Redacted JA.pdf

CUI

J&A No. 23-0014

MISSILE DEFENSE AGENCY

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Introductory Paragraph.

Upon the basis of the following justification, I, as the Missile Defense Agency (MDA) Director for Contracting, hereby approve the issuance of the contractual action discussed below using other than full and open competition, pursuant to the authority cited herein.

2. Identification of the Agency and Contracting Activity (FAR 6.303-2(b)(1)).

This Class Justification and Approval (J&A) is for the MDA Mission Support (MS) Directorate to provide continued Advisory and Assistance Services (A&AS) to support the Agency. The contracting activity is MDA/MSK, which provides contracting support to the MS Directorate.

The point of contact for this action is Mr. Jonathan Wood, Contracting Officer, jonathan.wood@mda.mil.

3. Nature and Description of the Action Being Approved, (FAR 6.303-2(b)(2)).

This Class J&A is needed to ensure MDA has no lapse in service between the existing Technical, Engineering, Advisory, and Management Support (TEAMS) Logistics, HQ0147-16-C-0041;

Environmental Management, HQ0147-16-C-0024; and Facilities, Logistics, and Space

Management, HQ0147-18-C-0004 contracts and the future corresponding TEAMS-Next

Logistics and Environmental Management competitive award.

The work required under this Class J&A is an extension to the existing TEAMS Logistics;

Environmental Management; and Facilities, Logistics, and Space Management Contracts for up to 181 days to provide continuity of existing work to support multiple MDA functional organizations. The funding for this Class J&A will be provided by the current stakeholders.

The work proposed for each of the functional organizations continues both existing technical and programmatic support.

4. Description of the Supplies and/or Services Required to Meet the Agency’s Needs

(including the estimated value), (FAR 6.303-2(b)(3)).

This J&A provides A&AS for the TEAMS Logistics; Facilities, Logistics, and Space

Management; and Environmental Management contracts with extended period of performance from May 1, 2023 - October 31, 2023 with the intention of exercising an initial two-month extension period ending on June 30, 2023 and then a series of four (4) one-month extension periods depending on circumstances related to a competitive follow-on contract for Facilities, Logistics, and Environmental (FLE). The proposed efforts will provide uninterrupted support and continuity within the MDA. The critical A&AS requirements covered under this Class J&A include: Enterprise-wide efficiencies through the centralized management of A&AS support with a focus on the elimination of redundancies, reduction in overhead, and increasing opportunities for the sharing of technical expertise throughout the Agency; and continued support of TEAMS A&AS efforts for Logistics; Environmental Management; and Facilities, Logistics, and Space Management support.

Controlled by: Missile Defense Agency

Controlled by: MDA/MSK

CUI Category: General Procurement and Acquisition

Distribution/Dissemination Control: FEDCON

POC: Mr. Jon Wood, jonathan.wood@mda.mil mailto:jonathan.wood@mda.mil mailto:jonathan.wood@mda.mil

CUI J&A No. 23-0014

Spend rates in the current contract were used as a basis to estimate the value of this requirement.

The MDA will use Research, Development, Test & Evaluation funding for this requirement.

The estimated value for the requirement is described below:

$(M) Logistics Environmental Management

Facilities, Logistics, and Space Management

Total Class J&A Estimated Value

Total Labor $8.47 $1.25 $3.90

Total Travel/ODC $0.92 $0.06 $0.08

Total Effort $9.39 $1.31 $3.98 $14.68

Mission Support )acilities (MS))

Mission Support Life Cycle Management (MSL)

Mission Support Real Property Investments and Deployments (MSR)

5. Statutory Authority Permitting Other than Full and Open Competition (FAR 6.303-2(b)

(4)). The statutory authority permitting other than full and open competition is 10 USC 3204(a)(1), as implemented by Federal Acquisition Regulation (FAR) 6.302-1(a)(2), Only One Responsible

Source and No Other Supplies or Services Will Satisfy Agency Requirements.

Contract Number Title Contractor Own

Org* Option

Period of

Performance

Ceiling Increase

$(M)

HQ0147-16-C-0041 Logistics Venturi, LLC

MSL Ext 5/1/2023 –

6/30/2023

7/1/2023 –

7/31/2023

8/1/2023 – 8/31/2023

$9.39

9/1/2023 –

9/30/2023

10/1/2023 –

10/31/2023

HQ0147-16-C-0024

Environmental Management

Mabbett & Associates, Inc

MSR Ext 5/1/2023 –

7/31/2023

8/1/2023 – 8/31/2023

$1.31

9/1/2023 –

9/30/2023

10/1/2023 –

10/31/2023

HQ0147-18-C-0004

Facilities, Logistics, and

Space Management

Strategic Alliance Business

Group LLC

MSF

Ext

5/1/2023 –

7/31/2023 $3.98

8/1/2023 –

8/31/2023

9/1/2023 –

9/30/2023

10/1/2023 –

10/31/2023

J&A Total $14.68

6. Demonstration of Contractor’s Unique Qualifications or the Nature of the

Acquisition Requires Use of the Authority Cited (FAR 6.303-2(b)(5)).

Venturi, LLC (Logistics); Mabbett & Associates, Inc. (Environmental Management); Strategic

Alliance Business Group LLC (Facilities, Logistics, and Space Management) are currently providing critical support services to the MDA. MDA is in the process of recompeting these requirements as part of the TEAMS-Next follow-on support services acquisitions.

However, due to circumstances arising from the appeal to the Small Business Administration

Office of Hearings and Appeals and its final ruling, performance on the awarded follow-on contract has been stayed and a new recommendation for award will be made. Making a decision for the new follow-on contract award could not be initiated in time to prevent a disruption in services. The MDA requires multiple A&AS contractors to support the MDA's mission in many critical areas, spanning all MDA Programs and all MDA Functional

Directorates - both vertically and horizontally. A&AS contractors are not always assigned to one mission area; many perform work for multiple functional areas and are required to provide simultaneous support to various organizations. Transition to new contractors for such a short duration (under twelve (12) months) would be detrimental to the contractor work products currently in process and potentially cause delays to meeting critical programmatic/mission milestones. The incumbent contractors have acquired efficiencies and understanding of the organizational structure that could not be replicated quickly. Soliciting and competing this work under new contracts would be neither timely, nor efficient and would prevent continuity of operations in the A&AS arenas.

7. Description of Market Research Conducted (FAR 6.303-2(b)(6) (8) and (10)).

Market research was conducted for the initial TEAMS contracts awards, and was completed on

April 30, 2015. New market research was conducted for the follow-on TEAMS-Next acquisition which included three Industry Days held in December 2018, June 2019 and

December 2019. This continuous market research indicated existence of a broad industrial base capable of satisfying MDA’s A&AS service requirements. Therefore, a competitive RFP was issued for the follow-on contract as described above multiple offerors were received in response to the Request for Proposal (RFP). The market research conducted indicated there is a competitive market for this requirement and multiple offerors proposed in response to the RFP.

Based on the market research conducted and the competitive source selection, MDA has adequate insight into the market for these services and a Request for Information or Sources

Sought Notice would not likely provide any additional useful information to support the acquisition strategy. The Head of Contracting Authority delegated the Defense Federal

Acquisition Regulation Supplement (DFARS) Procedures, Guidance and Information (PGI)

206.302-1(d) waiver authority to the MDA Director for Contracting, designee, on August 30, 2022. The execution of this J&A waives the requirement to post a request for information or sources sought notice for the bridge effort in accordance with DFARS PGT 206.302-1(d).

8. Determination of Fair and Reasonable Cost (FAR 6.303-2(b)(7)).

The Government retains detailed data on the incumbent contractor’s performance on current contracts and has access to cost/pricing data on other contractors who perform similar service contracts using comparable labor categories. Thorough cost analysis of proposed prices for the modifications to extend period of performance will be conducted. This analysis will include comparisons of proposed prices to prices previously incurred under this contract, as well as market analyses for similar services performed by other contractors as applicable. The efforts will provide the Contracting Officer with sufficient data to determine overall price reasonableness of the intended sole source award.

9. Any Other Facts Supporting the Use of other Than Full and open Competition (FAR

Part 6.303-2(b)(9).

A disruption of contractor support in this area will have negative effects on continuity of the

MDA mission and would result in unacceptable delays in fulfilling the Agency’s requirements.

Additionally, new competitions at this time will result in unnecessary duplication in cost and manpower and could also result in break in service exposing MDA data and systems to unacceptable risks. A follow-on competition is ongoing and being conducted as part of the

TEAMS-Next Program.

10. Actions Taken to Remove Barriers to Competition (FAR 6.303-2(b)(11)).

For the purposes of this Class J&A, the contract extensions required apply to existing TEAMS contracts and these current contractors are the only responsible sources to provide uninterrupted mission critical A&AS services while the TEAMS-Next acquisitions are ongoing. This Class J&A will not deter open competition for the follow-on TEAMS-Next awards. The acquisition approach for the TEAMS-Next contracts are being conducted using full and open competition.

11. Technical/Requirements Official Certification (FAR 6.303-2(c)). I certify that this justification for other than full and open competition is made in good faith and that the supporting data and information are accurate and complete to the best of my knowledge and belief. I further certify that this request is not the result of a lack of advance planning.

ROBERTS.WILLIA Digitally signed by

ROBERTS.WILLIAM.P.1039072374

Date: 2023.04.04 16:07:40 -05'00' .1111981996

WILLIAM P. ROBERTS TODD WATTS

Digitally signed by

WATTS.TODD.L.1111981996

Date: 2023.04.04 14:39:06

-05'00'

Director of Life-Cycle Management Director of Real Property Investments and

Mission Support Directorate Deployments, Mission Support Directorate

NIEMAN.DAVID

.L.1150050754

DAVID NIEMAN

Director of Facilities

Mission Support Dir.

Digitally signed by

NIEMAN.DAVID.L.1150050754

Date: 2023.04.04 12:48:51

-05'00

WATTS.TODD.L

M.P.1039072374

12. Contracting Officer (FAR 6.303-2(b)(12). I have determined that the anticipated cost to the Government will be fair and reasonable and certify that the justification is accurate and complete to the best of my knowledge and ability.

JONATHAN G. WOOD

Contracting Officer, MDA/MSK

13. Legal Counsel. I have reviewed the justification and determined it to be legally sufficient.

DIAZ.NORBERT.J.10749 Digitally signed by

98204

DIAZ.NORBERT.J.1074998204

Date: 2023.04.26 14:34:50 -05'00'

NORBERT J. DIAZ

Deputy General Counsel for Acquisition Law

14. Contracting Director. I have reviewed the justification and recommend it be approved.

HAWKINS- Digitally signed by HAWKINS-

HINES.REGINA.1230666098

Date: 2023.04.26 08:41:22 -05'00'

REGINA HAWKINS-HINES

Director of Contracting, MDA/MSK

15. Approval (FAR Part 6.304). T have reviewed the justification and recommend it be approved.

STEVEN MCDONALD

Competition Advocate, MDA/DA

16. Approval (FAR Part 6.304). In accordance with FAR Part 6.304, the above justification for other than full and open competition and the waiver of the DFARS PGI 206.302-1(d) requirement is hereby approved.

JOHN W. MAYES

Director for Contracting, MDA/CT

HINES.REGINA.1230666098

WOOD.JONATHAN.

Digitally signed by

WOOD.JONATHAN.GRAY.139525

GRAY.1395257613 7613

MCDONALD.STE Digitally signed by

MCDONALD.STEVEN.B.11267

61577

-05'00'

MAYES.JOHN. Digitally signed by

MAYES.JOHN.W.1364398979

W.1364398979 Date: 2023.04.26 22:48:18

-05'00'