Redacted__J_and_A.pdf

Fair Opportunity Exception (FOE) Limited Source Justification and Approval (J&A)

FOE

J&A No.

J-13-012

Project/Program Name: Commercial Telecommunications Support for USSOCOM Deployed Operations

Component/PEO/Other: J-6

Estimated Contract Cost (including options): $47,000,000.00 Obtained from Office

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1. Agency and Contracting Activity: (FAR 8.40S-6(c)(2)(i), FAR 16.S0S(b)(2)(ii)(8)( 1))

United States Special Operations Command (USSOCOM) Directorate of Procurement, Headquarters (HQ) Procurement Division (SORDAC-KH), 7701 Tampa Point Boulevard, MacDili Air Force Base, Florida 33621-5323.

Julia A. Deloach, Contracting Officer, (813) 826-7066, Fax (813) 826-7504 Jane Ellison, Contract Specialist, (813) 826-7335, Fax (813) 826-7504

2. Description of Action: (FAR 8.40S-6(c)(2)(ii), FAR 16.S0S(b)(2)(ii)(8)(3)) The proposed contract action is for the issuance of a logical follow-on (lFO) task order under the Defense Information Systems Agency (DISA)-Defense Satellite Transmission Services-Global (DSTS-G) multiple award contract to DRS Technical Services, Inc.

(DCA200-01-D-5003), 12930 Worldgate Drive, Suite 700, Herndon, VA 20170.

Task order 2U1 0 will have a 12 month period of performance from 1 January 2013 through 31 December 2013 at a cost of approximately $47M.

3. Description of Supplies/Services: (FAR 8.40S-6(c)(2)(iii), FAR

16.S0S(b)(2)(ii)(8)(2)) This logical follow-on task order will provide for continued satellite telecommunications (SATCOM) services required to support Special Operations Forces (SO F) operations world-wide.

The bandwidth currently under contract supports Global Coverage to include but not limited to Iraq, Afghanistan, Africa, Philippines and South America and connects to SOCOM Strategic Entry Points (SSEPs) at MacDili Air Force Base, Florida; Fort Bragg, North Carolina; Camp Smith, Hawaii; Patch Barracks, Germany; and AI Udeid, Qatar.

These links provide the means for Defense Information Systems Network (DISN) Secure Internet Protocol Routed Network (SIPRNET), Non-secure Internet Protocol Routed Network (NIPRNET) and Defense Switched Network (DSN) connectivity in these locations. The links also provide the conduit for passing intelligence data obtained within the region. These links provide C and Ku band coverage providing support to ongoing missions including Operation Enduring Freedom (OEF) Afghanistan, OEF-Philippines, FOE J&A No. J-13-012

OEF-Trans Sahara, and Operation New Dawn, all supporting the Overseas Contingency Operations (OCO). Operational missions also include Counter Narcotics Training, Joint Combined Exchange Training, Foreign Internal Defense, and Unconventional Warfare.

4. Authority Cited Permitting a Fair Opportunity Exception and Rationale:

(FAR 8.405-6(c)(2)(iv), FAR 16.505(b)(2)(ii)(8)(4))

IZI FAR 16.505(b)(2)(i)(C), "The order 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".

This proposed contract action is based on the fact that the original requirement was fairly competed amongst all DSTS-G vendors, and in the interest of economy and efficiency, a logical follow-on task order is appropriate. When the DSTS-G contract vehicle is re-solicited, vendors will be given an opportunity to bid on commercial satellite communication services provided to 000, including the subject USSOCOM support.

All of the communication services described in section three above are crucial to maintaining command and control of SOF forces worldwide. A lapse or change in service, even if only temporary, could isolate some locations from a communications standpoint and be catastrophic to the warfighter's ability to execute their USSOCOM missions. To transition to a new network would require a non-incumbent Contractor to support the cost of setting up the new network without the use of any Government- Furnished Equipment (GFE). This is due to the existing GFE equipment could not be re-used on the new network until after it is operational to prevent a gap in service.

Additionally, available bandwidth over several of the regions within which SOF forces operate is extremely low. Another offeror under the DISA DSTS-G multiple award vehicle would have to purchase enough bandwidth to support USSOCOM requirements;

these costs would be duplicated on either the same or different satellites that cover the specific areas under the current USSOCOM task order. A change to a new/different satellite and/or transponders, while maintaining the existing bandwidth, is physically impossible due to lack of available resources in these regions. This substantial duplication of cost to the Government is not expected to be recovered through competition. The change will not only require a satellite bandwidth change, it will also require terrestrial transport as well. If another vendor is selected, it will not be possible to utilize the same terrestrial network as it belongs to the incumbent. This will cause Significant routing issues and downtime. Moreover, reconfiguration of the numerous communication links will impact the capability to transmit data and provides the potential for loss of life.

Additionally, a change in satellites or transponders could cause the forced realignment of numerous satellite earth terminals in operation throughout USSOCOM's Worldwide Network. There are several risks associated with this scenario. Reconfiguring the satellite network would cause significant downtimes, and require several Authorized Service Interruptions (ASls) stretched out over a 20-30 day time period to accommodate the changes to the links. Obtaining the ASI approval and scheduling in a war time environment would be problematic at best, and nearly impossible at worst. Interruption of service is not acceptable because of the Overseas Contingency Operations (OCOs)

- FOE J&A No. J-13-012 these services support.

In addition to the above, over the past several years, various network upgrades have been implemented with the current vendor to provide broader, more efficient coverage at a reduced cost. All of these upgrades would be lost switching to a new vendor. This is neither economical, nor efficient for the Government.

Below is an estimate of additional costs associated with switching this requirement to another DSTS-G vendor. The estimated additional cost associated with switching to another vendor is approximately $19,193,705.67 for one year. These "sunk costs" are approximately 12.9% of the total amount covered under this LFO justification and include non-reoccurring costs (NRC) associated with new circuit activations that will be required.

5. Efforts/Actions to Increase Competition: (FAR 8.405-6(c)(2)(viii), FAR 16.505(b )(2)(ii)(B)(7))

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. This J&A will be posted to FBO in accordance with FAR 16.505(b )(2)(ii)(D).

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

As the Department of Defense (DoD) has directed agencies to acquire their satellite communication (SATCOM) services through DISA, no market research is required for task order actions and was not conducted.

7. Interested Sources:

No other potential sources indicated an interest in writing.

8. Other Facts Supporting the Justification: (FAR 8.405-6(c)(2)(vii), FAR 16.505(b )(2)(ii)(B)(6))

None.

FOE J&A No. J-13-012

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

16.505 b 2 ii B 9

(This should be signed by a Requiring Activity Official (RAO) at a Ie re! commensurate with the ultimate approving authority:

a. If it does not require USSOCOM Competition Advocate Gent~ral (GAG) approval, then an RAO commensurate with the Chief of the Contracting Office.)

b. If the CAG or Head of Gontracting Activity (HCA) must approve, then the RAO must be an 0-6 or equivalent.

c. If the Acquisition Executive (AE) must approve, then the RAO must be at the level of Program Executive Officer, Director, Commander, Chief 0;: Staff, or equivalent.)

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

10. Fair and Reasonable Cost Determination: (FAR 16.505(b)(2)(ii)(8)(5), DFARS 216.505-70(d)(3))

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable. Price analysis was conducted by comparsion of prior proposed prices with current proposed prices for the same effort in addtion to comparing the proposed prices with the Independent Government Cost Estimate (IGCE).

Certified cost or pricing data was not required because of the prohibition at FAR 15.403- 1(b )(3).

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)(8)(8))

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

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:

13. Competition Advocate General Approval (CAG):

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

14. Approval: (HCA Over $12.SM to $8S.SM

16.505 b 2 ii C, SOFARS 5601-1 or SPE Over $8S.SM ) (FAR

Based upon the foregoing justification, I hereby approve the procurement of Commercial Telecommunications Support for USSOCOM Deployed Operations (Baseline).

in the estimated amount of $47,000,000.00. 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.