r_19F0548.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 OPPORTUNITY (FOE) PURSUANT TO FAR 16.505(b)(2)(i) (C) Logical Follow-On

CONTRACT NUMBER(S) I CRM RESERVATION# I TASK ORDER NUMBER(S) I ESTIMATED DOLLAR VALUE N00039-15-D-0035 15376 N65236 l 9F0548 $24,022.12

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

2. NATURE/ 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/ SERVICES

Job Identification (JID) 226080 Computer Network Defense (CND) Deployer Toolkit on-board

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.

D (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.

0 (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

Task Order N6523619F0548 was competitively awarded in May 2019 for installation of Consolidated Afloat Network Enterprise Services (CANES) on-board during her FYl 9 Drydocking Phased Maintenance Availability (DPMA).

All Global Installation Contract (GIC) Multiple Award Contract (MAC) holders were provided a fair opportunity to submit competitive proposals. The CND Deployer Toolkit was not originally anticipated for installation on-board during her DPMA. The JID was a late add and not approved until after award of task order N6523619F0548.

Cybersecurity threats and events on network will not be able to be identified, investigated, monitored and analyzed by the Navy Cyber Defense Operations Command (NCDOC) Defense Cyber Operations (DCO) as tasked by the Fleet Cyber Command (FCC) to meet the Navy's contribution to the U.S. Cyber Command (USCYBERCOM/USCC) Cyber Mission Force without the addition of the CND Deployer Toolkit. McDean will be on-board during her upcoming DPMA (08/19/19 - 05/01/20) conducting various modernization efforts, including CANES. All Global Installation Contract (GIC) Multiple Award Contract (MAC) holders were provided a fair opp01tunity to submit competitive proposals and N00039-15-D-0035 N6523619F0548 was awarded to McDean. MC Dean's crew is familiar with the CND Deployer Toolkit installation and the total estimated value of the CND Deployer installation on-board is not sufficient to warrant the U.S. Navy expending the time and resources to solicit the requirements competitively. Additionally, it is highly likely that this installation would not result in a competitive environment because the total value of the CND Deployer requirement would not generate a positive return on bid and proposal investments by the Global Installation contractors. The CND Deployer Toolkit requirement is a logical follow-on to the installations cmTently being performed by MC Dean during the ship's DPMA and it is in the best interest of economy and efficiency of the Government to add these requirements to N00039-15- D-0035 N6523619F0548.

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.

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

FAIR OPPORTUNITY EXCEPTION

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

N00039-l5-D-0035 15376 N6523619F0548 $24,022.12

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 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 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 (Las/, Firs/, M0 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 (Las/, Firs/, M0 COR SIGNATURE

CONTRACTING OFFICER

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

[g]Approval ODisapproval (Requirement is :'.5.$700K) D Review Only (Requirement is >$700K)

CONTRACTING OFFICER NAME (Las/, Firs/, M0 CONTRACTING OFFICER SIGNATURE

Rollins, Todd A. ROLLINS.TODD.A.1229439452 ~~~!~sii·1~~~;~ri7~~~.;~~oo.Am94

ACTIVITY COMPETITION ADVOCATE (SSC Atlantic 2.0/2.0A)

0Approval Ooisapproval (Requirement is:'.5.$13.SM) 0Review Only (Requirement is >$13.SM)

CONTRACTS TIER 1 OR DEPUTY NAME (Las/, Firs/, M0 CONTRACTS TIER 1 OR DEPUTY SIGNATURE

EXECUTIVE DIRECTOR, SSC ATLANTIC

0Approval Ornsapproval (Requirement is ::5.$93M) 0Review Only (Requirement is >$93M)

EXECUTIVE DIRECTOR, SSC ATLANTIC NAME (Las/, First, M0 EXECUTIVE DIRECTOR, SSC ATLANTIC SIGNATURE

NAVY SENIOR PROCUREMENT EXECUTIVE

0Approval Ooisapproval (Requirement is >$93M)

NAVY SENIOR PROCUREMENT EXECUTIVE NAME (Las/, First, M0 NAVY SENIOR PROCUREMENT EXECUTIVE SIGNATURE

SPAWARSYSCENLANT 4200/10 (Rev. 07/18) Page 2 of3

I I

I l I I

CONTRACT NUMBER(S)

N00039-l 5-D-0035

FAIR OPPORTUNITY EXCEPTION

I

CRM RESERVATION#

15376 I

TASK ORDER NUMBER(S)

N6523619F0548

INSTRUCTION PAGE

ESTIMATED DOLLAR VALUE

$24,022.12

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 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 SCP PM, 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 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

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