15 FOE - Final.pdf

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

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

IN ACCORDANCE WITH THE FOLLOWING JUSTIFICATION, AS , I HEREBYProcuring Activity Competition Advocate SPAWARSYSCEN Atlantic

APPROVE THE EXCEPTION TO FAIR OPPORTUNITY (FOE) PURSUANT TO FAR 16.505(b)(2)(i) (B) Only One Source

CONTRACT NUMBER(S)

HHSN316201600010W

CRM RESERVATION #

N/A

TASK ORDER NUMBER(S)

TBD

ESTIMATED DOLLAR VALUE

$1,250,000.00

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

2. NATURE / DESCRIPTION OF ACTION(S)

NIWC Atlantic, on behalf of the Office of the Secretary of Defense (OSD) Acquisition, Technology, and Logistics (AT&L) Rapid Response Technology Office (RRTO), has a need to continue development of a bid data analytics capability and the re-factoring of the Joint Capability Support to National Emergencies (JCStoNE) tool to a classified environment and eventual incorporation into Joint Response Integrated and Collaborative Decision Support Tool (JRICO) as a Global Force Management (GFM) lite app. The action would be for a base year and one option year to cover this development under the Emerging Capabilities Technology Development (ECTD) program. It would be solicited under the National Institute of Health’s CIO-SP3 contract directly to Capstone Corporation, the incumbent of this development work.

3. DESCRIPTION OF SUPPLIES / SERVICES

Tasking for JRICO includes identification and incorporation of supporting micro-services, configuring data analytics technologies to support the JRICO technical architecture, and expanding the tagging strategy for unstructured civil data as well as structured Department of Defense (DoD) data. The key technology of JRICO is aimed at providing data tagging through autonomous machine-learning and ingesting it into a big data engine making it available for analytics and thereby enabling introduction of civilian Defense Support of Civil Authorities (DSCA) and Humanitarian Assistance/Disaster Response (HA/DR) capabilities to improve data fidelity for disaster response.

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.

(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.

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

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

JUSTIFICATION

The tasks described in the Performance Work Statement (PWS) consist of a base period plus one option year. These tasks are required for NIWC Atlantic to successfully deliver the JRICO ECTD prototype for transition. JRICO was programmed to transition to the ORION (also JS J35 efforts) framework by end of FY19, however ORION has experienced significant delays to its development schedule and will miss projected transition milestones. Due to the schedule slippage and other external constraints, the program office has elected to continue to mature JRICO to reduce future technical and schedule risk while the external transition programs reach technical milestones to incorporate JRICO outputs. This will allow for a more advanced ECTD product, which will more seamlessly integrate with ORION once it is fully established.

To continue JRICO development, the government requires the contractor to have extensive knowledge and experience with current JS 35 GFM processes and Capstone Corporation is currently the only available service provider with the extensive technical knowledge required to support the program and the JS J35 program office. The current task order ends on 24 September 2019. In order for NIWC Atlantic to continue this work and complete the ECTD, it is vital that we can access the deep domain knowledge of the GFM mission that Capstone has acquired. The Joint Staff (JS) selected NIWC Atlantic to be a one-stop shop for the continued development of JRICO. Without Capstone, NIWC Atlantic will be unable to develop the technical architecture, data tagging strategy, and the GFM applications that are needed for this JRICO ECTD. It is imperative that Capstone is available to perform the ECTD work beyond 24 Sep 2019 while ORION matures to accept transition. The supporting technology includes the Joint Operation Planning Execution System (JOPES), the Joint Planning and Execution Services (JPES) program, Global Laydown Server (GLS) and the planned ORION framework. JRICO ECTD tasks include converting the Preferred Force Generation (PFG), Joint Capability Requirements Manager (JCRM), and JCStoNE tools into GFM lite apps. Capstone was the lead on the PFG JCTD and they have created these lite apps featuring PFG, JCRM and JCStoNE in the past few months. This work would be lost if Capstone cannot continue to support this ECTD. Only Capstone has the in-depth knowledge of these JS J35 tools and programs to assist NIWC Atlantic as we work to ensure our JRICO architecture will be compatible with GLS and ORION.

Capstone has been working these programs and providing GFM technical services to the JS J35 since 2009. Since that time, SPAWARSYSCENLANT 4200/10 (Rev. 07/18) Page 2 of 4

FAIR OPPORTUNITY EXCEPTION

CONTRACT NUMBER(S)

HHSN316201600010W

CRM RESERVATION #

N/A

TASK ORDER NUMBER(S)

TBD

ESTIMATED DOLLAR VALUE

$1,250,000.00

Capstone has developed extensive GFM domain knowledge and in-depth understanding of the tools, technology, and transition path critical to the success of the JRICO ECTD. The current Capstone JRICO team of three (3) Full-Time Equivalents (FTEs) has been supporting the JS J35 initial JRICO planning and development and is the only team that possesses the experience and knowledge requirements vital to successful prototype delivery. Additionally, this team is currently re-factoring the JCStoNE tool for JRICO incorporation. Refactoring is the process of restructuring existing computer code (changing the factoring) without changing its external behavior. Refactoring improves non-functional attributes of the software. The unclassified JCStoNE prototype was originally delivered to the JS J35 by the Johns Hopkins Applied Physics Lab. Johns Hopkins does not have the capability to re-factor JCStoNE into a classified environment. The Government estimates that it would take another vendor at least 10 to 12 months at a cost of $650,000 to $800,000 to amass the same level of knowledge and expertise Capstone has with JRICO and the supporting GFM technology that underpins it. This level of proficiency is required now so that the NIWC Atlantic JRICO team can complete the initial development/demonstration phase and meet the ECTD delivery deadline of Jun 2021. It would not make sense programmatically to change contractors for the NIWC Atlantic JRICO ECTD that has already begun. The time required to compete this effort would effectively kill the JRICO program.

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 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 NIWC 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 solicitation that was used to award the basic contract from NIH 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

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, MI)

Thomas, Michael E.

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, MI)

Sapounas, Scott, L.

COR SIGNATURE

CONTRACTING OFFICER

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

Approval Disapproval (Requirement is <$700K) Review Only (Requirement is >$700K)

CONTRACTING OFFICER NAME (Last, First, MI)

Rosenbaum, Lisa L.

CONTRACTING OFFICER SIGNATURE

SPAWARSYSCENLANT 4200/10 (Rev. 07/18) Page 3 of 4

CONTRACT NUMBER(S)

HHSN316201600010W

CRM RESERVATION #

N/A

TASK ORDER NUMBER(S)

TBD

ESTIMATED DOLLAR VALUE

$1,250,000.00

ACTIVITY COMPETITION ADVOCATE (SSC Atlantic 2.0/2.0A)

Approval Disapproval (Requirement is <$13.5M) Review Only (Requirement is >$13.5M)

CONTRACTS TIER 1 OR DEPUTY NAME (Last, First, MI)

Harnig, Steven G

CONTRACTS TIER 1 OR DEPUTY SIGNATURE

EXECUTIVE DIRECTOR, SSC ATLANTIC

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

EXECUTIVE DIRECTOR, SSC ATLANTIC NAME (Last, First, MI) EXECUTIVE DIRECTOR, SSC ATLANTIC SIGNATURE

NAVY SENIOR PROCUREMENT EXECUTIVE

Approval Disapproval (Requirement is >$93M)

NAVY SENIOR PROCUREMENT EXECUTIVE NAME (Last, First, MI) NAVY SENIOR PROCUREMENT EXECUTIVE SIGNATURE

SPAWARSYSCENLANT 4200/10 (Rev. 07/18) Page 4 of 4

CONTRACT NUMBER(S)

HHSN316201600010W

CRM RESERVATION #

N/A

TASK ORDER NUMBER(S)

TBD

ESTIMATED DOLLAR VALUE

$1,250,000.00

INSTRUCTION PAGE

Purpose of Form:

- 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 / 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 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 2.0/2.0A). 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 (DED) for authorization to proceed.

Form Location: SSC LANT Forms Library

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

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

SPAWARSYSCENLANT 4200/10 (Rev. 07/18) Page of

FAIR OPPORTUNITY EXCEPTION

IN ACCORDANCE WITH THE FOLLOWING JUSTIFICATION, AS , I HEREBY

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

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

4. IDENTIFICATION OF EXCEPTION TO FAIR OPPORTUNITY

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.

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

CONTRACTING OFFICER

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

ACTIVITY COMPETITION ADVOCATE (SSC Atlantic 2.0/2.0A)

EXECUTIVE DIRECTOR, SSC ATLANTIC

NAVY SENIOR PROCUREMENT EXECUTIVE

INSTRUCTION PAGE

Purpose of Form:

- 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 / 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 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 2.0/2.0A). 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 (DED) for authorization to proceed.

Form Location: SSC LANT Forms Library

9.0.0.2.20120627.2.874785

To continue JRICO development, the government requires the contractor to have extensive knowledge and experience with current JS 35 GFM processes and Capstone Corporation is currently the only available service provider with the extensive technical knowledge required to support the program and the JS J35 program office. The current task order ends on 24 September 2019. In order for NIWC Atlantic to continue this work and complete the ECTD, it is vital that we can access the deep domain knowledge of the GFM mission that Capstone has acquired. The Joint Staff (JS) selected NIWC Atlantic to be a one-stop shop for the continued development of JRICO. Without Capstone, NIWC Atlantic will be unable to develop the technical architecture, data tagging strategy, and the GFM applications that are needed for this JRICO ECTD. It is imperative that Capstone is available to perform the ECTD work beyond 24 Sep 2019 while ORION matures to accept transition. The supporting technology includes the Joint Operation Planning Execution System (JOPES), the Joint Planning and Execution Services (JPES) program, Global Laydown Server (GLS) and the planned ORION framework. JRICO ECTD tasks include converting the Preferred Force Generation (PFG), Joint Capability Requirements Manager (JCRM), and JCStoNE tools into GFM lite apps. Capstone was the lead on the PFG JCTD and they have created these lite apps featuring PFG, JCRM and JCStoNE in the past few months. This work would be lost if Capstone cannot continue to support this ECTD. Only Capstone has the in-depth knowledge of these JS J35 tools and programs to assist NIWC Atlantic as we work to ensure our JRICO architecture will be compatible with GLS and ORION.

Capstone has been working these programs and providing GFM technical services to the JS J35 since 2009. Since that time, Capstone has developed extensive GFM domain knowledge and in-depth understanding of the tools, technology, and transition path critical to the success of the JRICO ECTD. The current Capstone JRICO team of three (3) Full-Time Equivalents (FTEs) has been supporting the JS J35 initial JRICO planning and development and is the only team that possesses the experience and knowledge requirements vital to successful prototype delivery. Additionally, this team is currently re-factoring the JCStoNE tool for JRICO incorporation. Refactoring is the process of restructuring existing computer code (changing the factoring) without changing its external behavior. Refactoring improves non-functional attributes of the software. The unclassified JCStoNE prototype was originally delivered to the JS J35 by the Johns Hopkins Applied Physics Lab. Johns Hopkins does not have the capability to re-factor JCStoNE into a classified environment. The Government estimates that it would take another vendor at least 10 to 12 months at a cost of $650,000 to $800,000 to amass the same level of knowledge and expertise Capstone has with JRICO and the supporting GFM technology that underpins it. This level of proficiency is required now so that the NIWC Atlantic JRICO team can complete the initial development/demonstration phase and meet the ECTD delivery deadline of Jun 2021. It would not make sense programmatically to change contractors for the NIWC Atlantic JRICO ECTD that has already begun. The time required to compete this effort would effectively kill the JRICO program.