r_15045.pdf

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

IN ACCORDANCE WITH THE FOLLOWING JUSTIFICATION, AS Contracting Officer SP A WARSYSCEN Atlantic , I HEREBY

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

CONTRACT NUMBER(S) I CRM RESERVATION# I TASK ORDER NUMBER(S) I ESTIMATED DOLLAR VALUE

N00039-15-D-0035 15045 N6523619FOIOI $73,624.73

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

2. NATURE/ DESCRIPTION OF ACTION(S)

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

3. DESCRIPTION OF SUPPLIES/ SERVICES

Job Identification (JID) 223768, 223770 and 223766 Satellite TDL-J onboard

Availabilities Being Targeted:

4. IDENTIFICATION OF EXCEPTION TO FAIR OPPORTUNITY

D (a} The agency's need for supplies or services 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.

[2J (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.

D (d) It is necessary to place an order to satisfy a minimum guarantee.

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

JUSTIFICATION

The U.S. Navy 8 has identified a requirement for Beyond Line of Sight (BLOS) Link 16 and Identification Friend or Foe (!FF) Mode 5 & Mode S (Mode 5/S) capability for deploying FREEDOM Class LCS Ships. FREEDOM Class LCS ships frequently deploy independently or BLOS of Strike Groups which results in their current Link 16 Common Tactical Picture (CTP) being limited. The required capability upgrade will significantly improve FREEDOM Class Ships' operational situational awareness and enhance their combat effectiveness in theater. Furthermore, the BLOS Tactical Data Link capability will significantly increase the FREEDOM Class LCS ships' survivability. BLOS via STJ is mandated by OPNAV N96 letter dated 20 NOV 2017. US Fleet Forces Command has mandated IFF Mode 5 be implemented for all deployed ships by 2020 and Mode Sas soon as practicable. IFF Mode 5 provides enhanced identification of friend or foe capabilities. Without IFF Mode 5/S there is the increased possibility of misidentification of targets and friendly forces, CDLMS 3.8.8.2.0-4 is required to enable this capability. The planned availability dates for are the only dates available for installation of these capabilities prior to each ship's deployment. is the training ship and requires the aforementioned installations to afford crews the ability to train on the equipment prior to their deployments. The Government attempted to identify internal resources capable·of executing these installations; however, sufficient Government experts are not available to support the managed availability dates. To solicit these installations on a competitive basis and provide all Global Installation Multiple Award Contract (GlC MAC) holders a fair opportunity would result in a task oder award too late to support the identified availabilities and result in being unable to forward deploy. MC Dean is currently executing installations on on-board other LCS Class Ships and has the resources available to perform these installations in the required time frame. In the interest of economy and efficiency the aforementioned installations arc being added to N00039-15-D-0035 task order i

N6523619F0101.

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

SPAWARSYSCENLANT 4200/10 (Rev. 07118) 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- J 5-D-0035 15045 , N6523619F0101 $73,624.73 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 government will be fair and reasonable.

6. ANY OTHER FACTS SUPPORTING THE JUSTIFICATION

None.

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 similar products/ services. Should other acceptable sources become known that meet the Government's unique needs, appropriate action to ensure full and open competition will be taken. The solicilation that was used to award the basic contract was publicized on FedBizOpps and awarded on a competitive basis. Other than the situation described herein, future orders under the multiple award contract will be competitive to the maximum extent possible.

TECHNICAL AND REQUIREMENTS CERTIFICATION

1 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 (Las/, First, M0 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 (Las/, Firs/, M0 COR SIGNATURE

CONTRACTING OFFICER

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

cg]Approval 0Disapproval (Requirement is .'.':_$700K) 0Review Only (Requirement is >$700K)

CONTRACTING OFFICER NAME (Las/, Firs/, M0 CONTRACTING OFFICER SIGNATURE l>,<.t,L\,·,i,;oNby ROllTh.S TODD A ll?.l}'4"

Rollins, Todd A. ROLLINS.TODD.A.1229439452 !:;':~~~;~~~1,;>,:~;;;;;;;'"'1'·~·-P~(~;aU>>l.

lh!<2"I001.27WIO.l5-<>IWJ

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 (Las/, First, Ml) CONTRACTS TIER 1 OR DEPUTY SIGNATURE

EXECUTIVE DIRECTOR, SSC ATLANTIC

0Approval D Disapproval (Requirement is .'.':_$93M) 0Review Only (Requirement is >$93M)

EXECUTIVE DIRECTOR, SSC ATLANTIC NAME (Last, Firs/, M0 EXECUTIVE DIRECTOR, SSC ATlANTIC SIGNATURE

NAVY SENIOR PROCUREMENT EXECUTIVE

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

NAVY SENIOR PROCUREMENT EXECUTIVE NAME (Las/, First, M~ 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#

15045 I

TASK ORDER NUMBER(S)

N6523619F0101

INSTRUCTION PAGE

I ESTIMATED DOLLAR VALUc

$73,624.73

- 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 SW420D/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 Sigrnrtures:

- 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 SPA WAR Contracts Policy Procedure Manual (SCPPM), the COR recommends the FOE.

- Division HeadfTier 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. Jf 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 2.0/2.0A). The Procuring Activity Competition Advocate signature is required on al! 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/fier 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