ID05200014 JOFOC Redacted.pdf

a development effort of its own as opposed to the estimated cost associated with this procurement. Additionally, this new effort would result in unacceptable delays in fulfilling the Government’s requirement. Based on the experience of the , it is expected to take an additional 3 to 4 years to develop another ISR system, whereas the basic effort to build and test the prototype ISR system under this procurement is 15 months. It is possible that a new ISR system could be competitive assuming, minimally, the Government was able to acquire Government Purpose Rights or unlimited rights to all data and components. However, this would also likely substantially increase the cost of developing the system, as the cost of developing the ISR system with GDMS did not include such rights. As such, GDMS is uniquely qualified to meet the Government’s requirement.

6. A Description of Efforts Made to Ensure that Offers are Solicited From as Many Potential Sources as Practicable :

The Government will synopsize the requirement to the maximum extent, while taking into consideration its sensitive nature. All prospective responses will be considered. The Government’s ability to solicit from multiple members is limited due to proprietary data rights issues outlined in section 5 above. Namely, the Government is unable to provide prospective offerors the data they would need to submit a responsive offer. Please see section 8 below concerning market research results.

7. A Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable :

The Contracting Officer will conduct proposal analysis in accordance with FAR Subparts15.404-1 (Proposal Analysis Techniques) and 15.405 (Price Negotiation) to ensure that the final price is fair and reasonable. This determination will be documented in the Award Decision Document/Price Negotiation Memorandum which will be included in the contract file.

GDMS has a DCMA approved accounting system and forward pricing rate agreements through DCAA. It is anticipated that the cost/prices offered on the services/supplies involved in this procurement will be evaluated through cost analysis techniques as described in FAR 15.404-1(c)(2)(i) and (iii), although the Government is not limited to these specific techniques and may utilize other techniques described in FAR 15.404-1 and FAR 15.405. They may also be compared to pricing provided for the previous ISR development contracts, GDMS’s historical contract rates, and tools offered in the GSA Acquisition Gateway to ensure fair and reasonable pricing. Pricing for all years will be accepted at award. In addition upon proposal receipt, proposal audit assistance from DCAA may be requested. GDMS’s proposal will be required to provide sufficient cost/price information to sustain a DCAA audit should an audit be conducted. Cost/price evaluation will be conducted consistent with the regulations set-forth under FAR 15.404-1(c)(2) (cost analysis) with the following methodologies utilized to provide a pre-negotiation position to document cost/price reasonableness and/or the need to conduct negotiations with the contractor:

FAR 15.404-1(c)(2)(i) and (iii)

(i) Verification of cost data or pricing data and evaluation of cost elements, including-

(A) The necessity for, and reasonableness of, proposed costs, including allowances for contingencies;

(B) Projection of the offeror’s cost trends, on the basis of current and historical cost or pricing data;

(C) Reasonableness of estimates generated by appropriately calibrated and validated parametric models or cost-estimating relationships; and

(D) The application of audited or negotiated indirect cost rates, labor rates, and cost of money or other factors.

(iii) Comparison of costs proposed by the offeror for individual cost elements with-

(A) Actual costs previously incurred by the same offeror;

(B) Previous cost estimates from the offeror or from other offerors for the same or similar items;

(C) Other cost estimates received in response to the Government’s request;

(D) Independent Government cost estimates by technical personnel; and

(E) Forecasts of planned expenditures.

8. A Description of the Market Research Conducted and the Results or a Statement of the Reason Market Research was not Conducted:

The Government has thoroughly conducted market research in accordance with Federal regulations. The Government utilized GSA’s Market Research as a Service (MRAS) process to issue a Sources Sought Request for Information (RFI) to a multitude of GSA schedules and contracts. Thus, the Government is compliant with the DFARS requirement at Procedures, Guidance, and Information (PGI) 206.302-1(d), which requires issuing a sources sought notice or request for information and inclusion of the results within the justification document. Seven companies responded to these requests and have identified themselves as potentially possessing the capability and expertise to fulfil the requirement under the Professional Services Schedule and One Acquisition Solution for Integrated services (OASIS) Multiple Award, IDIQ contract.

However, review of these responses found that these companies would not be able to meet the Government’s requirement due to data rights limitations.This is a non-commercial procurement that cannot be fulfilled by any existing GWACs or multiple award schedules. Therefore, the requirement must be open market.

9. Any Other Facts Supporting the Use of Other Than Full and Open Competition:

Not Applicable.

10.A Listing of the Sources, if any, That Expressed, In Writing, An Interest in the Acquisition:

11.A 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 or Services Required:

The Government recognizes the need for competition. Therefore, the Government will attempt to formally negotiate with GDMS for sufficient data rights to be able to solicit competitively for future prospective ISR system production contracts.

12.Contracting Officer’s Certification The Contracting Officer’s signature on the signature page evidences that he/she has determined this document to be both accurate and complete to the best of his/her knowledge and belief.