N64498_02322129200.pdf

J&A Number: 0232-21-292-00 Code: 0232 P.R. Number: 21-R S-034

LIMITED-SOURCES JUSTIFICATION

1. Contracting Activity

The Naval Sea Systems Command, Naval Surface Warfare Center, Philadelphia Division (NSWCPD), Code 0232.

2. Description of Action Being Approved

The resultant contract action will be a firm-fixed-price (FFP) modification awarded on a sole source basis to AvantGarde, LLC for Human Resource (HR) specialist support services to perform analytical and administrative services for the NSWCPD HR Division, Code 101. This modification will incorporate FAR 52.217-8 “Option to Extend Services” which allows for a total extension of performance up to six months. To allow for flexibility and usage only to the extent necessary, the modification will be structured to include a one 2-month base period and two 2-month option periods to extend AvantGarde’s General Services Administration (GSA) Order No. GS02F030DA-N6449818F5011. If all options are exercised, the total Period of Performance (PoP) extension will be for six months and will end 30 November 2021.

3. Description of the Supplies or Services

The subject GSA order provides for HR specialist support services to perform analytical and administrative services to the Naval Surface Warfare Center, Philadelphia Division (NSWCPD) HR Division. Support is required in the following areas: Labor & Employee Relations (LER), Staffing & Classification, Workforce Development (WFD), Human Resource and Information Systems (HRIS), and Equal Employment Opportunity (EEO). The proposed option to extend services will provide for the following:

CLIN Qty PoP Unit Cost

Period 1 Base 0046 1 FTE 01 Jun 2021 - 31 Jul 2021 Base 0047 1 FTE 01 Jun 2021 - 31 Jul 2021 Base 0048 1 FTE 01 Jun 2021 - 31 Jul 2021 Base 0049 1 FTE 01 Jun 2021 - 31 Jul 2021 Base 0050 1 FTE 01 Jun 2021 - 31 Jul 2021 Base 0051 .5 FTE 01 Jun 2021 - 31 Jul 2021 Base 0052 .5 FTE 01 Jun 2021 - 31 Jul 2021

Period 2 Option 0053 1 FTE 01 Aug 2021 - 30 Sep 2021 Option 0054 1 FTE 01 Aug 2021 - 30 Sep 2021

DEPARTMENT OF THE NAVY

NAVAL SURFACE WARFARE CENTER

PHILADELPHIA DIVISION

5001 SOUTH BROAD STREET

PHILADELPHIA PA 19112-1403

IN REPLY REFER TO:

J&A Number: 0233-21-020-00

March 30, 2021 NSWCPD canceled RFQ No. N6449820Q0166. On 02 April 2021, the Agency released a new solicitation, RFQ No. N6449821Q5057, for the subject requirement, and on 12 April 2021, the incumbent protested the new solicitation to the GAO. In accordance with FAR 33.104(b) “Protests before award,” the task order may not be awarded unless authorized, in accordance with agency procedures, by the head of the contracting activity, on a nondelegable basis, and upon a written finding as set forth in FAR 33.104(b). Here, award has been stayed. Per FAR 33.104(f), the GAO has 100 days from the date of filing to issue a decision on the protest. In this case, the GAO protest decision is due on 21 July 2021.

This option to extend services via 52.217-8 for up to six (6) months will allow for protest disposition, evaluation of quotes, potential discussions with Quoters, and award of a follow-on GSA order for the subject requirement.

AvantGarde has been performing these exact services pursuant to task order GS02F030DA- N6449818F5011 since 30 November 2017. This order was established under competitive procedures and the extension for new work via 52.217-8 requires continued follow-on performance of the same services at the same rates specified in the current task order. Thus, the work to be performed by AvantGarde pursuant to the extension is a logical follow-on to the current work. Due to the short duration of this extension and the fixed timeframes for resolution of the GAO protest, it would not be economical or efficient to award a competitive order for these services for such an abbreviated period of performance, i.e. one 2-month base period and two 2-month option periods. Services under the current task order will expire on 31 May 2021. Utilizing this extension of services provides coverage for the two months expected for the disposition of the current GAO protest and completion of award. The estimated time required to solicit, evaluate quotes, and award a new competitive order in lieu of this extension would be 150 days. This would cause an interruption in services and not allow for transition of contractor personnel prior to the expiration of the current task order or the projected award date of the future order which is currently under protest. The lack of a proper transition would likely increase costs due to the loss of the efficiencies that come along with bringing a new contractor up to speed and the transition of knowledge from an incumbent to a new contractor. Additionally, it is not expected that Quoters would offer best pricing for an order of such short duration, i.e. one 2-month base period and two 2-month option periods, as the ramp up costs associated with recruiting, hiring, and transitioning personnel would need to be factored into a much shorter period of performance.

Given the short term nature of the extension and the fixed 100-day protest period, it is in the interest of economy and efficiency, to extend the services pursuant to 52.217-8 as the new work is a logical follow-on to an original Federal Supply Schedule order, the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures, and the original order was not previously issued under sole-source or limited-sources procedures.

6. Determination of Best Value

The Contracting Officer has determined that the anticipated cost to the Government for the services covered by the J&A will be fair and reasonable. AvantGarde, LLC will submit a formal price quotation with other than certified cost or pricing data and sufficient information to support the accuracy and reliability of the estimate. AvantGarde’s quotation will be reviewed by experienced technical analysts and contract specialists with the aid of field pricing support, if necessary. The Contracting Officer will use cost and pricing analysis as the basis for negotiating a fair and reasonable price. By placing an order against a schedule contract using the procedures in 8.405, the ordering activity will conclude that the order represents the best value (as defined in FAR 2.101) and results in the lowest overall cost alternative (considering price, special features, administrative costs, etc.) to meet the Government’s needs. Although GSA has already negotiated fair and reasonable pricing, ordering activities may seek additional discounts before placing an order (see 8.405-4).

J&A Number: 0233-21-020-00

7. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable

For this modification, the Agency did not solicit additional quoters, as the follow-on RFQ has been released and is currently under protest. Due to the short time frame between receipt of the protest and the expiration of the period of performance for the current order, insufficient time exists to solicit, evaluate quotes, award a competitive GSA order, and transition contractor personnel without a lapse in support services. The incumbent Contractor, AvantGarde, LLC, has personnel in place and has a successful performance record. Issuing this modification to the incumbent would provide for uninterrupted services and would minimize impact to the agency while allowing for GAO protest disposition and award of a competitive follow-on GSA Order.

Following award, this justification will be posted along with the award notice on beta.SAM.gov website in accordance with FAR 8.405-6(a)(2).

8. Actions to Remove Barriers to Competition

NSWCPD is processing the competitive follow-on GSA Order as a 100% small business set aside. The follow-on RFQ was released 02 April 2021 and closed on 13 April 2021. The Acquisition Team is working in close coordination to ensure expeditious evaluation of Quotes and timely award of a competitive follow-on order after protest disposition.

9. Any Other Facts Supporting the Justification

None