r_14986.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 OPPORTUNfTY (FOE) PURSUANT TO FAR 16.505(b)(2)(i) (A) Urgency

CONTRACT NUMBER(S) I CRM RESERVATION# I TASK ORDER NUMBER(S) I ESTIMATED DOLLAR VALUE N00039-11-D-0032 14986 . N6523619F0060 $73,122.14

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

3. DESCRIPTION OF SUPPLIES I SERVICES

Job Identification (JID) 209728 and 223589:Installation of AS-4775 Link16 Antenna on and

4. IDENTIFICATION OF EXCEPTION TO FAIR OPPORTUNITY

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

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

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

JUSTIFICATION

On 12/10/18 the Program Office submitted a BCR to move these installations into 3rd quarter FYl 9 from FY20. These installations are required for these Ships in support of NTGe 19 experimentation training exercise being conducted between and in September 2019. availability and availability are the Ships only availabilities before the required training in September 2019.

To solicit these instaIIations on a competitive basis and provide all Global Installation Multiple Award Contract (GIC MAC) holders a fair opportunity to submit offers would result in an unacceptable delay in nlaking a task order a\vard, cause a failure of the NTGe19 experimentation training exercise, and result in the Ships not being forward deployed. In accordance with paragraph (a)(9)(ii) ofGIC MAC clause C-326 Delivery ff ask Order Procedures (Oct 2003)--Alternate III (Oct 2003) (Deviation) this effmt is being added on an urgent basis using an alternating award approach and will be added to task order N6523619F0060.

5. DETERMINATION OF FAIR AND REASONABLE COST

The proposals will be analyzed in accordance \Vi th 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 government \Vill 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 kno\vn that 1neet the Government's unique needs, appropriate action to ensure full

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

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FAIR OPPORTUNITY EXCEPTION

CONTRACT NUMBER(S) I CRM RESERVATION# I TASK ORDER NUMBER(S) I ESTIMATED DOLLAR VALUE N00039-ll-D-0032 14986 N6523619F0060 $73,122.14 and open competition will be taken. The solicitation that was used to avvard 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 maximu1n 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, Ml) COR SIGNATURE

CONTRACTING OFFICER

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

i2<]Approval D Disapproval (Requirement is S$700K) 0Review Only (Requirement is >$700K)

CONTRACTING OFFICER NAME (Last, First, MD CONTRACTING OFFICER SIGNATURE IY~»lly>i,nNb,-llOLLTh"STODOAlrnl·H94H

Rollins, Todd A. ROLLINS.TODD.A.1229439452 D~. e•t.m,..-us Go>«r.r.<"\0"-!"']l·"'"P~lo-USN, .. -ROLi.i"" TO!UA mo.imi2 D>t<. 2019.02-12 1001 ¥1M'W

ACTIVITY COMPETITION ADVOCATE (SSC Atlantic 2.0/2.0A)

0Approval 0Disapproval (Requirement is S$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 D Disapproval (Requirement is s$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 rl

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CONTRACT NUMBER(S)

N00039-1 !-D-0032

.E.urpose of Form:

FAIR OPPORTUNITY EXCEPTION

I

CRM RESERVATION#

14986 I

TASK ORDER NUMBER(S)

N6523619F0060

INSTRUCTION PAGE

I

ESTIMATED DOLLAR VALUE

$73,122.14

- 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 (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 SC PPM, 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 2.0/2.0A). The Procuring Activity Competition Advocate signature is required on all FOEs serving as the approval of the FOE for al! procurement actions up to $13.SM.

- 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 Coples Req_y_irg_d_;_ 1

When and Where To Submit: After the Division HeadfTier 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