J A11N0022.docx

J&A NUMBER 19-11

J&A No. 19-11

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

Upon the basis of the following justification, I hereby approve the issuance of the contractual action described below:

JUSTIFICATION

1. Identification of Agency and Contracting Activity.

Office of Naval Research

2. Nature/Description of Action.

The purpose of this Justification and Approval is to request authorization to issue a sole source contract to Wyle Information Systems. The performance period for the contract shall be until 31 December 2011. The purpose of the contract is to the continue services currently provided on expiring GSA Task Order GST-0006-A-JIT02. The extension will allow the government sufficient time to award a follow-on contract

3. Description of Supplies/Services.

Information Technology Support Services for the Office of Naval Research Command, Chief Information Officer (Code 06) were placed under a GSA Task Order around 9 January 2006 with a twelve (12) month base period and four (4) twelve (12) month option periods. Total estimated dollar value for the length of the contract was $27,984,427. Total estimated dollar value by year was as follows: Base Period - $5,525,235; Option Period I - $5,567,269; Option Period II - $5,497,643; Option Period III - $5,681,627; Option Period IV - $5,629,033.

4. Identification of Statutory Authority. The statutory authority permitting other than full and open competition is:

Title 10 U.S.C. 2304(c) (1), Only one responsible source, as implemented by the Federal Acquisition Regulation (FAR) 6.302-1 -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. Demonstration of Contractor’s Unique Qualification.

GSA Task Order GST-0006-A-JIT02, is currently in place with Wyle Information Systems. As per FAR 6.302-1(iii): “For DoD, NASA, and the Coast Guard, services may be deemed to be available only from the original source in the case of follow-on contracts for the continued provision of highly specialized services when it is likely that award to any other source would result in – (B) Unacceptable delays in fulfilling the agency’s requirements.” If the services provided under Wyle Information Systems are allowed to lapse, there will be no Automated Information Systems Support for ONR until a new contract can be competitively awarded. This would result in a decline in Code 06’s ability to provide information technology support to the Command and impact several other Codes that depend on Automated Information Systems. As such, this contractor is the only one who can perform these services until a follow-on contract is completed.

6. Description of Efforts to Ensure Other Potentials Sources Were Sought.

In November of 2010, a Contract Specialist began working with the Program Office on a competitive solicitation. Since the Command reviewed and restricted its Information Technology Support Services, preparing the solicitation took longer than anticipated. The Contracting Officer is working with the Program Officer to review proposals and move towards an award decision.

7. Determination of Fair and Reasonable Cost.

In order to make a determination that the anticipated cost to the government will be fair and reasonable, the Contracting Officer compared the proposed cost of extending service to existing cost and pricing data. The work was previously solicited under a competitive basis, ensuring fair and reasonable cost. The services provided have not changed any anyway to alter the cost structure and undermine the comparison.

8. Description of Market Survey.

In lieu of a market survey, a Sole Source Notice is being prepared.

9. Any Other Supporting Facts.

As detailed above, were the current award, GSA Task Order GST-0006-A-JIT02, to be closed out prior to the award of a follow-on contract, ONR Code 06 and ONR would be without Automated Information Systems Services for the duration of the lapse in coverage. This would harm their ability to fulfill their requirements.

10. Listing of Interested Sources.

Multiple offerors submitted proposals to the solicitation for a five year task order award. For the immediate extension of services, however, a Federal Business Opportunities Sole Source Notice is being prepared.

11. Actions Taken to Remove Barriers to Competition.

In order to remove barriers to competition, GSA Schedule holders have been solicited for proposals. It is the Government’s intent to award a five year contract as soon as possible through a fair and open competition.

12. Statement of Delivery Requirements.

Delivery Requirements: Quarterly Cost and Performance Reports that include list of all ongoing task orders, project title, total order amount, costs incurred to dare, estimate to complete, schedule of deliveries or milestones, actual date of delivery or completion of milestones, notice of any anticipated delays, brief summary of progress, explanation of any anticipated problems and actions being taken to correct problems; Configuration, Life Cycle, Software Development, and Design Documentation and a Task Order Completion Report that includes complete breakdown of total incurred projects costs by cost element, breakdown of all direct charge hours incurred by labor category, date of completion, list of all deliverables and date provided, and estimate of the excess funds, if any, which are available for deobligation.

13. Reference to the Approved Acquisition Plan (AP) or Equivalent Documentation. .

Not Applicable.

14. Explanation of all actions attempted to make the immediate acquisition competitive and the cost /benefit analysis reflecting costs associated with obtaining competition and anticipated benefits.

The immediate acquisition was attempted to be made competitive through the use of the GSA solicitation process. The current competition combined several support services provided under different contracts into one requirement. This will allow the Government to take advantage of economies of scale; however, creating a comprehensive requirement required more time than anticipated. Furthermore, once proposals were received, a Contract Specialist has been working on the cost realism memorandum and competitive range determination. This process to obtain maximum competition has taken longer than originally planned due to delays in finalizing the technical evaluation, and therefore approval is requested to extend the period of performance of GSA Task Order GST-0006-A-JIT02. Anticipated benefits to extending the period of performance include a more robust comparative analysis of proposals and allow for an opportunity to enter into discussions.

TECHNICAL AND REQUIREMENTS CERTIFICATION REQUIRED BY FAR 6.3032(b)

I certify that the facts and representations under my cognizance which are included in this justification and which form a basis for this justification are complete and accurate.

Requirements Cognizance: (Program Officer/Contracting Officer's Technical Representative)

Name and Title

Code

Phone

Date

Requirements Cognizance: (Division Director or equivalent)

Name and Title

Code

Phone

Date

CONTRACTING OFFICER CERTIFICATION REQUIRED BY FAR 6.303-2(a)(12)

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

Name and Title

Code

Phone

Date

REVIEW BY COUNSEL (NMCARS 5206.30390)

Name

Date

APPROVAL BLOCK REQUIRED BY FAR 6.304 (see FAR 6.304 and DFARS 206.304 for Approving Official):

APPROVED:

Name and Title:

(Signature)

Mark Bennington Executive Director for Acquisition Management

Date

CONTRACT NUMBER N00014-11-C-0568