FA8075-14-D-0020-0002_Fair_Opportunity_Exception_Justification_Signatures_Redacted.pdf

Justification for an Exception to Fair Opportunity

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(2) Nature and/or description of the action being approved:

This request is for approval to issue a modification to extend FA8075-14-D-0020-0002, Task 14-0958, which expires on 20 November 2015. The additional amount required is $54,495,218. The amount of the initial award was $34,255,182 for a total of a 12-month period of performance and a two-month option for transition only - no services.

The initial requirement was solicited to all nine contractors in the full and open competition pool under the DS TATs contract. ManTech TSG Joint Venture (ManTech) submitted the only proposal and was awarded the task order on 18 November 2014 in the amount of $32,111,233.00 for the twelve month period of performance.

Unlike most Fair Opportunity Exception (FOE) requests, the purpose of this request is to allow time to accomplish competition among the nine Fair Opportunity Contractors. The time request is based on current market research: three Requests for Information (RFIs) (16 Dec 2014, 15 Jan 2015 and 27 Jan 2015) and two draft Performance Work Statements released in May and July 2015. Significant time was spent in the Market Research Phase due to the fact that the Government estimate for the follow-on new requirement is $240M over a five year period of performance. In order to allow reasonable time for the Fair Opportunity Contractors to prepare a proposal for the follow-on, it is necessary to extend the current Task Order.

This request is for a 17-month extension and an additional amount of $54,495,218. This extension will provide the necessary time and manpower for MCISRE to develop and competitively award a follow-on Task Order and for a transition-in period on the follow-on Task Order. This extension will include all the on-going services during the transition to the new competitively awarded follow-on to the $240M Task Order. The requested extension will be comprised of one eight-month base period, three one-month options, and alternative six-month options for transition: one for full performance in the event the incumbent is awarded the follow-on or one for a transitional period in the event the incumbent is not awarded the follow on. Any of the three-month options will only be exercised if the acquisition process requires more time. In accordance with AFFARS MP5301.9001(b), this acquisition will have Multi-functional Independent Reviews

(MIRTS).

Upon award of the follow-on, an additional transition period of six months is necessary. This transition period provides for the current contractor to provide the on-going services as the new contractor gets started, and/or transition out activities. Significant and mandatory to this six month transition period are the approvals and installation of the siprnet technical implementation criteria for the security networks. These security networks carry the critical Marine Corps Intelligence Surveillance and Reconnaissance information. The new contractor will have to have an awarded Task Order to schedule the security inspections and licenses required by the government. The current contractor will provide required services on the extended Task Order and the follow-on contractor will begin the necessary inspection and installation of the security networks.

Approval is herein requested to allow an FOE extension to the task order in the amount of $54,495,218. The new period of performance will not exceed 20 April 2017.

(1) Contracting Activity:

United States Air Force, Air Force Installation Contracting Agency, Offutt AFB Operating Location (AFICA/KD). Task Order

FA8075-14-D-0020-0002, Task 14-0958, was issued on Defense Systems Technical Area Tasks (DS TATs) on 18 November 2014. The requirement is for Marine Corps Intelligence Surveillance and Reconnaissance Enterprise (MCISRE), Cyber Operations Technology

& Process Innovation & Integration Support, Headquarters Marine Corps Intelligence Department, Technology Innovation Division.

This is a Fair Opportunity Exception (FOE). Contracting Officer is Alan E. Brady, GS-13, DSN: 272-8658 COM: (402) 232-8658.

(3) Description of the supplies/services required to meet the agency's needs:

The MCISRE is a Warfighting Enterprise that supports Marine Air Ground Task Forces (MFAGTF). The MCISRE has a continuing requirement to improve capabilities for intelligence operation supporting force-on force, counter terrorist, counter intelligence/ counter network and information operations missions. The MCISRE is the synergistic integration of all Service Intelligence, Surveillance and Reconnaissance (ISR) elements into a single capability that is networked across all echelons and functional areas.

The services required are to meet performance objectives required by the component organizations of the MCISRE. The component organizations are:

• Headquarters Marine Corps Intelligence Department - 3 Directorates

• Headquarters Marine Corps CA

• Marine Corps Systems Command : 2 Directorates

• Marine Corps Forces Cyber Command: 2 Directorates

• Office of Naval Research

• Headquarters Marine Corps Intelligence Department: Technology Innovation Division

The partner organizations in the Marine Corps Supporting Establishment require policy reviews and execute rapid technology prototyping and experimentation of promising process improvements and technology candidates using Agile Methodologies when possible. Objectives are to meet performance objectives required and to leverage expertise in research, engineering, science, technology, rapid prototyping development, advisor, integration and operations support to support strategic, operational and tactical intelligence objectives. Each objective represents the accomplishments and requirements desired by MCISRE and its partner and component organizations for Technology and Process Innovation and Integration (T&P I&I) services.

Support services include systems, software, mechanical, process, and design, as well as analytical, technical, test, systems administration support, incidental integration, Information Assurance (IA), and rapid prototyping work on current Marine Corps Intelligence Systems and Commercial Off-the-Shelf (COTS) / Government Off-the-Shelf (GOTS) Intelligence systems to enhance their utility to the MCISRE or evaluate said systems for inclusion in the MCISRE. Much of this work will: transition to the Acquisition Command for final transition, inform future Marine Corps Intelligence requirements, or identify gaps in current requirements. The Information Technology (IT) / IA work required is incidental to Projects for evaluation on representative operational networks for the purpose of field user evaluations.

Services also include technical advice which may lead to information architectures or assessments of proposed solutions for integration of capabilities into MCISRE and Cyber enterprise architectures. This role may translate intelligence requirements or solutions into the context of the information architecture and other Intelligence partner organizations (e.g., intelligence community, other Department of Defense developers, etc.).

Reliability, Maintainability, Quality, Supportability, and Interoperability (RMQSI) support shall include developing test and evaluation plans and procedures in support of system level or component evaluations based upon specifications and technical data provided as Government Furnished Property (GFP), or from commercially available sources. The RMQSI support shall include assistance in obtaining testing certifications including, but not limited to, system safety releases Interim Authorities To Test (IATT) and transportability certifications; conducting, facilitating and observing component and system level testing; and providing draft evaluation and Test Plans.

The classified nature of the services for nearly 40 intelligence projects requires the contractor to maintain a Top Secret//Sensitive Compartmented Information (TS//SCI) Facility Clearance with a Sensitive Compartmented Information Facility (SCIF), certified and approved for the storage and processing of classified information up to the TS//SCI level. The SCIF must be maintained in accordance with Defense Intelligence Agency (DIA) and Director of National Intelligence (DNI) regulations and physical security policies. Additionally, the contractor must maintain connectivity with appropriate secure Government wide area networks, usable to facilitate further interoperability testing with systems not physically located on-site (such as other services systems or Operating Forces Intelligence Systems); including, but not limited to:

• Joint Worldwide Intelligence Communications Systems (JWICS)

• Secret Internet Protocol Router Network (SIPR)

• Non-Secure Internet Protocol Router Network (NIPR)

• National Security Agency Network

• Director, Defense Test and Evaluation (DDT&E)

• Defense Research Engineering Network (DREN)

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

10 U.S.C. 2304(c)(1).

FAR 16.505(b)(2)(i)(B) applies as only one awardee is currently capable of providing the services without a break in essential services. The initial requirement was submitted for competition via Task Order Proposal Request under the DS TATs multiple award contract on 14 Aug 2014, with proposals due 15 Sep 2014. The total solicitation time was 32 days. Only one proposal was received. The Contracting Office conducted three Requests for Information (RFI) (16 Dec 2014, 15 Jan 2015 and 27 Jan 2015) to determine why more contractors did not bid. The barrier to competition was determined to be the lack of transition time to acquire the TS//SCI Facility Clearance with a SCIF and the specialized networks needed on the first day of performance. A proposing contractor must have an awarded Task Order prior to government certification and before secure networks can be installed. Based upon this result, there is a low likelihood of competition for the follow-on requirement without providing for a transition period. Input received from the RFIs indicated that a six-month transition time should be adequate to allow more contractors to bid on the follow-on requirement.

Therefore, the follow-on requirement was drafted to provide for a six-month transition period in order to increase competition.

The current requirement is set to expire 20 November 2015. This FOE is requesting an extension to the current order to provide for time to complete the follow-on acquisition and for time to allow for a six-month transition time under the new effort. Failure to extend the current order would mean a gap in services to MCISRE and would negatively impact the existing delivery schedules of multiple MCISRE projects.

(5) Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable:

The proposal for this sole source FOE extension, once received, will be evaluated by the Contracting Officer and Requiring Activity with respect to the proposed labor skill sets, labor hours, travel, and ODCs to ensure the prices/estimated cost will be fair and reasonable. Further, DCAA and DCMA will be engaged to evaluate cost elements, and cost and pricing data will be obtained.

(6) Other facts supporting the justification:

Extensive time has been expended in an effort to obtain competition for the $240M follow-on requirement. Competition benefits the government and the Marine Corps Intelligence Surveillance and Reconnaissance Enterprise. Changes have been made to the requirement to accommodate lessons learned from the RFIs that have gone out to the Fair Opportunity Contractors.

(7) Actions the agency may take to remove or overcome any barriers to increasing fair opportunity before any subsequent acquisition for the supplies or services:

The Performance Work Statement for the follow-on effort, DT 15-1148, has been drafted to incorporate a six-month transition period. This transition period directly addresses the barriers to competition identified by the contractors on the initial award. A draft PWS which included the six-month transition period was sent to all contractors on 4 May 2015. Three contractors responded that they are able to propose on the revised requirement. A second draft of the PWS, a draft of the evaluation criteria and a draft DD254 were sent to all contractors on 13 July 2015.

(8) Contracting Officer's certification that the justification is accurate and complete:

The Contracting Officer's signature on the signature page provides evidence that he/she certifies that the justification is accurate and complete to the best of his/her knowledge and belief.

(9) Certification of technical/requirements personnel that supporting data is accurate and complete:

As evidenced by his/her signature on the signature page, the Program Manager certifies that any supporting data contained herein, which is his/her responsibility, is both accurate and complete.

(10) Determination by the approving official that one of the circumstances in F A R 1 6 . 5 0 5 ( b ) ( 2 ) ( i ) applies to the order