DT_1212_FOE_JA-redacted2_Redacted.pdf

Justification for an Exception to Fair Opportunity

Is this a brand name product justification? Yes No If yes, please provide the following information.

Brand Name Product Title:

Brand Name Product Description:

1. Contracting Activity: AFICA/KD

2. Purchase Request: FA8075-D-XXXX, DT 15-1212

3. Program Name (and Program Element, if applicable): AFLCMC/WNYIA

4. Estimated Cost/Price of the Order (including options): $551,000.00

5. Type Program (see AFFARS 5302.101 for definitions): PEO Program Other Contracting

6. Fair Opportunity Exception: FAR 16.505(b)(2)(i), subparagraph (A) (B) (C) (E)(D)

7. Type Determination (Class or Individual): Individual

Date

27 Oct 2015

Program Manager

Lindellia T. Jenkins

ALCMC/WNYIA -- DSN 472-7425

Signature

Date

30 Oct 2015

Contracting Officer

Rebecca S. Robeson, GS-12, AFICA/KD

DSN: 271-9604, COM: (402) 294-9604

Signature

Date Local Legal Reviewer n/a

Signature

Date

30 Oct 2015

Chief of the Contracting Office (COCO)

Jared Dostal, GS-14, AFICA/KD

DSN: 272-5319, COM: (402)232-5319

Signature

Date Competition Advocate

[ Name ] [ Office Symbol / Phone Number ]

Signature

Date SCO or SCCO

[ Name ] [ Office Symbol / Phone Number ]

Signature

Date Approval Authority

[ Name ] [ Office Symbol / Phone Number ]

Signature

Click here to access the instructions for the boxes below.

(1) Contracting Activity:

United States Air Force, Air Force Installation Contracting Agency, Offutt AFB Operating Location (AFICA/KD). The requirement is for the Royal Canadian Air Force via a Foreign Military Sales (FMS) case through the AFLCMC/WNYIA Electronic Combat International Security Assistance Program at Robins AFB, Georgia. This is a Fair Opportunity Exception (FOE). Contracting Officer is Rebecca S. Robeson, GS-12, DSN: 271-9604, COM: (402)294-9604.

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

This request is for approval to issue a new task order under Defense Systems Technical Area Tasks (DS TATS) FA8075-14-D-0018 to Georgia Tech Applied Research Corporation (GTRI) for Test Equipment and Engineering Support, AFLCMC/WNIA Electronic Warfare Foreign Military Sales. GTARC, a Cooperative Organization for the Board of Regents of the University System of Georgia is a 501(c)(3) not-for-profit organization and serves as the contracting entity for the Georgia Tech Research Institute (GTRI).

The Task Order is estimated at $551K for a period of performance of 11 months.

Letter of Offer and Acceptance (LOA) CN-D-QBV Line 701, between the United States and Canada, specifies GTRI as the sole source provider of the for Electronic Warfare (EW) Integrated Support Station (ISS) and required updates.

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

AFLCMC/WNYIA Electronic Warfare Foreign Military Sales and their allied customers operate tactical, transport and rotary wing aircraft that utilize Electronic Warfare (EW)/Aircraft Survivability (ASE) systems. The majority of the EW systems are of United States (US) origin. There is a significant amount of interaction between FMS customers and the US Air Force, Navy and US defense contractors to support the EW configurations on each aircraft.

The objective of this task is to conduct research and assess the Royal Canadian Air Force (RCAF) Electronic Warfare Integrated Support Stations (ISS) and to deliver engineering recommendations to ensure that the system is providing timely mission data development and testing to the RCAF.

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

FAR 16.505(b)(2)(i)(B) applies as only one award is capable of providing the services and FMS LOAs stipulate the Task Order be awarded to GTRI.

The LOA between the US and Canada, CN-D-QBV Line 701, and specifically Note 33, stipulates that the EW ISS to include updates shall be sole source to GTRI.

The contractor will be required to possess an in-depth amount of hands-on Technical Experience with the C-130J EW Integrated Support Station (ISS), enabling it to provide rapid responses to Canada for additional testing capability of C-130J EW, in-country mission data. The C-130J EW ISS was baselined in 2005, with a competitive effort that resulted in GTRI building a unique FMS product for C-130J EW FMS users with In-Country Reprogramming capability for C-130J Mission Data. GTRI is the original design authority and only contractor involved with ISS development/sustainment and reconfiguration since 2005, for over 6 deliveries of country unique configurations, specific to their export authorization, with stellar results (1-2 minimal failures).

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

The proposal, 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:

Based upon the signed and funded Letter of Offer and Acceptance-LOA (between the US Government and the Government of Canada) it is the Canadian Government's assessment that only GTRI can provide the services required and they have so directed in the LOA.

(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:

GTRI is currently listed on the CN-D-QBV FMS LOA as the sole source provider of these services for Canada.

(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 FAR 16.505(b)(2)(i) applies to the order

As evidenced by my signature on the signature page, I hereby determine that the fair opportunity exception checked in block 6 (Page 1) applies.