60 - Redacted FOE 19-0037.pdf

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

IN ACCORDANCE WITH THE FOLLOWING JUSTIFICATION, AS Procuring Activity Competition Advocate SP A WARSYSCEN Atlantic , I HEREBY

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

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

N65236-18-D-4804 CRM-19-003 7 TBD $4,500,000

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 place a non-competitive task order under the Tagging) Tracking, Locating (TTL) Equipment and Support Services multiple award contract (MAC). The term of the proposed task order will include a 3-month base period and a 3-month option.

3. DESCRIPTION OF SUPPLIES I SERVICES

Host Nation Tagging Tracking and Locating (TTL) support provides Field Service Representatives (FSR) in Syria) Iraq and Africa.

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.

~ (b) Only one awardee ts capable of providing the supplies or services 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

This i~quirement is currently supported under Raytheon Blackbird Technologies' (RBT) Single Award Contract (SAC) N65236-09- D-5180 Task Orders N6523618F0086, N6523618F0143, and N6523618F0467 which currently expire on 11 January 2019. No fu1thcr extensions or task orders are allo\¥ed under RBT's SAC. 'fhis FOE is requested for a period of perfo1mance of 12 January 2019 through 11 April 2019 (plus a 3-month option period). The estimated cost is $2,000,000.00 for the 3-month base period and $2,500,000.00 for the 3-n1onth option period.

. As such, RBT is currently the only awardee capable of providing the highly specialized services.

5. DETERMINATION OF FAIR AND REASONABLE COST

The proposal will be analyzed in accordance \Vith 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 \¥ith independent governtnent 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.

SPAWARSYSCENLANT 4200110 (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

N65236-18-D-4804 CRM-19-003 7 TBD $4,500,000

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 currently competing a requirement for Host Nation suppo1t services under the TTL MAC N523618D4800/4805. The projected award timcframe is 2nd Qtr FY19. Other than the situation described herein, future orders under the inultiple award contract will be competitive to the maximun1 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 acknowtedg~ by signing this document.

COR NAME (Last. First. MD COR SIGNATURE

CONTRACTING OFFICER

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

0Approval Ooisapproval (Requirement is ~$?DOK) ~Review Only (Requirement is >$700K)

CONTRACTING OFFICER NAME (Last, First, MD CONTRACTING OFFICER SIGNATURE o-:,n,11,- '~"' u, 5".>.ro11 JES•rn 1m10m•

Seaton, Jesse R SEATON.JESSE.R.1249705736 !:;~~;~~c;;,~;,~~;-;:;;j,';',"'"',·"'°''"°""m" ""' Xll&.ll.1SJHBJ-0"0>J

ACTIVITY COMPETITION ADVOCATE (SSC Atlantic 2.0/2.0A)

IS:] Approval 0Disapproval (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 "'""""' ,;,o_.., 01HAR.'l!G SIE\DIG.12""15!3

I-larnig, Steven G HARNJG.STEVEN.G. 1228833513 :;;~~-1~-~!v~-;;",,";~;;,·1~0·"'·•ht=·11>N, ""' 20,._lUO(~~i25-®JO

EXECUTIVE DIRECTOR, SSC ATLANTIC

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

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

NAVY SENIOR PROCUREMENT EXECUTIVE

0Approval Ooisapproval (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)

N65236-18-D-4804

Purpose of Form:

FAIR OPPORTUNITY EXCEPTION

I

CRM RESERVATION#

CRM-19-0037 I

TASK ORDER NUMBER(S)

TBD

INSTRUCTION PAGE

I

ESTIMATED DOLLAR VALUE

$4,500,000

- 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 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 technic81 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 Regyired: 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 (DED) for authorization to proceed.

Form Location: SSC LANT Forms Library

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