J A04D05090002.doc

J&A NUMBER 21-11

J&A No. 21-11

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

Upon the basis of the following justification, I hereby approve the issuance of the contractual action described below:

JUSTIFICATION

1. Identification of Agency and Contracting Activity.

Office of Naval Research

2. Nature/Description of Action.

The Office of Naval Research intends to execute a sole source Cost Plus Fixed Fee modification to task order N00014-04-D-0509/0002 with EDO Professional Services.

3. Description of Supplies/Services.

The contractor shall provide Research and Development and Program Support for DTAP, Joint Warfare Science and Technology Plans, and Defense Technology Objectives, and the Naval Mine Countermeasures (MCM) Plan. In addition, the contractor will perform database services for tracking and documentation of the Mine Warfare S&T program, BAAs – S&T Investment Planning, and funding snapshots across the FYDP.

The Period of Performance will be extended from 19-June-11 for three months with three (3) one month Options until the N00024-11-R-3239 Seaport solicitation is awarded. The total estimated value for this follow-on for additional services is $146,102.00. This action is taken as a stop gap measure until a new award is made.

4. Identification of Statutory Authority. The statutory authority permitting other than full and open competition is:

Title 10 U.S.C. 2304(c) (1), Only one responsible source, as implemented by the Federal Acquisition Regulation (FAR) 6.302-1 -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. Demonstration of Contractor’s Unique Qualification.

EDO provides knowledge and expertise that is not available in the short term pending the anticipated award of a competitive new contract award, which is anticipated on/or about 19 December 2011. The potential impact of not executing this modification to the current task order will be delays and the inability to execute current R&D programs mentioned in paragraph 3 above.

6. Description of Efforts to Ensure Other Potential Sources Were Sought.

Special Notice 11-SN-0016 was posted on 04-JUNE-11on FedBizOpps and any and all responsible sources had an opportunity to submit a quotation and technical capabilities for consideration. No responses were received.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer will determine the cost fair and reasonable based on cost and price analysis.

8. Description of Market Research. A review of contractors holding Contracts under SeaPort-E multiple award task order contract was conducted for the pending solicitation, however, a market survey was not conducted for the contemplated modification based on the rationale in paragraph 6 above.

9. Any Other Supporting Facts. N/A

10. Listing of Interested Sources.

None

11. Actions Taken to Remove Barriers to Competition.

Special Notice 11-SN-0016 was posted on 04-JUNE-2011 on FedBizzOpps which any and all responsible sources had an opportunity to submit a quotation and technical capabilities for consideration. No proposals were received. A follow-on solicitation, N00024-11-R-3239 has been issued through Seaport E.

12. Statement of Delivery Requirements.

EDO Services provides a broad spectrum of technical reports including briefings, documentation and analysis.

13. Reference to the Approved Acquisition Plan (AP) or Equivalent Documentation.

Not Applicable: The estimated value of this action does not meet the threshold for an Acquisition Plan.

14. Explanation of all actions attempted to make the immediate acquisition competitive and the cost /benefit analysis reflecting costs associated with obtaining competition and anticipated benefits.

The modification covers the period of time believed to be required for award of a follow-on competitive contract, using optional periods for potential delays rather than an extended based period.

TECHNICAL AND REQUIREMENTS CERTIFICATION REQUIRED BY FAR 6.303‑2(b)

I certify that the facts and representations under my cognizance which are included in this justification and which form a basis for this justification are complete and accurate.

Requirements Cognizance: (Program Officer/Contracting Officer's Technical Representative)

Name and Title

Code

Phone

Date

Requirements Cognizance: (Division Director or equivalent)

Name and Title

Code

Phone

Date

CONTRACTING OFFICER CERTIFICATION REQUIRED BY FAR 6.303-2(a)(12)

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Name and Title

Code

Phone

Date

REVIEW BY COUNSEL (NMCARS 5206.303‑90)

Name

Date

APPROVAL BLOCK REQUIRED BY FAR 6.304 (see FAR 6.304 and DFARS 206.304 for Approving Official):

APPROVED:

Name and Title:

(Signature)

Executive Director for

Acquisition Management

Date

CONTRACT NUMBER N00014-04-D-0509/0002

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CONTRACT NUMBER N00014- 04-D-0509/0002