FOJ_16_0094_redactedFINAL.pdf

DEPARTMENT OF THE NAVY

NAVAL AIR SYSTEMS COMMAND

RADM WILLIAM A. MOFFET BUILDING

47123 BUSE ROAD, BLDG 2272

PATUXENT RIVER, MARYLAND 20670-1547

IN REPLY REFER TO:

FOJ_16_0094

JUSTIFICATION FOR AN

EXCEPTION TO FAIR OPPORTUNITY

1. Contracting Activity.

Naval Air Systems Command (NAVAIR) Headquarters

2. Nature and/or Description of Action being Approved.

This Exception to Fair Opportunity Justification (FOJ) authorizes and approves the modification to add a 12-month period of performance extension to the Task Order to Insitu, Inc., 118 E.

Columbia Way, Bingen WA, under Contract N00019-12-D-0011. The Task Order concerns land-based Unmanned Aircraft Systems (UAS) Intelligence, Surveillance and Reconnaissance (ISR)

Services in support of US Central Command (USCENTCOM) Overseas Contingency Operations

(OCO) for Operation Resolute Support (ORS) Afghanistan. This is an Exception to Fair

Opportunity under the Naval Air Systems Command UAS ISR Services Multiple Award

Contract (MAC) (Land-Based) for which AAI Corporation of Hunt Valley, MD and Computer

Sciences Corporation (CSC) of Falls Church, VA were also awarded contracts. CSC recently sold ownership of its ISR Services division to PAE ISR, LLC. of Chantilly, VA. With Defense

Contract Management Agency (DCMA) concurrence via novation agreement on 22 December

2014, CSC transferred responsibility for MAC contract N00019-12-D-0010 to PAE ISR, LLC.

3. Description of the Supplies or Services Required to Meet the Agency’s Needs (including the estimated value).

This modification provides continued UAS ISR services to support USCENTCOM at five locations throughout Afghanistan, hereafter referred to as “Sites A, B, C, D, and F.” These UAS

ISR services will encompass both the operation and maintenance of the UAS to provide real-time imagery and data to USCENTCOM along with transportation of contractor personnel and equipment necessary to operate and maintain the site. Insitu, Inc. is currently providing the ISR

Services at Sites D and F through 31 December 2015 and at Sites A, B, and C through 16

January 2016 under Contract N00019-12-D-0011 Task Order 0003. The Task Order modification will extend the period of performance for all five sites by 12 months. The extension is structured as 300 sensor hours per month through completion of the period of performance. The estimated value of this Task Order modification is $34M.

4. Identification of the Justification Rationale (see FAR 16.505(b)(2)) and, if applicable, a

Demonstration of the Proposed Contractor's Unique Qualifications to Provide the

Required Supply or Service.

The Task Order modification must be issued on a sole-source basis because the agency’s need for the services is so urgent that providing a fair opportunity would result in unacceptable delays.

See FAR 16.505(b)(2)(i)(A). Insitu, Inc. is currently operating at all five sites. This modification represents a 12-month extension to a 48-month Task Order. The requirement to extend services by 12 months was received with insufficient time to compete the requirement before current

Task Order termination. Due to the short timeline between receipt of the requirement and current Task Order end date, delays to service associated with a competition and potential vendor change would result in a disruption to services provided. During the competition, source selection, and site setup, the site would stop operations. Lessons learned by the current vendor would be lost and the new vendor would require time to gain experience in the working environment. It is imperative that interruption of UAS ISR services at the five sites is minimized as any interruption would endanger the warfighter, non-combatants, and the mission of

USCENTCOM.

5. A Determination by the Contracting Officer that the Anticipated Cost to the

Government will be Fair and Reasonable.

In accordance with FAR 15.402(a), the Contracting Officer shall ensure that all supplies and services ordered under the Task Order are procured at a fair and reasonable price. The contractor will be required to submit a proposal for this effort with sufficient information to support the accuracy and reliability of the estimate. The contractor will submit cost and pricing data in accordance with FAR 15.403-3. Experienced technical analysts and contract specialists, with the aid of necessary field pricing support, will review the contractor’s proposed cost. Analysis will be based on information such as historical costs and rate recommendations provided by field pricing support agencies (DCMA and Defense Contract Audit Agency). The contracting officer will use cost and price analysis as the basis of negotiating a fair and reasonable price for the required efforts stated herein.

6. Any other Facts Supporting the Justification.

None.

7. A Statement of the Actions, if any, the Agency May Take to Remove or Overcome any

Barriers that Led to the Exception to Fair Opportunity before any Subsequent Acquisition for the Supplies or Services is Made.

Future requirements for UAS ISR Services which fall within the parameters of the UAS ISR

Services MAC will be competed among the MAC awardees unless an exception to Fair

Opportunity exists in accordance with FAR 16.505(b)(2).