IDOps_JA_17-006_Redacted.pdf

UNITED STATES MARINE CORPS

MARINE CORPS INSTALLATIONS COMMAND

3000 MARINE CORPS PENTAGON

WASHINGTON, DC 20350-3000

IN REPLY REFER TO:

MCICOM-JA-17-006

29 March 2017

JUSTIFICATION AND APPROVAL FOR

USE OF OTHER THAN FULL AND OPEN COMPETITION

UNDER THE AUTHORITY OF FAR 6.302-5, AUTHORIZED OR REQUIRED BY STATUTE

1. Contracting Activity.

Marine Corps Installations Command (MCICOM) HQ Contracting - Arlington, VA

2. Description of Action Being Approved.

Authority to act under this J&A for the award of a contract utilizing the Women-owned Small Business (WOSB)

Program direct award authority for analytical program management services in support of Headquarters Marine

Corps (HQMC), Deputy Commandant, Plans, Policies, and Operations (PP&O) Security Division (PS).

3. Description of Supplies/Services.

This J&A authorizes and approves the award of a sole-source, firm-fixed price contract to Operational Intelligence, LLC. located at 800 Corporate Drive Stafford, VA 22554, for analytical program management support for PP&O, PS. Contractor support services are required to support PP&O, PS with Identity Operations Sustainment Program iniatives within the five (5) task areas below:

Task 1 - Continental United States (CONUS) Identity Operations Programs Support

Task 2 - Exploitation and Forensics Support

Task 3 - Maritime Identity Operations Support

Task 4 - Headquarters/Command Identity Operations Program Support

Task 5 - Identity Intelligence Integrator Support

Specific subject matter expertise (SME) support is needed for these task areas which requires key personnel with

USMC/USN operational experience, biometric/forensics/identity operations analysis experience, National Forensic

Science Training Center specific training experience, as well as law enforcement experience. The performance period for this contract is anticipated to have a one-year base period and three (3) one-year option periods. The estimated value of this procurement is . FY17 O&M, Marine Corps funding will be used for the base period of this requirement.

4. Statutory Authority Permitting Other Than Full and Open Competition.

The statutory authority permitting other than full and open competition is 15 U.S.C. Section 637(m), as implemented by the Federal Acquisition Regulation (FAR) 19.1506, Women-Owned Small Business Program Sole Source

Awards, and recognized as a statute that expressly authorizes or requires that acquisition to be made from a specified source in FAR 6.302-5, Authorized or Required by Statute. This Statute expressly authorizes acquisitions to be made under the WOSB program.

5. Rationale Justifying Use of Cited Statutory Authority.

FAR 6.302-5(b)(7) authorizes sole source awards under the WOSB Program- 15 U.S.C. 637(m).

The regulations for implementing this statutory authority are contained in FAR 19.1506(b). This Subpart states that a contracting officer shall consider a contract award to an WOSB concern eligible under the WOSB Program on a sole source basis before considering small business set-asides if the following conditions apply:

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

The NAICS code assigned to this acquisition is 541690- Other Scientific and Technical Consulting Services. NAICS

541690 is on the SBA’s list of underrepresented NAICS codes for WOSB concerns.

The contracting officer does not have a reasonable expectation that offers would be received from two or more EDWOSB concerns;

A Request for Information (RFI) was issued looking for capable businesses who could perform PP&O’s Identity

Operations Sustainment requirement. Four (4) responses were received from WOSB concerns. The technical point of contact (TPOC) and subject matter expert for this requirement, Mr. Jeremy Powell, analyzed the responses by reviewing the capability statements and responses to the market survey questions submitted by the companies. After this analysis took place, only one (1) WOSB concern, Operational Intelligence, LLC., was found to have the capabilities to successfully perform the Government’s requirement in its entirety. This determination is based upon their response to the market survey as to how they would perform the task areas and their ability to meet the experience/expertise requirements. Therefore, the contracting officer does not have a reasonable expectation that two or more responsible WOSB concerns have the capability and interest in submitting an offer for this requirement.

The anticipated award price of the contract, including options, will not exceed $4 million.

The estimated award amount for this procurement, including all options, is , which is less than the $4 million threshold.

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

Operational Intelligence, LLC. is active in the System for Award Management (SAM) with no exclusion records.

There are no records of adverse past performance in the Past Performance Information Retrieval System (PPIRS).

The award can be made at a fair and reasonable price.

The Contracting Officer has a reasonable expectation that award will be made at a fair and reasonable price.

Utilizing procedures at FAR 13.106-3, proposed pricing and labor rates will be compared to other current DoD, DoN and/or USMC contracts for similar support as well as commercial labor rates for the same or similar labor categories.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Possible.

Market research was conducted including a sources sought notice to identify interested and capable WOSB firms for this requirement. Four (4) responses were received from WOSB. FAR Subpart 19.203 (Relationship Among

Small Business Programs) was reviewed for guidance. FAR19.203(c) states that the contracting officer shall first consider an acquisition for the small business socioeconomic contracting programs before considering a small business set-aside. This is further echoed in FAR 19.1506(b), which states that a contracting officer shall consider a contract award to a WOSB concern on a sole source basis before considering small business set-asides. In accordance with FAR 19.203 (Relationship Among Small Business Programs), there is no order of precedence among the various socioeconomic contracting programs and the Government should consider the market research and agency progress in fulfilling small business goals in making its decision on which program to utilize. The

Government has taken both of those into consideration in its decision to utilize the authority at FAR 19.1506 to contract with an WOSB for this requirement.

The Government intends to post a synopsis including notification of intent to direct award at the Government Point of Entry, FedBizOpps website.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer has determined the anticipated cost to the Government of the supplies/services covered by this J&A will be fair and reasonable in accordance with FAR Part 13.

8. Market Research Conducted. See Section 5 above.

9. Actions to Remove Barriers to Future Competition.

For future contracts for the types of services covered by this J&A, market research will be conducted to assess whether competition is feasible.

CERTIFICATIONS AND APPROVAL

Technical/Requirements Certification

I certify that the facts and representations under my cognizance, which are included in this Justification and its supporting acquisition planning documents, except as noted herein, are complete and accurate to the best of my knowledge and belief.

(Signature)_ __Date_________________

Printed Name and Phone No._____________________________________________________

Legal Sufficiency Review

I have determined that this Justification is legally sufficient.

(Signature)_ __Date_________________

Printed Name and Phone No._____________________________________________________

Contracting Officer Certification

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

(Signature)__ _Date_________________

Printed Name and Phone No.____________________________________________________

Command Competition Advocate Approval

(Signature)__ _Date_________________

Printed Name and Phone No.____________________________________________________