redacted_Exception_to_Fair_Opportunity.pdf

Control No:

Contractor:

Program/Equipment: OPETS

Version – April 2016 FOR OFFICIAL USE ONLY

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-Aberdeen Proving Ground (ACC- APG), Natick Contracting Division (NCD), BLDG 1, General Greene Ave, Natick, MA

2. Description of Action: The JPEO-CBD JPM MCS requests a firm-fixed price Task Order modification to W911QY-13-D-0071 with to add one (1) Full-Time Equivalent (FTE) Bioengineer Level IV. The Government projects award for September 2016, Fiscal Year 16. FY16 RDT&E Defense Wide Funding will be used.

The JPEO-CBD approved an Acquisition Plan in accordance with DFARS 207.103(d)(i)(B) on 19 June 2012.

This requested action is a follow-on effort to an existing Delivery Order 0009 under contract W911QY-13-D-0071, which was competed using fair opportunity contracting procedures under the OPETS Indefinite Delivery, Indefinite Quantity (IDIQ) Contract.

3. Description of Supplies/Services: The services provided under the requested action will mirror the services currently being provided under the OPETS IDIQ Contract in the Medical Domain. The Medical Domain provides the specialized skill sets within the biomedical, science, and pharmaceutical fields required to support all medical countermeasures efforts/systems across the JPEO-CBD. This action requires Medical Domain support under the Bioengineer labor category. The requested Bioengineer will support the Chemical Defense Pharmaceuticals (CDP) program management office.

Responsibilities will include all those currently listed in the current Work Breakdown Structure (WBS) for a Level IV Bioengineer, with an emphasis on independent government programmatic resource-loaded Integrated Master Schedule (IMS) development, management, and maintenance; GANTT chart (using Microsoft Project) development, management, and maintenance; budget assessment; and management of the preparation and submission of a Federal Drug Administration (FDA) New Drug Application (NDA) submission.

Period of Performance: 22 September 2016 (Or from Date of award) to 22 August 2017 Total Value: $165,259.64

These services are not inherently governmental functions.

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:

It is likely that award to any other source would result in unacceptable delays in fulfilling the agency’s requirements.

The requested action will eliminate any risk related to achieving continued performance on time and avoiding any negative impact to mission. To date, , the current OPETS Task Order Prime holding the Medical Domain Bioengineer Task Order, continues to provide effective contract support services to fulfill the contractual requirements of the JPEO-CBD. The addition of one (1) FTE Bioengineer Level IV to support this requested action presents a low performance risk, as continued support is expected to be equally effective.

Should the requested action not be approved, there is one alternative approach that may be considered; however, it will develop a significant risk to both schedule and performance, as well as a moderate risk to cost. The two-person program management team has experienced a temporary loss of one member (loss expected to be for a 12 month period) and the program team cannot effectively function at 50% manning. This is having an immediate impact on program management, and must be reconciled immediately. This temporary loss is because a government civilian employee was detailed to another effort (temporary 12 detail expected to last 12 months), but the government position must be retained for the return of the government civilian employee at the conclusion of the detail. The alternative approach is to solicit and compete a new Task Order falling under the Medical Domain to support the one (1) FTE Bioengineer Level IV required. This approach will increase the time involved to evaluate proposals, award the Task Order contract, and transition into start of work, which may prevent a seamless transition and result in a lapse of support. The delay would severely impact the ability of the program team to meet its obligations during the delay imposed by the source selection process.

6. Actions to Increase Competition:

Due to the unexpected departure (temporary 12 detail expected to last 12 months) of a key team member, resulting in a critical, immediate need for this contract support, no actions can be taken to increase competition for this requirement.

7. Market Research:

The JPEO-CBD Omnibus Contracts Office (OCO) conducts regular market research to determine if there is a change to the existing market place. Current Market Research (conducted in April 2016) has determined that utilizing the OPETS Contracts is the most advantageous to meet the need of JPEO-CBD Contract Support within its represented domains. Market Research supports the use of the OPETS Contracts to meet the for the Bioengineer requirement.

8. Other Facts:

a. Procurement History:

Contract: The OPETS IDIQ Contract was awarded in December 2012 and included a five-year and six-month ordering period, to include one 3-year Base Period, one 2-year Option Period, and one 6-month optional Extension Period. The ordering period ends on 20 June 2018. Performance of Task Orders awarded under the OPETS IDIQ Contract can continue one year beyond the ordering period. Task Orders were awarded under the OPETS IDIQ Contract in each of the six OPETS Labor Domains (i.e., Acquisition, Business & Analytical, Engineering & Technical, Information Technology, Logistics, and Medical). Task Orders primarily consisted of a three-year and six-month performance period, to include a one-year Base Period, two 1-year Option Periods, and one 6-month optional Extension. The current Task Order performance period ends on 18 February 2018. No significant changes to the scope or nature of the Task Order requirements have emerged since initial awards.

Contractor: The company currently holding the Prime Task Order contract award Medical Domain for the Bioengineer labor category is .

Contract and Award Date:

- W911QY-13-D-0071

# of Task Orders: 28 Award Date: September 2014

Competitive Status: At the base OPETS IDIQ Contract level, full and open competition was performed to award contract holders within each OPETS Labor Domain. Task Order contracts under each Labor Domain were then solicited and competed using fair opportunity contract ordering procedures. OPETS IDIQ Contract holders could only bid under the Labor Domain for which they held an OPETS IDIQ Contract. Additional awards were made after the initial Task Order competition, using either fair opportunity contract ordering procedures or by an Exception to Fair Opportunity (EFO) in order to satisfy a Guaranteed Minimum requirement.

b. Approval Timeframe: Approval of the requested action is necessary in order to prevent a disruption to support.

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.

Deputy Joint Product 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.

Joint Omnibus Management Office Manager

Contractor: The

11. Fair and Reasonable Cost Determination:

A price analysis will be conducted for this effort and placed in the Paperless Contracting File (PCF) Cabinet.

As a part of this basis, certified cost or pricing data will not be required and the following exception applies (FAR 15.403-1(b)(3)): commercial exception.

Contracting Officer

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

Contracting Officer