J A _Exception_to_Fair_Opportunity.pdf

DMEA 16-18

Justification for Exception to Fair Opportunity for

Advanced Technology Support Program III (ATSP3) Indefinite Delivery / Indefinite Quantity (IDIQ) Task Order Contract

I. Agency and Contracting Activity: Office of Secretary of Defense, Defense Microelectronics Activity (DMEA)/ MEEB Contracting Office Justification for an Exception to Fair Opportunity in accordance with16.505(b)(2).

II. Nature and/or Description of the Action Being Approved:

This is a new task order under the basic IDIQ contract, H94003-04-D-0006, Raytheon.

III. Description of the Supplies/Services Required To Meet the Agency’s Needs (including the total estimated value, including options, if any):

This effort continues ongoing development of the Common Control System (CCS), primarily focused on providing an initial baseline capability to the PMA-268 MQ-25 program, maturing the key Vehicle Management (VM) component into a completed product, which will be delivered to the MQ-25 program. The purpose of this task is to design, develop, and code a common VM capability that complies with the Unmanned Air System Control Segment (UCS) Architecture, providing comprehensive Ground Control Segment software solutions for MQ-25 program. For this effort, the Triton Ground Control Segment software will be modified to fit on MQ-25 hardware, use the new common CCS VM Capability, and incorporate specified new capabilities to support the MQ-25 Program of Record (POR). The CCS VM capability will be developed in such a way as to maximize commonality of software, requirements, technical documentation and configuration items. It will also attempt to minimize the supportability burden of the software product baseline.

IV. Identification of the Exception to Fair Opportunity (Authority Cited):

FAR 16.505(b)(2)(i)(C), The order must be issued on a sole-source basis in the interest of economy and efficiency as 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.

V. FAIR AND REASONABLE COST DETERMINATION:

"I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable." Actions to insure reasonableness of the price will be accomplished using procedures and criteria contained in FAR 15.4. Cost and pricing data will be requested. Detailed documentation and justification of price reasonableness will be set forth in the Price Negotiation Memorandum.

NAME: ___Jeanne Woodcock_______ DATE: _____28 June 2016_________

TITLE: ___Contracting Officer_______ SIGNATURE: ___________________

VI. Additional Fact Supporting this Justification:

In Calendar Year 2014, NAVAIR provided DMEA/MEE with a requirement (CET 14-4R1) to accelerate the development of the Common Control System (CCS) by integrating the Tactical Control System (TCS) and the

WOODCOCK.JEAN

NE.M.1199372854

Digitally signed by

WOODCOCK.JEANNE.M.1199372854

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=OSD, cn=WOODCOCK.JEANNE.M.1199372854 Date: 2016.06.28 14:26:35 -07'00'

Triton Ground Control Station (GCS) software capabilities to create an integrated infrastructure as the foundation of CCS and increase the number of Unmanned Air System Control Segment (USC) services in the CCS baseline. DMEA sought competition on the requirement under their existing ATSP3 IDIQ wherein all contractors were given a fair opportunity to be considered for award. Raytheon Systems was the only ATSP3 IDIQ contractor who provided a proposal. The proposal included an excellent technical approach and was determined to be fair and reasonable. Delivery Order 0323 was awarded on 29 September 2014, under Contract Number H94003-04-D-0006in the amount of $10,251,029. The delivery order was modified to include additional scope on 28 May 2015 in the amount of $3,619,233 for a total delivery order ceiling of $13,870,262.

In late calendar year 2015, NAVAIR had a follow on requirement (CET 15-5W4) to develop additional key CCS services to extend the CCS product to support Stingray Ship-Relative Navigation operations. This requirement was also competed under the ATSP3 IDIQ wherein all contractors were given a fair opportunity to be considered for award. Raytheon Systems again was the only ATSP3 IDIQ contractor who provided a proposal. Delivery Order 0362 was awarded on 29 October 2015 under Contract Number H94003-04-D-0006, in the amount of $8,325,044. On 25 March 2016, the delivery order was modified to include additional scope in the amount of $2,181,595 for a total delivery order ceiling of $10,724,321.

In April of 2016, NAVAIR had another requirement (CET 16-659) that would begin to advance the CCS product baseline into the MQ-25. Raytheon Systems again was the only ATSP3 IDIQ contractor who provided a proposal. This delivery order awarded on 28 June 2016 in the amount of $9,995,000. As a logical follow-on to this deliver order, NAVAIR has the subject requirement (CET 16-680) that will complete the CCS product baseline into the MQ-25. It is anticipated that the follow-on delivery order be awarded by 30 September 2016 in the amount of $18,000,000.

Additional justification: CCS supports the development of NAVAIR ACAT I program PMA-268 MQ-25. This program has a U.S. Navy Fleet deployment schedule which requires CCS to meet major milestones for integration and test before Fleet deployment. This effort is a follow on to further advance the CCS product baseline into the MQ-25 under CET 16-659 as summarized above, and at this stage of design and development, Raytheon Systems, as the subject matter expert in CCS development is the only provider capable of supporting this effort. Raytheon Systems maintains extensive working knowledge of the MQ-25 program and is the only source with the requisite technical knowledge and expertise to continue and complete the extensive technical development and integration of CCS within the timeline required to meet the programs’ Fleet deployment milestones beginning in 3QFY18. The time required to develop a second source, would cause significant delay to the programs’ major milestone events, ultimately impacting US Navy Fleet readiness and degrading Unmanned Systems warfighting interoperability.

VII. Actions to Remove or Overcome Any Barriers that Led to this Exception to Fair Opportunity.

This is follow-on to contract H94003-04-D-0006, CET-16-659. The original delivery order was competed under the existing ATSP3 IDIQ wherein all contractors were given a fair opportunity to be considered for award.

Raytheon Systems is the only ATSP3 IDIQ contractor who provided a proposal. Paragraph VI, above, justifies why competition among all awardees is not possible for this acquisition. NAVAIR will require a phase 5 effort to complete the CCS baseline and functional software delivery to two (2) other targeted Navy UAV platforms (MQ- 4C and MQ-8). At the completion of this effort the Government will have the completed design code and documentation in addition they expect to have asserted Intellectual Property rights that are Government Purpose Rights, consistent with contract H94003-04-D-0006 CET-16-659, which will allow a full competitive solicitation for Phase 5.

VIII. CONTRACTING OFFICER CERTIFICATION:

"I certify that this J&A is accurate and complete to the best of my knowledge and belief."

NAME: ___Jeanne Woodcock_______ DATE: _____28 June 2016_________

TITLE: ___Contracting Officer_______ SIGNATURE: ___________________

WOODCOCK.JEAN

NE.M.1199372854

Digitally signed by

WOODCOCK.JEANNE.M.1199372854

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=OSD, cn=WOODCOCK.JEANNE.M.1199372854 Date: 2016.06.28 14:27:02 -07'00'

IX. TECHNICAL or REQUIREMENTS CERTIFICATION:

“I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.”

NAME: ____Dan Sheddy______________ DATE: ___28 June 2016___________

TITLE: ____Technical Program Manager__ SIGNATURE: ____________________

SHEDDY.DANIEL.

RAY.1397085704

Digitally signed by

SHEDDY.DANIEL.RAY.1397085704

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=OSD, cn=SHEDDY.DANIEL.RAY.1397085704 Date: 2016.06.28 14:22:50 -07'00'