20201006 H7 FOE Redacted.pdf

(CUI//SP-OPSEC)

(CUI//SP-OPSEC)

CONTROLLED UNCLASSIFIED INFORMATION

Fair Opportunity Exception (FOE) (For use when limiting sources IAW 16.505(b)(2))

Project/Program Name: Mid-Endurance Unmanned Aircraft System (MEUAS Ill), Intelligence, Surveillance and Reconnaissance (ISR) Services, HURRICANE 7 Component/PEO/Other: PEO-SR Estimated Contract Cost (including options): $46,528,357.00 FOE Basic Value: $19,631,843.00

1. Agency and Contracting Activity: (FAR 8.405-6(c)(2)(i), FAR

16.505 b 2 ii B 1

Agency: Contracting Activity:

FOE

J&A No.

20 - 1947

US Special Operations Command (USSOCOM) Special Operations Forces

HQ USSOCOM/SOF AT&L-KF

7701 Tampa Point Blvd

Acquisition, Technology, and MacDill AFB, Florida 33621-5323 Logistics (SOF A T&L)

2. Description of Action: (FAR 8.405-6(c)(2)(ii), FAR 16.505(b)(2)(ii)(B)(3)) �he MEUAS program office has established a requirement for airborne ISR -alllllat a site known as Hurricane 7. This requirement is de en dent upon a um ue and hi hi s ecialized combination of technical re uirement

(cuv,sP.PRocuREJ (U) This is a sole source task order under the multiple award MEUAS Ill contract.

O&M funds are available for use. The estimated value of the base period is -$19.6M;

the estimated value of the total task order is -$46.5M.

Controlled by: USSOCOM, PEO-SR, Capt Kyle O'Brien CUI Category: General Procurement/Acquisition, OP SEC and Controlled Technical lnfonnation Dissemination Control: Limited Dissemination Control POC: kyle.e.o'brien.mil@socom.mil, 813�26-3061

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CONTROLLED UNCLASSIFIED INFORMATON- FOE J&A No. 20-1947

(CUU/SP.CTI)

(CUU/SP-CTI)

CONTROLLED UNCLASSIFIED INFORMATION

3. Description of Supplies/Services: (FAR 8.405-6(c)(2)(iii), FAR

16.505 b 2 ii B 2

(U) The requirements for this site are below:

ccu111sP-PRocuR (CUI} IGCE: The IGCE of$ 46,710,718.47 is based on the following. Pre Deployment, ISR, and Post Deployment are based on maximum ceiling prices for each CUN in the base contract. Whether meals on site are going to be required is unknown as this is a new site and there has not been a Pre-Deployment site survey done yet. The estimate for Travel (meals) is based on averaged MEUAS Ill historical data. Integration is also based on historical data of previous task orders with acceptance testing only required. In accordance with Attachment 5 of the base contract, the contractor can offer discounts from the base CUN price but cannot exceed the CUN base price.

(CUU/SP-CTI)

CLIN BASE OPTION YR 1 OPTION YR2

Travel Post De

(TABLE IS CUI//SPI.PROCURE)

4. Authority Cited Permitting a Fair Opportunity Exception and Rationale: (FAR 8.405-6 c 2 iv FAR 16.505 b 2 ii B 4

� FAR 16.505(b)(2)(i)(B), "Only one awardee is capable of providing the services required at the level of quality required because the services ordered are unique and highly specialized".

There are two reasons why this task order must be awarded to Arcturus.

(U) 1. Arcturus-UAV's JUMP20 holders due

August 2015 2 CONTROLLED UNCLASSIFIED INFORMATION--- FOE J&A No. 20-1947

Controlled by: USSOCOM, PEO.SR, Capt Kyle O'Brien CUI Category: General Procurement/Acquisition, OPSEC and Controlled Technical lnfonnation Dissemination Control: Limited Dissemination Control POC: kyle.e.o'brien.mil@socom.mil, 813-826-3061

(CUI/ISP-CTI)

(CUI/ISP-CTI)

CONTROLLED UNCLASSIFIED INFORMATION

(U) Consequently, Arcturus is the only contract holder who can meet these highly specialized technical requirements.

Arcturus

(TABLE IS CUii/SP-CTI, CUI/ISP-PROCURE)

5. Efforts/Actions to Increase Competition: (FAR 8.405-6(c)(2)(viii), FAR

16.505 b 2 ii B 7

(U) In accordance with FAR 16.505(a)(1) orders under indefinite-delivery contracts do not have to be synopsized. Paragraph 4, above, justifies why competition among all awardees is not possible for this acquisition.

(U) This requirement does not meet the definition of "Unusual and Compelling Urgency"; however, the political climate in this AOR dictates a streamlined path to award. While MEUAS IV is a viable contract vehicle, MEUAS Ill already has pricing established and, in this instance, provides a faster path to award. However, if significant requirements changes occur, the Contracting Officer and Program Management office have agreed to revisit the option of competing a revised requirement under MEUAS IV.

6. Market Research: (FAR 8.405-6(c)(2)(vi))

August2015 etition culminated with awards to three offerers:

, Arcturus UAV, Inc. and - Each

CONTROLLED UNCLASSIFIED INFORMATION--- FOE J&A No. 20-1947 Controlled by: USSOCOM, PEO-SR, Capt Kyte O'Brien CUI Category: General Procurement/Acquisition, OPSEC and Controlled Technical Information Dissemination Control: Limited Dissemination Control POC: kyle.e.o'brien.mil@socom.mil, 813-826-3061

{CUV/SP-PROCURE

CONTROLLED UNCLASSIFIED INFORMATION

offerer's proposal was found to be awardable based on a best value trade-off of Technical, Past Performance, and Price factors.

7. Interested Sources:

Other Facts Supporting the Justification: (FAR 8.405-6(c)(2)(vii), FAR

16.505 b 2 ii B 6

None

Controlled by: USSOCOM. PEO-SR. Capt Kyle O'Brien CUI Category: General ProcuremenVAcquisition, OPSEC and Controlled Technical lnfonnation Dissemination Control: Limited Dissemination Control POC kyle.e.o'brien.mil@socom.mil. 813�26-3061

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CONTROLLED UNCLASSIFIED INFORMATION--- FOE J&A No. 20-1947

9. Technical and Requirements Certification: (FAR 8.405-6(c)(2)(x), FAR

16.505 b 2 ii B 9

I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief:

NAME: TITLE:

SIGNATURE: DATE:-------

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10. Fair and Reasonable Cost Determination: (FAR 16.505(b)(2)(ii)(B)(5), DFARS 216.505-70 d 3

I hereby determine that the anticipated cost or price to the Government for this contract action to be fair and reasonable. The basis of this decision will be based upon cost and price analysis.

CONTRACTING OFFICER SIGNATURE IN SECTION 11 BELOW ALSO SERVES AS

THE PRICE FAIR AND REASONABLENESS DETERMINATION IN THIS SECTION.

11. Contracting Officer Certification: (FAR 8.405-6(c)(2)(ix), FAR 16.505(b )(2)(ii)(B )(8))

I hereby certify that this J&A is complete and accurate to the best of my knowledge and belief.

NAME: Mrs. Jennifer A. Metty TITLE: Contracting Officer

SIGNATURE: DATE:

12. Legal: (SOFARS 5601-1)

I have reviewed this document and find the J&A legally sufficient to support other than full and open competition:

NAME: TITLE: Attorney-Advisor

SIGNATURE: DATE:

13. Agency Advocate for Competition (AAC): (FAR 16.505(b)(2)(ii)(B)(10), SOFARS 5601-1

I have reviewed this document and find the J&A adequate to support other than full and open competition:

NAME:

SIGNATURE:

August2015

TITLE: Deputy Director of Procurement

DATE:

14. Approval: (HCA Over $13.5M to $93M [8J or SPE Over $93M 0) FAR 16.505 b 2 ii C, SOFARS 5601-1

Based upon the foregoing justification, I hereby approve the procurement of ISR Services at Hurricane 7 in the estimated amount of $46,528,357.00. The requirement will be released under solicitation MEUAS Ill TORFP0018 on an other than full and open competition basis. The action(s) pursuant to this J&A are subject to the availability of funds and the completion of all required statutory and regulatory reviews and approvals.

NAME: TITLE: Director of Procurement

SIGNATURE: DATE:-------

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