J A_-_Redacted.pdf

Justification & Authorization (FAR Part 16) to Extend HC1028-08-D-2015, Task Order 0021

Enclosure 12c, J&A (Part 16) Page 1 of 3 Pages

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JUSTIFICATION & APPROVALS FOR FAR SUBPART 16.5 ACQUISITIONS

(I.) EXECEPTION TO FAIR OPPORTUNITY

(II.) 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: MIPR3CDAJ02013 Contract Number: HC1028-08-D-2015 Task/Delivery Order Number: 0021 Procurement Title: AF/PAK Systems Engineering and Technical (SETA) Support Contracting Office: DITCO/PL8313 Estimated Value: $63,975.14 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 a nine day extension plus one (1) 30 day option of FFP task order HC1028-08-D-2015 (0021), Funds will be Military Intelligence Program (MIP) ends.

3. DESCRIPTION OF SUPPLIES/SERVICES: The AF/PAK Systems Engineering and Technical (SETA) Support task order provides software development oversight, engineering, technical monitoring, and project support resources necessary to support the Anti-Armor Incident Reporting Systems (AAIRS) to ensure the mission requirements and objectives of the JTAPIC partnership and the Army are met. The extension will provide continuity of services until the follow-on SETA contract (Task Order: HC1028-08-D2015-0033), 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 9 business days starting March 20, 2013 –April 1, 2013 + one (1) 30 day optional extension CLIN from April 2 – May 1, 2013 for a total time of March 20, 2013 – May 1, 2013. The estimated cost is $63,975.14.

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. The AF/PAK SETA option year 1 bridge contract period of performance for the AF/PAK Systems Engineering and Technical (SETA) Support expires March 19, 2013(HC1028-08-D- 2015-0021). 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 September 2012. The BAH contract was extended for six months to 19 March 2013 in accordance to FAR 52.217-8.

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 proceeding with the GAO, it because apparent in mid February 2013 that GAO would take the full 100 days to issue the ruling. If the ruling is in favor of the

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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 1 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 The requested extension is for a 9 business days starting March 20, 2013 –April 1, 2013 + one (1) 30 day optional extension CLIN from April 2 – May 1, 2013 for a total time of March 20, 2013 – May 1, 2013 until the protested contract is awarded.

(c) Justification:

(1) Minimum Government requirements. NGIC minimum requirements are 142 hours of ENCORE 2

Labor Category Software Systems Engineer (Intermediate) and Senior Information Technology Expert to ensure the mission requirements and objectives of AAAP and the JTAPIC partnership are meet.

(2) Proposed sole source contractor. Booz Allen Hamilton (BAH) As discussed above, due to the protest and lack of lead time, this is the only action for a continuation of services at 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 Booz Allen Hamilton.

(5) Procurement discussion. Please see section 4. (b) above for details on the protest and follow-on acquisition. The requested extension is for a 9 business days starting March 20, 2013 –April 1, 2013 + one (1) 30 day optional extension CLIN from April 2 – May 1, 2013 for a total time of March 20, 2013

– May 1, 2013. The estimated cost is $63,975.14.

(6) Impact: The mission will be severely impacted, potentially causing delays to software development efforts and operational support to AAAP and the JTAPIC partnership.

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 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 loading and verified as fair and reasonable.

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

7. ANY OTHER SUPPORTING FACTS: None

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-2015-0021 was awarded 20 Sep 2010 to BAH after a full and open competition. Option year 1 was exercised in September 2011 and, as described in section 4. (b) above, was extended 6 months 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 reduce to smaller time frames and to price and build this 30 day extension period as an optional CLIN. This will reduce the cost and risk of the Government.

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: _______________________

(Print/Type)

TITLE/ORGANIZATION: _____________________________ PHONE: _______________

(Print/Type)

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: _______________________

(Print/Type)

TITLE/ORGANIZATION: _____________________________ PHONE: _______________

CONTRACTING OFFICER CERTIFICATION: I certify that this justification is accurate and complete to the best of my knowledge and belief.

NAME: ______________________ SIGNATURE: _______________________

(Print/Type)

TITLE/ORGANIZATION: _____________________________ PHONE: _______________

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).