Exception to Fair Opportunity_Final_Redacted.pdf

Control Number: 22-35

UNCLASSIFIED/FOR OFFICIAL USE ONLY

Justification Review Document for an Exception to Fair Opportunity

Program: Defense Language Interpretation & Translation Enterprise II (DLITE II);

Authority: Federal Acquisition Regulation (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:

Prepared by:

Typed Name: Caleb Kollins Phone: (586) 228-0641 Title: Contract Specialist Date:

Email: caleb.m.kollins.civ@army.mil

Contracting Officer:

Typed Name: Roy Chow Phone: (586) 282-9568 Title: Contracting Officer Date Reviewed:

Email: roy.chow.civ@army.mil

Technical/Requirements Representative:

Typed Name: Brandon Koay Phone: (703) 428-4322 Title: COR Date Reviewed:

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

Legal Counsel:

Typed Name: Ben Netzky Phone: (586) 282-5026 Signature: Noted in PCF Date:

Signature: Concurred in PCF

Specifically, under post-award administration, the Government would have to allocate additional Government resources to administer two separate contracts with potentially two different contractors performing similar scope of work at the same locations.

6. Efforts to Obtain Competition: Army Contracting Command-Warren INSCOM awarded the DLITE II Multiple Award (MA) Indefinite Deliver Indefinite Quantity (IDIQ) contract using full and open competition for these linguist services in .

This effort was competed under the Train & Sustain (T&S) small business vendor pool, which is comprised of 11 vendors. However, as explained in Section 5 above, this action will be acquired via sole source; this action is not being competed.

7. Actions to Increase Competition: Future contracts for these services, beyond the current PoP of this task order (including all options), are anticipated to be procured competitively. As this action is to , it is not in the Government’s best interest to competitively solicit and award a separate contract, resulting in duplicative administration of two contracts for the same effort. ACC-DTA intends to conduct a competitive procurement and award the new task order coincident with the expiration of the last option period if the requirement endures. All DLITE II T&S contractors will be provided Fair Opportunity to compete for award of the new task order under FAR 16.505(b)(l).

8. Market Research: In accordance with FAR Part 10.002(b)(2), CLIPSO, market research was conducted on :

a. In accordance with the Army Federal Acquisition Supplement (AFARS) 5108.9402(a), “except as provided in (b), the Contracting Officer shall use contracts administered by INSCOM to procure foreign language services.” As noted in DoD Directive 5160.41(E) [Defense Language Program (DLP)], the Department of Army (DA) G-2 is the Executive Agent for contract linguist foreign language support provided to DoD components. As a result, DLITE II is the DoD preferred source for contract language support requirements within the DoD enterprise. The Government determined the services provided under the DLITE II Indefinite-Delivery, Indefinite-Quantity (IDIQ) to be non-commercial linguist services. There are 11 potential vendors in the DLITE II Train and Sustain Mission area that could provide linguist support services for this type of effort; however, Integrity Business Solutions currently has the linguists on staff and the recruiting network to immediately support this effort as they have an active task order under the DLITE II.

b. On , the Contracting Officer reviewed the terms and conditions of the existing TO and determined that the TO fully aligns with the requirements.

elements in addition to conducting a price analysis to ensure that the price agreement is consistent with the IGCE and/or historical pricing on the current action. ACC-DTA has a dedicated Pricing Division with trained Cost/Price Analysts who will assist the Contracting Officer by performing the Cost and Price Analysis. This analysis will also be supported by a technical review from the requiring activity.

Printed Name: Roy Chow Electronic Signature:

Title: Contracting Officer Date:

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

Printed Name: Roy Chow Electronic Signature:

Title: Contracting Officer Date:

CHOW.ROY.14024

22676

Digitally signed by

CHOW.ROY.1402422676

Date: 2022.09.20 12:34:53 -04'00'

CHOW.ROY.14024

22676

Digitally signed by

CHOW.ROY.1402422676

Date: 2022.09.20 12:35:11 -04'00'