Justification_for_an_Exception_to_Fair_Opportunity_Redacted.pdf

ASSIST Award ID: 47QFMA23F0008

Justification for an Exception to Fair Opportunity For

Aberdeen Proving Ground (APG) Project Manager Mission Command (PM MC)

Product Support (PS)

Note: This document is prepared in accordance with the requirements of FAR 16.505(b)(2)(i)(A).

1. Identification of the agency and contracting activity

The requiring activity is the Aberdeen Proving Ground (APG), Project Manager Mission Command (PM MC), located at Aberdeen Proving Ground, MD 21005.

The contracting activity is the General Services Administration (GSA) Federal Acquisition Service (FAS), Mid-Atlantic Region (R3), Philadelphia, PA.

This document is hereby identified as a Justification for an Exception to Fair Opportunity.

2. Nature/description of the action being approved

The action being approved is a modification to the Cost-Reimbursement Plus Fixed Fee (CPFF) type task order based on revisions to the Government’s Performance Work Statement (PWS) which is estimated to increase the necessary level of effort needed to satisfy PWS requirements. The Government will issue the modification to the current incumbent, Envision Innovative Solutions, Inc. (Envision), 2310 HWY 34 STE 1B, Manaquan, NJ, 08736-1400, for the revised product support services utilizing Envision’s task order No. 47QFMA23F0008, which was awarded under Envision’s GSA One Acquisition Solution for Integrated Services (OASIS) Small Business (SB) multiple awards, Indefinite Delivery Indefinite Quantity (IDIQ) contract number 47QRAD20D3023.

This requirement is currently being supported by Envision. The current task order was awarded on March 28, 2023, with a period of performance start date of March 30, 2023. This task order includes a 12-month base period and four 12-month option periods.

3. Description of supplies/services required to meet the agency’s needs

This acquisition provides product support for the development, delivering, publishing, and maintaining of data deliverables/products for Mission Command Systems to include the Command Post and Platform based Command, Control, and Situational Awareness systems covered under the Command Post Computing Environment (CP CE), Mounted Computing Environment (MCE), and PM MC portfolio.

The current PWS identifies anticipated base period requirements for data deliverables/products which include new and revised Electronic Technical Manuals/Interactive Electronic Technical Manuals, Interactive Software User Manuals, and Training Support Packages.

The PWS is being revised, based on changes to the client’s projected base year requirements, to include revised anticipated requirements for the base period of performance for new and revised Electronic Technical Manuals/Interactive Electronic Technical Manuals, Interactive Software User Manuals, Training Support Packages, and Engineering Drawings for Provisioning/ Engineering Data for Provisioning (EDFP). While all tasks to be performed were originally identified and included in the original PWS the anticipated level of effort needed to complete the revised projected data deliverables/product requirements for the base year has increased significantly.

The total estimate for the revised PWS would increase the current total potential task order ceiling by an estimated $8,162,899.06 to $31,143,207.63.

4. Identification of the exception to fair opportunity

The statutory exception to fair opportunity is FAR 16.505(b)(2)(i)(B), only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized. This contract action will modify the existing task order with revised deliverables/product requirements for the base year based on a revision to the PWS.

The PWS only identifies estimated base year requirements, so the revised base year requirements are utilized as a benchmark for the full performance period (awarded as a 12-month base plus 4 12-month options periods). While the PWS revision does not add additional tasks it does provide revised estimates on the number of new and revised products being supported which is expected to result in an overall increased level of effort needed to meet the requirements of the PWS. The need for the PWS revision is tied to PM MC’s shift at Agile Software development (Continuous Integration Continuous Delivery) that has moved from creating software on a yearly basis to creating agile sprints at a quarterly basis. This shift, that shortens the duration of the sprints, creates the need for an increased level of effort for the tasks being performed, which include new and revised Electronic Technical Manuals/Interactive Electronic Technical Manuals, Interactive Software User Manuals, and Training Support Packages, in order to meet the revised agile schedule.

This order was originally solicited under the OASIS SB contract program for which all contract holders were given fair opportunity to be considered for the award of the initial order. Only the current task order awardee, Envision, has the unique capability to provide the revised deliverables/products identified in the revised PWS without incurring substantial delay as they are already performing these tasks; thus, they have all of the necessary Government Furnished Equipment (GFE), Government Furnished Information (GFI) and expertise.

Failure to award this modification will result in failure to meet PM MC’s current needs as the contractor would continue to provide product support services at a lower level of effort based on outdated deliverables/product requirements. PM MC’s mission is to help the Army and joint forces to function effectively and accomplish missions.

Failure to meet PM MC’s product support requirements would result in delays for development, delivering, publishing, and maintaining of data deliverables/products that may ultimately negatively impact PM MC’s ability to support the Army and joint forces effectively and efficiently.

5. Determination by the ordering activity Contracting Officer that the anticipated cost to the Government will be fair and reasonable

The assigned GSA Project Manager (PM) will complete a technical evaluation on the contractor’s technical submission to ensure the labor mix and hours are appropriate to perform the work identified in the revised PWS. A cost/price analysis will be performed including the verification of rates as well as a comparison to prices paid under the current task order. It is anticipated that the rates proposed for the task order modification will be the same or similar to the rates currently being paid to Envision under the existing task order.

6. Any other facts supporting the justification

None.

7. Statement of actions to remove or overcome barriers to exception to fair opportunity

The Government will solicit only Envision for the current task order modification which revises the PWS and is estimated to require an overall increased level of effort during the base period of performance. Only Envision has the capability of meeting the client’s revised requirements, without incurring unacceptable delays, given they are performing these tasks based on the task order award for product support which was awarded via a competitive solicitation for which all OASIS SB contract holders were provided with fair opportunity to be considered for the award of the initial order.

Any future changes to PM MC’s projected product support needs will be reviewed on a case-by-case basis to determine if the tasks can be competed with fair opportunity.

Signatures on Next Page

CERTIFICATIONS AND APPROVALS

8. Contracting Personnel Certification:

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

Date: _________________

Contract Specialist

Contracting Officer Certification:

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

_____________ Date: _________________ Katie Hughes Contracting Officer

9. Requirements Personnel Certification

I certify that the supporting data under my cognizance, which are included in the Exception to Fair Opportunity, are accurate and complete to the best of my knowledge and belief.

Date: _________________

GSA, Project Manager/Contracting Officer’s Representative

Reviewed by:

Date: _________________

Branch Chief

Contracts Director

Assistant Regional Counsel

Competition Advocate