FA2487-18-F-4303_Mod_3_FOE_Redacted.pdf

Justification for an Exception to Fair Opportunity or to Use Brand-Name Restriction

November 2018 Page 2 of 3

Intuitive is contracted to deliver a detailed design for system installation that incorporates all marine survey data to meet requirements as stated in the Statement of Work. The contractor shall also provide a final report to define the installation phase for a future contract. The results of this survey, including the survey area incorporated by this modification, will be used to support a fully competed contract for installation and acceptance testing of the underwater fiber network.

The basic delivery order, FA2487-18-F-4303 was fully competed within the TETRAS IDIQ. The workload covered all known project design needs at the time of order. CLIN 1001 for a marine survey is the final step to determine the full design criteria for execution in a future contract for installation and acceptance of an underwater fiber network. During the course of the desktop study (an early requirement on this delivery order), the requirements team identified an additional branch that requires survey in order to map the best and most effective solution for the final contract.

(4) Identification of the exception to fair opportunity and the supporting rationale:

EXCEPTION CITATION: FAR 16.505(b)(2)(i)(A) The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

Award of this modification is needed by 15 May 2019 to allow the contractor to consolidate ship requirements under one order.

Approximately 70% of the marine survey option is for the cost of the ship that will conduct the physical survey and sea ground floor mapping. Ship cost for the currently contracted marine survey is estimated at

. If the requirement for the additional branch of work were competed, the Government would incur costs to re-procure use of the ship, rather than leveraging the benefits of "piggy backing" onto the efforts currently being performed, at a fraction of the cost.

The Government estimates that the cost of re-procuring the ship would cost nearly 200% more than the current estimate, along with the time delays associated with the competition and the logistics of re-procuring the services of the ship, which would shift the already compressed schedule of the Gulf Range Enhancement (GRE) effort to the right. It is in the best interest of the Government to add the additional survey work to the existing Delivery Order in terms of cost, schedule and efficiencies gained.

(5) Contracting Officer's determination that the anticipated cost to the Government will be fair and reasonable:

The base TETRAS contract was awarded with a fixed labor rate pricelist that was determined fair and reasonable. The Government will solicit a proposal and technical experts will evaluate it to determine the reasonableness of proposed labor categories and quantities; any proposed materials; and other direct costs (e.g.

travel). This effort is expected to exceed and the contractor will be required to certify their cost and pricing data in accordance with FAR15.403.

(6) Other facts supporting the justification: