JA FCI COMSATCOM Bridge 7-12-2012 -FedBizOps.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (OTFAOC)

LIMITED SOURCES JUSTIFICATION

Justification for OTFAOC Number: JA 12-115

Upon the basis of the following justification, I, as the Procuring Activity Competition Advocate, hereby approve the use of other than full and open competition of the proposed contractual action pursuant to the authority of 10 U.S.C. 2304c(b)(2).

JUSTIFICATION

1. REQUIRING AGENCY AND CONTRACTING OFFICE:

Requiring Activity: Defense Information Systems Agency (DISA) Network Services, Commercial Satellite Communications (COMSATCOM) Center (NSK) Ft. Meade, MD 20755-

Contracting Activity: Defense Information Systems Agency (DISA) Defense Information

Technology Contracting Organization (DITCO), Procurement Logistics Division (PLD61), National Capital Region (NCR), Ft. Meade, MD 20755-7088

2. NATURE/DESCRIPTION OF ACTION(S): This action will extend required support provided through an existing task order awarded to Femme Corp Incorporated (FCI) under the

ENCORE II, HC1028-08-D-2007-VC18, multiple-award, Indefinite Delivery/Indefinite Quantity

(ID/IQ) contract. This task order currently expires on 01 July 2012. This Justification will allow for extension of this support for a base period of two months. This bridge action is required to provide continued critical support services for COMSATCOM operations and will also provide a transition of these critical services from the incumbent contractor to the new contractor. The bridge is also required to allow time for the new contractor to obtain a Technical Expert Status

Accreditation (TESA) (required for performance) in accordance with Article 73 of the

Supplementary Agreement to the NATO Status of Forces Agreement between Germany and

United States. This bridge will assure critical and uninterrupted support to cover 10,000

COMSATCOM users and services, ensure continuity of COMSATCOM operations, allow sufficient time to transition capabilities to a new contractor, and allow time for the new contractor to obtain the TESA approval from the German government as required. The period of performance for this bridge extension will be for one 60 day base period and will include two

30 day optional periods, with the base period beginning on 2 July 2012. The task order is a Firm

Fixed Price (FFP) delivery order.

3. DESCRIPTION OF SUPPLIES/SERVICES: The objective of this acquisition is to provide

DISA's COMSATCOM Center with engineering, acquisition, program management, and support services including providing knowledge and expertise regarding commercial satellite communications industry business practices and processes, commercial satellite network technologies, financial structure and pricing models , systems engineering, and technical assistance. The COMSATCOM Center is responsible for developing and executing a comprehensive, capabilities-based, strategic approach for planning, provisioning, acquiring, managing, and sustaining Fixed Satellite Services (FSS), Mobile Satellite Services (MSS), and

Enhanced Mobile Satellite Services (EMSS) for the Joint Warfighter. Because of the complex and often unknown nature of the Warfighter requirements, capabilities, and deployed user network infrastructure and configurations, COMSATCOM subject matter experts are required to assist the Government in planning and integrating, cost-effective acquisitions, the effective provisioning of services, integrated management of operations, and alignment of collateral programs.

This modification will provide the critical expertise/skill sets necessary to support the

COMSATCOM Center mission until the ongoing acquisition for continued support is awarded and will also provide a transition period from the incumbent contractor to the new contractor.

This bridge action will provide engineering and technical assistance in the management of the

COMSATCOM Team in its ongoing effort to support Combatant Commanders (COCOMs), Military Services and Agencies validated requirements. The specific goals of this extension are to provide the requisite contractor management, integration, technical, operational financial expertise, and support to assist the COMSATCOM Team in executing their roles and responsibilities per CJCSI 6250.01C and to transition these functions from the incumbent to the successor contractor. The overall objective is to continue support for DISA’s execution of its

SSE responsibilities, and worldwide COMSATCOM support to DISA’s customers COCOMs, Military Services, and government agencies without mission impact.

COMSATCOM systems supported by this extension are FSS, MSS and EMSS capabilities.

Contractor responsibilities include assisting the Government in facilitating operations, planning, designing, and engineering, overseeing the operational provisioning, installation, and reconfiguration of networks; and the full range of acquisition, financial, and resource management required to maintain the COMSATCOM capabilities. The contractor also provides expertise to support operational issues associated with DoD’s commercial satellite service usage, and support personnel to represent the program office at the Regional SATCOM Support Centers

(RSSC’s), the Global SATCOM Support Center (GSSC), and DISA Central Field Command

(DISA-CENT) office. The ability to successfully meet operational requirements in a timely and accurate manner is critical.

The extension required for this transition period will be a modification to the current task order and will be identified in separate CLINS added to the task order to distinguish the work to be obtained by the proposed modification for the bridge period and basic work. This modification is executed under FAR clauses 52.237-3 (Continuity of Services) for this noncompetitive bridge contract action.

The Task Order was initially awarded 02 August 07, with a base period of performance from 02

August 07 – 01 August 08, with two one year option periods which were exercised. The Task

Order was then extended for six months from 02 August 10 – 01 February 11. The Task Order was then non-competitively rewarded to incumbent under Encore II for one year on 02 February

11 – 01 February 12, an additional six month bridge modification was executed for the period of

02 February 2012 to 01 July 2012. The contract type will be FFP.

4. IDENTIFICATION OF STATUTORY AUTHORITY: 10 U.S.C. 2304c (b) (2) as implement by 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.

5. DEMONSTRATION OF CONTRACTOR’S UNIQUE QUALIFICATIONS: FCI has been supporting this effort since 02 August 07, the initial task order award date. Under the most recent Encore II award for this effort and in accordance with FAR 52.217-9, the task order was extended six months to allow for competition of the new follow on effort. This support requirement was combined with a similar task order to form a new competitive follow-on effort.

The solicitation was posted to GSA eBuy amongst all GSA Professional Engineering Services

(Schedule 871) contract holders; tracking # HC1047-121-R-4014.DITCO NCR is in the process of evaluating proposals for award of this follow on acquisition. Therefore, continued contractor support is required to provide continued crucial support services provided by FCI and until the new contractor can transition to fully supporting the requirement.

FCI is the only known source that can meet the COMSATCOM’s urgent requirements at this time. FCI has the specialized clearances, certifications, network access, expertise, and resident knowledge to continue to support COMSATCOM without significant impact to operations.

COMSATCOM organization estimates that if this bridge modification is not executed, the organization could experience unacceptable interruption of support and subsequent mission impact for at least 60 days.

IMPACT: FCI provides critical support for COMSATCOM communications functions in the employment of the commercial satellites. It is essential that personnel supporting the

COMSATCOM Center possess the intellect, competence, and aptitude necessary to analyze and execute complicated tasks. FCI has the unique and precise qualifications to meet these requirements. In order to maintain operational readiness and ability to perform its primary mission, the warfighter cannot afford any interruption in COMSATCOM services. Failure to employ contractor support of this quality and caliber could jeopardize COMSATCOM Center’s mission leading to severe degradations in service and support to the warfighter, resulting in mission delays or failures, and the potential loss of life.

Replacing the personnel without a transition period would cause an unacceptable lapse in provision of the required support. A transition period is required to allow for the processing of the new personnel and then training them to assume ongoing management, and technical duties.

To replace the personnel currently in-theater without a transition period would be unacceptable specifically for the United States European Command considering that the European personnel provide vital operational support to the personnel in Southwest Asia SWA and Bosnia/Kosovo and TESA status is required prior initial performance by the new contractor. The TESA status may take up to twenty six weeks to obtain approval through the German government. TESA status is required to work in Germany in support of US forces (this includes on base privileges, tax advantages, identification, etc).

As a result, the Government does not have the option of pursuing any other contracting avenue as it cannot accept the level of risk that would be required by retraining any other company at this time to perform the required services. Therefore, it is in the best interest of the Government to extend this Task Order.

The period of performance for this bridge action is a total of two months, with two one month options. This bridge action will enable sufficient time to train and transition the new contractor and to allow time for the required TESA certification, without unnecessarily extending the sole-source bridge task order.

6. DETERMINATION OF FAIR AND REASONABLE COST: The Contracting Officer will negotiate prices consistent with the current task order, IGCE, and the rates established in the

Encore II base contract. The Contracting Officer has determined this method will result in the best value to the government. The contracting officer will make a determination that prices are fair and reasonable.

7. MARKET RESEARCH: From November 2011 to January 2012, prior to the initial six month extension of this task order, market research conducted and completed by COMSATCOM personnel which revealed that FCI was the only vendor that could immediately satisfy the

Government’s minimum essential requirements. These essential requirements include expertise in engineering and technical assistance in the management of the COMSATCOM Team as an ongoing effort to support Combatant Commanders (COCOMs), Military Services and Agencies validated requirements.

The research was performed to identify competitive sources that could provide the mission essential support as well as meet the critical time line immediately without loss of mission operations integrity. Potential sources were identified by COMSATCOM experts as well as leveraging search engines on market research such as FBO, GSA Advantage, govcon.com, imart.org, and industrylink.com. Market research was conducted to identify vendors, large and small. FCI was the only known vendor capable of providing uninterrupted/critical support to the

COMSATCOM. Based on the specialized nature of the support services currently performed by

FCI and the hands-on knowledge that this transition modification will provide to the new contractor, no other contractor could perform the work covered by this modification.

Awarding this contract action to FCI will maintain mission integrity for critically manned positions. FCI is the only contractor that can provide the required support and transition training at this time while maintaining mission integrity and continuity of service. No other vendor can be found that can provide the same level of support.

8. ANY OTHER SUPPORTING FACTS: This bridge effort is to allow for time obtaining a

TESA for the new contractor and a transition period.

9. ACTIONS TAKEN TO REMOVE BARRIERS TO COMPETITION: Due to the nature of the acquisition, a short-term sole-source modification is required. The follow on acquisition was competed among all GSA 871, Professional Engineering Services Small Business contract holders in compliance with the fair opportunity rules.

(a) Procurement history.

(1) The initial Task Order was awarded August 2, 2007 under NEXGEN with two (6) month options, two (12) month options and one (6) month option to extend services was granted in August 2010 before re-awarding on ENCORE II. The current task order was awarded to FCI under ENCORE II HC1028-08-D-2007/VC18, multiple-award, Indefinite Delivery/Indefinite Quantity (ID/IQ) contract on 02 February 11, with a base period of performance from 02 February 11 – 01 February 12 with no options. The

Task Order was then extended for six months from 02 February 12 – 01 July 2012 under FAR Clause 52.217-8, Option to Extend Services. This task order currently expires on 01 July 2012.

10. Reference to the Approved Acquisition Plan (AP)/Program Plan (PP): Not Applicable