A04_Version_2__REDACTED_Signed_JA_OMC_Fermion_bridge_2_Redacted.pdf

DEPARTMENT OF DEFENSE

WASHINGTON HEADQUARTERS SERVICES

1155 DEFENSE PENTAGON

WASHINGTON, DC 20301-1155

ACQUISITION DIRECTORATE June 11, 2015

JUSTIFICATION AND APPROVAL FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION

1. Contracting Activity Washington Headquarters Services – Acquisition Directorate 1225 South Clark Street Arlington, VA 22209-1901

2. Description of the Action Being Approved This justification is to seek approval for a sole-source bridge contract (the bridge, HQ0034-15-R-0096) with Fermion Government Services, LLC to continue the maintenance and repair of the Closed Circuit Television System of the Office of Military Commissions.

3. Description of Supplies/ Services The Department of Defense (DoD) tasked the Office of Military Commissions (OMC) to conduct military commission proceedings of detainees being held for crimes against the United States at Guantanamo Bay, Cuba (GTMO). To allow the public to view commission proceedings, the Deputy Secretary of Defense directed OMC to provide Closed Circuit Television (CCTV) feed capability from U.S. Naval Station Guantanamo Bay, Cuba (GTMO) to the Continental United States (CONUS). The CONUS locations are Fort Devens, MA; Fort Hamilton, NY; Fort Meade, MD; Joint Base McGuire/Dix/Lakehurst, NJ, and Naval Station Norfolk, VA.

The contractor shall provide maintenance, satellite time, repairs, changes, and hearing support for the CCTV equipment located at GTMO and CONUS. The maintenance and satellite time will be contracted on a firm-fixed price basis with repairs, changes, and hearing support contracted on a time and materials basis. There will also be a cost-type line item for approved travel. A Contracting Officer’s Representative will coordinate efforts for repairs, changes, and hearing support and provide surveillance of contractor performance.

The CCTV maintenance tasks require the contractor to inspect the commercial-type CCTV equipment identified by the Government in an asset list. The repairs and changes are any efforts to keep the assets running after issues are identified. The hearing support is stand-by support when the trials are in session and include any efforts to keep the transmission of the trials clear and uninterrupted.

FAR 6.302-1 J&A, HQ0034-15-R-0096/Fermion Government Services/Office of Military Commissions

The bridge will have a six-month period of performance from 17 July 2015 to 17 January 2016. The current sole source contract (current contract), HQ0034-12-C-0042, was awarded on 31 May 2012 and expires on 30 June 2015. The anticipated award date for the bridge means that there will be a limited gap in service between the current contract and the bridge.

This gap is acceptable as no trials are scheduled during that time. However, trials resume on 20 July 2015. The Government plans to award the follow-on competitive contract (the follow-on, HQ0034-15-R-0002) by 14 December 2015.

The total estimated dollar value of this procurement is $1,226,582. There will be a single six- month base period, funded with Operations and Maintenance appropriations.

4. Statutory Authority Permitting Other Than Full and Open Competition Only one responsible source and no other supplies or services will satisfy agency requirements. The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(d)(1)(B) as implemented by the Federal Acquisition Regulation (FAR) 6.302- 1(a)(2)(iii)(B) as award of this bridge contract to any other source would result in unacceptable delays in fulfilling agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority The rationale for the six-month duration of the bridge contract is based on the Predictive

Milestone Tool’s estimate of the award timeline for the follow-on contract. The follow-on will require FAR Part 15 procedures which require time for a pre-solicitation synopsis, a minimum of 30 days solicitation time, as well as several weeks to evaluate proposals, conduct discussions if necessary, prepare a source selection decision and business clearance memorandum, receive legal review, and then prepare the award itself.

The PMT for the follow-on currently provides for a 14 December 2015 award. If the bridge contract runs from 17 July 2015 to 17 January 2016, then there will be a few weeks of overlap between the two contractors to permit a phase-in of the new contractor and a phase-out of the old contractor. This is necessary as the current contractor has Government property that must be turned over and any new contractor would require identification for and access to GTMO. The overlap would also allow the new contractor to observe the trials and learn about the adjustments required to maintain the transmission.

The reason for the bridge contract is that the Government identified areas for improvement in the acquisition planning documentation.

Commissions

. However, as these changes consumed much of April and May 2015, the Contracting Officer determined there was insufficient time to execute a competitive procurement and award by 1 July 2015. To prevent a gap in service of several months, the Government began planning a bridge contract.

Fermion received the current contract on a sole source basis because it previously designed and installed the entire CCTV system. Currently, no other contractor has sufficient knowledge of the CCTV system to provide timely support to OMC. This matters as the current contract, bridge, and follow-on will all require live support for hearings conducted in GTMO. The support ensures that any broadcast issues are addressed as they happen, providing continuity and continued transparency of the proceedings. As real-time transmission of the hearings is the objective of the CCTV system and hearings generally do not stop for technical difficulties, the Government finds that currently only one contractor can execute the bridge contract without unacceptable schedule delays or interrupted service.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Possible The Government did not solicit offers from other sources for the bridge contract as there was no information to suggest that other contractors could provide timely support.

7. Determination of Fair and Reasonable Cost The Contracting Officer has determined that the contract type for this bridge contract will be firm fixed price for maintenance and satellite time, time and materials for repairs, . H

Commissions changes, and hearing support, and cost for approved travel. The Government has historical data for the costs associated with the requirement and will use comparative analysis to determine if the contractor’s proposal is fair and reasonable.

8. Description of Market Research In accordance with FAR Part 10, market research was conducted in December 2015 by posting a sources sought notice on the FBO website under solicitation number HQ0034-15- R-0002. The notice included critical elements on which the prospective contractors responded. Four of the five interested contractors appear to be technically capable.

To generate industry feedback on contract types and the technical package, a draft PWS was posted to the FBO website on 7 May 2015. That notice included the following questions:

-Do the PWS and PWS attachments adequately describe the requirements in a clear and unambiguous manner?

-Would a firm-fixed-price contract be feasible for the services described (maintenance, reporting, and satellite time)?

-If repairs and ad hoc support were to be added to the requirement, what contract type, FFP, T&M, etc., would be appropriate and why?

9. Other Facts:

The Government anticipates a gap in service from 1 July to 17 July 2015 but does not expect serious disruptions as long as service commences before 17 July 2015.

Commissions

10. Listing of Interested Sources The following vendors responded to the Sources Sought Notice and Special Notice and are considered interested in this requirement: Intelligent Enterprises Group, LLC, Crec Group, Inc., SES Government Solutions, Spacewave, Inc., Ultisat, Inc., Woody Enterprises, LLC, Blue Line Technologies, Inc., Fermion Government Services, LLC, PAR Government Systems Corp., Corbett Technology Solutions, Inc., and Quantum Technologies, Inc.

11. Statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies/ services required This contract is for six months only as a competitive award is anticipated by December

2015. WHS is committed to this timeframe and developed a timeline for re-compete utilizing our Predictive Milestone Tool. See attached. The period of performance length is necessary for transitioning services from Fermion to the awardee of the competitive follow on contract.

12. Approval

Requiring Office Certification I certify that the supporting data, which form the basis for this Justification for Other than Full and Open Competition, are complete and accurate to the best of my knowledge and belief.

Technical Representative Date

Contracting Officer Certification All of the requirements of FAR Part 6.3 have been considered in preparing this justification.

Based on the above, I recommend this acquisition be conducted on the basis of other than full and open competition. I certify that this justification is accurate and complete to the best of my knowledge and belief.

Contracting Officer Date

6/10/2015

SOLOMON.REGINALD.O.1046068897

c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=WHS, cn=SOLOMON.REGINALD.O.1046068897

2015.06.11 10:01:08 -04'00'

ROBERSON.DARRELL.

EUGENE.1057735291

Digitally signed by

ROBERSON.DARRELL.EUGENE.1057735291

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=WHS, cn=ROBERSON.DARRELL.EUGENE.1057735291 Date: 2015.06.11 14:34:07 -04'00'

Commissions

Procuring Activity Competition Advocate Approval Reviewed and approved in accordance with FAR 6.304(a)(2). This review and approval does not extend to approving any text for website posting. The Contracting Officer shall ensure that text to be uploaded to any website has been first been separately reviewed and approved for posting by a Branch Chief in accordance with ADAP 5.406-90.

David W. Clemens, Acting Competition Advocate Date david.clemens@whs.mil Digitally signed by david.clemens@whs.mil DN: cn=david.clemens@whs.mil Date: 2015.06.14 16:39:06 -04'00'