HSTS04-12-J-CT7504_(TO22) _P00001_-Fair_Opportunity_Exception_Approval.pdf

Fair Opportunity Exception Checklist

The Transportation Security Administration (TSA), Office of Security Capabilities and Office of Acquisition propose to issue a task order modification that restricts the number of sources provided a fair I opportunity to be considered (FAR 16.505(b)(2).

i The procurement request number is 2113203CT6009. and the Office of Acquisition's tracking number is

I JA-2013-4-851.

Task Order HSTS04-12-J-CT7504 (Task Order 22) under the Security Equipment Systems Integration (SES1) IDIQ. HSTS04-09-D-ST2234, for system integration services in support of Operational Test and Evaluation (OT &E) of new or modified Transportation Security Equipment (TSE) was awarded on 21 September 2012 to Lockheed Ma11in Corporation (Lockheed). The task order is currently funded in the amount of $6.122,369.00 and, to date. there are no executed modifications.

j The_ OT&E within the Office of ~ecurity Capabilities (OS_C) is a very ~ynamic and challenging 1 environment for System IntegratiOn. The TSE under test IS frequently msralled at a number of Federalized

Transportation Locations throughout the United States and Its territories. As such, the contractor may be required to perform system integration services at a variety of locations throughout the U.S. ranging from small to large transportation facilities. The number of installed systems at each location is typically few in number, but can range from complex systems to single stand-alone devices. Typically, these systems are installed for operational testing following successful completion of qualification tests. Inherent in the research and development of new technologies and prototype security systems, these qualification tests are frequently subject to delays, modifications, re-tests, and even cancellation. Subsequently affected are the planning, scheduling, executing, and costing of operational tests required to support equipment deployment decisions. The scheduled window of on-going tests can often slip to the point where com letions extend beyond a task order period of performance.

EDS-CP support including any pretest and OT support activitie.

00 testing and site restoration; and CA TBPSS were originally included in the scope

3 with the expectation that the work would be completed during the T03 period of performance. As a result of schedule slips, the systems have been and/or are being modified and the operational testing was delayed outside of the T03 PoP.

Task Order 22 is the follow-on for T03 and originally did not include the above work. As indicated above.

OSC fully expected the work would be completed under T03. However, due to various challenges that could not be anticipated, the OT SESI support for CATBPSS, A WT site ration and EDS onsite support for EDS must be added to Task Order 22 in support of requirement

An exception to fair opportunity is required to prevent a possible change in system integrator contractor and disruption of services at the specified locations. The on-going and additional taskings are critical to meet deployment schedules and to sustain the DHS-mandated operational testing of the TSE that is currently taking place. It is requested that this exception to fair opportunity be approved in the amount of $292,539.84 which is ided PR# 2113203CT6009. The revised SOW includes all ch and is ffje I of4 Approver Initial:~ provided as Attachment I.

Standard systems integration support includes the following: preparing site survey reports, preliminary and final design work, architectural drawings, permitting, site improvements-- including electrical work and developing temporary remote viewing locations. fSE installation, shipping, rigging, logistical support (includi11g securing consumables, vendor maintenam:e and operat0r training, as directed by the COR), schedule coordination, system acceptance testing, ;jnd test bed status monitoring and rep011ing during the operational period), engineering analyses (including deployment and analyses and reports, RM&A. and

I JLS assessments over the test period), data collection. analysis, and rcpo1ting- including Quick-!ook . r':ports and reporting of other metrics. as directed. storage of legacy T'-;E. post-test removal of TSE, site restoration. and re-installation of legacy systems.

The requirements to be perfonned by this moditkation are:

- CATBPSS

FAR 16.505 (b)(2)(i)(A) Urgent and compelling need exists and following the ordering procedures would result in unacceptable delays.

0 FAR 16.505 (b)(2)(i)(B) Only one source is capable of responding due to the unique or specialized nature of the work (includes ·'brand name only" specification use)

1:8] 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 a fair opportunity to be considered for the original order.

The SESI IDIQ was issued under full and open competition and base awards were made to four contractors: The Boeing Company, Lockeed Martin, Raytheon Techn1cal Services Company, and Science Applications International Corporation (SAIC). As noted above, the current task order with Lockheed for systems integration support of OT &E has critical taskings that are necessary for program success.

Lockheed must continue services on all of the outstanding integration activities to ensure proper completion, consistency, and validity of the test events Changing contractors now will incur an unavoidable learning curve and cause an interruption in the current test planning, execution, and reporting.

Deploylment schedules associated with the requirements of this modification would he adversely affected b:; additional delays.

In addition, modifying the existing Task Order is in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, and all awardees were given a fair opportunity to be considered for the original order. Thus, this need meets the FAR fair opportunity

·tied 16.505

The base IDIQ, issued under full and open competition, provides for fair opportunity of all task orders issued unless an exeption is applicable. The current task order provided fair opportunity to all four

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Appmwc loi<i,[o())/1_

'~ontr~tors. In order to determine that Lockheed's proposal for changes required by this modification are fair and reasonable, a technical evaluation was conducted as well as a cost'price analysis. Analysis information from the original task order evaluation was used as a basis for determining the reasonableness of pricing. Among the areas evaluated are: direct rates, indirect rates, labor categories, labor mix, number

I of labcx hours proposed, material proposed, and ODCs. Pricing was compared to initiatives requiring a 1 similar level of effort.

The Office of Security Capabilities and Office of Acquisition fully support competition among vendors.

This exception to fair opportunity is required to facilitate successful completion of on-going testing that is critical to mission execution. Under the SESI IDTQ, all contractors are provided a fair opportunity to compete for new task order awards. Task Order r was competed amongst the four IDIQ awardees. As such, fair opportunity was provided.

1 certify that this requirement meets the Governmt>nt's minimum need and that the supporting data, which foro:' a basis for this justification, is complete and accur~te. 1~;{

_ ·;~ R!Ct; C/f-lf6Jil?J4V __ __-_:·:.~:,_-:" -~- (/I_..,_____ -~-1--f---·____::::_-l ~ Name (Printed) _ ·---/- _Si ure __ _

SECTION X: Concurrence and Approval The required levels of concurrence and approval of this Limited Sourced Justification depend on the estimated total value of the procurement. Concurrence and approval must be obtained for that level and each previous lE·vel.

Concurrence:

Program Manager:

Contracting Officer:

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Date

Division Director:

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