FOJ_19_0276_Redacted.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_ 19_0276

JUSTIFICATION FOR AN

EXCEPTION TO FAIR OPPORTUNITY

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 modification of competitively-awarded Contract N00019-17-D-0096 Task Order N0001918F2554 to add 600 hours of services monthly to one site in support of Security Forces Assistance Brigade operations across the battlespace for two sites awarded on this task order to AAI Corporation, 124 Industry Ln., Hunt Valley, MD. The resulting task order modification will modify the option periods of performance. This task order procures land-based Unmanned Aircraft Systems (UAS) Intelligence, Surveillance and Reconnaissance (ISR) Services in support of US Central Command (USCENTCOM) Overseas Contingency Operations (OCO) for United States Forces Afghanistan (USFOR-A). This task order was awarded under the NAVAIR UAS ISR Services Multiple Award Contract (MAC) for which Insitu, Inc., of Bingen, WA, PAE ISR, LLC. of Sterling, VA, and Academi Training Center LLC. of Reston, VA were also awarded contracts.

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

AAI Corporation is currently providing UAS ISR Services in support of USCENTCOM requirements, delivering up to 600 sensor data hours per month to USFOR-A Sites G and H.

This modification will meet the increased requirement for 600 additional sensor data hours per month for Option Periods 1 and 2, totaling twelve (12) months, to both Sites G and H (300 hours at each hub; 300 hours at each spoke). The estimated value of this task order modification is $20M.

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.

This modification is in response to USCENTCOM operational necessity in order to support Security Forces Assistance Brigade operations across the battlespace at USFOR-A Sites G and H serviced by AAI Corporation. It is imperative that interruption of ISR services at USFOR-A Sites G and H are minimized as it would endanger the warfighter, non-combatants, and the mission of USCENTCOM. In accordance with FAR 16.505(b)(2)(i)(A), this modification must be issued on a sole-source basis as “the need for the services is so urgent that providing a fair opportunity would result in unacceptable delays”. The acquisition cycle time required to award a separately competed follow-on contract would result in a delay in service of approximately 90 days. Based upon its current operations at USFOR-A Site G and H, AAI Corporation is in a position to provide uninterrupted service.

Additionally, this modification will ensure support for Security Forces Assistance Brigade operations across the battlespace for the option periods, should those options be exercised. In accordance with FAR 16.505(b)(2)(i)(C), the modification “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 a competitively awarded contract for which all awardees were originally given a fair opportunity to be considered for the original award”. Specifically, the current task order was originally awarded in March 2018 with a base year plus two option periods totaling a deployment period of performance of 25 months.

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 or pricing data in accordance with FAR 15.403-4. 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. Any other Facts Supporting the Justification.

The cost to the Government in administrative effort associated with re-competing the order, including the remaining option periods, would likely outweigh any savings that might be realized from competing the additional service requirement.

7. 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).

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance which are included in this Justification and its supporting acquisition planning documents, except as noted herein are complete and accurate to the best of my knowledge and belief.

Technical Cognizance:

_________________________ ___________________________ (301)757-5839 _________ Signature Douglas L. Thorp Phone No. Date

Requirements Cognizance:

_________________________ ___________________________ (301)757-5858 _________ Signature COL John Neville Phone No. Date

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

_________________________ ___________________________ (301) 757-0588 ________ Signature James B. Travis Phone No. Date

CONTRACTING OFFICER CERTIFICATION

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

_________________________ __________________________ (301) 342-1862 _______ Signature Stephanie N. Dunlap Phone No. Date

APPROVED

I certify that circumstances in both FAR 16.505(b)(2)(i)(A) and FAR 16.505(b)(2)(i)(C) apply to the proposed order. As such, and upon the basis of the above justification, I hereby approve the solicitation of the proposed procurement described herein using other than full and open competition, pursuant to the authority at FAR 16.505(b)(2)(i).

LINDA MOBLEY Date Assistant Commander for Contracts AIR-2.0, Naval Air Systems Command