Exception to Fair Opportunity.pdf

DMEA #21-04

6/11/2018

Justification for Exception to Fair Opportunity Process for

Advanced Technology Support Program IV (ATSP4) Indefinite Delivery / Indefinite Quantity (ID/IQ) Task Order Contract

1. Agency and Contracting Activity:

Defense Microelectronics Activity (DMEA) Contracting Division/MEEB Attn: Samantha Plank, Contracting Officer samantha.e.plank.civ@mail.mil 4234 54th Street McClellan, CA 95652

2. Nature and/or Description of the Action Being Approved:

This is a task order scope change modification being made to Raytheon Company under the basic IDIQ contract, HQ0727-16-D-0006; CET 20-026 dated 29 July 2020, for Countermeasure Set, Acoustic (CSA) Next Generation Engineering (CSA Next Gen)

3. (including the total estimated value, including options, if any):

CET 20-026 upgrades the CSA variants installed on board US Navy submarines to resolve obsolescence issues and integrate new functionality. The added scope to this CET will develop test suite, development suite, and integration suite based on the CSA upgrades.

4. Identification of the Exception to Fair Opportunity (Authority Cited):

FAR 16.505(b)(1)(i) requires the Contracting Officer to provide each awardee under a multiple award contract, a fair opportunity to be considered for each order exceeding $3,500 unless one of the following statutory exceptions apply. The specific exception that precludes the fair opportunity process for this acquisition is:

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.

5. Rationale for authority cited:

The task order modification involves work that is related and highly coupled to the ongoing work of the original awarded base task. The modification work is so tightly coupled with the awarded base CET that it is not in the best interest of the government to separate the modification from the awarded base CET.

Raytheon maintains extensive design knowledge, subject matter expert engineering staff, and is currently the only provider capable of supporting the CSA development effort; no other acquisition strategy can economically accomplish these requirements and meet the Go timeline of delivery by October 2022.

6. Additional Facts Supporting this Justification:

None.

7. Actions to Remove or Overcome Any Barriers that Led to this Exception to Fair Opportunity

If any additional tasks beyond Rev 1 become necessary, planning will begin early to allow sufficient time to utilize the Fair Opportunity process.

8. Redaction

IAW FAR 16.505, the justification must be posted within 14 days after contract award. Project Engineers shall check appropriate box based on coordination with the customer for screening IAW 16.505(b)(2)(D)(4):

__X__ No redaction is necessary. This J&A will be posted in its entirety.

____ This J&A contains information that cannot be publicly posted (i.e. proprietary contractor data).

A redacted copy will be sent to PCO for posting after customer input.

____ Disclosure of information contained in this J&A would compromise the national security (e.g., would result in disclosure of classified information) or create other security risks. As a result, this J&A will not be posted. Rationale has been provided to the PCO to document the contract file.

9. Technical / Requirements Certification

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

10. Technical / Requirements Supervisor Certification:

11. Contracting Officer Determination

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

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable. Actions to ensure reasonableness of the price will be accomplished using procedures and criteria contained in FAR 15.4. Cost and pricing data will be requested. Detailed documentation and justification of price reasonableness will be set forth in the Price Negotiation Memorandum.

12. Chief, ATSP Branch

13. Sr. Procurement Analyst / MEEA

14. Office of Counsel

15. Chief of Contracting/Competition Advocate