Bridge_USSOCOM_Redacted.pdf

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U. S. Special Operations Command Deployed Operations
Solicitation number
HC101318F0179
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Exception to Fair Opportunity

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JUSTIFICATION & APPROVAL (J&A) FOR

FEDERAL ACQUISITION REGULATION (FAR) SUBPART 16.5

ACQUISITIONS EXCEPTION TO FAIR OPPORTUNITY

Multiple Award Schedule/Multiple Award Contract (MAC)

Orders under MAC/ Fair Opportunity – FAR 16.505, Department of Defense FAR Supplement

(DFARS) 216.505-70, Procedures, Guidance and Information (PGI) 216.505-70

Purchase Request Number:

Contract Number: GS00Q17NRD4006

Task/Delivery Order Number: HC1013-14-F-0001

Procurement Title: U.S. Special Operations Command (USSOCOM) Deployed Operations

Estimated Value:

Authority: FAR 16.505(b)(2)(i)(B)

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

Number:

Upon the basis of the following justification, I, as the Senior Procurement Executive, hereby approve this exception to fair opportunity pursuant to the authority of FAR 16.505(b)(2)(i)(B).

1. REQUIRING AGENCY AND CONTRACTING OFFICE:

Requesting Agency:

Contracting Activity:

Defense Information Systems Agency (DISA) / Defense Information Technology

Contracting Organization (DITCO) / PL8222

2300 East Drive, Building 3600

Scott AFB, IL 62225

2. NATURE/DESCRIPTION OF ACTION(S):

The estimated value of this J&A has increased to , an increase of

. This increase results from the need to increase surge from 20 percent to 30 percent over the life of the task order. A proposal was received from DRS Global

Enterprise Solutions, Inc. with a final price of negotiated, thus exceeding the initial approved estimate of . The proposal has been evaluated by the and determined to be fair and reasonable by the Contracting Officer.

Fiscal Year 2018 operations and maintenance funding will be used to fund this task order.

Original J&A: The nature of this action is to award a 12-month firm fixed price (FFP) base period with two 3-month option periods to DRS Global Enterprise Solutions, Inc. (DRS) to extend services under task order HC1013-14-F-0001. The period of performance for the current task order ends June 30, 2018. This extension will extend the period of performance by 18

US Special Operations Command (USSOCOM) Deployed Operations-

Page 2 of 6 Pages months if all option periods are exercised. The base period of performance for the bridge will be

July 1, 2018 through June 30, 2019. This extension will ensure continued support for

USSOCOM Deployed Operations telecommunication program while the follow on requirement is procured and allow for a transition period if awarded to other than the incumbent. The total estimated price of this extension is anticipated to be . Fiscal year 2018 operations and maintenance funding will be provided for this extension. The applicable North American

Industry Classification Code is 517410, Satellite Telecommunications.

3. DESCRIPTION OF SUPPLIES/SERVICES: Continuity of services under task order

HC1013-14-F-0001 is required for support of the USSOCOM Deployed Operations telecommunication program. USSOCOM requires continuously available global commercial satellite coverage as well as teleport uplink and downlink services, and terrestrial connectivity between teleports and network gateways. USSOCOM uses the satellite transmission capabilities acquired under HC1013-14-F-0001 whenever Special Operation Forces require commercial satellite communications (COMSATCOM) support at any deployed location. Task order

HC1013-14-F-0001 was originally procured under the General Services Administration’s (GSA)

Complex Commercial Satellite Commercial Solutions program (CS2) which has expired and is no longer a viable contract vehicle. As such the extension of task order HC1013-14-F-0001 will be procured using GSA’s multiple award, Indefinite Delivery/Indefinite Quantity contract vehicle, CS3.

Period of Performance Estimated Cost

Base Period July 1, 2018 – June 30, 2019

Option Period 1 July 1, 2019 – September 30, 2019

Option Period 2 October 1, 2019 – December 31, 2019

TOTAL

4. SUPPORTING RATIONALE, INCLUDING A DEMONSTRATION THAT THE

PROPOSED CONTRACTOR’S UNIQUE QUALIFICATIONS OR THE NATURE OF THE

ACQUISITION REQUIRES USE OF AN EXCEPTION TO FAIR OPPORTUNITY:

(a) Exception to Fair Opportunity. FAR 16.505(b)(2)(i)(B), 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.

(b) Description of the Justification. This justification is to bridge the competitively awarded services provided by DRS under task order HC1013-14-F-0001 until the re-compete acquisition strategy can be executed. Efforts are currently under way to pursue a competitive award, which will provide USSOCOM with the services required to support the Deployed Operations Telecommunications Program. Solicitation release for the re-compete is projected for This bridge continues necessary efforts until the re-compete is awarded.

(c) Justification.

(1) Minimum Government requirements. USSOCOM requires a complete, customized engineered COMSATCOM End-to-End Solution to meet their unique satellite

Page 3 of 6 Pages communications needs. This solution includes fixed satellite services, mobile satellite services components, and service enabling components such as terminals, teleport, and terrestrial interface tail circuits. USSOCOM also requires that the contractor have the ability to supply licensing, integration, network management and engineering services.

(2) Proposed sole source contractor. The proposed sole source contractor, DRS, is the incumbent and the only source that can fulfill this requirement without risk of a substantial break in service/support to the USSOCOM Deployed Operations telecommunications users while the Agency procures the follow on requirement and transitions services to a new award.

(3) Discussion regarding cause of the sole source situation. All of the communication services used by USSOCOM are crucial to maintaining command and control of

Special Operations Forces (SOF) worldwide. A lapse or change in service, even if only temporary, could isolate some locations from a communications standpoint and be catastrophic to the warfighter’s ability to execute their USSOCOM mission directives. To transition to a new network would require a non-incumbent contractor to support the cost of setting up the new network without the use of any Government-

Furnished Equipment (GFE) purchased. This is due to the fact that the existing GFE could not be re-used on the new network until after the new network is operational to prevent a gap in service. Additionally, available bandwidth over several of the regions SOFs operate in is extremely low availability. Another offeror would have to purchase enough bandwidth to support USSOCOM requirements; these costs would be duplicated on either the same or different satellites that cover the specific areas under the current USSOCOM task order. A change to a new satellite or different transponders while maintaining the existing bandwidth is physically impossible due to interoperability issues. This substantial duplication of cost to the Government is not expected to be recovered through competition. Moreover, reconfiguration of the numerous communication links will impact the capability to transmit data and provides the potential for loss of life.

(4) Demonstration of unique source. The incumbent contractor, DRS, is the only source that can fulfill the extension due to its already established network and satellite coverage in support of USSOCOM. The bandwidth currently under contract supports Global Coverage to include Iraq, Afghanistan, Africa, Philippines and South America and connects to

These links provide the means for Defense

Information Systems Network Secure Internet Protocol Routed Network, Non-secure

Internet Protocol Routed Network and Defense Switched Network connectivity in these locations. The links also provide the conduit for passing intelligence data obtained within the region. A lapse or change in service, even if only temporary, could isolate some locations from a communications standpoint and be catastrophic to the warfighter’s ability to execute their USSOCOM mission directives. It is imperative that the commercial satellite services currently being provided under this task order be extended to allow for a smooth transition to the anticipated follow-on effort.

Page 4 of 6 Pages

(5) Procurement discussion. The follow on requirement is being conducted in conjunction with the bridge contract and will be competed amongst the GSA

Information Technology (IT) Schedule 70 contract holders.

(6) Impact. If HC1013-14-F-0001 is not extended, it will have severe impact to SOF in deployed locations. Without the extension of these valuable services it could cause loss of life, limb, liberty, as well as, mission failure.

5. COST/PRICE FAIR AND REASONABLE DETERMINATION: GSA has already determined that prices of supplies, fixed price services, and rates for services offered at hourly rates are fair and reasonable for the purpose of establishing the schedule contract. However, the

Contracting Officer (KO) is still required to make a determination of fair and reasonable pricing for individual orders using the proposal analysis techniques at FAR 15.404-1. Based on historical data, it is anticipated that the cost to the Government for this extension will not be greater than current commercial pricing. Similar task orders utilizing the same satellites used in this task order will be used for comparison purposes, the Independent Government Cost

Estimate, and published price lists will be used in the KO’s fair and reasonable analysis. A further determination will be made by the KO that the action represents the best value to the

Government by conducting both a technical and price evaluation as part of a fair and reasonable price determination.

6. MARKET RESEARCH: USSOCOM issued a request for information (RFI) in November

2017 and received responses from five COMSATCOM vendors. Of the five vendors, DRS is the only provider capable of fully supporting the Governments immediate need. Responses to another RFI sent to CS3 contract holders in January confirm that competition exists for the follow-on effort. Therefore, through the market research conducted, it was determined that the follow-on contract would be competed against GSA IT Schedule 70 contract holders.

7. ANY OTHER SUPPORTING FACTS: There are no other supporting facts.

8. ACTIONS THE AGENCY MAY TAKE TO REMOVE OR OVERCOME BARRIERS

THAT LED TO THE EXCEPTION TO FAIR OPPORTUNITY:

(a) Procurement History.

(1) Task Order Number: HC1013-14-F-0001

(2) Award Date: October 18, 2013

(3) Contract Type: FFP

(4) Incumbent and their size: DRS Global Enterprise Solutions, Inc. /large business

(5) Method of previous acquisition: Competed among GSA Indefinite

Delivery/Indefinite Quality contract holders

(6) Status: Current requirement is in its fourth option period which will expire on

June 30, 2018. The follow on requirement is under review by DITCO KO and contract specialist.

Page 5 of 6 Pages

(b) The Government anticipates that no additional sole-source actions will follow this extension as the Government is currently processing the procurement package for the recompete acquisition. The recompete acquisition will be posted for full and open competition under a GSA IT Schedule 70 contract vehicle.

9. REFERENCE TO THE APPROVED ACQUISITION PLAN (AP): In accordance with the

Determination and Findings titled “Class Deviation for Development of Acquisition Plans for

COMSATCOM Requirements Under the Future COMSATCOM Services Acquisition Program”, signed by the Head of the Contracting Activity on January 10, 2013, an AP was not required.

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