JA_Redacted.pdf

DEPARTMENT OF THE NAVY

NAVAL UNDERS E A WARFA R E CENT ER OIY IS ION

6t0 OOW EL.L STR£ET

K£Y'PORT. WASHI NGTON &834 6·?6 10

JUSTTFTCATTON AND APPROVAL

J&A Number: 15027 Code: 023

FOR USE OF OTHER THAN FULL AND OPEN COMPETIT IO!\

JUSTIFICATION

I. Contracti ng Activity

The >lava! Sea Systems Command. Naval Undersea Wa1iare (NUWC) Center Division Keypon.

Acquisition Division (Code 02).

2. Description of the Action Being Approved

The proposed contract will provide support services without provid ing for fu ll and open competition to Indus Tech.nolo&'Y, Inc., 2243 San Diego Ave, San Diego, CA 921 10. The proposed acquisi tion will result in a cost plus fixed fee bridge contract for a period of two months wi th th ree addi tional two-month option periods to meet mission requirements .

3. Description ofSuppliesiServices

The proposed contract will provide services for Engineering, Teclrnical, Infrastructure, Logistic, Business. and Underwater Vehicle Operational Site SLLpport Services for the Hawai i Fleet Operational Assessment Division, Code 24; San Diego Fleet Operational Readiness Division, Code 25; Pearl Harbor Torpedo Division, Code 34; Fleet Technical Support Division, Code 45; and the Paci fic Dctaciuncnt Code DTC Staff. at NUWC Division Keyport Detachments in San Diego, CA; Kauai, HT; va1ious locations on Oahu. HT; Guam, Japan, The proposed contract will pro vide required services only until resolution of the GAO protest of the awarded follow-on task order is completed. The services requested are non-personal in nature and arc mission critica l.

The Govcnuncnt' s minimum needs have heen veri fied hy the certifying technical and requirements personnel. The estimated dollar value o f th is action is including all option periods. as shown below:

Distribution Statement A. Approved for public release.

J&A Number: 15027

FY16

4. Statut01y Authority Pennitting Other Than Full and Open Competition

The statutory authority permitting other than full and open competition is contained in 10 U.S.C. 2304(c)( I) and (c)(2) as implemented in FAR 6.302-1, "Only One Responsible Source and no other supplies or services will satisfy agency requirements," and FAR 6.302-2, "Unusual and Compelling Urgency" (48 C.F.R. 6-302- l and 48 C.F.R. 6-302-2).

5. Rationale Justifving Use of Cited Statutory Authority

FAR 6.302-1 (a)(2)(i ii) allows an agency to restrict competition when services are deemed to be avai lable only from the original source in the case of a follow-on contract, for the continued provision of highly specialized services when it is likely than an award to any other source would result in "unacceptable delays in fulfill ing the agency's requirements". The original task order with Indus Teclmology, Inc. was a competitive award and the period of perfonnance ends 31 October 20 15. The follow on task order, NOOl 78-14-0-7656 FYO 1, was awarded on 3 1 July 2015. A GAO protest was fi led after award of the follow on task order.

The deadline for a GAO protest decision is I 00 days after the protest is filed. This contract will bridge a two-month gap between the end of the current SeaPort-e task order (NOOl 78-04- D-4067-FY05) and the GAO protest dec ision. Three two-month option periods are included in the event GAO requires a re-evaluation of the award decision and to allow the expected awardee time to sta1t pe1formance.

The Contractor provides profess ional, technical, advisory and material support to the fleet.

A warding to a new contracto r during th is short period of perfonnance will seriously harm NUWC Division Kcyport' s ab ility to provide the continuity of services necessary to support NA VS EA 's mission. No company other than Indus Technology, [ne. has sufficient time to obtain the experience required to meet the Government 's needs. In order to hire ei ther current [ndus employees or find other qualified individuals the stait-up time is estimated to be between 14-30 days. This delay does not meet the Govenunent's needs. lfa competitive procurement were required for the proposed bridge contract, it would cause a twelve montn delay in providing these services. Specific services that would be delayed include the following:

• production throughput will be affected by a loss of contractor support at the Hawai i, Guam, and San Diego Operating Sites, impacting the detaclunents' ability to provide to suppo rt fl eet training requirements.

Besides del iveries, preventative maintenance of veh icles and support equipment will suffer, greatly impacting the ability to recover once contractor personnel are back on task and increasing risk of equipment failure due to lack of required maintenance.

• All network, lnfonnation Technology (IT), and Information Assurance ( IA) support for the Pacific Detachment's Navy Marine Corps Internet and Research Development Test & Evaluation systems would cease and result in detachment wide work stoppages. Local trouble ticket, desktop application, network connectivity, YOU\ email, VTC, server, and SharePoint support would not be provided and availab le to Detachment employees. IA required scanning, patching, and software maintenance would lapse, resulti ng in potential IA pol icy non-compliance.

• Fleet Waterfront support services would be affected.

• Data reduction and data processing s upport would s uffer delays, impacting Code 24 's ability to reconstruct and analyze with feedback and deliverables required to the fleet. Besides data processing for regular and routine fleet training events, planning and test execution phases of large-scale exercises and test and evaluation support of acquisition programs would also be impacted.

• Unacceptable delays would occur in test planning, execution, repo11 generation/delivery, and logisti cal support for current and future impacting Code 24 's abil ity to provide t imely deliverables to the Fleet.

• Program and Administrati ve Suppon provides support across all projects. Support includes general program and administrative support functions, e.g. command and division co11espondence; security visi t requests generation, processing and distribution of visitor requests; fi nancial tracking, planning. and report generation; message generation.

teclmical report consolidation and report posting. Interruption of these services wi ll impact command and division capabilities to effectively and efficiently conduct business requirements and practices, includ ing financial tracking/projections and test conduct reporting.

• Intenuption of services at the Intermediate Maintenance Activity, including maintenance of the Automated Process Control System. would result in the loss of support to several mission critical systems and sub-systems, making it impossible to process and dramatically impacting Submarine Force Pacific Fleet requirements.

• All ongoing facil ities proj ects support would be impacted, resulting in delays or resource shortages. Related training, inspection, monitoring, and documentation assistance would face potential regulatory non-compliance situations.

T he Government estimates that allowing for full and open competition for the proposed contract would take twelve months. An interruption of service for th is time would cause unacceptable delays and impact the abili ty to meet the Fleet' s mission. The proposed contract allows for continuity of services between the expiration of the current task order and resolution of the GAO protest.

6. Description of Efforts Made to Solicit Offers from as Manv Offerors as Practicable

The proposed sole source contract was synopsized on the Federal Business Oppo1t uni ties websites on 26 Augi1st with a closing date of09 Sept~mber in accordance with FAR 5.2. To date, no responses were received.

No market research will be conducted because it is not practicable, for the reasons discussed in paragraph 5 above. for any company other than Indus Technology, Inc. to provide the requi red services.

7 . Determination of Fair and Reasonable Costs

The Contracting Officer wil l detem1ine that the price negotiated for this procurement is fa ir and reasonable prior to award.

8. Actions to Remove Barriers to Competition

Award of a competitive follow-on task order under the SeaPort-e contract is currently awaiting a GAO protest decision. A bridge contract i~ required for two mon ths unti l such time that the GAO protest decision is issued and the stop work order can be lifted. Options are included in the event GAO requires a re-evaluation of the award decision and to allow the expected awardee time to start perfo1mance. The following shows the award schedule for the follow on compet ition:

M ilestone Planned Date

Contract A ward 31 July20 15

GAO Protest Decision Expected 20 November 2015

Potential Re-Evaluation Period 30 May 2016

Contract Stai< Up 15 June 2016

I

J&A Number: 1 50~7

Cl.:RllHL\IJO~!:> ANO :\Pl'RO\',\L I

J Ll H.' ll:\L'RHJL IRl:'.\IE'HS CERTIFICA TIO' (FAR 6.:10:1-2(b))

I ecnif) 1hat the lacl' and rcprescntalicm.s under my cognizance. which a~ included in this justification and fonn 3 basis !or lhl> JU.,llli"allon. are complete and ~ccuratc to the b..."St of mi l.nnwledge and belief.