JA - NPES COOP CCC (Redacted).pdf

Justification and Approval (J&A) for Other Than Full and Open Competition

FOR OFFICIAL USE ONLY

March 2018 FOR OFFICIAL USE ONLY Page 2 of 4

I. Contracting Activity.

United States Space Force (USSF) Enterprise Solutions Directorate (ESD), Suite 1500, 150 Vandenberg St., Peterson AFB, CO 80914.

II. Nature and/or description of the action being processed.

The Government intends to solicit through other than full and open competition, a non-commercial, firm fixed price contract to Intecon, LLC (Intecon) for Nuclear Planning and Execution System (NPES), Continuity of Operations (COOP), and Contingency Command Center (CCC) support.

III. Description of supplies/services required to meet agency needs.

NPES and Granite Hammer Network (GHN) at USNORTHCOM support senior military leader decision making by providing technical data for Defense Support to Civil Authorities (DSCA) in a post-attack / national crisis. The contractor will support DSCA by providing military leaders with advice ultimately to be used by non-DoD Government officials;

advising on Strategic Command and Control (C2), operational guidance on employing staffs at various locations, enabling the CCC operations with decision aides, and COOP.

IV. Statutory authority permitting other than full and open competition.

48 CFR § 19.1506 - Women-Owned Small Business Program sole source awards.

In accordance with (IAW) the statute above:

"A contracting officer shall consider a contract award to a WOSB concern (including EDWOSB concerns) eligible under the WOSB Program on a sole source basis (see 6.302-5(b)(7)) before considering small business set-asides (see

19.203 and subpart 19.5) provided none of the exclusions at 19.1504 apply and -

(1) The acquisition is assigned a NAICS code in which SBA has determined that WOSB concerns are substantially underrepresented in Federal procurement;

(2) The contracting officer does not have a reasonable expectation that offers would be received from two or more WOSB concerns (including EDWOSB concerns); and

(3) The conditions in paragraph (c) of this section exist.

(c)(1) The anticipated award price of the contract, including options, will not exceed -

(i) $6.5 million for a requirement within the NAICS codes for manufacturing; or

(ii) $4 million for a requirement within any other NAICS codes.

(2) The EDWOSB concern or WOSB concern has been determined to be a responsible contractor with respect to performance.

(3) The award can be made at a fair and reasonable price."

V. Demonstration that the contractor's unique qualifications or nature of the acquisition requires the use of the authority cited above (applicability of authority).

IAW the statutory requirements of WOSB sole source awards stated in the previous section: The intended NAICS code for this requirement is 541330 (Engineering Services), which has been authorized under this program (see Attachment 1). Based on market research, the Contracting Officer (CO) does not have a reasonable expectation that that offers would be received from two or more WOSB concerns. The anticipated total contract value is (less than $4M).

The intended contractor, Intecon, is currently performing the same or similar work on current contract #FA251712D9000, order FA251717F9012 with no issues or concerns and will be determined responsible IAW FAR 9.104-1 prior to contract award. The CO will negotiate a fair and reasonable price for the contract award (see Section

VII).

In addition to the WOSB direct award authorized and encouraged by statute, the Government intends to complete a direct award to Intecon due to U.S. Northern Command (USNORTHCOM) J38's impending insourcing action of all positions related to this requirement. Attachment 2, Contract Conversions, shows a notional timeline for the

March 2018 FOR OFFICIAL USE ONLY Page 3 of 4 insourcing action being completed by as early as . Due to the complexity and highly technical nature of this requirement, competing this requirement and potentially bringing on a new vendor for the short period of time is not in the Government's best interest. Competing this requirement is also believed to not be in the best interest of Industry since there will be no further contracting for this effort after the insourcing is complete.

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

Initial efforts were made to find capable vendors for competing the requirement (see Section VII). However, due to USNORTHCOM J38's impending insourcing actions of all positions related to this requirement, efforts to ensure competition were ceased. After the insourcing is completed, competition will no longer be necessary as the requirement will be performed by Government personnel.

VII. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The anticipated cost of this acquisition will be evaluated for fair and reasonableness prior to award IAW FAR 15.404-1(b). Certified Cost or Pricing Data will be required IAW FAR 15.403-4. Technical representatives will also review and evaluate Intecon's technical proposal to support the price fair and reasonable determination (e.g. number of labor hours proposed, etc.).

VIII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

Market research was conducted 14 Jan 2020 through 3 Mar 2020. On 14 Jan 2020, a representative for the the General Services Administration (GSA) One Acquisition Solution for Integrated Services (OASIS) contract vehicle determined that this requirement was in scope of the OASIS Pool 1 vehicle and NAICS code 541330 (Engineering Services). A request for information (RFI) and Sources Sought (SS) was released to OASIS Pool 1 Small Business vendors on 14 Jan 2020 with a response date of 21 Jan 2020. Three (3) vendors responded to the RFI stating that they were capable, including the incumbent. The incumbent, Intecon, LLC (CAGE: 1MJF3), is a WOSB and SDVOSB. The other two vendors were Delta Solutions and Strategies (CAGE: 1RUU6) and Chimera Enterprises Itl. (CAGE: 4LGB2) and were both SDVOSBs (neither were WOSBs). Due to the timelines provided to USSF/ESD in Attachment 2 for the insourcing action, ESD moved away from competing this requirement and determined that a direct award to Intecon was in the best interest of the Government.

IX. Any other facts supporting the use of Other Than Full and Open Competition.

N/A.

X. List of any sources that expressed, in writing, an interest in the acquisition.

1) Intecon, LLC (CAGE: 1MJF3) - WOSB and SDVOSB

2) Delta Solutions and Strategies (CAGE: 1RUU6) - SDVOSB

3) Chimera Enterprises Itl. (CAGE: 4LGB2) - SDVOSB

XI. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before making subsequent acquisitions for the supplies or services required.

N/A - see Section VI.

XII. Certification by the Contracting Officer.

As evidenced by my signature above, I have determined this document to be both accurate and complete to the best

March 2018 FOR OFFICIAL USE ONLY Page 4 of 4 of my knowledge and belief.

XIII. Certification by the technical/requirements personnel.

As evidenced by my (our) signature(s) above, I (we) certify that any supporting data contained herein, which is my (our) responsibility, is both accurate and complete.