FINAL Exception to Fair Opportunity_Redacted 04 NOV 2020_Redacted.pdf

Control Number: 20-42

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: Phone:

Title: Contracting Officer’s Rep (COR) Date: 31 July 2020 Email:

Contracting Officer:

Title: Contracting Officer Date Reviewed: 06 August 2020 Email:

Technical/Requirements Representative:

Title: COR Date Reviewed: 18 August 2020

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

Legal Counsel:

Signature: Noted in PCF Date: 11 August 2020

Control Number: 20-42

UNCLASSIFIED/FOR OFFICIAL USE ONLY

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 April 2016. 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 increase support by only linguists, 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)(i), CLIPSO, the office that oversees and manages the DLITE I and DLITE II MA IDIQ contracts and facilitates linguist services throughout the DoD, provided its market research report, dated 17 July 2020, in support of the requirement. The market research concluded that the Government’s needs cannot be met by through other than the DLITE II IDIQs due to the

. It further concluded that a non-DLITE vendor would require considerable recruiting lead time, which would create unacceptable gaps in linguist support.

In accordance with FAR Part 10.002(b)(2)(ii), the contracting office reviewed the results of the market research performed. There are 11 potential vendors that could provide linguist support services for this type of effort under the T&S small business vendor pool. The results of the market research concluded that all 11 of the DLITE II T&S vendors are capable of fulfilling the Government’s requirements. Out of the 11 T&S vendors, nine of them submitted offers for the competitive action when it was initially solicited. The T&S vendor pool is part of the MA IDIQ, so this pool will not change until the IDIQ is recompeted.

While the market research shows multiple vendors currently available to compete, utilizing the current vendor to continue this critical service is the most economical and efficient option available. Competing this effort would result in a delay in staffing these positions due to RTOP development, soliciting, and conducting an evaluation. In addition, duplicative costs would result for holding a second competition for a currently awarded effort. Further, analysis of the requirement compared with vendor capabilities shows award to another contractor would result in costs of redundant management and administration structures for performing the same effort, in addition to the Government having to coordinate and communicate the review of multiple separate vendor reports,