J-A 23 - 3673 Redacted.pdf

CUI

United States Special Operations Command (USSOCOM)

Justification and Approval (J&A)

For Targeted Requirement Execution

(T-REX)

28 June 2023

Controlled by: HQ USSOCOM, SOF AT&L PEO-TIS CUI Categories: BUDG, OPSEC, CTI Distribution/Dissemination Control: FEDCON POC: johnny.duaqui.civ@socom.mil

Justification for Other Than Full and Open Competition (J&A)

Authority: (10 U.S.C. 3204, as implemented by FAR 6.302) Project/Program Name: Targeted Requirement Execution (T-REX) Multiple Award Contract (MAC) Component/PEO: Program Executive Office, Tactical Information Systems (Primary) Estimated Contract Cost (including options): $941M J&A Basic Value: $161M

Type J&A: (Individual or Class )

J&A No.

23 - 3673 Generated when entered in log (J&A Log - New Item

(sharepoint-mil.us))

1. Agency and Contracting Activity: (FAR 6.303-2(b)(1))

United States Special Operations Command (USSOCOM), Special Operations Forces Acquisition, Technology, and Logistics (SOF AT&L), Directorate of Procurement, ATTN: SOF AT&L-KI, 7701 Tampa Point Blvd, MacDill AFB, FL 33621-5323

2. Description of Action: (FAR 6.303-2(b)(2)) Bridge Action (Yes or No )

Approval of this justification will authorize the incorporation, via contract modifications, of an additional $161M in MAC ceiling for a new maximum MAC ceiling of $941M, under current Indefinite Delivery, Indefinite Quantity (IDIQ) contract(s), H92222-21-D- 0001, H92222-21-D-0002, and H92222-21-D-0003. The current T-REX contracts were competitively awarded with a contract maximum ceiling value of $780,000,000.00 inclusive of a 5-year ordering period. There will be no other changes to the TREX MAC apart from the increase in MAC ceiling. The $161M increased ceiling is required to support a currently estimated $161M Remote, Advise, and Assist - Virtual Accompany Kit (RAA-VAK) requirement that was unknown/unplanned at the time of original award.

The RAA-VAK requirement will be acquired via a competitively awarded task order off the T-REX MAC.

3. Description of Supplies/Services: (FAR 6.303-2(b)(3)) The scope of the T-REX MAC includes three prime Systems Integrators/Coordinators that compete to provide Intelligence, Surveillance, and Reconnaissance (ISR) related equipment solutions and related incidental development and/or other services to the Government in three main categories; (1) Hardware and Modifications, (2) Specialized Communication Solutions and Networks, and (3) Signal Processing Capabilities. PEO- TIS is the primary PEO for the T-REX MAC; however, other PEO’s within USSOCOM and other USSOCOM entities may utilize the contract vehicle.

(CUI) The RAA-VAK Program is included within the PEO-TIS portfolio and utilizes the T-REX MAC as its acquisition vehicle for purchasing new equipment. The estimated value of the RAA-VAK TREX task order is $161M. The value accounts for all equipment to support the effort, integration, and 12 months of licensing. There is currently not a requirement for any sustainment past 12 months.

4. Authority Cited: (FAR 6.303-2(b)(4))

10 U.S.C. 3204(a)(2), Unusual and Compelling Urgency, as implemented by FAR 6.302-2

5. Reason for Authority Cited: (FAR 6.303-2(b)(5))

6. Efforts/Actions to Increase Competition: (FAR 6.303-2(b)(6) & (11))

A pre-solicitation notice was not publicized as required by FAR 5.2. The exception under FAR 5.202(a)(2) does not require a pre-solicitation notice if the proposed contract action is made under the conditions of 6.302-2 Unusual and compelling urgency.

Additionally, the requirement will be a task order under subpart 16.5 with brand-name specifications. T-REX is a multiple award IDIQ for brand name equipment that must be sourced directly for the OEM. The task orders are sent out to the three T-REX prime contractors that are required to bid on every task order. This will allow for maximum competition among the small business vendors that understand the RAA-VAK program.

The T-REX contract is projected to be recompeted in October 2025 in accordance with all the Competition and Contracting Act (CICA) competition requirements.

7. Market Research: (FAR 6.303-2(b)(8)).

Due to the Unusual and Compelling Urgency, a sources sought was not posted to Sam.gov. However, Solicitation number H92401-20-R-0001, which resulted in the award of the T-REX MAC, included extensive market research, Industry Days, and Draft RFPs.

The current contracts (H92401-21-D-0001- to 21-D-0003) were awarded to three small business prime Systems Integrators/Coordinators that compete on each task order.

Market research determined that each T-REX vendor can handle the increase in capacity.

Moreover, PEO-TIS continually utilizes a variety of other market research techniques to include technical team attendance at trade shows such as the Special Operations Forces Week (SOFWEEK), Technical Industrial Liaison Office (TILO) database site visits, and discussions with various Industry partners, as well as other Government agencies.

8. Other Authorities/Factors: (FAR 6.303-2(b)(9))

9. Interested Sources: (FAR 6.303-2(b)(10))

NOTICE 1

Prior to approval, J&As will be screened to identify proprietary data and information exempted from disclosure by 5 U.S.C. 552, Freedom of Information Act, so that the final J&A may be prepared for required posting to SAM.gov Contract Opportunites. J&As shall be posted within 14 days unless 10 U.S.C. 3204(a)(2), Unusual and Compelling Urgency is cited. In that particular case the J&A will be posted within 30 days. Information selected for removal will be highlighted in yellow much like this statement so that signature authorities will know what information will be removed after approval, before posting.

10. Technical and Requirements Certification: (FAR 6.303-2(c))

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: Mr. David Breede TITLE: Program Executive Officer- Tactical Information Systems

SIGNATURE/DATE: _______________________________

BREEDE.DAVID.M

.1024810522

Digitally signed by

BREEDE.DAVID.M.1024810522

Date: 2023.07.11 16:26:08 -04'00'

11. Fair and Reasonable Cost Determination: (FAR 6.303-2(b)(7))

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable. The Government will utilize full and open competition amoung the three T-REX MAC prime contract holders to determine the price fair and reasonableness.

CONTRACTING OFFICER SIGNATURE IN SECTION 12 BELOW ALSO SERVES AS

THE PRICE FAIR AND REASONABLENESS DETERMINATION IN THIS SECTION.

12. Contracting Officer Certification: (FAR 6.303-2(b)(12))

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

NAME: David Kirkland, Capt, USAF TITLE: Contracting Officer

SIGNATURE/DATE: _______________________________

KIRKLAND.DAVID.

K.1403933020

Digitally signed by

KIRKLAND.DAVID.K.1403933020

Date: 2023.07.12 08:46:28 -04'00'

13. 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: Mr. Travis L. Vaughan TITLE: Attorney-Advisor, SOJA-AQ

VAUGHAN.TRAVIS

.LEE.1072772330

Digitally signed by

VAUGHAN.TRAVIS.LEE.10727723

Date: 2023.07.12 08:44:01 -04'00'

14. Agency Advocate for Competition (AAC): Procuring Activity Advocate for Competition (PAAC) approval threshold is Greater than $750K, but less than or equal to $7M. Agency Advocate for Competition (AAC) approval threshold is Greater than $7M, but less than or equal to $15M. NOTE:

AAC remains in review chain for greater than $15M. See SOFARS 5601-1.

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

NAME: Mr. Christopher Barker TITLE: Agency Advocate for Competition

15. HCA FAR 6.302-2 Approval: (Required when performance exceeds 12 months, regardless of contract amount) Based upon the foregoing justification of exceptional circumstances, hereby approve a cumulative period of performance to exceed one (1) year, including all options, for the procurement of RAA-VAK Kits under a T-REX task order.

NAME: Mr. Charles Bright TITLE: Director of Procurement

BARKER.CHRISTOPH

ER.BRIAN.1045916177

Digitally signed by

BARKER.CHRISTOPHER.BRIAN.1

045916177 Date: 2023.07.12 14:56:09 -04'00'

BRIGHT.CHARLES.

E.1230093896

Digitally signed by

BRIGHT.CHARLES.E.1230093896

Date: 2023.07.12 15:35:41 -04'00'

16. Approval: (HCA Over $15M to $100M or SPE Over $100M )

Based upon the foregoing justification, I hereby approve the procurement of the RAA- VAK Kits under a T-REX task order in the estimated amount of $161M. The requirement will be released as brand name equipment and competed among all T- REX prime contract holders. 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: _ Mr. James Smith TITLE: USSOCOM Acquisition Executive

NOTICE 2

POST APPROVAL REQUIREMENT: IThis J&A will be posted to SAM.gov Contract Opportunities 14 days unless 10 U.S.C. 2304(c)(2), Unusual and Compelling Urgency is cited. In that particular case the J&A will be posted within 30 days. Prior to posting, previously identified proprietary data and information exempted from disclosure by 5 U.S.C. 552, Freedom of Information Act, that has been identified IAW Notice 1 via yellow highlighting, will be removed in order to create a document that is no longer classified as “Controlled Unclassified Information” and is thus, appropriate for public release. Follow the guidance found in the DCG for the redaction procees prior to public release.

SMITH.JAMES.HE

NRY.1028798756

Digitally signed by

SMITH.JAMES.HENRY.1028798756

Date: 2023.07.19 12:03:58 -04'00'