Space_advisor_Winter_JA_AMEND_01_(approved_public_release).pdf

J&A No: 12-0016 Amendment 01

Contract HQ0006-10-C-0005

Winter, Donald C. Sole Proprietor

Approved for Public Release

12- MDA-7002 (12 September 12)

JUSTIFICATION AND APPROVAL (J&A)

FOR OTHER THAN FULL AND OPEN COMPETITION

Amendment 01

1. Introduction. As the Procuring Contracting Officer, I hereby approve issuing the contractual action discussed below using other than full and open competition based on the following justification and pursuant to the authority cited herein.

2. Agencies and Contracting Activity, (FAR 6.303-2(b)(1)). This justification and approval is for the MDA Program Executive for the Command, Control, Communications, Computers, Intelligence, Surveillance, and Reconnaissance (C4ISR) Directorate (MDA/CR), Precision

Tracking Space System (PT). The Contracting Activity is MDA Contracting (MDA/DACS).

The point of contact for this action is Valarie Hall, Contracting Officer, at (256) 450-1448.

3. Description of the Action Being Approved, (FAR 6.303-2(b)(2)). Contract HQ0006-10-C-

0005, Advisory and Assistance Services for a Precision Tracking Space System currently expires on 30 September 2012. A five-month period of performance extension was previously approved to continue critical technical and programmatic support to the Precision Tracking Space System

(PTSS) Program Office until the new competitive Task Order under the Missile Defense Agency

Engineering and Support Services (MiDAESS) contract is awarded. This J&A amendment 01 is to extend the current contract from 30 September 2012 to 31 December 2012 for a period of three (3) months and incorporate an option period of three (3) months extending the contract until 31 March 2013. This J&A amendment allows MDA sufficient time to conclude competitive re-procurement efforts currently in progress under the MiDAESS contract.

Dependent upon the timing of the award of the new MIDAESS Task Order, the Government may or may not exercise the three-month option period.

4. Description of the Supplies and/or Services Required to Meet the Agency’s Needs

(Including the Estimated Value), (FAR 6.303-2(b)(3)). Contract HQ0006-10-C-0005, Advisory and Assistance Services, provides critical technical and programmatic support to the

PTSS Directorate necessary to further the Agency’s requirement to design, develop, and deploy a precision tracking space system designed to complement the Overhead Persistent Infrared

(OPIR) to provide more accurate and timely tracks, sensor, and other information to the warfighter. The contractor is required to meet the following objectives: a. Assess the Agency’s current technical and programmatic approach; b.evaluate alternative approaches; c. provide the

Government recommendations for timely and cost effective acquisition of a PTSS; d. identify key sources for executing program recommendations; and e. perform special studies to help the

Government gain the technical insight required to define PTSS. In addition, the contractor provides Interim Program Reviews to MDA leadership and a final report. The total estimated value for the extension and option period is $0. The contract ceiling price and funded amount remain unchanged as a result of this period of performance extension under J&A Amendment

01.

5. Statutory Authority Permitting Other than Full and Open Competition, (FAR 6.303-

2(b)(4)). The statutory authority permitting other than full and open competition for this effort is

10 USC § 2304(c)(1) as implemented in FAR 6.302-1(a)(2)(iii) (B), Only one responsible source and no other supplies or services will satisfy agency requirements.

6. Demonstration of Contractor’s Unique Qualifications or the Nature of the Acquisition

Requires Use of the Authority Cited (FAR 6.303-2(b)(5)). Winter, Donald C., Sole Proprietor is the one responsible source that can provide the required advisory and assistance support services. Winter, Donald C., Sole Proprietor provides critical, space systems engineering and missile defense knowledge and experience to MDA senior leadership and the PTSS program.

This knowledge and experience is anchored in the contractor’s 40-year career in aerospace in both the commercial and government sector and in the Department of Defense. The contractor served as the nation’s most senior government civilian in the Department of the Navy and was responsible for all U.S. Navy space and missile defense activities. In addition, the contractor has substantial expertise in major space system source selections and program management of space acquisition and tracking programs. This expertise allows the contractor to provide key recommendations to help the agency gain the technical, programmatic and organizational insight required to define the PTSS role in the BMDS, to successfully integrate it with the BMDS battle manager, to assess and mitigate seen and unforeseen risks, and to inform the Agency outreach activities with the Combatant Commands, the Office of the Secretary of Defense, the Military

Departments and Capitol Hill. Additionally, the contractor 1) provides recommendations on strategies needed for MDA senior leaders to make informed trades between elements of the

BMDS; and 2) assists the PTSS program office with challenges it would not normally have the ability to address by itself. This knowledge and experience cannot be gained by another individual in the time remaining on the current contract, nor during the duration of this proposed contract extension.

During this proposed three-month extension (1 October 2012 – 31 December 2012) and three-month option period (1 January 2013 – 31 March 2013), the contractor is expected to advise government officials and attend monthly technical exchange meetings in the following critical program areas:

Quarterly PT acquisition strategy feedback

Acquisition planning for the PTSS production program

Quarterly PTSS technical updates and technical interchange meetings

BMDS System Requirements Review on PTSS

Requirements review and planning activities for Development Articles Preliminary Design

Review

Furthermore, the MiDAESS program office commenced acquisition planning for a follow-on contract in September 2011. Due to the nature and scope of the requirement for advisory and assistance services, follow-on acquisitions for these types of efforts across Missile Defense

Agency fall under the MiDAESS program. The previous extension authorized under the original

J&A No. 12-0016 on Contract HQ0006-10-C-0005 will expire on 30 September 2012. Due to unanticipated delays in the re-procurement process, the new MiDAESS Task Order will not be awarded in time. Therefore, it is imperative that this contract is extended for an additional three months with a three-month option to allow the completion of the procurement process under the

MiDAESS contract. This contract extension will bridge the gap and avoid unacceptable delays in fulfilling the agency’s requirements.

7. Market Research, FedBizOpps and Listing of Interested Sources, (FAR 6.303-2(b)(6),

(8) and (10)). Market research was conducted at time of initial contract award. Additionally, the MiDAESS program has conducted market research for the follow-on efforts in this functional area. This requirement is being synopsized in accordance with FAR 5.201.

8. Determination of Fair and Reasonable Cost, (FAR 6.303-2(b) (7)). Price was determined to be fair and reasonable at initial contract award. Prices and rates established at initial award will continue to be used for this extension. The Government retains detailed pricing data on the incumbent contractor performing this effort. The ceiling price established at initial contract award will remain unchanged as a result of the additional three-month extension and inclusion of an option for three months (six-month total extension under this J&A amendment).

9. Any Other Facts Supporting Other Than Full and Open Competition (FAR 6.303-2(b)

(9)). There are no other factors supporting other than full and open competition.

10. Actions Taken to Remove Barriers to Competition (FAR 6.303-2(b)(11)). There are no known barriers to future competition. As referenced in paragraph 6 of this J&A Amendment 01, this requirement is being competed under the MiDAESS contract.

11. Technical/Requirements Certification (FAR 6.303-2(c)): I hereby certify this is a good faith justification for other than full and open competition and that the supporting data and information are accurate and complete to the best of my knowledge and belief. I further certify that this request is not the result of lack of advanced planning.

MICHAEL N. SCHLACTER Date

PTSS Deputy Program Manager

12. Legal Counsel: I have reviewed this justification and determine that it is legally sufficient.

FLAYO O. KIRK Date

MDA/GCH

13. Contracting Officer’s Certification (FAR 6.303-2(b)(12)) and Approval: I have determined that the anticipated cost to the Government will be fair and reasonable and certify that the justification is accurate and complete to the best of my knowledge and belief. In accordance with FAR 6.304, I approve the above justification for other than full and open competition.

VALARIE HALL Date

Contracting Officer

MDA/DACS