JA18-185_HC101312D0001_Ceiling_Increase_JA_-_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND

OPEN COMPETITION (OTFAOC)

Federal Acquisition Regulation (FAR) Part 6 Justification & Approval (J&A), Supporting Procurements under FAR Part 12 and FAR Part 15

Purchase Request Number: Not Applicable Contract Number: HC1013-12-D-0001 Task/Delivery Order Number: P00018 Procurement Title: The Air Force Technical Applications Center (AFTAC)

United States Atomic Energy Detection System (USAEDS) Network

Contracting Office: Defense Information Technology Contracting Organization

(DITCO)-PL8

Estimated Value: $ $3,600,000 Statutory Authority: 10 U.S.C. 2304(c)(1)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (OTFAOC)

Justification for OTFAOC Number: JA18-185

Upon the basis of the following justification, I, as the Procuring Activity Competition Advocate, hereby approve the use of other than full and open competition of the proposed contractual action pursuant to the authority of 10 U.S.C. 2304(c)(1) (FAR 6.302-1), only one responsible source and no other type of supplies or services will satisfy Agency requirements.

1. REQUIRING AGENCY AND CONTRACTING OFFICE:

a. Requiring Agency:

Air Force Technical Applications Center (AFTAC/LS)

1030 South Highway A1A Patrick Air Force Base, Florida 32925

b. Contracting Office:

Defense Information Systems Agency (DISA) /DITCO 2300 East Drive, Bldg. 3600 Scott AFB, IL 62225-5406

2. NATURE/DESCRIPTION OF ACTION(S): The purpose of this J&A is to obtain approval for modifications to existing contract HC1013-12-D-0001 between DISA and UltiSat, Inc., and increase the contract ceiling by an estimated $3,600,000. Increasing the contract ceiling by $3,600,000 is expected to satisfy AFTAC’s program requirement for operations and maintenance of the network in addition to potential changes and additions to service points throughout the life of the contract. The contract is currently in option year six, which expires on 30 September 2018.

The contract has two option periods remaining. The increased J&A amount will support the exercising of the remaining two option periods and possible additions or changes to service points to the end of the period of performance. The period of performance expires on 30 September 2020. The firm fixed priced (FFP) operation and maintenance (O&M) contract line item numbers under option year seven and eight will be funded via Program Designator Code

AFTAC USAEDS Network-JA18-185

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(4) Impact. This contracting action is critical to our national security mission. AFTAC has a responsibility to ensure the USAEDS network is properly operated, maintained, and available 24/7/365 to detect, identify, locate, and report a nuclear explosion underground, underwater, in the atmosphere, and in space. Failure to obtain these services would pose unnecessary risk to the USAEDS network, and our nuclear treaty monitoring mission. Changing at this point without the necessary lead times will result in mission failure.

6. FEDBIZOPPS ANNOUNCEMENT/POTENTIAL SOURCES: The notice of contract award was published to FedBizOpps on 22 November 2011. No responses were received. Synopsis of this action is unwarranted pursuant to FAR Para 5.202 (a)(11). The existing contract was previously synopsized in sufficient detail to comply with the requirements of FAR 5.207 with respect to the current contract action and included the entire contract period.

7. DETERMINATION OF FAIR AND REASONABLE COST: The contracting officer will determine whether proposed prices are fair and reasonable before award. Other than certified cost and pricing data will be requested from the contractor at the time of solicitation. Evaluation of the supporting price documentation will be analyzed. Additionally, contractor-proposed pricing will be compared to an Independent Government Cost Estimate, other contracts for similar services, and to the prices currently paid on this contract. Based on this analysis, the contracting officer will determine whether the proposed price is fair and reasonable.

8. MARKET RESEARCH: In accordance with FAR 17.207(d), market research has not identified another telecommunications company that can support the USAEDS network in the time frame required due to the austere location of 39 SPs. These specific SPs, with the exception of two, are located OCONUS in countries not easily accessible to common telecommunications providers. Two other U.S satellite communications companies have been previously identified as companies that can provide the various host nation approvals, permits, and licenses to operate satellite systems in foreign countries; however, most license and permits require 12 to 18 months to procure if there are no delays in the process. Once a license or permit is granted, it is not transferable from one telecommunications provider to another. If another contractor did not receive equipment licenses and approval to operate a frequency for a service point located in a foreign country, this could result in a lapse/disruption in communications between that service point and AFTAC.

9. ANY OTHER SUPPORTING FACTS: None.

10. LISTING OF INTERESTED SOURCES: A determination and findings was signed by the Head of the Contracting Agency on September 25, 2018 to waive the requirement for a Request for Information or a Sources Sought.

11. ACTIONS THE AGENCY MAY TAKE TO REMOVE OR OVERCOME BARRIERS

THAT LED TO THE EXCEPTION TO FULL AND OPEN COMPETITION:

(a) Procurement History.

(1) Contract Number: DCA200-03-D-5006

Contractor: AIS Engineering, Inc.

AFTAC USAEDS Network-JA18-185

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Contract Period: 30 April 2003 - 31 July 2013* Type of Acquisition: Full and Open Competition *The follow-on contract included a transition period of 150 days; however, two sites were added after the transition period commenced, and the service points could not be transitioned due to in country security concerns .

(2) Contract Number: HC1013-12-D-0001

Contractor: UltiSat, Inc.

Contract Period: 01 December 2011 - 30 September 2020 Type of Acquisition: Small Business Set-Aside

(b) The sole source nature of this action is driven by the approvals and licenses currently held by the contractor. Changing the contractor places undue risk on the Government as it could result in a lapse/disruption in communications between service points and AFTAC.

Additionally, the Government has invested a significant amount of money into the current network and any effort to establish a new network would be a duplication of costs.

12. REFERENCE TO THE APPROVED ACQUISITION PLAN (AP): An AP was not accomplished as it is not required at this threshold in accordance with DARS 7.103 (S-90).