2010-0005_-_J A_-_Redacted.pdf

JUSTIFICATION & APPROVALS FOR FAR SUBPART 16.5 ACQUISITIONS

(I.) EXECEPTION TO FAIR OPPORTUNITY

Multiple Award Schedule (MAS)/ Multiple Award Contract (MAC)

Orders under MAC/ Fair Opportunity – FAR 16.505, DFARS 216.505-70, PGI 216.505-70

Purchase Request Number: TBD - insert MIPR No.

Contract Number: HC1028-08-D-2010 Task/Delivery Order Number: 0005 Procurement Title: NGIC Biometric Systems Engineering and Technical Assistance (SETA) Support Contracting Office: DITCO/PL8313 Estimated Value: $631,724.80 Authority: FAR 16.505(b)(2)(i)(A)

(I.) JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

Number: N/A

Upon the basis of the following justification, I, as the Contracting Officer hereby approve this exception to fair opportunity pursuant to the authority of FAR 16.505(b)(2)(i)(A)

1. REQUIRING AGENCY AND CONTRACTING OFFICE:

Army National Ground Intelligence Center (NGIC); DISA-DITCO/PL8313

2. NATURE/DESCRIPTION OF ACTION(S): Request maximum six month extension of FFP task order HC1028-08-D-2010 (0005). Funds will be combination of FY13 O&M and RDT&E.

3. DESCRIPTION OF SUPPLIES/SERVICES: The NGIC Biometrics Systems Engineering and Technical Assistance (SETA) Support task order provides software development oversight, engineering, technical monitoring, and project support resources necessary to support the Biometrics Intelligence Program (BIP), Biometric Identity Intelligence Resource (BI2R) and other biometrics projects to ensure the mission requirements and objectives of the BIP, the DoD, and the intelligence community are met. The extension will provide continuity of services until the follow-on SETA contract (Task Order: HC1028-08-D-2015-0033), which is under protest, is resolved. The GAO decision on the protest is scheduled to be issued on 1 April 2013. The requested extension is for a base period of one (1) month plus five (5) one-month options for a total extension period of 6 months. Each option will be exercised only if resolution of the protest does not occur during the previous period. The estimated life-cycle cost of the procurement is $631,724.80.

The total estimated life-cycle is $XXX.XX. However, funding constraints are limiting the requested proposal from Pragmatics initially to an estimated $XXX.XX. If additional funding becomes available, the contract will be modified to increase the level of effort, however the increase will not exceed the total J&A estimated and approved amount of $XXX.XX.

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: (16.505(b)(2)(ii)(B)(4).

(a) Exception to Fair Opportunity. Providing a fair opportunity is not acceptable course of action because NGIC and DITCO are awaiting resolution of a follow-on contract that is currently under protest and a stop work order.

(b) Description of the Justification. Pragmatics’ option year 1 period of performance for the NGIC Biometrics Systems Engineering and Technical Assistance (SETA) Support task order (HC1028-08-D-2010-0005) concluded on 13 September 2012. A follow-on, competitive SETA contract (HC1028-08-D-2015-0033, tracking number E200474.00) was awarded to Booz Allen Hamilton (BAH) on 5 September 2012.

Pragmatics protested the award, and a stop work order on the new contract (E200474.00) was issued on 12

Justification & Authorization (FAR Part 16) to Extend HC1028-08-D-2010, Task Order 0005

Enclosure 12c, J&A (Part 16) Page 2of 5 Sept2012

September 2012. Pragmatics’ option year 1 period of performance (2010-0005) was extended for 6-months (14 September 2012 – 13 March 2013) via Mods 03 and 04, in accordance with FAR 52.217-8.

(c) DITCO legal Counsel and the KO decided to take corrective action and upon review of the corrective action, award was again made to BAH on 17 December 2012. Pragmatics protested the re-award on 21 December 2012, sending the protest to the GAO for final resolution. The GAO has until 1 April 2013 (100 days) to issue a final ruling on the protest. As the protest proceeded with the GAO, it became apparent in mid February 2013 that the GAO would take the full 100 days to issue the ruling. If the ruling is in favor of the Government and the protest is denied, the stop work order issued to BAH will be lifted and BAH may continue work as the awardee ASAP after1 April 2013. If the protest is sustained, however, DITCO and NGIC will have another 100 days from the date of the GAO decision (1 April 2013) to complete a new acquisition and/or take the action or actions recommended by the GAO. Therefore, NGIC is requesting a 6-month extension to provide continuity of service from 14 March 2013 until the protested contract is awarded.

(d) Justification:

(1) Minimum Government requirements. NGIC’s minimum requirements are XXX hours of ENCORE 2

XXX and XXX hours of ENCORE 2 Labor Category XXX to ensure the mission requirements and objectives of the NGIC BIP, the DoD, and the intelligence community are met.

(2) Proposed sole source contractor. Pragmatics Inc. As discussed above, due to the protest and lack of lead time, this is the only action for a continuation of services for NGIC.

(3) Discussion regarding cause of the sole source situation. The aforementioned protest caused the sole source situation.

(4) Demonstration of unique source. Given the circumstance of the protest, the only possible source is Pragmatics.

(5) Procurement discussion. Please see section 4. (b) above for details on the protest and follow-on acquisition. The requested extension is for a base period of 1 month plus 5 one-month options for a total extension period of 6 months. Each option will be exercised only if resolution of the protest does not occur during the previous period. The estimated life-cycle cost of the procurement is $631,724.80.

(6) Impact: Depending on the outcome of the protest to the follow-on contract, there essentially could be a gap in service for 15 days or more than 100 days. The mission will be severely impacted, potentially causing delays to software development efforts and operational support of the BIP’s BI2R software and project mission support.

5. COST/PRICE FAIR AND REASONABLE DETERMINATION: The cost to the Government will be determined to be fair and reasonable prior to award. The intended action is an extension of an existing task order based on ENCORE II basic contract rate. Rates have been established under the basic ENCORE II contract for all contract years. All rates set forth in the contract, and used on individual task orders were based on full and open competition. Proposed task order rates and loadings were compared with the basic contract rates and loadings and verified as fair and reasonable.

6. MARKET RESEARCH A market research for the follow-on contract (E200474.00) was completed in December 2011 and filed in the contract file for the subject protest effort. Market research from that effort was again reviewed by the mission partner in February of 2012 and found to still be relevant.

7. ANY OTHER SUPPORTING FACTS: None.

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

THE EXCEPTION TO FAIR OPPORTUNITY:

(a) Procurement History. The HC1028-08-D-2010-0005 task order was awarded to Pragmatics on 13

September 2010 after a full and open competition. Option year 1 was exercised in September 2011 and, as described in section 4. (b) above, was extended in September 2012 as result of the protest.

(b) Other actions that are being taken to limit or overcome barriers and reduce the risk of the Government is to price and build this 6 month extension as optional CLINs as one month CLINs. This will reduce the cost and risk of the Government to one month POP’s at a time.

9. REFERENCE TO THE APPROVED ACQUISITION PLAN (AP): N/A

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TECHNICAL CERTIFICATION: I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief.

NAME: ______________________ SIGNATURE: _______________________

(Aaron Fowlkes)

TITLE/ORGANIZATION: _____________________________ PHONE: _______________

(BI2R PM/COR)

DATE: ________

REQUIREMENTS CERTIFICATION: I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief.

NAME: ______________________ SIGNATURE: _______________________

(Aaron Fowlkes)

TITLE/ORGANIZATION: _____________________________ PHONE: _______________

(Print/Type)

DATE: ________

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CONTRACTING OFFICER CERTIFICATION: I certify that this justification is accurate and complete to the best of my knowledge and belief. Since this effort exceeds $150K but does not exceed $650K, this certification serves as APPROVAL.

NAME: Debra L. Powell-Schaffer SIGNATURE:

Contracting Officer

TITLE/ORGANIZATION: DISA/DITCO PL8313 PHONE: (618) 229-9467

DATE:

ALL QUESTIONS REGARDING THIS JUSTIFICATION ARE TO BE REFERRED TO Kyle Cadwallader, Contract Specialist, 618-229-9460.