Redacted Exception to Fair Opportunity Justification over SAT.pdf

CUI

Control No:

JUSTIFICATION REVIEW DOCUMENT

FAR PART 16.505 EXCEPTION TO FAIR OPPORTUNITY JUSTIFICATION

For Actions Exceeding the Simplified Acquisition Threshold (SAT)

Programs/Equipment: Army Research Laboratory (ARL) Information Technology (IT) Modernization Support Services - Three (3) Month Bridge Extension for Task Order

(TO) W911QX19F0075

Authority: 10 U.S.C. 3406(c)(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.

Amount:

Prepared by:

Contracting Officer:

Technical:

Requirements:

DSN:

Date: 03/06/2025

Daniel Balizan DSN:

Date: 03/06/2025 Contra

Email:

Controlled by: US Army Controlled by: ACC-APG

DSN:

Date: 03/06/2025

DSN:

Date: 03/06/2025

CUI Category: General Procurement & Acquisition Distri : FEDCON • ••• ·11 •••• •••

POC:

As noted in Section 9, this requirement has a lengthy history of protests, albeit unsuccessful. The current contract W911QX19F0075 received one (1) GAO level protest (B-418189.1) from Criterion Systems, Inc. that was partially dismissed before being withdrawn on 21 November 2019. The predecessor contract W911QX15F0014 received two (2) GAO level protests (B-411459; B-411459.2; B-411459.3; B-411459.4; B- 411459.5; B-411459.6) from Hygeia Solutions Partners, LLC and STG, Inc. that were ultimately denied on 30 July 2015. The Government must ensure that the Source Selection is conducted with the lessons learned from prior protests for the follow-on requirement. In granting a bridge extension, the Government is given additional time for this purpose and the risk of protest is subsequently reduced. In addition, the proposed three (3) month bridge extension ensures there is no break of service for ARL's IT Modernization Support Services while the Source Selection can be completed and the follow-on contract can be awarded. This timeline is shown in the updated milestone table below.

A bridge extension awarded to the incumbent, Agile Defense Inc., is a logical follow-on to the current task order. As stated, the proposed modification would retain the same IT

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Modernization Support Services that are provided by the incumbent under the current task order. To date, the incumbent has fulfilled the Government's requirements for this effort without any performance issues. In fact, since the PoP began on 01 November 2019, the incumbent has provided a high-quality level of IT Modernization Services to ARL that has never been accomplished by any of the preceding Contractors for this requirement. Agile Defense lnc.'s positive performance in the current task order demonstrates its ability to continue providing the required services in the interim while the re-compete effort can be awarded. In addition, Agile Defense Inc. has institutional knowledge of the current requirements. The incumbent personnel have gained unique expertise and familiarity with ARL's current IT environment and the future-state IT environment ARL is working towards. Agile Defense lnc.'s current employees and key personnel have gained the knowledge and skillsets needed to ensure successful continuity of services. An exam h w while a new vendor learned the established processes and procedures. Furthermore, it is expected that a new vendor would experience unprecedented attrition for such a short term bridge as individuals would not be willing to accept positions where the underlying contract were only for three (3) months. This attrif learning curve of a new vendor and would lead to timeframe of a new short term contract wou d cau would be insufficient to due to inability to obtain the required credentials. It is not feasible to transition from Agile Defense to another vendor and then once again to a new contract vehicle as it would impose significant burden to the personnel under contract, ARL IT staff, services offered, and the customer/end user.

In summary, the re-compete order requires more time to complete, therefore creating a