EFOJ_JBSP-Ph1U-R2_Final_14July2022_signed_Redacted.pdf

Control Log No: JA 22 D 424

Contractor: NewSat North America, LLC Program: JBSP PH1 Upgrade

(Source Selection Information See FAR 2.101 and 3.104 4)

SEP 2021

Justification Review Document for an Exception to Fair Opportunity � FAR 16.505(b)(2)

Program/Equipment: This requirement is to provide upgrade capability to the Jordan Border Security Program (JBSP) Phase 1 (Ph1) via Security Assistance Management Directorate (SAMD), Foreign Military Sales (FMS) case DW-B-UXH.

Authority: 10 U.S.C. 3406(c)(3) as implemented in FAR 16.505(b)(2)(i)(C). The order must be issued on a sole-source basis in the interest of economy and efficiency because it is 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.

Amount: $ 5,743,293.26

Prepared by: PH: ( Contract Specialist Date: 25 May 2022

Email:

Contracting Officer: PH:

Contracting Officer Date: 27 May 2022

Email:

Technical: PH: ( CECOM SAMD, FMS Team Lead Date: 27 May 2022

Email:

Requirements: PH:

CECOM SAMD, FMS Team Lead Date: 27 May 2022 Email:

Program: JBSP PH1 Upgrade

(Source Selection Information See FAR 2.101 and 3.104 4)

SEP 2021

Reviews: I have reviewed this justification and find it adequate to support an exception to fair opportunity.

Legal Counsel:

PH:

Program: JBSP PH1 Upgrade

(Source Selection Information See FAR 2.101 and 3.104 4)

SEP 2021

This requirement was competed amongst all GTACS II Small Business prime contractors using FAR 16.505(b)(1) Fair Opportunity procedures; all of the GTACS II Small Business prime contract holders were given a fair opportunity to be considered for the award of the DO. NewSat was awarded DO W91CRB-22-F-5047 on March 4, 2022 implementing the above equipment and resulting in a system-wide technology refresh that completely replaces the communications network, computing assets, and surveillance sensors.

Although the basic DO was competitively awarded on March 4, 2022, there has been a recent rise in activity along Jordan's northern border. New threats have emerged since the legacy Ph1 system was delivered to Jordan, including the use of

. The may consist of . The fully integrated and properly maintained Ph1U system will provide JAF a means to prevent these new threats and supports Jordan�s goals towards this end. JBSP's needs are dynamic in terms of detecting and countering border incursion threats. The upgraded capability and enhancements will provide a more capable, secure, and reliable border security solution. This action also includes the integration of enhanced software, delivery of training capabilities, and extended warranty. This modification will be the first instance of an exception to the Fair Opportunity procedures for this DO.

This is a logical follow-on because the additional capabilities (i.e. software enhancements, subsystem integration, spare parts manufacturing, extended maintenance support, and training center improvements) and additional equipment are related to and dependent upon the material and services already procured under the original contracted effort. NewSat�s team is fully mobilized in the country of Jordan and actively performing site surveys, logistics inventory, transfer of custody, and equipment staging for functional testing and configuration. Initial installation activities are projected to begin .

Continuing with NewSat as the incumbent contractor is in the interest of economy and efficiency as it enables the Government to avoid duplication of efforts already being performed, therefore leveraging economy of scale to reduce level of effort and cost.

The economy of scale will also be realized through the procurement of additional quantities of the same equipment not yet purchased as he Government expects to receive better pricing based on ordering larger quantities.

In addition, this modification also eliminates risk of Government delays related to dependent contract actions by multiple, separate vendors. Based on prior experience, implementing the JBSP upgrades through multiple prime contractors increases the Jordanians� burden with respect to transitional delays such as security clearances, Program: JBSP PH1 Upgrade

(Source Selection Information See FAR 2.101 and 3.104 4)

SEP 2021

facility access, and system downtime of the security system capabilities required to protect a . Multiple contractors accessing the JBSP sites simultaneously has previously presented great difficulty for the Jordanian Armed Forces (JAF), straining resources and impacting operational capability. Currently, the JAF security clearance process takes approximately for individuals requiring site access. After this process, each Contractor site visit must be coordinated by providing information such as:

Additionally, JBSP sites are size restrictive . To access sites , pre-coordination and scheduling are required due to mandatory This requirement involves upgrading with a primary challenge being minimal impact to operational availability. NewSat has an implementation strategy in-place to minimize disruption of service. This strategy is

. Thus, implementing these upgrades through multiple prime contractors is not in the interest of economy or efficiency.

Overall, the new threats described above will increasingly threaten the Hashemite Kingdom of Jordan if undetected, and new threats to civilian and soldiers� lives have arisen. Unnecessary delays to the upgrade of the JBSP system are unacceptable. Any delays will lead to substantial negative impacts on Jordan�s current need to protect its borders. If this EFOJ is not approved, the JBSS will not be fully mission capable and will put the Security Assistance mission at risk, posing potential threats to the security of the host nation.

6. Efforts to Obtain Competition:

a. Effective competition: In accordance with the exception found at FAR 5.202(a)(6), notice of this proposed action is not necessary as the proposed contract action is an order placed under subpart 16.5. In accordance with FAR 16.505(b)(2)(ii)(D), within 14 days after the modification is placed, the Contracting Officer will publish a notice in accordance with FAR 5.301 and make this justification publicly available.

b. Subcontracting competition: NewSat is a small business and a subcontracting plan is not required. However, subcontracting competition will be achieved by the contractor seeking to maximize subcontracting opportunities, if applicable, with a focus on subcontracting to small and small disadvantaged businesses.

7. Actions to Increase Competition: The JBSP is security system that creates an on-going sustainment need. As such, the CECOM SAMD continues to monitor market availability for products and services to address the evolving lifecycle needs of the JBSP. At this stage, technical drawings are proprietary to NewSat and will not be formally delivered to the Government under the current DO until

Program: JBSP PH1 Upgrade

(Source Selection Information See FAR 2.101 and 3.104 4)

SEP 2021

Change in Competitive Circumstance: The existing DO of this acquisition, W91CRB-22-F-5047, was competitively solicited through fair opportunity, resulting in five (5) proposals being received and evaluated, with an award made to NewSat. As this requirement builds on and is dependent upon material and services procured under the currently in-progress DO, the competitive circumstance has changed, resulting in limiting sources solely to NewSat. An award to a company other than NewSat would involve the risk of unacceptable delays, duplication of work, disruption of service and system downtime of security systems, and loss of an economy of scale potential cost savings.

b. Other facts: The transition to another contractor is not possible given the current project execution schedule. The technical drawings are proprietary to NewSat at this time and will not be formally delivered under the current contract to the Government until .

10. Technical Certification: 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.

Date:

CECOM SAMD,Weapon System Manager Signature:

11. Requirements Certification: 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.

CECOM SAMD, Weapon System Manager Signature:

12. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based on cost/price analysis, Independent Government Estimate (IGE), and negotiations.

Additionally, certified cost or pricing data will not be required, as this is a commercial requirement, and an exception in accordance with FAR 15.403(b)(3) applies.

Procuring Contracting Officer Signature:

Program: JBSP PH1 Upgrade

(Source Selection Information See FAR 2.101 and 3.104 4)

SEP 2021

13. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Procuring Contracting Officer Signature

Program: JBSP PH1 Upgrade

(Source Selection Information See FAR 2.101 and 3.104 4)

SEP 2021

Approval

Based on the foregoing justification, I hereby approve the procurement of the additional capabilities and equipment, increasing the period of performance by a total of three (3) months, and increasing the estimated amount by approximately $5,743,293.26 (from $3,624,659.02 to $9,367,952.28) on an other than full and open competition basis, pursuant to the authority of 10 U.S.C. 3406(c)(3) as implemented in FAR 16.505(b)(2)(i)(C). The modification must be issued on a sole-source basis in the interest of economy and efficiency because it is 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, subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Date: Signature

Command Advocate for Competition