a. Procurement History.

There is one other previous procurement for reference:

● A sole source contract (GS05Q15BMA0017) was awarded on 08 May 2015 in the amount of $5,683,848.48, which was extracted from award recommendation (Attachment 5) located within ECF in GSA ASSIST, to Whitney Bradley & Brown.

This previous contract was identified within the as a logical follow-on/bridge contract. Through several modifications, the task order amount increased, resulting in an overall total value of $21,633,034.31. The period of performance for this task order is as follows:

Base Period: 08 May 2015 - 07 May 2016 ($5,833,439.84) Option Year 1: 08 May 2016 - 07 May 2017 ($15,799,594.47)

The procurement history for this requirement is in disarray, as the previous contract files lacked sufficient evidence and proper documentation.

The GSA Memorandum, Preferred Use of Existing GSA Contract Vehicles (dated Sept.

17, 2012), requires GSA employees to first consider using existing GSA acquisition vehicles for new contracts.

The most recent task order (GSQ0517BM0161) was competitively awarded against GSA’s OASIS IDIQ contracts. The Government considered the GSA OASIS Unrestricted and GSA OASIS SB Multiple Award (MA) IDIQ vehicles. These MA IDIQs are flexible for both the contractor and the client to ensure resources are allocated efficiently and effectively to fully support the requirements. Quotes were requested under solicitation number 47QFLA17Q0038. The solicitation was issued to forty-two

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(42) vendors under OASIS SB Pool 6 on 03 May 2017. The RFQ closed on 05 June 2017. Only one contractor responded with a quote, even though market research indicated that multiple OASIS SB Pool 6 vendors expressed interest. The contracting officer sought feedback, in accordance with DFARS 216.505-70, 215.371-2; PGI 215.371-2, which was included in the award recommendation as an attachment.

The current OASIS contract, GS00Q14OADS740, had a PoP from 24 February 2014 through 16 December 2019 (located this information within GSA ASSIST contract registration). Per the OASIS ordering guide, "Task orders must be solicited and awarded prior to the OASIS term expiring and may extend up to 5 years after the OASIS master contract term expires." From this, it has been determined that issuing a logical follow-on modification on the current contract can allow for an extension through 15 December 2024. The current proposed modification would expire on 22 January 2024 at the latest.

b. Acquisition Data Availability.

There was a delay in the request of this logical follow-on due to hurdles with sourcing requirements documentation amongst the client and GSA region 1 acquisition team.

Currently, the client and R1 FAS acquisition team meet weekly to discuss the follow-on procurement. The contracting officer and program manager working on this requirement for the client have expressed their concern with the timeline to establish a follow-on project, as the client agency continues to develop the PWS, IGCE, and signed 7600A in response to the R1 acquisition team’s request. GSA has requested initial information/documentation from the client to support the recompete effort which will be awarded in January 2024.

c. Unusual and Compelling Urgency.

In the event that the agency is unable to ensure continuity of operations, the impact would be catastrophic to the agencies supported under this task order. Loss of support would cripple the programs that the client relies upon for FM support, leading to a delay in delivery of Congressionally mandated M-code receiver technology. Insufficient staffing levels will delay program milestones and cause an inability to perform daily tasks from inquiries on behalf of AF/AQP, PNT oversight council, and Congressional Subcommittees. Additionally, other programs would cease to continue until a follow-on contract is awarded (Attachment 6). Failure to ensure the continuation of these services would render the client and supported agencies unable to effectively execute their mission.

9. ACKNOWLEDGEMENTS

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TECHNICAL/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: ______________ Delvyn Deschamps Technical Point of Contact

PROJECT MANAGER CERTIFICATION

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

___________________________________________Date: ______________ Kevin Smith Project Manager

CONTRACTING OFFICER’S CERTIFICATION

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

___________________________________________Date: ______________ Patrick Salter - 5QZAC Contracting Officer Federal Acquisition Services, Region 5

10. APPROVALS:

LEGAL SUFFICIENCY REVIEW.

I have reviewed the foregoing justification and approval and deem it legally sufficient.

___________________________________________Date: ________________ Scott McCleary Assistant Regional Counsel General Services Administration, 5L

CONTRACTING DIRECTOR/COMPETITION ADVOCATE APPROVAL

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Based on the foregoing justification, I hereby determine that the circumstances of FAR 16.505(b)(2)(i)(C), “exceptions to the Fair Opportunity Process” which states, “the order must be issued on a sole source basis in the interest of economy and efficient 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”, applies to this order.

___________________________________________Date: ________________ Micky Mayes Contracting Director/Competition Advocate Federal Acquisition Services, Region 5

ATTACHMENTS:

1. T&M Determination and Finding/Other than FFP

2. Market Research Report

3. Acquisition Plan

4. Region 1 Acquisition Schedule

5. Award Recommendation GS05Q15BMA0017

6. Repercussions of discontinued services

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