ID04170008_J A_Approval_Comp_Advocate_10252016_FINAL_J_A___Redacted.pdf

Justification for an Exception to Fair Opportunity ID04170008 Page 3 contracts for the continued provision of highly specialized services when it is likely that award to any other source would result in unacceptable delays in fulfilling the agency's requirements.

5. Demonstration of Proposed Contractor’s Unique Qualification or Nature of Acquisition Requires Authority Cited:

FAR 6.302-1(a)(2)(iii)(B) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

Award to another source at this point would result in unacceptable delays in fulfilling the requirements to obtain required business clearances for each country, leaving field teams without support at OCONUS locations and interrupting (or halt) Department of State driven missions.

The three (3) month bridge will allow placement for a new competitive contract with minimal disruption to these current services.

In the event the incumbent contractor is not the awardee, it will take 30-60 days to acquire the appropriate business clearances for each requisite case. This three month bridge will mitigate the risk of a break in service and will allow for an effective transition in the event the incumbent contractor is not the successful offeror.

As outlined above, the section below provides additional information related to the mission-driven importance and the highly specialized services required by the incumbent contractor during this three (3) month period:

a. This requirement supports services being performed primarily outside of the continental United States (OCONUS) in support of foreign military sales. This entails complex theater entry requirements and extensive contractor authorizations (through the Synchronized Pre-Deployment Operational Tracker – SPOT). If the current contract abruptly ends, it could take 30-60-90 days to properly vet new contractor employees and complete the SPOT registration/approval process. Further, this is directly tied to the Letter(s) of Authorization (LOAs) used by contractors to properly obtain support under DFARS 252.225-7040, Contractor Personnel Supporting U.S.

Armed Forces Deployed Outside the United States. If contractor personnel in country do not have this authorization, they could lose access to support, privileges and status entitled to under the contract. In short, it would leave them in a foreign country without contractual authority or formal support coverage. The incumbent contractor possesses the business clearances required and it would take considerable time for another contractor to acquire business clearance which would place the program at considerable risk.

Justification for an Exception to Fair Opportunity ID04170008 Page 4

b. Equally important, it is necessary for contractors currently in the areas of responsibility to maintain their clearance until a new contract can be put in place. The linkage between SPOT, the LOAs and theater entry requirements form a critical component to maintaining this clearance. If the contract abruptly ends, the contractor personnel would need to depart the specific AOR to avoid a clear violation of Theater Entry Requirements established by the Combatant Commander.

c. Areas of responsibility include CENTCOM, AFRICOM, and may include services in over 175 different countries. Recent global events to include terrorist activity in these areas support the need for continued operations with minimal disruption. A sudden disruption in contract support under the current effort would severely degrade the U.S.

Army’s ability to support these global missions. In addition to the mission degradation, the Host Nation would experience the loss of partnership and support directly tied to the U.S. Department of State and associated initiatives.

d. The three months is required to ensure full recovery of contractor personnel and assets back to CONUS and completion of specific Foreign Military Sales case(s) with training in progress. A premature ending to the contract could result in the failure to properly recover the resources or leave a team unable to complete training in progress and leave Department of State driven missions unmet. Also, this extension ensures an orderly transition of contract support and sound contract management that averts training failure in host nations.

6. Statement of Actions to Overcome Barriers to Competition:

This bridge is for a limited time period of three (3) months. A full and open competition is currently underway (ID04150090) with seven proposals received and is currently being reviewed and finalized. The new contract is expected to be in place prior to the end of this extension period.

7. Contracting Officer Determination – Fair and Reasonable Cost:

Proposal analysis will be accomplished in accordance with FAR 15.404-1(c). The contractor's proposal costs will be carefully examined and verified to the maximum extent possible. The government has three (3) years of historical data, under the existing contract, which will be used to establish cost reasonableness. The current contract was competed on a full and open basis, with pricing submitted in a competitive environment. At the time of contract award, prices were determined to be fair and reasonable based on this competition and market research.

The bridge task will use the pricing from the original task order. Specifically, option year 2 pricing will be used as the basis for the bridge order. Pricing for the extension will be deemed fair and