J&A_CTSF_Exception_to_Fair_Opportunity_7-Month_Extension_Redacted_Redacted.pdf

Control No: JA-19-E-011 Contractor: NCI Information Systems, Inc.

Program/Equipment: US CECOM, Rapid Response – Third Generation (R2-3G)

JUSTIFICATION REVIEW DOCUMENT

FAR PART 16 EXCEPTION TO FAIR OPPORTUNITY JUSTIFICATION

For Actions Exceeding the Simplified Acquisition Threshold (SAT)

Program/Equipment: The U.S. Army, Communication and Electronic Command (CECOM) Central Technical Support Facility (CTSF) System Interoperability Effort (SIE), awarded as a task order under the Rapid Response – Third Generation (R2-3G) program provides: Army Interoperability Certification (AIC) Testing; Configuration Management (CM) of the Army’s LandWarNet Mission Command (LWN MC) software baselines; and technical engineering support to System of Systems Engineering, Information Assurance (IA) and Information Technology (IT) efforts.

Authority: 10 U.S.C. 2304(c)(b)(1) as implemented by FAR 16.505(b)(2)(i)(A)- The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

Amount:

Prepared by: DSN:

Contracting Specialist Date:

Email

Contracting Officer: DSN:

Contracting Officer Date:

Email

Technical: DSN:

Contracting Officer’s Representative Date:

Email

Requirements: DSN:

Contracting Officer’s Representative Date:

Email

Reviews: I have reviewed this justification and find it adequate to support an exception to fair opportunity.

Program Manager Typed Name:

DSN:

Signature:

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Legal Counsel Typed Name:

Comm:

Signature:

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FAR Part 16 Exception to Fair Opportunity Justification Under Multiple Award Indefinite Delivery Contracts

For Actions Exceeding the Simplified Acquisition Threshold (SAT)

1. Contracting Activity: U.S. Army Contracting Command – Aberdeen Proving Ground (ACC- APG), ATTN: CCAP-CCE, 6565 Surveillance Loop, Bldg 6001, Aberdeen Proving Ground, MD 21005.

2. Description of Action: The Central Technical Support Facility (CTSF) requests a Cost-Plus- Fixed-Fee (CPFF) Term / Cost No Fee / Firm-Fixed Price hybrid Task Order (TO) modification to W15P7T-10-D-D419 Task Order (TO) 0002 with NCI Information Systems, Inc. (NCI), 11730 Plaza America Dr, Ste 700, Reston, VA 20190-4747 in order to extend the period of performance (POP) from 25 October 2018 through 24 May 2019. Fiscal Year 2018 Operations and Maintenance (O&M), Aircraft Procurement Army (APA), and Research Development Testing & Evaluation (RDT&E) funding will be used. 31 U.S.C. 1558, as implemented by FAR 33.102(c) allows expired funds to remain available for obligation for 100 days after the date on which a final ruling is made for a protest filed with the

GAO.

An acquisition plan for the base contract, W15P7T-10-D-D419, by the U.S. Army Communications and Electronics Command (CECOM) Principal Assistant Responsible for Contracting (PARC).

3. Description of Supplies/Services: On 15 August 2015, ACC-APG Division B competed and awarded Request for Task Execution Plan (RTEP) 0727 to NCI under the Rapid Response – Third Generation (R2-3G) Indefinite Delivery Indefinite Quantity (IDIQ) contract W15P7T-10-D- D419 TO 0002. The CTSF SIE provides Army Interoperability Certification (AIC) Testing;

Configuration Management (CM) of the Army’s LandWarNet (LWN) Mission Command (MC) software baselines; and technical engineering support to System of System Engineering (SOSE), Information Awareness (IA) and Information Technology (IT)

The application of the processes and procedures needed to execute AIC Testing and CM on Army LWN systems

The contractor will provide engineering support services to augment CTSF’s core Government personnel to support the missions of the Army Program Executive Office’s (PEOs) and their associated Program Managers (PMs). This support will be conducted in close coordination with project leads from the various PEO Program Offices. The contractor shall provide support in a diverse range of engineering, architecture, integration and readiness support services that span the total life-cycle of mission command systems.

The work required under this extension is within the scope of the work already under contract on this task order and is a continuation of work currently being performed.

Period of Performance (POP) Extension: 25 October 2018 to 24 May 2019

Total Value:

4. Authority Cited: 10 U.S.C. 2304(c)(b)(1) as implemented by FAR 16.505(b)(2)(i)(A)- The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

5. Reason for Authority Cited: a post award protest was filed at the Government Accountability Office (GAO) on the re-compete of task order W15P7T-10-D-D419- 0002. A seven (7) month extension is being requested to ensure uninterrupted support under this task order

The requested extension also incorporates a potential protest period for the re-award.

The follow-on task order, W15P7T-17-D-0115/W56JSR18F0024 and was protested at the Government Accountability Office (GAO) on 03 October 2018. In addition to the protest being filed, ACC-APG

A supplemental protest was filed at the GAO for this effort on 17 October 2018.

The requested POP extension is required to prevent a potential lapse in critical services as a result of protest B-416921.1 and the termination for default The incumbent contractor, NCI, is in the process of transitioning-out its performance with a completion date of 24 October 2018.

Contractor support is integral in supporting the CTSF

A seven (7) month contract extension will allow for a dismissal of the protest by GAO and will allow the agency to take corrective action which includes opening discussions, re-evaluating offers and making a new award decision. This extension also accounts for a thirty (30) day transition period as well as a protest period. It is in the best interest of the Government for the incumbent, NCI, to be able to continue providing SIE efforts through the requested extension period. A lapse in services It is not practical, or cost effective for another contractor to assume these efforts, as transitioning would result in major gaps in services, The POP Extension milestones timeline is as follows:

It is in the best interest of the Government for the incumbent, NCI, to be able to continue ongoing CTSF SIE efforts through the proposed seven (7) month extension. If the Exception to Fair Opportunity for this modification , the

NCI is the only source who can meet this urgent requirement without a break in service as a new requirement takes a minimum of six (6) months to solicit, evaluate proposals and transition based on previous programmatic experience.

6. Actions to Increase Competition: Under the Responsive Strategic Sourcing for Services (RS3) Program, CTSF System Interoperability Effort was competed among all 40 small vendors with proposals being submitted by nine (9) vendors, shown in the table below:

RS3 CONTRACT HOLDERS PROPOSED

1 BANC 3, INC

2 BRTRC FEDERAL SOLUTIONS, INC

3 DATA SYSTEMS ANALYSTS, INC

4 FCI ENTERPRISES LLC

5 INCADENCE STRATEGIC SOLUTIONS

CORPORATION

6 QED SYSTEMS LLC

7 RS3 JOINT VENTURE, LLC

8 SIGMATECH, INC

9 SMS DATA PRODUCTS GROUP, INC

7. Market Research: Market research was conducted by ACC-APG via a Request for Information (RFI) released to the R2-3G prime contract holders for the initial six (6) month extension. An email was sent to all eighteen (18) primes on 28 December 2017 with a suspense date of 2 January 2018. The purpose of the RFI was to identify all potential sources by requesting that the R2-3G contractors provide a response on whether they could fulfill the requirements and were interested in bidding on the TO 0002 extension, and could provide a proposal with a short suspense, and pending award, could also transition-in within 5 days after receipt of award. However, no responses from the prime vendors were received, which provided the Government the needed information to determine that an exception to fair opportunity, and an extension to TO 0002 to the incumbent, NCI, as the only feasible option. As the market research completed for the initial six (6) month extension is less than one (1) year old, and provides the Government the information needed to determine an exception to fair opportunity, an extension to the current task order (0002) to NCI is the only feasible option to prevent a break in services and jeopardize Army Readiness to critical C4ISR equipment.

8. Other Facts:

Procurement History:

Contract: W15P7T10DD419/0002

Award Date: 15 August 2015

Competitive Status: Fair Opportunity / Full and Open Competition

A six (6) month task order extension was issued on 19 January 2018 utilizing the authority of FAR 16.505(b)(2)(i)(C) – The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given fair opportunity to be considered for the original order. During the base period, NCI advised the Government that the labor categories solicited from the R2-3G contract were incorrect for the requirement. The Contracting Officer at the time allowed the vendor to correct the labor categories to correspond to the labor categories needed for successful task order performance. This change caused both option periods to be exercised early. This six (6) month extension corrected the task order Period of Performance (PoP) back to the initially awarded PoP to allow for continuity of services while the new competitive task order was solicited.

During performance, it was realized that while the Performance Work Statement (PWS) required a transition-out, A modification for a forty-five (45) day transition-out was awarded on 09 September 2018.

9. Technical Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Typed Name: Date:

Title: Contracting Officer’s Representative Signature:

10. Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Title: Contracting Officer’s Representative Signature:

11. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable.

submitted an Independent Government Cost Estimate (IGCE) to our office. The current task order holder, NCI, is prepared to submit a proposal to the Government. The Government will complete a cost analysis of NCI’s proposal and, if required, negotiate in order to obtain a fair and reasonable price for the contract extension. Certified cost or pricing data is required IAW FAR 15.403(a)(1), since the estimated cost of the contract action is greater than the for obtaining certified cost or pricing data.

Title: Contracting Officer Signature:

12. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief. The requirement herein described is a valid requirement of the activity named in paragraph 1 of this justification. The technical and requirements information contained in the justification represent the minimum needs of the government. The only way to satisfy this requirement is by limiting competition as described herein.

Title: Contracting Officer Signature:

Approval

Based on the foregoing justification, I hereby approve the seven (7) month period of performance (PoP) extension, and for the Central Technical Support Facility (CTSF) System Interoperability Effort (SIE) using an exception to fair opportunity pursuant to the authority of FAR 16.505(b)(2)(i)(A)-urgent need, subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition.

TYPED NAME: Date:

Command Advocate for Competition Signature: