HC1028-08-D-2022-0002 JA.doc

EXECEPTION TO FAIR OPPORTUNITY JUSTIFICATION & APPROVAL

Purchase Request Number: HC1028-08-D-2022-0002

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (OTFAOC)

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

Justification for OTFAOC Number:

Upon the basis of the following justification, I, as Contracting Officer, hereby approve the use of other than full and open competition of the proposed contractual action pursuant to the authority 10 U.S.C. 2304c(b)(1) the agency's need for the services or property ordered is of such unusual urgency that providing such opportunity to all such contractors would result in unacceptable delays in fulfilling that need, Task and Delivery Order Contracts: Orders – Fair Opportunity Exceptions.

JUSTIFICATION

1. REQUIRING AGENCY AND CONTRACTING OFFICE: (FAR 16.505(b)(2)(ii)(B)(1)) Requiring Activity:

Space and Naval Warfare Systems Center Atlantic, New Orleans Office

2251 Lakeshore Drive

New Orleans, LA 70122-3533 Contracting Office:

Defense Information Technology Contracting Office (DITCO)

Bldg 3600

2300 East Drive

Scott AFB, IL 62225

2. NATURE/DESCRIPTION OF ACTION(S): The US Navy requests an award of a non-competitive bridge contract to Lockheed Martin Integrated Systems to extend the current period of performance (30 Sep 11 – 29 Mar 12) by one month. The current task order is Cost Plus Fixed Fee (CPFF). This modification will increase the current task order by $306,963.50 for the additional month of performance. This modification will be funded with fiscal year 2012 operation and maintenance funds.

3. DESCRIPTION OF SUPPLIES/SERVICES: Contractor shall provide all the qualified personnel, organizational resources, and management control to operate and maintain the NSIPS Analytics Environment and its associated functionality. This support is for a fully deployed system that must be maintained to meet the needs of the Department of the Navy. No change to current PWS required. The period of performance will be 30 Mar 12 – 29 Apr 12. There are no option periods. The life-cycle cost of the task order will increase from $13,025,425.74 to $13,332,389.24.

4. IDENTIFICATION OF STATUTORY AUTHORITY and DEMONSTRATION OF CONTRACTOR’S UNIQUE QUALIFICATIONS:

(a) The following exceptions apply to exception to fair opportunity accomplished IAW 16.505:

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

(b) Use of statue is required to prevent a break-in-service for the operation and maintenance of a production pay and personnel system. Lockheed Martin (LM) currently provides support via HC1028-08-D-2022/0002, making LM is uniquely qualified to provide these services for one month. HC1028-08-D-2022/0002 ends 29 Mar 12.

Justification: A one month extension for HC1028-08-D-2022-0002 is required to ensure uninterrupted operation and maintenance support of a fully fielded, Mission Assurance Category (MAC) Level 2 pay and personnel system. If J&A is not approved, there will not be any operations and maintenance support for the Navy’s pay and personnel business intelligence system. This will impact career management for Navy personnel, the administration of future Navy Health Professions personnel, detailed tracking of Navy retention, and the ability to gather pay and personnel data via ad hoc data queries. Initial work to award a replacement task order was started in May 11 with a start date of 30 Sep 11. However, the Request for Proposal was only out to vendors for 17 days. Since this didn’t meet DITCO’s mandatory 30 days for an RFP to be posted, a 30 day request for proposal was initiated, requiring start date to be pushed past 30 Sep 11. The $1,820,037 in available funding was placed on an extension to the task order since the start date was delayed past the end of the fiscal year.

(1) The minimum requirements of the Government is to extend work in HC1028-08-D-2022/0002 for one month to allow time for offerors to submit revised Technical/Management Proposals and Cost Proposals. Revised proposals are necessary since it took longer than anticipated for contractors to fully understand the requirements of the replacement task order for HC1028-08-D-2022/0002. The one month duration of the extension allows sufficient time for contractors to revise their proposals and develop a strategy for executing the work.

(2) The proposed sole source contractor is Lockheed Martin (LM). LM currently provides support via HC1028-08-D-2022/0002, making them uniquely qualified to provide these services for one month. LM staff has extensive knowledge of NSIPS Analytics, Navy pay and personnel regulations and policy, and the software applications supporting the development, testing, and configuration of software patches. For any other vendor to perform for this brief, 1 month POP would be impracticable and result in high administrative/turn over costs that are not in the best interest of the Gov for such a brief effort.

(3) Work is on a Government site and there is a significant lead time for getting new personnel on-site. Since approximately 30% of the current contractor’s staff is sub-contractors working for a variety of companies, another company would most likely have to replace these personnel or attempt to get establish contracts with the current contractor’s existing subcontractors.

(4) The other MAC holders could not meet the stated requirement due to the one month duration and a required start date of 30 Mar 12.

Impact: If J&A is not approved, there will not be any operations and maintenance support for the Navy’s pay and personnel business intelligence system. This will impact career management for Navy personnel, the administration of future Navy Health Professions personnel, detailed tracking of Navy retention, and the ability to gather pay and personnel data via ad hoc data queries.

5. COST/PRICE FAIR AND REASONABLE DETERMINATION: (FAR 16.505(b)(ii)(B)(5) Rates have been established within the basic ENCORE II contract. All rates set forth in the contract, and used on individual orders, were based on full and open competition and a price analysis was accomplished. Proposed task order rates and loadings will be compared with the basic contract rates and loadings and verified as fair and reasonable. The total estimated value for this requirement is $306,963.50. Cost estimate is based on comparison for current task order.