M04 JA 13.5 Bridge Extension_WHS-2025-1547_Redacted.pdf

DEPARTMENT OF DEFENSE

WASHINTON HEADQUARTERS SERVICES

1155 DEFENSE PENTAGON

WASHINGTON, DC 20301-1155

ACQUISITION

DIRECTORATE

WHS-2025-1547

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES

FOR CERTAIN COMMERCIAL ITEMS

UNDER FEDERAL ACQUISITION REGULATION (FAR) 13.5

1. AGENCY AND CONTRACTING ACTIVITY: The Department of Defense, Washington Headquarters Services, Acquisition Directorate (WHS AD) is the contracting activity. The Office of the Under Secretary of Defense Acquisition & Sustainment (OUSD(A&S)) Acquisition Policy & Innovation Directorate (API) is the requiring activity.

2. DESCRIPTION OF ACTION: This action is an extension to bridge contract expiring on 14 February 2025, in accordance with Bridge Contract definition pursuant to ADAP 202.1. On 6 August 2024, the bridge contract original Sole Source Justification (WHS-2024-1256) was approved by the Competition Advocate to cover a gap in service between the old and new contract. On 23 December 2024, WHS AD received notice of an appeal to the Small Business Administration challenging the NAICS code description of the requirement for the Acquisition Pathway Expertise (APEX) follow-on solicitation, halting the pre-award process. The United States Small Business Administration Office of Hearings and Appeals dismissed the appeal, SBA No. NAICS-6330, dated January 22, 2025. A three-month [90 days] extension will allow the Government to award the follow-on contract with a three-month [90 days] option to account for unforeseen delays.

Additionally, minor changes to performance work statement (PWS) will be incorporated: 1) increase in clearance level [for at least one full-time equivalent (FTE) under tasks two, three, and six] due to change in requirement. 2) reduce task seven FTE from two (2) to one (1) due to funding availability.

3. DESCRIPTION OF SUPPLIES/SERVICES: The PWS includes support to fulfill the subject matter and technical expertise of a wide range of analyses, assessments, and deliverables in support of the operation and mission of OUSD(A&S) specifically in the following areas:

OUSD(A&S) requires continued support of subject matter experts and technical support analysts to produce deliverables, reports, results, and recommendations to support informed decisions relating to program investment strategies, guidance and directives, acquisition strategies and funding allocations for their areas of responsibility and oversight. Critical provided by BAH must continue for OUSD (A&S) to meet the mission and avoid any detrimental effect. The services within this bridge action will satisfy the agency’s minimum needs. Without this bridge, acquisition policy reviews and recommendations would cease, Congress would not receive reporting requirements, and software development expertise would collapse. Specific examples of detrimental impacts if this bridge extension is not awarded include:

API will not be able to maintain, revise, and publish the seminal, innovative DoD 5000-series acquisition policies, procedures, and guidance governing all of the Military Departments’ and Defense Agencies’ acquisition of warfighting capabilities that defend the homeland, defer strategic attacks, and deter aggression. For example, revisions to DoD Instruction 5000.80, which establishes policy, assigns responsibilities, and prescribes procedures for the management of the Middle Tier of Acquisition for rapid prototyping and rapid fielding will not be completed because API lacks the government civilian manpower to complete the work without contracted support.

API’s Intellectual Property (IP) Cadre (a division within OUSD(A&S)), required by 10 USC 1707 and 3791, will be unable to deliver the statutorily required cross-functional expertise to provide IP training, best practices, tools, and support to Programs across the DoD.

IP Initiatives such as piloting an IP strategy and understanding the IP and data rights implications of advanced manufacturing and modular open systems approaches.

Interruption to Defense Business System (DBS) tracking and monitoring for OUSD (A&S) including the creation of the annual Information technology budget submission and reporting to Congress on the Department’s DBSs.

Delayed processing of numerous inquiries and report requirements including the fielding, tasking, coordinating, and reviewing responses to these report requirements.

6. EFFORTS TO OBTAIN COMPETITION: The purpose of the bridge contract was to avoid a lapse in service while the follow-on contract is being process. WHS/AD found the Analytic and Technical Support Services (ATSS) Multiple Award Indefinite Delivery/Indefinite Quantity (IDIQ) vehicle appropriate for the requirement which is being competed in the Unrestricted Pool among eight vendors. On 20 December 2024, WHS/AD released the solicitation.

7. FAIR AND REASONABLE COST DETERMINATION: The techniques identified at FAR 13.106-3(2) will be used to ensure the award will be at fair and reasonable prices.

Commercial product or commercial service are exempt from the certified Cost and Pricing Data requirement pursuant to FAR 15.403-1(b)(3).

8. MARKET RESEARCH: The bridge contract short duration would allow no vendor other than the incumbent to adequately and successfully perform the work required by the Government. The market research completed for the follow-on acquisition included the following techniques: 1) speaking with a knowledgeable government individual, 2) reviewing systems such as SAM.gov and FPDS-NG for similar and historical contracts, and 3) reviewing results of recent market research undertaken to meet similar and identical requirement.

9. INTERESTED SOURCES: To date, no other sources have expressed an interest in writing to the initial bridge contract sole source justification published on August 2, 2024 [Notice ID- MF073020241544]. Washington Headquarters Services (WHS) is posting in SAM.gov the justifications and approvals for other than full and open competition in accordance with FAR 5.406(a). Since the bridge was award under FAR 13.5, the justification will be published for 14 days pursuant to FAR 13.501(a)(1)(iii).

10. ACTIONS TO INCREASE COMPETITION: The follow-on contract has resumed pre-award process and will be competed among the ATSS unrestricted vendor pool with an estimated award date no later than May 2025.

11. Is this acquisition for a non-competitive follow-on acquisition previously awarded on a non-competitive basis?

Yes. A copy of the previous justification is attached. The actions to remove any barriers to competition cited on the previous justification were were not completed.

No. The original acquisition was conducted on a competitive basis.

Not Applicable. This is a new requirement.

CERTIFICATION

I, hereby, certify that the supporting data under my cognizance included in this justification are accurate and complete to the best of my knowledge and belief.

Date

APPROVAL

This justification is, approved.