FOJ_20_0367_OIR Lot 3 - 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_20_0367

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 issuance of a follow-on task order to AAI Corporation (Textron Systems) 124 Industry Lane, Hunt Valley, MD, under competitively-awarded Contract N00019-17-D-0096 to continue land-based

Unmanned Aircraft Systems (UAS) Intelligence, Surveillance and Reconnaissance (ISR)

Services at two sites in support of Operation Inherent Resolve (OIR) under United States Central

Command (USCENTCOM) Overseas Contingency Operations (OCO). This follow-on task order is part of the NAVAIR PMA-263 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 selected.

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

Textron Systems currently provides UAS ISR services at OIR Sites 6 and 7, delivering up to 600 sensor data hours per month at each site to meet USCENTCOM requirements under N00019-17-

D-0096-N0001918F6028. The final deployment support option of the existing task order ends on

28 September 2020. The follow-on task order procurement will meet the USCENTCOM requirement for continued services, is anticipated to have a period of performance through March

2021, and will have an estimated value of $14M, inclusive of all options.

Estimated Dollar Value in Thousands

FY20 FY21 Total

O&M,N OCO $7,000 $7,000 $14,000

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.

FAR 16.505(b)(2)(i)(B) – The order must be issued on a sole-source basis as it is the only awardee capable of providing the services required at the level of quality required because the services are unique or highly specialized. Textron Systems is currently operating the Aerosonde

UAS at OIR Sites 6 and 7 under N0001918F6028. To conduct a fair opportunity competition, NAVAIR relies on the expectation of more than one source capable of performing the required services. The 15 March 2020 closure to contractors of the CONUS Replacement Center (CRC) in

Ft. Bliss, TX prevents contractors from securing mandatory training and medical screening for their field service representatives to deploy, and thus renders the non-incumbent MAC awardees incapable of providing the required services. Any break in service would endanger the warfighter, non-combatants, and the USCENTCOM mission. As Textron Systems has personnel and equipment on site, it is the only source capable of delivering uninterrupted services to meet the requirement.

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 field pricing support as necessary, 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.

Closures and restrictions related to the COVID-19 global pandemic have disrupted movement of personnel and material in support of USCENTCOM requirements. NAVAIR does not have the authority to waive the CRC requirement and, lacking a firm timeline for facility reopening, NAVAIR’s use of a prospective or hypothetical date for use by offerors in preparing fair opportunity proposals would be arbitrary, and therefore NAVAIR would not be able to conduct a meaningful proposal evaluation on that basis.

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) 757-6003 _________

Signature Glenn A. Heisler Phone No. Date

CONTRACTING OFFICER CERTIFICATION

_________________________ _____________________________ (301) 757-5902 _________

Signature Stephanie N. Dunlap Phone No. Date

APPROVED

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).

Malyna Geiger Date

Director, Unmanned Aviation & Strike Weapons

Procurement Department