M04 TAB B JA RDA-TF Extension.pdf

DEPARTMENT OF DEFENSE

WASHINGTON HEADQUARTERS SERVICES

1155 DEFENSE PENTAGON

WASHINGTON, DC 20301-1155

Control No. WHS-2024-606

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

UNDER FEDERAL ACQUISITION REGULATION (FAR) SUBPART 6.3

1. AGENCY AND CONTRACTING ACTIVITY: The Department of Defense (DoD), Washington Headquarters

Services (WHS), Acquisition Directorate (AD), Enterprise Research and Engineering Division (ERED), Technology Analysis and Services Branch (TASB).

2. DESCRIPTION OF ACTION: On March 31, 2023, the WHS/AD awarded a short term sole source bridge contract, HQ003423C0031, for OSI&A’s Research, Development, Analysis Task Force Support (RDA-TF) services requirement in order to award the competitive follow on requirement against a new multiple award contract. Contract HQ003423C0031 has a 10-month period of performance (April 1, 2023 through January 31, 2024), and total firm-fixed-price of $7,842,720.00. It will expire on January 31, 2024. OSI&A still requires services detailed in the contract’s PWS, which are currently being performed by the incumbent contractor, while WHS completes a competitive procurement for the requirement. The 10-month period of performance was intended to allow for a competitive follow-on contract to be awarded. However, WHS/AD changed the acquisition plan to award the competitive task order against the WHS/AD Analytic and Technical Support Services (ATSS) Indefinite-Delivery, Indefinite-Quantity (IDIQ) multiple award contract (MAC) instead of a General Services Administration Multiple Award Contract. There were unforeseen delays in the ATSS IDIQ being available for orders. The delay in ATSS’s availability for orders requires additional time to properly execute a competitive follow-on.

In order to support the Office of the Under Secretary of Defense for Research and Engineering’s (OUSD(R&E)) Office of Strategic Intelligence & Analysis (OSI&A), the purpose of this action is to modify the current Research, Development, Analysis Task Force Support (RDA-TF) services contract, HQ003423C0031, to extend the period of performance by six-months and add an additional six-month option in accordance with Federal Acquisition Regulation (FAR) clause 52.217-8, Option to Extend Services, which will remain unexercised at time of execution. This action will be a firm-fixed-price of $9,581,561.94, utilizing Fiscal Year (FY) 2024 Research, Development, Test and Evaluation appropriated funding. The period of performance for the initial six-month period is February 1, 2024 through July 31, 2024, and if the 52.217-8 clause is exercised, the period of performance will be from August 1, 2024 through January 31, 2025. This modification will affect the duration of the contract itself, but not the number of contractor support personnel providing support under the contract, or the tasks and deliverables identified in the performance work statement (PWS) for the contract.

WHS/AD will extend contractor, Systems Planning and Analysis, Inc.’s (herein referred to as the Incumbent), current contract via a modification in order to maintain continuity of uninterrupted services for a period not exceed 22 months. A short term sole source contract extension is the most logical and cost effective solution for the Government to avoid duplicative costs, unacceptable delays in fulfilling the requirement, and a potential gap in performance of critical services while the competitive acquisition is pursued.

3. DESCRIPTION OF SUPPLIES/SERVICES:

The incumbent will continue performance under the current contract, executing comparative, competitive, and asymmetric technical analysis that exposes U.S. operational gaps, key threats, and technical challenges, while providing analytic and subject matter expertise for the characterization of future operational environment and the implications of U.S. and adversary technology advances relative to the operational environment. Additionally, the incumbent is providing special studies support services, which include the design, planning, execution, and post-hoc analysis in support of Joint Warfighting Concepts, the National Defense Strategy, the National Defense Science & Technology (S&T) Priorities, defense technology modernization efforts, and similar DoD-dictated guidance or directives to inform S&T portfolio decisions, prototype development, testing, experimentation, or acquisition activities. The PWS identifies greater details into the following specific tasks areas:

(a) Comparative Analysis

(b) Future Operating Environment Assessment

(c) General Analytic Support

(d) Special Studies Support

Performance Periods Performance Period Dates Amount

Six-month option extension February 1, 2024 – July 31, 2024 $4,743,580.98 6 month extension IAW 52.217-8 August 1, 2024 – January 31, 2025 $4,837,980.96

TOTAL $9,581,561.94

The special studies support identified in the PWS typically take six- to 12-months to complete and a contract extension that is shorter than six-months would limit the incumbent’s ability to complete ongoing and new studies in support of OSI&A’s mission needs.

4. AUTHORITY CITED: This action is authorized under provisions of 10 U.S.C. 2304(c)(1) as implemented by

Federal Acquisition Regulation (FAR) 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements.

5. REASON FOR AUTHORITY CITED: This extension is essential to support the continued execution of

OSI&A’s mission requirements and directives as identified by the Under Secretary of Defense for Research and Engineering (USD(R&E)). The USD(R&E) serves as the primary advisor to DoD leadership on all matters pertaining to the Department’s R&E enterprise, technology development and transition, developmental prototyping, experimentation, and administration of testing ranges and activities. USD(R&E) has the lead responsibility within the Department for synchronizing S&T efforts across the DoD, the Joint Staff and the Services. As the DoD’s Chief Technology Officer (CTO), the USD(R&E) is tasked with the imperative mission of ensuring continuous advancement of technology and innovation within the DoD enterprise. As the CTO, the USD(R&E) advises the Secretary of Defense on all matters related to research, engineering, manufacturing, developmental test and evaluation, and technology development, innovation, and protection activities and programs in the DoD and occurring internationally. OSI&A infuses technical and operational assessments with intelligence- and threat-informed analysis in support of DoD technology investment and acquisition decisions to achieve technical overmatch. OSI&A employs cross-cutting technology forecasting and net technical assessment methodologies to characterize tomorrow’s technology landscape. As a result, OSI&A requires continuity of the highly specialized support services currently being provided through this contract to achieve its mission.

Due to a delay in the WHS/AD’s ability to maintain the final acquisition strategy for the recompete requirement, the contracting officer determined there was not sufficient time to execute the competitive requirement prior to contract expiration on January 31, 2024. The final acquisition strategy identified the Government’s intent to recompete this requirement through the Analytic and Technical Support Services (ATSS) Indefinite-Delivery, Indefinite-Quantity (IDIQ) multiple award contracts (MAC), awarded by WHS/AD on September 29, 2023.

This contract extension will provide the Government substantial benefits as it ensures support to OSI&A’s mission is maintained. FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements applies to this extension because at this time, the incumbent is uniquely qualified to maintain the continuity of the support services for OSI&A, as it is currently providing the services, with the individual and specific knowledge of the specialized services, the personnel, access, and proper security clearances in place, and also has the capability to support this contract with no interruption or schedule impact. While these services are commercial in nature and could be provided by other vendors, no other vendor would be able to start this service in the short timeframe due to the facility and personnel security clearance approvals required. Because of the highly specialized nature of the services and current defense environment a gap in services could result in unacceptable delays in fulfilling the OSI&A’s requirements and could be a severe detriment to its mission.

Specifically, several lines of effort to support the OSI&A directives are consecutively running and a work stoppage would result in mission failure that would disable intelligence-and-threat-informed decision advantage for the DoD as any ongoing studies would immediately stop prematurely and resulting reports would not get completed. Moreover, this extension will mitigate the risks of losing program continuity, and experienced and trained contractor support personnel during a time of historic labor market shortages and reducing the impacts to mission failure.

Additionally, the reason for citing FAR 6.302-1 as the authority to extend this contract is that the timeframe between the current contract end date and the time it would WHS/AD to solicit and award the recompete requirement is truncated and would cause severe damages to the Government resulting in a number of insufficiencies. These insufficiencies could potentially result in inadequate source selection, unsound pricing and technical approach for a new contractor to be brought-up to speed from an operational standpoint. At this time, the incumbent is the only contractor who could possibly maintain continuity and resources who are infused into operations with OSI&A in support of this requirement without any significant ramp up time. The negative impacts would further result in the duplication of costs such as, but not limited to, additional labor hours, premium pricing, additional costs associated for onboarding, badging and personnel becoming vetted through the security process, which would not be recovered through competition. Allowing a break in service to solicit and award the recompete requirement instead of extending this contract, would take, at a minimum, six- to 12-months plus the time it would take to transition-in a new contractor, which is not feasible for this requirement, or the Department’s mission.

Furthermore, OSI&A does not have qualified government personnel to perform the required workload without disruption of services. This action is the final interim resolution to the technical and operational risks to OSI&A to maintain operational readiness. This contract extension is in the best interest of all stakeholders involved, and provides the necessary time for WHS/AD to appropriately compete this requirement for OSI&A.

6. EFFORTS TO OBTAIN COMPETITION: WHS/AD will competitively solicit and award the recompete requirement using the WHS/AD ATSS IDIQ MAC by the end of the 3rd quarter of FY24. The schedule is as follows: Draft PWS / IGCE Package: [received] December 2023; Solicitation Issued: March 1, 2024; Proposals Due: April 1, 2024; Estimated Award: June 30, 2024; with a full performance start date of July 1, 2024, which is inclusive of a one-month transition.

7. FAIR AND REASONABLE COST DETERMINATION: The contracting officer will make a determination of fair and reasonable pricing, using the procedures in FAR 15.404-1- Proposal Analysis Techniques; specifically, FAR 15.404-1(b) (2) (ii) “Comparison of proposed prices to historical prices paid.” Since this requirement will be an extension to the current vendor, historical prices paid from the current contract will be utilized to determine fair and reasonable pricing. Certified Cost and Pricing Data was not obtained and is not required for commercial items per FAR 15.403-1(b)(3) “When a commercial product or commercial service is being acquired.” The services being acquired under existing contract HQ003423C0031 were determined to be commercial at the time of award.

8. MARKET RESEARCH: WHS/AD will extend the current contract, HQ003423C0031, with the incumbent

(Systems Planning and Analysis, Inc., 2001 N Beauregard Street, Suite 100, Alexandria, Virginia 22311-1724, Unique Entity ID TRE8LWVNNXL3 and CAGE Code: 7L563, Expiration Date September 22, 2024), to maintain continuity of uninterrupted support services. The extension will be issued as the most logical and cost-effective strategy and solution to the Government, which will avoid duplicative costs and unacceptable delays in fulfilling the agency’s requirement and a potential gap in performance of critical services while a competitive recompete is completed. A Request for Information (RFI) was submitted as part of the re-compete market research and 7 vendors responded to the RFI. The ATSS MAC has a pool of vendors that this requirement will be competed amongst.

9. OTHER FACTS:

WHS/AD intends to award the competitive recompete requirement prior to the first six-month extension expiring;

the additional six-month option to extend services in accordance with FAR clause 52.217-8 will still be included to provide the ability to maintain continuity of services in the event of unforeseen circumstances that may arise.

10. INTERESTED SOURCES: To date, no other sources have expressed an interest in writing. A Request for

Information (RFI) was submitted as part of the re-compete market research for awarding a task order under the ATSS IDIQ MACC and 7 vendors responded to the RFI.

11. ACTIONS TO INCREASE COMPETITION: WHS/AD intends to solicit and award the recompete requirement using the WHS/AD ATSS IDIQ MAC by the end of the 3rd quarter of FY24.

12. IS THIS ACQUISITION FOR A NON-COMPETITIVE FOLLOW-ON ACQUISITION PREVIOUSLY

AWARDED ON A NON-COMPETITIVE BASIS: The actions to remove any barriers to competition cited on the previous justification were not completed due to a revision to the acquisition strategy, changing from competing this requirement through the U.S. General Services Administration (GSA) One Acquisition Solution for Integrated Services (OASIS) IDIQ MAC, to competing it through the WHS/AD ATSS IDIQ MAC, which caused a delay in the acquisition timelines. As soon as WHS/AD solicits the recompete requirement, those actions will be completed.

☒ Yes. A copy of the previous justification is attached. The actions to remove any barriers to competition cited on the previous justification ☐ were ☒ were not completed

☐ No. The original acquisition was conducted on a competitive basis.

☐ Not Applicable. This is a new requirement.

CERTIFICATION

I, hereby, certify that the supporting data under my cognizance included in this justification are accurate and complete to the best of my knowledge and belief.

Carrie M. Quinn, Contracting Officer’s Representative Date

Peter M. Polizzi, Contracting Officer Date

REVIEW

Based on the foregoing, I reviewed this justification and recommend for approval.

Ashley D. Maddox, Enterprise Research and Engineering Division Director Date

CONCURRENCE

Based on the foregoing, I hereby concur with this justification and recommend for approval.

David H. Kao, Competition Advocate

Date

APPROVAL

This justification is, approved.

David D. Sanders, Director, Acquisition Directorate Date