Sole_Source_JA_18052_19C006.pdf

J&A No. 18,052

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Strategic Systems Programs (SSP), located at the Washington Navy Yard, 1250 10th

Street SE, Washington, D.C. 20374.

2. Description of the Action Being Approved.

The use of other than full and open competition to procure subject matter expertise regarding Open Skies (OS) post-flight assessments (PFA) products and imagery effectiveness. The proposed action is to negotiate and award a sole-source contract with JMark Services Inc. of 8415 Explorer Drive Ste. 110, Colorado Springs, CO, 80920-1034.

3. Description of Supplies/Services.

Per SECNAVINST 5710.26, SSP and Director of the Naval Treaty Implementation Program (NTIP) ensures that OS PFA products are generated following each OS overflight of the United States (U.S.). These products evaluate imagery of Department of the Navy (DON) activities to determine the effectiveness of precautionary measures and provide feedback to activities where a concern may exist. The OS overflights of the U.S. are typically conducted by the Russian Federation.

SSP requires imagery analysis support for approximately seven (7) to ten (10) overflights per calendar year. This acquisition will provide support to NTIP at the Open Skies Media Processing Facility (OSMPF) at Wright Patterson AFB, Dayton Ohio. The contract will provide support for the following tasks: obtain imagery from the OSMPF, complete imagery requests for facilities, produce mission reports, provide imagery for training briefs, and provide support to Navy Reserve Unit ONI-1992.

The contract is expected to be negotiated on a Cost-Plus-Fixed-Fee (CPFF) (term) basis and include one (1) – twelve (12) month base and four (4) – twelve (12) month options. The period of performance of this required support, inclusive of all options, is anticipated to be 1 October 2018 to 30 September 2023. The total value, inclusive of all options, is anticipated to be $2,081,000 and funded as follows:

IN REPLY REFER TO:

DEPARTMENT OF THE NAVY

DIRECTOR STRATEGIC SYSTEMS PROGRAMS

1250 10TH STREET SE, SUITE 3600

WASHINGTON NAVY YARD, DC 20374-5127

Estimated Dollar Value ($=K)

FY19 FY20 FY21 FY22 FY23 TOTAL

O&MN $400 $408 $416 $424 $433 $2,081

4. Statutory Authority Permitting Other Than Full and Open Competition.

The statutory authority permitting use of other than full and open competition is 10 U. S. C., Section 2304(c)(5) as implemented by the Federal Acquisition Regulation (FAR) 6.302-5(b)(7), Authorized or Required by Statute, Sole Source Awards under the Women Owned Small Business (WOSB) Program-15 U.S.C. § 637(m), and FAR 19.1506(a).

5. Rationale Justifying Use of Cited Statutory Authority.

In accordance with FAR Section l9.l506(a), the contracting officer shall consider a contract award to a EDWOSB concern on a sole source basis (see 6.302-5(b)(7)) before considering small business set-asides (see 19.203 and subpart 19.5) provided none of the exclusions at FAR Section 19.1504 apply and the conditions listed in FAR Section 19.l506(a) are met. None of the exclusions listed at FAR Section 19.1504 apply to this action.

Consequently, this procurement meets the conditions listed in FAR Section 19.1506(a) and (c), since it is assigned a NAICS code in which Small Business Administration (SBA) has determined that EDWOSB concerns are substantially underrepresented in Federal procurement (541690 – Other Scientific and Technical Consulting Services), the contracting officer does not have a reasonable expectation that responsive offers would be received from two or more EDWOSB concerns, based on the market research and capability statements obtained, and the effort is estimated to be below $4 million.

As denoted further below, market research indicates that JMark is an EDWOSB concern that is both responsible and able to perform the scope of the subject effort. SSP received five responses to a Sources Sought Notice (SSN). The NTIP technical authority reviewed these responses and capability statements in response to the provided draft Performance Work Statement (PWS) and determined that only two respondents possessed the capability to perform the imagery work necessary to meet the requirements. Of the two WOSB respondents, JMark, is the only EDWOSB concern.

6. Description of Effort Made to Solicit Offers from as Many Offerors as Practicable.

SSP's progress in fulfilling its EDWOSB socio-economic goals has historically been a challenge.

Therefore, SSP conducted market research to determine if there were qualifying WOSBs (including EDWOSBs) with the capability to perform Open Skies post-flight assessment products and imagery effectiveness. The market research included efforts to identify sources capable of providing the following imagery support services: obtaining imagery from the OSMPF, imagery requests for facilities, mission reports, imagery requests for training briefs, support to Navy Reserve Unit ONI-1992, additional imagery work, and imagery training.

As required by the Defense Federal Acquisition Regulation Supplement (DFARS) Procedures, Guidance, and Information (PGI 206.302-1), a SSN was posted to the Government-wide Point of

Entry (FedBizOpps.gov) from March 21, 2018 through April 4, 2018 in an effort to seek available WOSB sources. The SSN sought to identify businesses capable of performing imagery support services. SSP received five responses to the referenced SSN from WOSBs. After review of the responses, the NTIP technical authority determined that only two capability packages and vendors possessed the required skills and addressed all SSP requirements provided.

Of the two WOSB respondents, JMark is the only EDWOSB concern. A synopsis of the proposed contract action was posted on June 11, 2018 through June 26, 2018, to which SSP received no additional responses.

7. Determination of Fair and Reasonable Cost.

The contracting officer has determined the anticipated cost to the Government of the supplies/services covered by this J&A will be fair and reasonable.

8. Actions to Remove Barriers to Future Competition.

Based upon the aforementioned facts and details identified in paragraphs 5 and 6, the Government does not foresee a feasible alternative to the selected source. If another potential source emerges, SSP will assess whether competition for future requirements is feasible.