Redacted EFOJ JS3.pdf

Control No: CAO-21-0241 Contractor: Unity Technologies Corporation

Program/Equipment: JPEO Staff Support Services (JS3)

Version – September 2018 CUI

JUSTIFICATION REVIEW DOCUMENT

FAR PART 16 EXCEPTION TO FAIR OPPORTUNITY JUSTIFICATION

For Actions Exceeding the Simplified Acquisition Threshold (SAT)

Program/Equipment: JPEO Staff Support Services (JS3) – increase in the current level of support from 2.5 Contractor Full Time Equivalents (CFTEs) to 3 CFTEs under Performance Work Statement (PWS) Section 4.4.

Authority: 10 U.S.C. 2304c(b)(3) as implemented by FAR Part 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.

Amount: $335,000.00

Prepared by: Nicholas R. Glazewski DSN: 880-2600 Acquisition Analyst Date: 4/14/2021 Email: nicholas.r.glazewski.civ@mail.mil

Contracting Officer:Anthony J. Delicati DSN: 880-3586 Email: anthony.j.delicati.civ@mail.mil Date: 4/19/2021

Technical: Steven B. Piggott DSN: 880-1855 Acquisition Manager (Acting) Date: 4/14/2021 Email: steven.b.piggott.civ@mail.mil

Requirements: Steven B. Piggott DSN: 880-1855 Acquisition Manager (Acting) Date: 4/14/2021 Email: steven.b.piggott.civ@mail.mil

Reviews: I have reviewed this justification and find it adequate to support an exception to fair opportunity.

Program Manager:

Typed Name: James M. Lilly

DSN: 880-4962

Signature:

Branch Chief:

Typed Name: Anthony J. Delicati

DSN: 880-3586

Date: 19 April 2021

Division Chief:

Typed Name: David E. Drag

DSN: 880-6290

Signature:

Date: 19 April 2021

Legal Counsel:

Typed Name: Casey Nix

DSN: 880-3440

Date: 19 April 2021

FAR Part 16 Exception to Fair Opportunity Justification

Under Multiple Award Indefinite Delivery Contracts For Actions Exceeding the Simplified Acquisition Threshold (SAT)

1. Contracting Activity: Army Contracting Command – New Jersey (CCNJ)

2. Description of Action: Joint Program Executive Office, Armaments & Ammunition (JPEO A&A) requests a modification to Task Order W15QKN-20-F-0644 with Unity Technologies Corporation (UnityTec). The Government projects award for no later than 22 April 2021 and Fiscal Year (FY) 2021 Operations & Maintenance, Army (OMA) funds will be used. An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i)(B).

This action is a follow-on to task order W15QKN-20-F-0644. Award of the task order was accomplished under the GSA OASIS Small Business Best-In-Class Indefinite Delivery Indefinite Quantity contract Pool 1 as a 100% Small Business Set-Aside.

3. Description of Supplies/Services: JPEO A&A has a requirement to increase the level of support currently being provided under the JS3 by increasing the scope at Performance Work Statement (PWS) 4.4 from 2.5 Contractor Full Time Equivalents (CFTEs) to 3 CFTEs, increasing by .5 CFTEs.

During the initial requirements development for this Task Order, the Government underestimated the level of effort required at PWS cite 4.4 and is unable to meet the organizations current demands. The Government estimated that the service requirements could be completed with approximately 2.5 CFTEs and is what was proposed by the contractor. Since award, there has been additional internal alignments of workload within the JPEO A&A G8 that has required additional support that can only be supplied by a contractor as there are statutory constraints that do not allow for JPEO A&A, HQ to grow its manpower. These internal alignments were a result in an increase in the number of Foreign Military Sales (FMS) Financial Execution support.

Period of Performance: April 23, 2021 to October 22, 2021 (Remaining Base Period) and the Option Years (4, October 23, 2021- October 22, 2025) Total Value: $10,349,893.46

4. Authority Cited: 10 U.S.C. 2304c(b)(3) as implemented by 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.

5. Reason for Authority Cited: The proposed acquisition must be accomplished through an exception to fair opportunity, and the authority under paragraph 4 applies. The Government requires the additional 0.5 CFTE for Financial Execution, in order to meet the JPEO A&A’s growing requirements. Should this increase not occur it would cause damages and delays to the JPEO A&A G8 mission. Fair Opportunity is being waived for this proposed effort to increase services under this task order because it does not make sound business sense as explained below to re-solicit and compete 0.5 CFTE.

Logically, the amount of effort and manpower the Government would exert in order to resolicit the requirement of 0.5 CFTE would not be cost effective. The amount of Government man-hours to generate a procurement package, resolicit the requirement, have contractors propose (significant cost burden to contractors for only proposing to .5 CFTEs), receipt of quotes or proposals, the resulting technical evaluation and award generation is not of a benefit to the Government or industry. UnityTec is already performing this service and is currently providing 2.5 CFTEs for the same labor category. By increasing the existing CFTE count to 3.0, the contractor is able to seamlessly increase the level of effort necessary to meet the JPEO A&A G8 requirements by simply increasing the hours of the contractor employee working half-time to that of full-time. This increase in scope results in a slight increase to the level of effort, and no technical requirements are changing within the Performance Work Statement.

It is in the best interest of the Government to issue this increase in scope that was not originally contemplated at the time of award on the basis of interest of economy and efficiency for the aforementioned reasons. All GSA OASIS SB Pool 1 awardees at the onset of this requirement were provided fair opportunity and given consideration to the original order. Had the CFTE count been 3.0 rather than 2.5 when the requirement was solicited, the outcome of the competitively conducted procurement would have near certainly been no different.

If this scope increase is not executed, the Government will encounter delays with the execution of an increased workload, unable to meet the JPEO A&A G8 mission.

6. Actions to Increase Competition: The additional 0.5 FTE will be included at the onset of the next requirement and resulting procurement. The follow-on procurement will likely utilize a 100% Small Business Set-Aside competitive strategy under a Tier 3 Best-In-Class contracting vehicle administered by GSA such as GSA OASIS.

7. Market Research: In accordance with FAR 10.001(a)(2)(v), agencies should conduct market research appropriate to the circumstances prior to awarding a task order under an IDIQ contract for services in excess of the simplified acquisition threshold. Market Research was conducted during the JS3 procurement process 11 months ago and was completed in April 2020. A representative of the JPEO A&A conducted the market research, which was reviewed during the preparation of the document. It was found that there has been no significant changes within the market and is still consistent with the same trends as the Government saw in April 2021.

8. Other Facts: This action is in support of an established Task Order as delineated below:

a. Procurement History:

Contract: Task Order W15QKN-20-F-0644 Contractor: Unity Technology Corporation Award Date: 23 OCT 2020 Competitive Status: Fair Opportunity – Trade-Off Contract Type: FFP Task Order under a Best-In-Class (BIC) Multiple Award (MA) IDIQ GSA

OASIS SB

b. This requirement is in support of the aforementioned Task Order. Utilizing a different form of acquisition will result in avoidable duplication of cost and delays, and non-completion of the JPEO A&A G8 mission. Additionally, the task order was competitively awarded and it is anticipated that any follow-on requirements will be competitively solicited.

9. Technical Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Typed Name: Steven B. Piggott Date: 4/14/2021 Title: Acquisition Manager

10. Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Typed Name: Steven B. Piggott Date: 4/14/2021 Title: Acquisition Manager

11. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable.

This determination will be made using the following: ☐ cost analysis ☒ price analysis ☐ should cost ☐ IGCE audit: identify the audit type ☐ other: identify the methodology or combination of methodologies that will be used

As a part of this basis, certified cost or pricing data:

☐ will be required.

☒ will not be required and the following exception applies (FAR 15.403):

☐ Prices that will be agreed upon are based on adequate price competition.

☐ Prices that were established during the original competition that are not subject to negotiation.

☐ Prices that will be agreed upon are based on prices set by law or regulation.

☐ A commercial item is being acquired.

☐ A waiver has been granted by the head of the contracting activity (HCA) in accordance with DFARS PGI 215.403-1.

☒ The contract action is a modification to a contract or subcontract for commercial item(s).

☒ The estimated cost of the contract action is less than the threshold for certified cost or pricing data.

Typed Name: Anthony J. Delicati Date: 19 April 2021 Title: Contracting Officer

12. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Typed Name: Anthony J. Delicati Date: 19 April 2021

Approval

Based on the foregoing justification, I hereby approve the procurement of JS3 support in the form of an additional 0.5 CFTE Financial Execution Analyst from the period 23 April 2021 through 22 October 2025 in the amount of $335,000 using an exception to fair opportunity pursuant to the authority of FAR 16.505(b)(2)(i) (C). The modification to the competitively awarded task order must be issued on a sole-source basis in the interest of economy and efficiency. It is a logical follow-on to an order already issued under the contract, under which all awardees were given a fair opportunity to be considered for the original order. The approval is subject to availability of funds and conditioned upon the services or supplies herein described having otherwise been authorized for acquisition.

Typed Name: Anthony J. Delicati Date: 20 April 2021