FOJ_15_24947_redacted_FBO_9-15-15.pdf

DEPARTMENT OF THE NAVY

NAVAL AIR SYSTEMS COMMAND

RADM WILLIAM A. MOFFET BUILDING

47123 BUSE ROAD, BLDG 2272

PATUXENT RIVER, MARYLAND 20670-1547

IN REPLY REFER TO:

FOJ_15_24947

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY (FAR 16.505(b)(2))

1. Contracting Activity.

Naval Air Systems Command (NAVAIR) Headquarters

2. Nature and/or Description of Action Being Approved.

This Exception to Fair Opportunity Justification (FOJ) authorizes and approves the issuance of a new task order to Insitu, Inc., 118 E. Columbia Way, Bingen WA, under Contract N00019-12-D-0011 for sea-based

Unmanned Aircraft System (UAS) Intelligence, Surveillance and Reconnaissance (ISR) Services in support of NAVCENT Operations, with a focus on Special Operations Forces (SOF) support. This is an Exception to Fair Opportunity under the Naval Air Systems Command UAS ISR Services Multiple Award Contract

(MAC) for which AAI of Hunt Valley, MD (Sea-Based) was also selected.

3. Description of the Supplies or Services Required to Meet the Agency’s Needs (including the estimated value).

This FOJ covers the procurement of UAS ISR Services supporting Afloat Forward Staging Base (AFSB) sea-based operations with a SOF specific support ship referred to as Maritime Support Vessel (MSV) 2.0.

Specific details of MSV 2.0 operating areas and CONOPS are classified. The UAS ISR Services encompass both the operation and maintenance of the UAS to provide real-time imagery and data that supports SOF forces with Electro-Optical (EO), Infrared (IR) and other electronic sensor data. Insitu was one of two MAC awardees competitively selected for sea-based requirements for the UAS ISR Services

MAC.

MSV 2.0 will support National Tasking missions in the NAVCENT Areas of Responsibility (AOR) that are stated in USCENTCOM Request for Forces (RFF) 960 (dated 242004Z AUG 11 and most recently updated on 061510Z MAR 15) and USCENTCOM RFF 1329 (202206Z JAN 12) . The capabilities MSV 2.0 will provide were previously provided by MAC sea-based Task Order 0002 ships (DDG class ships), but due to a near term shortage of DDGs, the Navy is unable to support the continued sea-based mission for approximately 18 months beginning in November 2015.

The estimated value of the new UAS ISR Services requirement is $32.7M, inclusive of all options to increase the level of sensor data support and option periods as needed.

4. Identification of the Justification Rationale (see FAR 16.505(b)(2)) and, if applicable, a Demonstration of the Proposed Contractor’s Unique Qualifications to Provide the Required Supply or Service:

(2) Only one awardee is capable of providing the supplies or services.

Supporting Information:

FAR 16.505 (b)(2)(ii) states that “Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.”

Due to the tasking and mission in the NAVCENT Areas of Responsibility (AOR) that is stated in

RFF 960, RFF 1329, and a classified CENTCOM EXORD, the Insitu ScanEagle UAS is the only system capable of integrating the KITE/Son of KITE payloads which are required.

The installation schedule and deployment date are other significant factors. Insitu ScanEagle is the only source who can meet the scheduled deployment of MSV 2.0 in October 2015. This allows only four months for design work, system installation and underway system shakedown and training. This schedule makes a competitive contracting process and payload integration/testing unrealistic and Insitu ScanEagle UAS the only viable option that meets the customer's requirements and schedule.

5. A Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable:

In accordance with FAR 15.402(a), the Contracting Officer shall ensure that all supplies and services ordered under the contract are procured at a fair and reasonable price. The contractor will be required to submit a proposal for this effort with sufficient information to support the accuracy and reliability of the estimate. The contractor will submit cost and pricing data in accordance with FAR 15.403-3. Experienced technical analysts and contract specialists, with the aid of necessary field pricing support, will review the contractor's proposed cost. Analysis will be based on information such as historical costs and rate recommendations provided by field pricing support agencies (Defense Contract Management Agency and

Defense Contract Audit Agency). The contracting officer will use cost and price analysis as the basis of negotiating a fair and reasonable price for the required efforts stated herein.

6. A description of the market research conducted among schedule holders and the results or a statement of the reason market research was not conducted.

Due to the rationale set forth in paragraph 4 and IAW FAR 5.202(a)(11), market research was not conducted.

7. Any Other Facts Supporting The Justification.

N/A.

8. A Statement of the Actions, if any, the Agency May Take to Remove or Overcome any Barriers that

Led to the Exception to Fair Opportunity before any Subsequent Acquisition for the Supplies or

Services is Made:

Future requirements for UAS ISR Services which fall within the parameters of the UAS ISR Services MAC will be competed among the MAC awardees unless an exception to Fair Opportunity exists in accordance with FAR 16.505(b)(2).