TEAMS JA SAFETY 6 Mo Ext - Redacted2.pdf

J&A No: 21-0007

Contract No: HQ014716C0015

CUI

Controlled by: Missile Defense Agency

Controlled by: Consolidated Support

Program Office

CUI Category: General Procurement &

Acquisition

Limited Dissemination Control: FEDCON

POC: Rebecca Froelich, 256-450-4616

$4.64M.

Rebecca Froelich, Contracting Officer, at (256) 450-4616.

Ms.

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 Competition

Advocate, hereby approve the issuance of the contractual action discussed below using other than full and open competition, pursuant to the authority cited herein.

2. Agencies and Contracting Activity (FAR Part 6.303-2(b)(1)). The Missile Defense

Agency (MDA) contracting activity is MDA/CSK, which provides contracting support to the

Consolidated Support (CS) program office. The point of contact for this action is

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

This Justification and Approval (J&A) is for the MDA Consolidated Support (CS) Program

Office to extend the legacy Technical, Engineering, Advisory, and Management Support

(TEAMS) Safety contracts for up to six (6) months to provide continuity of existing work, and to avoid disrupting critical A&AS support to various MDA functional organizations.

MDA intends to extend contract services currently performed by A-P-T Research Inc., 4950 Research Dr. Huntsville, AL, 35805-5906, under the cost-plus-fixed-fee contract

HQ014716C0015. The action is in response to an on-going protest pending before the U.S.

Government Accountability Office (GAO). MDA intends to invoke FAR clause 52.217-8 and execute a contract modification to extend the contract for up to six months as a contingency to provide uninterrupted, high-quality continuity of services while GAO rules on the protest. FAR clause 52.217-8 was included in the original contract, but costs were not evaluated. The current period of performance on contract HQ014716C0015 expires on

January 12, 2021. Upon approval of this J&A, the extension will provide for a 3-month option, followed by three 1-month options, for a maximum of six (6) months.

4. Description of the Supplies and/or Services Required to Meet the Agency’s Needs (including the estimated value) (FAR Part 6.303-2(b)(3)). This extension will provide A&AS starting January 13, 2021 not to exceed six (6) months at a total estimated cost of The proposed effort will provide uninterrupted support and continuity within the MDA Agency Operations community in these broad categories:

a. Support Development, Implementation, and Execution of BMDS safety policies, requirements, and programs at the BMDS level

b. Support System Safety Risk Identification and Management Process at the BMDS level

c. Support Safe Conduct of BMDS-Level System

CU I

$4.64M

Demonstration Activities, Including Flight and Ground Tests

d. Support Safe Interoperability of BMDS Elements when Communicating Over BMDS and

Non-BMDS Communication Systems.

Competitively awarded, Second Option Year rates will be used for this extension. The MDA will use fiscal year 2021 Research, Development, Test & Evaluation funding.

Specific contract information and dollar values are:

Contractor: A-P-T Research Inc. (A-P-T Research)

TEAMS Contract: Safety

Contract Option: FAR clause 52.217-8

J&A Period of Performance: January 13, 2021 up to June 12, 2021

Estimated J&A Value:

Estimated Award Date: January 12, 2021

5. Statutory Authority Permitting Other than Full and Open Competition (FAR Part

6.303-2(b)(4)). The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(c)(1) as implemented by FAR 6.302-1(a)(2)(iii)(B). Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

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

Requires use of the Authority Cited (FAR Part 6.303-2(b)(5)). A-P-T Research is currently providing highly specialized and critical support services to the MDA. A protest of the follow-on

TEAMS-Next Safety contract was filed with the GAO, and a stay of performance is in effect. Any break in A&AS will significantly increase program costs and/or delay program schedules. A disruption of contractor support on this effort will have resounding effects on continuity of the

MDA mission. The fast-paced and overarching nature of the Agency integration activities is so tightly interdependent that a disruption in one organization will have a ripple effect across multiple programs and these consequences are detrimental. The most effective way to ensure continuity of operations while the Agency awaits the outcome of the protest is to extend the current contract with the incumbent contractor until the TEAMS-Next Safety protest is resolved.

7. Description of Market Research Conducted (FAR Part 6.303-2(b)(6), (8) and (10)). This sole source action is for continuation of existing work for which market research was conducted at the time of initial contract award. However, the follow-on TEAMS-Next program conducted market research for future A&AS work. Based on the results of the TEAMS-Next market research, a competitive small business set-aside was utilized for the TEAMS-Next Safety contract action.

A notice of intent was posted to the Beta.SAM.gov website December 11, 2020 to inform prospective sources of MDA’s intention to extend the existing bridge contract. No responses were received from industry.

DIAZ.NORBERT.J.1 Digitally signed by

DIAZ.NORBERT.J.1074998204

_____________________________________074998204 Date:

2021.01.11 14:18:18 -06'00'

NORBERT DIAZ

FROELICH.REBECC Digitally signed by

FROELICH.REBECCA.LYNN.15095414 _____________________________________A.LYNN.1509541465 Date: 2021.01.11 08:10:10 -06'00'

REBECCA FROELICH

AUSTIN.GERALD.B

Digitally signed by AUSTIN.GERALD.BRUCE.II.1169203 _____________________________________RUCE.II.1169203691

Date: 2021.01.11 13:47:00 -06'00'

TIMOTHY J. YOPEK

8. Determination of Fair and Reasonable Cost (FAR Part 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. Competitively awarded, Second Option Year rates will be used for this extension.

9. Actions Taken to Remove Barriers to Competition (FAR Part 6.303-2(b) (11)). There are no known barriers to future competition. MDA is competing the follow-on TEAMS-Next contract using Full and Open procedures under the TEAMS-Next acquisition strategy. The notice of intent to extend services during the protest was posted to Beta.SAM.gov on December 11, 2020 and responses were due no later than December 28, 2020, 2:00 PM CST. No responses were received by the due date. The extension of current work proposed in this J&A ensures mission critical needs are met throughout the Agency.

10. Technical/Requirements Official Certification (FAR Part 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.”

Program Manager

Consolidated Support

11. Contracting Officer (FAR Part 6.303(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.”

Contracting Officer

Consolidated Support Program Office

12. Legal Counsel. “I have reviewed the justification and determined it to be legally sufficient.”

Deputy General Counsel, Acquisition Law

PENLEY.JOHN.H.1 Digitally signed by

PENLEY.JOHN.H.1248278451

_____________________________________2482

78451 Date: 2021.01.11 08:14:57 -06'00'

JOHN PENLEY

ONEILL.MICHAEL. Digitally signed by

ONEILL.MICHAEL.N.1072049507

____________________________________N.107

2049507 Date: 2021.01.11 15:29:58 -05'00'

MICHAEL O’NEILL

13. Contracting Director. “I have reviewed the justification and recommend it be approved.”

Director of Contracting

Consolidated Support Program Office

14. Approval (FAR Part 6.304). “In accordance with FAR Part 6.304, the above justification for other than full and open competition is hereby approved.”

Competition Advocate

Approved for Public Release

21-MDA-10681 (2 Feb 21)