MODES Bridge Justification for an Exception to Fair Opportunity Redacted.pdf

CUI//SP-SSEL

Version 09/24/2024

JUSTIFICATION FOR AN EXCEPTION

TO FAIR OPPORTUNITY

UNDER IDIQ CONTRACTS

Solicitation 47QFCA24R0060

Military Community and Family Policy (MC&FP) Outreach and Digital Enterprise

Services (MODES) Bridge in support of:

Office of the Deputy Assistant Secretary of Defense for Military Community and Family

Policy (MC&FP)

U.S. General Services Administration (GSA) Federal Acquisition Service

Assisted Acquisition Services (AAS) (Defense)

Interagency Agreement Number 47QFCA24S0091

Controlled by: denise.vondibert@gsa.gov

Docusign Envelope ID: 301404D8-9590-4ABB-A4B1-231521B84FBA

Version 09/24/2024

The General Services Administration (GSA) Assisted Acquisition Services (AAS) makes this Justification for the issuance of an Exception to Fair Opportunity Cost-Plus-Award-Fee (CPAF) Task Order (TO) pursuant to Federal Acquisition Regulation (FAR) 16.505(b)(2).

a. Identification of Agency and Contracting Activity:

Agency:

GSA AAS acting in support of the Deputy Assistant Secretary of Defense (DASD) for Military Community and Family Policy (MC&FP) Contracting Activity:

GSA AAS Contracting Office (QF0B) 1800 F Street, NW Washington, D.C. 20405

b. Nature and/or Description of Action Being Approved:

The MC&FP and AAS Contracting Office propose to issue a sole source hybrid Task Order (TO) with Cost-Plus-Award Fee (CPAF) for Labor Contract Line Item Numbers (CLINs) and cost-type for Long-Distance Travel, Other Direct Costs (ODCs), and Contract Access Fee (CAF) CLINs under GSA’s One Acquisition Solution for Integrated Services (OASIS) Unrestricted Indefinite Delivery, Indefinite Quantity (IDIQ) Pool 1 for the MC&FP Outreach and Digital Enterprise Services (MODES) bridge TO requirements. This effort will provide continued support to MC&FP for all Outreach and Engagement (O&E) activities, programs, policies, and resources including stakeholder affairs, strategic communications and analysis, Content and Creative Services (CCS), digital strategies, and military community engagement. Additionally, this TO will provide continued support for the sustainment and technology enhancement of the MC&FP Information Technology (IT) Enterprise, which will enable the O&E operations and content to be fully integrated into the audience delivery platforms. A sole-source award to Miracle Systems, LLC (Miracle Systems) is appropriate as MC&FP’s need for the supplies and services is so urgent that providing a fair opportunity would result in unacceptable delays.

AAS is actively working on a new competitive TO for the continued support of MODES requirements under the OASIS+ Small Business (SB) IDIQ, which is currently under protest and therefore unavailable. A competitive TO cannot be awarded until OASIS+ SB is available, and once AAS learned of the delays caused by the protests, there was not sufficient time to compete a TO for continued support without a delay or lapse in service.

The rationale for issuing a bridge TO on OASIS UR is to provide continuity of O&E services to MC&FP while a more expansive competitive action is completed on OASIS+ SB, the successor contract vehicle to the original OASIS SB IDIQ vehicle, by quarter four of FY 2025. This requirement is currently being supported by Miracle Systems through the current MODES TO. The current MODES TO has exercised all viable option periods and is set to expire in January 2025. The proposed bridge is necessary to maintain the services currently provided. A delay or lapse in these services would negate MC&FP’s ability to provide critical O&E support for service members and their families.

Version 09/24/2024

c. Description of Supplies/Services and Estimated Value:

This acquisition is a performance-based TO that entails the performance of complex professional services. The scope of this TO is to provide support for all O&E activities, programs, policies, and resources including stakeholder affairs, strategic communications and analysis, CCS, digital strategies, and community and public engagement. The contractor will be required to provide support for all IT and cybersecurity disciplines and activities that are necessary to maintain the continuity of O&E operations. The transformation, modernization, sustainment, and enhancement of the MC&FP IT Enterprise are necessary for the O&E operations to function. The contractor will be required to provide TO program management, O&E support, and IT and cybersecurity enterprise support, including operations, maintenance, modernization, and sustainment as well as cloud migration, transition execution and support. The primary place of performance is Alexandria, Virginia (VA) and the contractor’s site, with additional performance anticipated at geographically dispersed locations both Continental United States (CONUS) and Outside the Continental United States (OCONUS).

The total estimated value for the overall requirements of this procurement is .

Below is the estimated life-cycle costs per CLIN and period of performance:

This acquisition is broken down into the following task areas:

Task 1: Provide Program Management: The contractor will be required to provide management and oversight of all activities performed by contractor personnel, including subcontractors, to satisfy the requirements identified in the Performance Work Statement (PWS). The contractor shall be required to use the MC&FP’s Tasking, Assignments, and Reporting (TAR) applications to obtain MC&FP assignments, report progress, maintain workflow transparency, obtain MC&FP approval on completed assignments, record time spent, and document deliverables. The contractor shall provide status updates and weekly reports, for these optional activities as directed by the Government, utilizing the MC&FP

TAR.

Period Period of Performance Base Period: January 22, 2025 - January 21, 2026

First Option Period: January 22, 2026 - April 21, 2026

Version 09/24/2024

Task 2: Provide Outreach and Engagement: The contractor shall provide support for all O&E activities, including stakeholder affairs, strategic communications and analysis, CCS, digital strategies, and community and public engagement. The contractor shall leverage data analytics to forecast potential challenges and opportunities with the goal of maximizing the effectiveness and outcomes of the O&E activities. The contractor shall provide detailed reporting on the ongoing O&E initiatives, progress against strategic goals, and any emerging issues or opportunities with recommendations for addressing them while remaining aligned with the goals of enhancing brand recognition and reputation.

Task 3: Information Technology (IT) And Cybersecurity Enterprise Support: The contractor shall provide comprehensive IT and cybersecurity support for the MC&FP IT Enterprise in both the DISA and AWS GovCloud regions. The contractor shall provide full-scope system, application, network, storage, and security management support, as well as integration and maintenance support for new and existing features, functions, content, and components of the MC&FP IT environment. All contractor services shall be in support of execution, management, modernization, and improvement of MC&FP’s IT and cybersecurity enterprise support.

Task 4: Additional Support as Required: The success of MC&FP’s O&E program is largely predicated on its ability to stay connected with the target audience through the audience delivery platforms. To appropriately maintain the effectiveness of these delivery platforms and manage the unpredictability associated with the trending and evolving delivery methods, MC&FP requires the capability to enhance existing delivery platforms and develop new ones.

The contractor shall provide support for the development of desktop and mobile-first websites and applications, including unanticipated enhancements of existing websites supporting MC&FP O&E initiatives. The contractor shall provide support for the development of native and hybrid applications, including unanticipated enhancements of existing native and hybrid applications supporting MC&FP O&E initiatives. The contractor shall also support a reoccurring MC&FP Podcast Program.

Identification of the Exception to Fair Opportunity and Rationale:

This TO Justification is being prepared as required by:

FAR 16.505, Exception to Fair Opportunity Process

1. The rationale is that the agency’s need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays (FAR 16.505(b)(2)(i)(A)).

The rationale for a sole-source award to Miracle Systems is that MC&FP’s need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays (FAR 16.505(b)(2)(i)(A)). Without issuing a sole source bridge TO, the delays caused by the OASIS+ SB protests will cause a delay or lapse in service. The Government’s interests demand that the contractor continue services without interruption. The continuation of these services is needed to deliver support to MC&FP encompassing all O&E activities, programs, policies, and resources including stakeholder affairs, strategic communications and analysis, CCS, digital

Version 09/24/2024 strategies, as well as military community engagements. Delay or failure to provide these services could impact the ability of MC&FP to achieve its overarching mission for the military community.

The period of performance for the current MODES TO currently providing these services expires on January 21, 2025. The TO was awarded to Miracle Systems on the OASIS SB IDIQ contract vehicle; however, Miracle Systems is no longer a small business concern under OASIS SB. It now holds a contract under OASIS Unrestricted Pool 1, which expires on March 1, 2025.

AAS initiated a competitive acquisition (referred to as MODES III) in March of 2024, which included the issuance of a Request For Information (RFI) to OASIS SB IDIQ contract holders in May of 2024, in line with the previous competitive action as a SB set-aside. OASIS SB+ contract vehicles were anticipated to be awarded before the OASIS SB IDIQ end date. However, the OASIS+ SB IDIQ awards were protested in July and August, and a Notice of Delay for the awards was issued and the competitive acquisition was halted as a result. Once the delay caused by the OASIS+ SB protests became apparent, a competition for a contract would have caused significant unacceptable delays in meeting the MODES requirements. A task order could not have been awarded before the expiration of the current MODES TO, or the expiration of the OASIS Unrestricted Pool 1 contract. AAS plans to perform additional market research with a focus on the OASIS+ SB IDIQ as soon as it became becomes available for use.

Additionally, exercising FAR 52.217-8, Option to Extend Services, under the existing MODES TO is not feasible. To complete the MODES III TO competition, AAS needs more than the six months of additional services beyond the current TO expiration date. Any additional TO on OASIS Unrestricted Pool 1 must be awarded by March 1, 2025, the expiration date of Miracle’s OASIS Unrestricted Pool 1 contract. Thus, although AAS could exercise FAR 52.217-8, it would nonetheless have to issue a bridge TO by March 1, 2025, which negates the utility of FAR clause 52.217-8.

It is essential for service members, their families, survivors, supporting service providers, and the broader support network of a service member to be informed about and have access to quality-of-life services and resources. These services should be globally available and easily accessible through reliable outreach and communication channels. MC&FP has developed a comprehensive portfolio of O&E services and digital resources available to the military community. Disruption of TO services currently provided, would compromise the essential role of MC&FP.

A bridge TO will enable MC&FP to carry out mission-critical services without delay while the OASIS+ SB protests are being resolved, and allow for transition to the awardee of the competitive action, with an award anticipated during quarter four of calendar year 2025. Miracle Systems possesses the requisite knowledge and technical expertise with a proven record of satisfactorily providing for the required services under the current MODES TO. If competitive procedures are used in place of a bridge TO, the estimated delay would push the award of this TO to quarter four of calendar year 2025, resulting in a delay or lapse in MODES services. Therefore, awarding a

Version 09/24/2024 bridge TO to Miracle Systems prior to the expiration of the current MODES TO is the only feasible and practical alternative.

d. Determination That the Anticipated Cost is Fair and Reasonable:

Based on historical burn rates and ODC purchases under the current MODES TO, the Contracting Officer will determine the proposed price fair and reasonable by obtaining Certified Cost or Pricing Data and performing cost and price analysis. The total estimated amount of funding required for the total period of performance with one, 12-month base period and one, three-month option period is approximately

e. Other Facts Supporting the Justification:

N/A

f. Statement of Actions:

A competitive acquisition for a MODES III TO is planned for January 2025, immediately following the anticipated resolution of the protest and award of the OASIS SB+ IDIQ, with an estimated award date in quarter four of FY 2025. A 15-month total period of performance for the MODES bridge TO, including one, 12-month base period and one, three-month option period, will allow for the subsequent award of the competitive TO, the resolution of any possible protest, and time for an appropriate transition from the incumbent contractor to the new awardee.

g. Certification by Technical or Requirements Personnel:

I hereby certify that the supporting data is accurate and complete.

Douglas Smith Date Project Manager, AAS Defense Assisted Acquisition Services

h. Signature of Authorized Officials:

I hereby certify that the Justification is accurate and complete to the best of my knowledge and belief, and I determine on the basis of the findings above that the exception to fair opportunity is in accordance with the requirements and is in the best interest of the Government.

Denise VonDibert Date Contracting Officer, AAS Defense Assisted Acquisition Services

Docusign Envelope ID: 301404D8-9590-4ABB-A4B1-231521B84FBA

11/14/2024

11/15/2024

Version 09/24/2024

I hereby certify that the Justification is accurate and complete to the best of my knowledge and belief, and I determine on the basis of the findings above that the exception to fair opportunity is in accordance with the requirements and is in the best interest of the Government.

Chris Hamm Date Client Executive, AAS Defense Assisted Acquisition Services

11/18/2024