r_14718.pdf

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

IN ACCORDANCE WlTH THE FOLLOWING JUSTIFICATION, AS Contracting Officer SPAWARSYSCEN Atlantic , I HEREBY

APPROVE THE EXCEPTION TO FAIR OPPORTUNITY (FOE) PURSUANT TO FAR 16.505(b)(2)(i) (C) Logical Follow-On

CONTRACT NUMBER(S) I CRM RESERVATION# I TASK ORDER NUMBER(S) I ESTIMATED DOLLAR VALUE N00039-15-D-0035 14718 N6523618F0650 $87,448.16

1. AGENCY AND CONTRACTING ACTIVITY: Department of the Navy, Space and Naval Warfare Systems Center Atlantic

2. NATURE I DESCRIPTION OF ACTION(S)

This is a fair oppo1tunity exception to issue a modification to an existing order under a multiple award contract.

3. DESCRIPTION OF SUPPLIES I SERVICES

JID 216802: Naval Modular Automated Communications System (NAVMACS) Technical Refresh onboard

4. IDENTIFICATION OF EXCEPTION TO FAIR OPPORTUNITY

D (a) The agency's need for supplies or seivices is so urgent that providing a fair opportunity would result in unacceptable delays.

D (b) Only one awardee is capable of providing the supplies or services at the level of quality required because the supplies or services ordered are unique or highly specialized.

cg) {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.

0 {d) It is necessary to place an order to satisfy a minimu~ guarantee.

D {e) The order exceeds the simplified acquisition threshold and statute expressly authorizes or requires purchase from the specified source.

JUSTIFICATION

The platform task order was released for solicitation in early 2018 to acco1nmodate an earlier than normal award.that was necessitated by the compressed availability schedule which resulted from the nuclear exclusionary period. All Global Installation Contract (GIC) Multiple Award Contract (MAC) holders were provided a fair oppo1iunity to compete for the task order. 1'he task order consists of several major installations, including the Consolidated Afloat Networks and Enterprise Services (CANES). NA VMACS Technical Refresh was not originally planned to occur during this availability; however, as the availability schedule moved right the Program Office determined that it was in the best interest of the Government to accomplish the NAVMACS effort in parallel with the on-going CANES installation given that NAVMACS integrates with CANES. Award to any contractor other than MC Dean, who already has qualified technicians on-board capable of completing this work, would potentially result in unacceptable operational inefficiencies, loss of economy of scale and unacceptable schedule delays. The NA VMACS Technical Refresh is a logical follow-on to on-going Task Order N6523618F0650 efforts and will be added in the interest of economy and efficiency. To award the NA VMACS Technical Refresh to a contractor other than MC Dean would result in increased cost to the Navy and potentially cause unacceptable and costly delays under N00039-15-D-0035 Task Order N6523618F-650.

5. DETERMINATION OF FAIR AND REASONABLE COST

The proposals will be analyzed in accordance with FAR 15.404. It is anticipated that the government will use various cost/price analysis techniques, including but not limited to: (1) comparison of proposed prices to historical prices paid; (2) comparison of proposed prices with independent government cost estimate amounts; and (3) comparison of proposed prices obtained through market research for the same or similar items, such that the anticipated cost to the governn1ent will be fair and reasonable.

6. ANY OTHER FACTS SUPPORTING THE JUSTIFICATION

None.

SPAWARSYSCENLANT 4200/10 (Rev. 07/18) Adobe L1veCycle Designer ES4 v11.0

FAIR OPPORTUNITY EXCEPTION

CONTRACT NUMBER(S) I CRM RESERVATION,# I TASK ORDER NUMBER(S) I ESTIMATED DOLLAR VALUE N00039-15-D-0035 14718 l N6523618F0650 $87,448.16

7. ACTIONS TAKEN TO REMOVE OR OVERCOME BARRIERS THAT LEAD TO THE EXCEPTION TO FAIR OPPORTUNITY SPAW ARSYSCEN Atlantic is continuously reviewing data on the industry and commercial products that provides silnilar products/ services. Should other acceptable sources become kno\vn that meet the Government's unique needs, appropriate action to ensure full and open competition \Vill be taken. The solicitation that was used to award the base task order tvas awarded on a competitive basis.

Other than the situation described herein, future orders under the multiple a\vard contract will be competitive to the maximum extent possible.

TECHNICAL AND REQUIREMENTS CERTIFICATION

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

DIVISION HEAD /TIER 2 OR DELEGATE (Last, First, MD DIVISION HEAD /TIER 2 OR DELEGATE SIGNATURE

NOTE: If FOE is for services, Contracting Officer Representative (COR) must acknowledge by signing this document.

COR NAME (Last, First, MF) COR SIGNATURE

CONTRACTl~G OFFICER I certify that tliis justification is accurate and complete to the best of my knowledge.

i:g]Approval Ooisapprova! (Requirement is~$700K) 0Revlew Only (Requirement is >$700K)

CONTRACTING OFFICER NAME (Last, First, MD CONTRACTING OFFICER SIGNATURE ,,;, .. u,- •t;:nolb,-ROLlTh"STOOOA nrnmi2

Rollins, Todd A. ROLLINS.TODD.A.1229439452 W ,~us, o.-U_; a,..·=<cl.~"~""o. oo~rKI. =USN.

.,,oJr.OU.11'"l'O!JD.Al2'-'"""-'2 O<!o.Xl!00! 0 152<0! --OSW

ACTIVITY COMPETITION ADVOCATE (SSC Atlantic 2.0/2.0A)

0Approval Ooisapproval (Requirement is~$13.5M) 0Review Only (Requirement is >$13.5M)

CONTRACTS TIER 1 OR DEPUTY NAME (Last, First, MD CONTRACTS TIER 1 OR DEPUTY SIGNATURE

EXECUTIVE DIRECTOR, SSC ATLANTIC

0Approval 0Disapproval (Requirement is ~$93M) 0Review Only (Requirement is >$93M)

EXECUTIVE DIRECTOR, SSC ATLANTIC NAME (Last, First, MD EXECUTIVE DIRECTOR, SSC ATLANTIC SIGNATURE

NAVY SENIOR PROCUREMENT EXECUTIVE

0Approval 0Disapproval (Requirement is >$93M)

NAVY SENIOR PROCUREMENT EXECUTIVE NAME (Last, First, MD NAVY SENIOR PROCUREMENT EXECUTIVE SIGNATURE

SPAWARSYSCENLANT 4200/10 (Rev. 07/18) Page 2 of3

CONTRACT NUMBER(S)

N00039-15-D-0035

Purpose of Form:

FAIR OPPORTUNITY EXCEPTION

I

CRM RESERVATION#

14718 !

TASK ORDER NUMBER(S)

N65236 l 8F0650

INSTRUCTION PAGE

I

ESTIMATED DOLLAR VALUE

$87,448.16

- Pursuant to FAR 16.505, each order exceeding the simplified acquisition threshold shall be placed on a competitive basis, unless there is justification for an exception to fair opportunity and is supported by a written determination. The SW4200/10 Fair Opportunity Exception serves as the written determination approved at the appropriate signature level determined by FAR 16.505(b)(2)(i).

Who Signs the Form I Form Required Signatures:

- Contracting Officer Representative (COR) signature required on Services FOEs certifying the facts and representations included in the justification, which form a basis for the justification, are complete and accurate. Per the SPAWAR Contracts Policy Procedure Manual (SCP PM), the COR recommends the FOE.

- Division Head!Tier 2 (or delegate) signature required certifying the facts and representations included in the justification, which form a basis for the justification, are complete and accurate. Per the SCPPM, the individual with technical and requirements cognizance is required to concur with the FOE. If the FOE is for Competency Work, the Competency Tier 2 (or delegate) is required to concur with the FOE.

- $0 - $700,000: Contracting Officer, (cite activity).

- - The Contracting Officer signature is required on all FOEs serving as the approval of the FOE for all procurement actions up to $700K.

Form Conditional Signatures:

- Over $700,000 - $13.5 million: Activity Competition Advocate (SSC Atlantic 2.0/2.DA). The Procuring Activity Competition Advocate signature is required on all FOEs serving as the approval of the FOE for all procurement actions up to $13.5M.

- Over $13.5 million - $93 million: Executive Director, SSC Atlantic.

- - The Executive Director, SSC Atlantic signature is required on all FOEs serving as the approval of the FOE for all procurement actions up to $93M.

- Over $93 million: Navy Senior Procurement Executive.

- - The Navy Senior Procurement Executive signature is required on all FOEs serving as the approval of the FOE for all procurement actions over $93M.

Number of Copies Required: 1-

When and Where To Submit: After the Division Head!Tier 2 (or delegate) reviews/signs the FOE, submit to the SSC Atlantic Deputy Executive Director (OED) for authorization to proceed.

Form Location: SSC LANT Forms Library

SPAWARSYSCENLANT 4200/10 (Rev. 07/18) Page 3 of3