MARS Bridge FO Exception 20240926 (REDACT).pdf

Justification for an Exception to Fair Opportunity or to Use Brand-Name Restriction

CONTROLLED UNCLASSIFIED INFORMATION

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c. The purpose of the bridge contract is to ensure the continued provision of highly specialized A&AS until such time that the competitive follow-on award to MARS can be successfully completed. The bridge action will be awarded as a new task order award under GSA OASIS Pool 1 (FA9451-25-F-X001) and will be structured similarly as a Cost-Plus-Fixed-Fee (CPFF) Completion-type award directly to Apogee Engineering. The bridge contract action will have a maximum value of $13.5M and an estimated period of performance of 18 months (Base Period & Option 1), with a maximum of 24 months including the Option to Extend Services (FAR 52.217-8). The AFRL/RDK Directed Energy Contracting Division is the contracting activity and AFRL/RDOA Acquisition Support Office is the requiring activity.

(3) Description of the supplies/services required to meet the agency's needs:

Under the pending bridge contract action, the contractor, Apogee Engineering, shall furnish non-personal, (A&AS) encompassing scientific, technical and organizational development/business strategic planning expertise to support organizational policy development and implementation advice, decision making, management and consulting support services for Research and Development (R&D) activities and Operations and Maintenance (O&M), and provide professional engineering and technical advisory and consulting services for research and development efforts.

Anticipated Fund Types: Predominant funding will be RDT&E appropriated funds from both USAF & USSF, and may also include relatively small amounts of O&M funding as well.

Anticipated value of Base Period & Option 1 Only: $9,700,000 Anticipated maximum contract value: $13,500,000

Anticipated Period of Performance: 15 NOV 2024 - 15 MAY 2026

1001 Base (12-Months) A&AS R&D Labor 1002 Base (12-Months) A&AS O&M Labor 1003 Base (12-Months) R&D ODC 1004 Base (12-Months) O&M ODC 1005 Base (12-Months) Contract Access Fee (CAF) 0.10%

2001 Option 1 (5-Months) A&AS R&D Labor 2002 Option 1 (5-Months) A&AS O&M Labor 2003 Option 1 (5-Months) R&D ODC 2004 Option 1 (5-Months) O&M ODC 2005 Option 1 (5-Months) Contract Access Fee (CAF) 0.10%

3001 Phase-Out Option (1 Month)

4001 Data & Reports - Not Separately Priced (NSP)

5001 Option to Extend Services (FAR 52.217-08)(6-Months)

(4) Identification of the exception to fair opportunity and the supporting rationale:

Fair Opportunity Exception: 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.”

Apogee Engineering is currently performing the required highly specialized A&AS on task order FA9453-19-F-0002, as stated in Section II. The MARS award was solicited as a cost-plus-fixed-fee (CPFF) completion type task order and utilized the GSA OASIS contract vehicle process. All offerors within the GSA OASIS Pool 1 were provided a fair opportunity to be considered for the original order.

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As described in Section II, due to circumstances beyond the control of the agency, the competitive award of the follow-on JUPITER task order is not currently possible due to the GSA protest; therefore, the approval of an exception to fair opportunity is being sought. The exception provided under FAR 16.505(b)(2)(i)(C), is relevant and applicable because issuing the MARS bridge contract action on a sole-source basis in the interests of economy and efficiency is a logical follow-on to the work being accomplished under the expiring MARS award, under which all awardees had a fair opportunity to be considered, and will retain all fundamental elements, including:

a.) Types and quantity of A&AS tasks, b.) Types and level of personnel expertise for A&AS tasks, c.) Place of performance, d.) Security requirements, e.) Annual contract value/budget, f.) CLIN structure, g.) Contract type, h.) Quality assurance requirements and reporting

The relationship between the original MARS award and the contemplated MARS bridge contract action are so similar that the Government could not pursue an award with any other vendor without incurring significant cost increases, inefficiencies and unacceptable delays to the AFRL Space Vehicle and AFRL Directed Energy missions.

Under MARS, Apogee Engineering provides support to (9) nine technical division across both AFRL directorates and in is firmly ingrained with providing highly specialized A&AS to over 14 highly complex research and development programs. These programs are often executed over multiple years and require support and high-level advisement throughout duration of the effort, where continuity of personnel is critical to successful execution, such as through trade studies, test campaigns, and prototype development. Pursuing an award of the MARS bridge contract action to any offeror other than Apogee Engineering, would result in significant inefficiencies and unacceptable delays.

As an example, the MARS task order provides highly specialized A&AS on several high-profile research and development programs across the AFRL Space Vehicles and Directed Energy directorates. One of which, is the

. MARS contractor personnel are serving as key technical advisors for the test campaign and are instrumental to the success of the high-visibility program.

. Any change to the A&AS contractor personnel supporting the program at this juncture would require a

, resulting in unacceptable delays to critical test campaigns.

(5) Contracting Officer's determination that the anticipated cost to the Government will be fair and reasonable:

The Contracting Officer will complete a thorough evaluation of the proposed costs to ensure the final settlement amount is fair and reasonable. Any determination will be based upon 1.) Certified cost or pricing data provided in the offeror's proposal, 2.) the program office's technical analysis of the offeror's proposal, and 3.) Inputs from the Defense Contract Audit Agency (DCAA) and the Defense Contract Management Agency (DCMA). A Contracting Officer determination of fair and reasonable will be made prior to award of the bridge contract action.

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Instructions for Completing the Template IAW FAR 16.505(b)(2)(ii)(B)

(2) State whether the action is a new order or a modification to an existing order. Identify the basic multiple award contract number and the order number for the current action. Also identify the type of the order/line items on the order (e.g., Firm Fixed price, Cost Plus Fixed Fee, etc.).

(3) Specifically describe the supplies/services to be acquired including the price/cost and quantity of each item in the order and the total estimated value of the order. For services, state whether services are performance-based, and if not, provide rationale for not being performance based. State the delivery/performance schedule/period for the items under the order. Explain how the requirement/order fits under the scope of the basic multiple award contracts.

(Note: The Contracting Officer must ensure that the order is issued within the period of performance and within the maximum value of the contract).

(4) Include the appropriate exception from FAR 16.505 (b)(2) and the supporting rationale. FAR16.505(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 specific exception that precludes the fair opportunity process for this acquisition is FAR 16.505(b)(2)(i)(__) [Insert A,B, C, D, or E]. If a brand name product description is being justified, use this section to explain why the particular brand name, product, or feature is essential to the Government's requirements and why other companies' similar products/services do not meet, or cannot be modified to meet, the agency's needs.

FAR 16.505(b)(2)(i)(A): “The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays”. When using this exception provide a detailed justification with supporting documentation that explains the exact urgency of the requirement and the mission impact if awarded to any other contractor. The user/customer typically provides this supporting information. Recommend attaching supporting documentation to the back of the document. General statements of urgency are not acceptable.

FAR 16.505(b)(2)(i)(B): “Only one awardee is capable of providing the supplies or services required at the level at the level of quality required because the supplies or services ordered are unique or highly specialized”. When using this exception provide a detailed justification, with supporting documentation, as evidence of the “unique or highly specialized” nature of the procurement. The user/customer typically provides this supporting information.

Supporting documentation may be attached to the back of the document. General statements are not acceptable.

FAR 16.505(b)(2)(i)(C): “The order must be issued on a sole-source basis in the interest of economy and efficiency as 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”. When using this exception provide information on the previously competed order under this contract and detail the economies and efficiencies that will be obtained by going sole source for the follow-on order. The user/customer typically provides this supporting information.

General statements are not acceptable.

FAR 16.505(b)(2)(i)(D): “It is necessary to place an order to satisfy a minimum guarantee.”

FAR 16.505(b)(2)(i)(E): “For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source.”

Discuss the market research that was conducted by the user/technical team/contracting officer among the supplies/services of all awardees that resulted in the conclusion that a fair opportunity exception applied. The narrative in this section should provide a high level of confidence that the requirements of FAR 16.505(b)(1) and DFARS 216.505-70 could not be met. If no market research was conducted, state so and provide the rationale. If any other awardee expressed interest in fulfilling the requirement, but was not considered a potential source, explain why that awardee cannot provide the required supplies/perform the service.

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If the use of a brand name purchase description is being justified, the market research should include an analysis of any industry proposed alternative products or approaches to meeting the requirements. Additionally, the Government's efforts to identify as many potential sources as practicable offering the required brand name item(s) should be addressed.

(5) This paragraph needs to be tailored based on the types of CLINs in the order and the pricing arrangements on the basic multiple award contract. If the contract did not establish the price for the supply or service, the Contracting Officer must establish prices for each order IAW FAR 15.4. The paragraph needs to describe the steps that will ensure that the prices/estimated cost of the order will be fair and reasonable. For example, even if firm-fixed prices were obtained under adequate price competition in the award of the multiple award contract, the Contracting Officer still needs to consider market conditions and other factors that may have changed since contract award and explain the basis in the determination that prices/costs are fair and reasonable prior to award of the order.

(6) Provide any other facts supporting the use of exceptions to the fair opportunity process.

(7) Include a statement of the actions, if any, to be to be taken to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made. If no actions are planned, so state and provide reasons.