FA4600-08-D-9004-0029_FOE_REDACT.pdf

FAIR OPPORTUNITY EXCEPTION JUSTIFICATION

I. Contracting Activity

Department of the Air Force, Air Combat Command, 55th Contracting Squadron, Offutt AFB, NE is the contracting organization responsible for the Fair Opportunity Exception as prescribed under FAR 16.505(b)(2). The purchase request number for the extension modification is

. The Contracting Officer (CO) is TSgt Joshua D. Malyemezian, DSN 272-

0362.

II. Nature and/or Description of the Action Being Approved

The Task order modification will extend the period of performance for one month IAW FAR

52.217-8, Option to Extend Services. . The extension clause (FAR 52.217-8) was not separately priced or separately evaluated in the initial evaluation. IAW SAF/AQC Policy Memo dated 20

Aug 2013, contracting officers must either evaluate the FAR 52.217-8 option price(s) during the initial contract award process or must write a justification to support exercise of the option. This exception will be a modification issued to task order FA4600-08-D-9004-0029 Support for

Intelligence, Surveillance, and Reconnaissance (ISR) Common Operating Picture (COP) and ISR

Information Technology (IT) tools which is under the USSTRATCOM Systems and Mission

Support (USAMS) program. The USAMS II contract utilizes six (6) Indefinite

Delivery/Indefinite Quantity (ID/IQ) Multiple Award Contracts (MAC) IAW FAR 16.505, Ordering. The MAC/IDIQ was competitively awarded in accordance with Federal Acquisition

Regulation (FAR) 15.3, Department of Defense Federal Acquisition Regulation Supplement

(DFARS) 215.3, Air Force Federal Acquisition Regulation Supplement (AFFARS) 5315.101-

1(a), Mandatory Procedure (MP) 5315.305, and the Information Guide 5315.101-1, Performance

Price Tradeoff (PPT) on 25 Jul 2008 for a five year period. This task order utilizes firm fixed price level of effort and cost reimbursable CLINS.

III. Description of the Supplies/Services Required To Meet the Agency’s Needs

The contractor shall support planning, integration, and coordinating Global ISR mission areas currently under JFCC-ISR, including assistance with JFCC-ISR strategic, global operations and coordinating DOD ISR capabilities and employment processes. The Global ISR operations include manned and unmanned airborne, space-based, maritime surface and subsurface, and terrestrial sensors and systems utilizing state of the art web enabled information technology (IT) programs, systems, and capabilities. JFCC-ISR requires Advisory and Assistance Services

(A&AS) to support a broad range of technical, engineering, operational, sustainment and management functions pertaining to Global ISR responsibilities. The contractor shall provide the following A&AS support:

Software Enhancement and Integration;

Quality Assurance;

ISR System Integration, Knowledge Management, and Technical Support;

COP General Integration, Engineering, and Operations Support;

ISR Decision Support Program (IDSP) General Integration, Engineering, and Operations

Support;

IDSP, System Integration, Knowledge Management, and Technical Support;

Scientific and Technical (S&T) ISR programs SME; and

JFCC-ISR Watch Ops Center (Watch Floor) and Trainer Support.

The estimated value of this modification is with a period of performance of 1 July

2014 through 31 July 2014 which is within the price ceiling and period of performance allowed under USAMS II. The USAMS contract supports all missions and requirements of

USSTRATCOM. In addition, support is required for subordinate and supporting agencies, component commands, and supported agencies. These efforts include Joint Functional

Component Commands (JFCCs): Global Strike and Integration (GSI); Integrated Missile

Defense (IMD); Intelligence, Surveillance and Reconnaissance (ISR); Network Warfare (NW) and Space. Also included are the following Functional Components: Joint Information

Operations Warfare Command (JIOWC), Joint Task Force-Global Network Operations (JTF-

GNO), and the USSTRATCOM Center for Combating Weapons of Mass Destruction (SCC-

WMD) and other Task Forces, the Integrated Tactical Warning/Attack Assessment (ITW/AA), and Information Operations (IO).

IV. Authority Permitting a Fair Opportunity Exception

FAR 16.505(b)(1)(i) requires the Contracting Officer provide each awardee under a MAC, a fair opportunity to be considered for each order exceeding $3,000 unless a statutory exception applies. The specific exception that precludes the fair opportunity process for this acquisition is

41 U.S.C. § 4106(c)(3) - FAR 16.505(b)(2)(i)(C).

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

Requires the Use of the Authority Cited Above to Provide the Required Supply/Service

(Applicability of Authority)

FAR 16.505(b)(2)(i)(C), The order modification must be issued on a sole-source basis in the interest of economy and efficiency as 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. Task order FA4600-08-D-9004-0029, request for proposal, was provided to all

USAMS II MAC/IDIQ holders IAW FAR 16.504(c). proposals were received in response to the request for proposal. The task order was awarded to SAIC for , with a period of performance of 1 January 2010 through 30 June 2010 with four one-year option periods. This action will extend the period of performance from 1 July 2014 to 31 July 2014.

The follow on for this task order will be competed USAMS II contract. The award of the follow on task order has faced several unforeseen setbacks, to include one vital evaluator on the source selection team being replaced due to an ethical conflict of interest discovered during the source selection training. Due to the highly technical nature of this evaluator’s portion of the source selection replacing him caused unexpected delays. Finally, re-coordinating schedules between other source selection members caused an even greater delay in conducting the source selection.

VI. Description of Efforts Made To Ensure Competition Between All Awardees

In accordance with FAR 16.505(a)(1) orders under indefinite-delivery order contracts do not have to be synopsized and therefore will not be synopsized for this action. However, upon completion of the modification this justification will be post to the Government Point of Entry.

Paragraph V, above, justifies why competition among all awardees is not possible for this acquisition. The request for proposals was sent to all (6) MAC/IDIQ contractors upon initial award and two proposals were received. The contractors on the USAMS II contract were aware of the 6 month extension as the clause was included in the initial TOPR. Additionally, the follow on task order will be competitively awarded under USAMS II.

VII. Determination by the Contracting Officer That The Anticipated Cost to the

Government Will Be Fair and Reasonable

SAIC proposed rates and labor categories from their MAC/IDIQ contract Section J, Attachment

3, Pricing Rate Schedule on task order FA4600-08-D-9004-0029. All proposed labor rates were compared to the USAMS II MAC/IDIQ to validate pricing was lower or equal to current published rates. SAIC’s proposed labor price was approximately lower than the independent Government’s cost estimate (IGCE). The modification to extend the Task Order by one month will be IAW FAR 52.217-8 Option to Extend Services, this extension will utilize option year 2014 rates, currently being used and previously determined fair and reasonable. This justification includes the facts and rationale to support both the fair opportunity justification

IAW FAR 16.505(b)(2)(i)(C) and 16.505(b)(2)(ii)(B) and the facts and rationale to support a

FAR Part 6 justification as required by the SAF/AQC memo dated 20 Aug 2013.

VIII. Description of Market Research Conducted Among All Awardees and the Results Or

A Statement of the Reason Market Research Was Not Conducted

Market research indicates no significant economic or price changes in the past 12 months. The

Bureau of Labor Statistics Consumer Price Index (CPI) for the Midwest Urban Region demonstrates an overall increase to the cost of goods and services for the past year. The total annual average consumer price for June 2012 to June 2013 increased an average rate of one percent (1.6%). Such increase indicates an economic uptick and signifies there should be no significant economic changes in the near future.

IX. Other Facts Supporting the Justification

None.

X. List of Any Awardee That Expressed Interest in the Acquisition

None.

XI. Actions the Agency May Take to Remove or Overcome Any Barriers To Increasing

Fair Opportunity Before Any Subsequent Acquisition For the Supplies or Services

A competitive source selection was conducted for task order FA4600-08-D-9004-0029.

Adequate competition was achieved and SAIC’s prices were determined fair and reasonable and their proposals were deemed technically acceptable. The follow on will be issued by

STRATCOM on USAMS II contract and will use a competitive source selection process.

XII. Contracting Officer’s Certification

The contracting officer’s signature on the signature page evidences that he/she has determined this document to be both accurate and complete to the best of his/her knowledge and belief.

XIII. Technical/Requirements Personnel’s Certification

As evidenced by their signatures on the signature page, the technical and/or requirements personnel have certified that any supporting data contained herein which is their responsibility is both accurate and complete.