JA_FSR Bridge_15Dec2011.pdf

UNCLASSIFIED//FOUO

FAR PART 6 JUSTIFICATION

for Other Than Full and Open Competition (OTFAOC) Purchase Request Number:

Justification for OTFAOC Number: JA12-014

Upon the basis of the following justification, I, as 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. 2304(c)(1).

JUSTIFICATION

1. REQUIRING AGENCY AND CONTRACTING OFFICE:

Defense Information Systems Agency (DISA), Defense Information Technology Contracting Organization-National Capitol Region (DITCO-NCR), Special Projects Division.

2. NATURE/DESCRIPTION OF ACTION(S):

This action seeks to award a stand-alone bridge contract to Solutions Development Corporation, hereinafter “SDC”, a small business from LaPlata, MD, to ensure United States Government (USG) continuity of operations as they pertain to critical satellite-based communications capabilities, namely, the Distributed Tactical Communications System (DTCS). Said bridge contract shall not exceed $5,000,000.00, and the effective period of performance will be 01 January 2012 – 30 April 2012 (four months). The place of performance shall be world-wide with the exception of countries/locations that are unauthorized or otherwise not approved by the USG.

Said contract shall contain both Firm-Fixed-Price (FFP) and Cost-Reimbursable contract line items (CLINs), and may be funded by the Defense Working Capital Fund (DWCF) and/or appropriated funds to include Operations & Maintenance (O&M) and Research & Development (R&D).

3. DESCRIPTION OF SUPPLIES/SERVICES:

Existing single award IDIQ contract HC1047-10-D-4000 was awarded to SDC with a ceiling of $25,000,000.00. The contract is a Firm-Fixed-Price (FFP) and Cost-Reimbursable hybrid for which different types of funding have been provided to support the mission to include funding from the DWCF and appropriated O&M and R&D.

Awarded under FAR authority 6.302-2, “Unusual and Compelling Urgency”, the original ordering period was 01 August 2010 – 31 July 2011. Subsequently, contract clause FAR 52.217- 8, “Option to Extend Services”, was invoked against the lone task order (0001) furthering the performance period of that task order to 31 December 2011 (the base contract ordering period was not extended). In the interim, a competitive small business set-aside solicitation was issued for a follow-on IDIQ contract vehicle. The Source Selection Team for the follow-on contract is in the midst of the evaluation process; hence, in order to preclude a lapse in support, a separate stand-alone bridge contract is required.

The existing contract was awarded on behalf of DISA’s Enhanced Mobile Satellite Services (EMSS) programme and provides Field Service Representative (FSR) and other technical and engineering expertise in support of the DTCS. The services rendered under this contract are largely performed in the Middle East, and in other areas of the world where the USG has a requirement to achieve beyond-line-sight secure and non-secure communications. Accordingly, the beneficiaries of this contract extend beyond DISA to all USG agencies and other authorized and sponsored entities requiring service. As part of a plethora of technical and logistical functions, the contractor personnel manage satellite “nets”; without this essential support, service to end-users may cease, rendering an unacceptable lose of a critical communications medium.

The bridge contract shall remain under the jurisdiction of the EMSS programme, and will continue to support all USG agencies and other authorized and sponsored entities leveraging the DTCS. The bridge contract shall not exceed $5,000,000.00, and the effective period of performance will be 01 January 2012 – 30 April 2012 (four months).

4. IDENTIFICATION OF STATUTORY AUTHORITY:

10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1, “only one responsible source and no other supplies or services will satisfy agency requirements."

5. DEMONSTRATION OF CONTRACTOR’S UNIQUE QUALIFICATIONS:

SDC is logistically postulated to provide this support under the pressing circumstances currently realized by the USG. In regards to the required technical and experience qualifications, SDC has been providing critical support to this effort since its inception at Naval Surface Warfare Center

– Dahlgren Division (NSWCDD) in the mid-2000s, and was deeply embedded in predecessor efforts. Consequently, the company is intimately familiar with all facets of the programme, and retains the organic knowledge of the effort to provide continued essential FSR support effective immediately.

Most notably, however, is the fact that SDC is currently under contract (ref. aforementioned HC1047-10-D-4000) with DISA/EMSS to provide this exact support. The contractor has trained and experienced personnel who are currently deployed to the places of performance –namely, United States Central Command (USCENTCOM)- and can retain these individuals in theatre for the duration of the bridge. No other contractor has the specific EMSS/DTCS knowledge or experience and is geographically in position to provide the immediate level of effort this bridge contract demands. Therefore, SDC is unique in that they are the only vendor able to perform this effort and execute the requirement at the present time without the Government assuming an unacceptable level of risk. Specifically, awarding the bridge contract to a non-incumbent would require an appropriate transition such that the new contractor could retain qualified personnel able to execute at the expected performance level immediately. Moreover, there are specific requirements to gain access to theatre; the Government does not maintain the confidence that a non-incumbent could assemble a qualified team in time to preclude a gap in service. Failure to meet these requirements could jeapordize USG missions and therefore endager the lives of those individuals leveraging the service – a predicament the USG cannot accept.

The EMSS programme is in the midst of the follow-on competitive acquisition process for a permanent support contract, and this bridge shall afford the requisite time to complete that process and allow time for a reasonable transition if necessary. Accordingly, the bridge contract is required due to an unanticipated delay in the source selection process which has threatened a break in service if this bridge contract is not awarded. As the details of the follow-on acquisition remain “Source Selection Sensitive” per the FAR, the team is unable to provide greater granularity at this time. However, the team is confident a four (4) month bridge contract is sufficient to conduct and conclude a legal and meaningful source selection.

6. FEDBIZOPPS ANNOUNCEMENT/POTENTIAL SOURCES:

The J&A for existing contract HC1047-10-D-4000 was published on FBO. Only one (1) source, SDC, was determined viable to meet the requirement at the time contract HC1047-10-D-4000 was contemplated.

As indicated, the follow-on small business set-aside competitive solicitation (which is currently under source selection) was synopsized on FBO in accordance with all applicable regulations.

This J&A shall be published on FBO in accordance with all applicable regulations.

7. DETERMINATION OF FAIR AND REASONABLE COST:

The Contracting Officer will determine fair and reasonable cost by: obtaining historical cost/pricing information related to the existent DISA/EMSS contract; comparing labor categories and corresponding rates against similar categories offered by other firms of a similar size and structure within the industry; and by requesting “other than cost and pricing data” in accordance with FAR 15 as applicable. As the Government seeks a contract with hybrid CLINs (FFP and CR), any cost-based labor, overhead and general & administrative rates and profit fees shall be reviewed by Government cost analysts and/or, where available, against the firm’s cognizant Defense Contract Audit Agency (DCAA) report for validation and verification of reasonableness. The Contracting Officer is confident that a careful review of the vendor’s proposal combined with thorough market research will result in a negotiated fair and reasonable cost to the Government.

8. MARKET RESEARCH:

The Government’s market research determined that SDC is the only firm capable of providing immediate and reliable support at the Government’s required level of effort. Historical data reveal SDC is the only firm tried in this specific area of expertise and contracting with another firm at this time could jeopardize the Government’s mission to provide comprehensive FSR support to critical users in a timely fashion. Failure to employ a knowledgeable and capable company immediately could result in a suspension of an essential communications capability.

DISA/EMSS has determined that the latter is not acceptable, and thus contracting with an unknown entity is not in the Government’s best interest at this time.

9. ANY OTHER SUPPORTING FACTS:

SDC is well versed in the requirements for deploying personnel to the USCENTCOM Area of Responsibility (AOR), and has personnel in that region ready and able to perform on this contract effective immediately.

10. LISTING OF INTERESTED SOURCES:

The Government has received multiple proposals in response to the follow-on [permanent] contract solicitation. As the follow-on contract remains under source selection, the names of the interested parties cannot be revealed at this time. However, SDC is interested in and willing to accommodate this bridge contract.

11. ACTIONS TAKEN TO REMOVE BARRIERS TO COMPETITION:

The original contract was awarded under “Unusual and Compelling Urgency” which limited the period of performance for the basic contract to one (1) year. As a follow-on to that contract, a solicitation was competitively released on FBO (restricted competition: small business set-aside).

The follow-on is currently under the Source Selection Process where adequate competition was achieved, and consequently multiple proposals received.

12. REFERENCE TO THE APPROVED ACQUISITION PLAN (AP) PROGRAM PLAN (PP):

Reference EMSS Program AP dated May 2007.

13. POC:

Clare A. Grason Contracting Officer Enhanced Mobile Satellite Services (EMSS) Clare.Grason@disa.mil

(301) 225-4076