r_19F0561.pdf

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

IN ACCORDANCE WITH THE FOLLOWING JUSTIFICATION, AS Contracting Officer SPA 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# 1 TASK ORDER NUMBER(S) I ESTIMATED DOLLAR VALUE N00039-15-D-0035 N6523619F0561 $23,840.42

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

The proposed modification will incorporate Job Identification (JID) 169776 EPLRS AN/SRC-60 SA 002 and JID 169774 ATIP EBEM HARDWARE MOD on-board and, JID 210068 ATIP EBEM HARDWARE MOD 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.

(ZI (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.

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

JUSTIFICATION

The FY20 Docking Planned Incremental Availability (DPIA) for which consisted of a significant work plan that included the Consolidated Afloat Network Enterprise Services (CANES) installation was canceled and moved to FY21. EPLRS ANISRC-60 SA 002 and ATIP EBEM were intended to be a pmt of the aforementioned DPIA The U.S. Navy has subsequently created a Super CMA V ( 12/02/19 - 03/27/20) to allow for installation of mission essential requirements for EPLRS AN/SRC-60 SA 002 and ATIP EBEM HARDWARE MOD m·e the only two modernization effmts that will be taking place during this CMA V. changed horneporls from , has a scheduled Window of Oppmtunity (WOO) (10/07119 - 10/28/19) that has been designated for the ship to receive a fleet mandated A TIP EBEM 1-IARDWARE MOD installation. NIWC Atlantic did not have visibility of WOO prior to the change in homeports that occurred in May 2019. MC Dean is currently on-bom·d performing EPLRS and ATIP EBEM installations. All Global Installation Contract (GIC) Multiple Award Contract (MAC) holders were provided a fair opportunity to submit competitive proposals for the requirements that resulted in award of N00039-l 5-D-0035 N6523619F0561 to MC Dean, MC Dean has crews that are familiar with EPLRS and ATIP EBEM installations that can seamlessly transition to perform similar installations on-board . The total estimated value of the installations is not sufficient to wan-ant the U.S, Navy expending the time and resources to solicit the requirements competitively. Additiona11y, it is highly likely that these installations would not result in a competitive environment because the total value of the requirements would not provide for a positive return on bid and proposal investments by the Global Installation contractors. The requirements are a logical follow-on to the EPLRS and A TIP EBEM installations cun-ently being perfmmed by MC Dean and it is in the interest ofeconomy and efficiency to add these installations to N00039-15-D-0035 N65236! 9F0561.

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

N00039-15-D-0035 N6523619F0561 $23,840.42

6. ANY OTHER FACTS SUPPORTING THE JUSTIFICATION

None.

7. ACTIONS TAKEN TO REMOVE OR OVERCOME BARRIERS THAT LEAD TO THE EXCEPTION TO FAIR OPPORTUNITY There are no specific actions required for any subsequent procurement for similar services under the MAC, as future orders under the contract will be competitive to the maximum extent practicable. 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, 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, Mf) COR SIGNATURE

CONTRACTING OFFICER

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

i:2]Approval Ornsapproval (Requirement is ~$700K) 0Review Only (Requirement is >$700K)

CONTRACTING OFFICER NAME (Last, First, MD CONTRACTING OFFICER SIGNATURE

Rollins, Todd A. ROLLINS.TODD.A.1229439452 ~~t1:~1 ; 1~i~~br2~g\\~~:DD.A.i22

9,i

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ACTIVITY COMPETITION ADVOCATE (SSC Atlantic 2.0/2.0A)

0Approval D Disapproval (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

EXECUTIVE DIRECTOR, SSC ATLANTIC

0Approval Ornsapproval (Requirement is~$93M) 0Review Only (Requirement is >$93M)

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

NAVY SENIOR PROCUREMENT EXECUTIVE

0Approval 0 Disapproval (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

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CONTRACT NUMBER(S)

N00039-15-D-0035

Purpose of Form:

FAIR OPPORTUNITY EXCEPTION

I CRM RESERVATION#

I

TASK ORDER NUMBER(S)

N6523619F0561

INSTRUCTION PAGE

I

ESTIMATED DOLLAR VALUE

$23,840.42

- 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 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 Headrrier 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