NMT-IPV IA FOE_Redacted.pdf

Version March 2022

JUSTIFICATION for an EXCEPTION to FAIR OPPORTUNITY for the placement of an order under a Multiple Award Contract (MAC)

Upon the basis of the following justification, I, , as Competition Advocate of Naval Information Warfare Center (NIWC) Pacific, hereby approve the Justification for an Exception to Fair Opportunity Pursuant to FAR 16.505(b)(2).

JUSTIFICATION

l. Agency and Contracting Activity. Department of the Navy, NIWC Pacific.

2. Nature/Description of Action. This a fair opportunity exception to place an order with Kratos

Defense & Rocket Support Services, Inc. (Kratos) under multiple award contract number N66001-21-D-0074. The task/delivery order number is TBD.

3. Description of Supplies/Services. Naval Information Warfare Center, Pacific (NIWC PAC) requires development, test and evaluation support of the Navy Multiband Terminal, International Partner Variant (NMT-IPV)

The award is anticipated for FY25. Foreign Military Sales (FMS) and Direct Cite funds will be used. The period of performance is 17-months, with a five-month base plus a one-year option period. The level of effort for this task is expected to be 4,424 hours, with an estimated value of .

4. Identification of the Exception to Fair Opportunity. (FAR 16.505 (b)(2))

Identification/Justification for Exception:

a. The agency need for services is of such urgency that providing fair opportunity would result in unacceptable delays.

b. Only one such awardee is capable of providing such services required at the level of quality required because the 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 as a logical follow-on to an order already issued under the MAC, provided that all the awardees were given fair opportunity to be considered for the original order.

Task Order N66001-22-F-0798 was solicited on 30 March 2022, with proposals due 19 April 2022. Kratos Defense & Rocket Support Services (Kratos) was the only RF COMM MAC holder to submit a proposal after a thirty-day solicitation period.

The Task Order was awarded to Kratos on 02 June 2022 for a 12-month base and two (2) 12-month option periods for a total amount of $1,654,192.00.

Kratos readily possesses the expert knowledge and experience needed to execute current and future Test & Evaluation efforts.

The expertise gained by familiarity with the requirement is used in Joint efforts across all services and International Partners to ensure Information Assurance is uniform and shared evenly with all stakeholders.

The Netherlands, Canada, Australia and United Kingdom (UK) are currently active Foreign Military Sales (FMS)/International Partners

If other than the incumbent is brought on, a potential learning curve of a minimum of six months to get new personnel up-to-speed is likely.

Bringing on a MAC holder that is familiar with the requirement and poised to begin work immediately eliminates the learning curve which saves the Government approximately $ . To maintain continued quality of support while executing this critical tasking in the most economical and efficient way, it is in the Governments best interest to award the follow-on to the existing contractor.

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

e. For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source.

5. Determination of Fair and Reasonable Cost. Based on the historic cost information currently available, the contracting officer has adequate information to ensure that the cost to the Government for this acquisition will be fair and reasonable.

6. Any Other Facts Supporting the Justification. N/A

7. Actions Taken to Remove or Overcome Barriers that Led to the Exception to Fair Opportunity.

If another potential source emerges, NIWC Pacific will assess whether competition for future requirements is feasible. If competition is deemed likely, the NMT-IPV Project can develop a performance specification that will support competition for future acquisitions of the same services.

TECHNICAL AND REQUIREMENTS CERTIFICATION (FAR 16.505(b)(2)) I certify that the facts and representations under my cognizance, which are included in this justification and which form a basis for this justification are complete and accurate.

Technical Cognizance/or COR:

Printed/Typed Name and Title Code Phone Date

REVIEW:

TECHNICAL AND REQUIREMENTS DIVISION HEAD (> $750K):

Printed/Typed Name and Title Code Phone Date

CONTRACTING OFFICER CERTIFICATION (FAR 16.505(b)(2)) (≤ $750K)

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

CONTRACTS BRANCH HEAD (> $750K):

APPROVAL:

COMPETITION ADVOCATE (> $750K to ≤ $15M):