r_J A_14-01_ETA.pdf

UNITED STATES TRANSPORTATION COMMAND

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

HTC711-09-F-0016

ELECTRONIC TRANSPORTATION ACQUISITION (ETA)

Control Number 14-01

1. CONTRACTING ACTIVITY.

United States Transportation Command, DPO Support Division, USTRANSCOMITCAQ-D, 508 Scott Drive, Building 1900W, Scott AFB, IL 62225.

2. NATURE AND/OR DESCRIPTION OF ACTION BEING APPROVED.

Military Surface Deployment and Distribution Command (SDDC) requires continued contract support for the SDDC ETA task order. Continued performance must be issued on a sole-source basis to support three (3) on-going ETA tasks- ETA support services include the Carrier Appointment System (CAS), SafetyNet Sustainment Support, and Installation Outloading Capability Collection (IOCC) Sustainment Support. It is necessary to modify the period of performance of GSA 8(a) STARS task order HTC711-09-F-0016 to allow for continued performance of services from 1 October 2013 to 31 March 2014. The option under Federal Acquisition Regulations (FAR) clause 52.217-8, Option to Extend Services, was not evaluated at time of the initial task order as required by FAR 1 7.207 (f); therefore, justification for an exception to the fair opportunity process (other than full and open competition) is required pursuant to the FAR 16.505(b)(1)(iii). Also see Government Accountability Office (GAO) Decision, B-401471, Matter of Major Contracting Services, Inc.

3. DESCRIPTION OF SERVICES REQUIRED TO MEET THE AGENCY'S NEEDS

(INCLUDING ESTIMATED VALUE).

The purpose of this extension is to ensure ETA services continue uninterrupted, as they are vital to the SDDC mission. The ETA Performance Work Statement (PWS) contains the tasks required to be provided without a break in service.

At this time, the Government projects no more than a four (4) month extension at an estimated value of based on option year four labor hours and rates. The current value of this task order is $8,295,525.19. This extension will increase the total value of this task order to

4. IDENTIFICATION OF THE EXCEPTION TO FAIR OPPORTUNITY AND

SUPPORTING RATIONALE.

FAR 16.505(b )(2)(i)(C): This 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 GSA 8(a) STARS Governmentwide Acquisition Contract. All awardees were given a fair opportunity to be considered for the original award by Request for Quote HTC711-09-R-0006.

This task order was awarded on 1 January 2009 with a base period of 1 January 2009 to 30 September 2009. All four (4) one-year option periods were exercised resulting in an expiring period of performance of30 September 2013. Performance must be extended due to GAO bid protest file number B-408941.1 which requires immediate suspension of performance consistent with 31 U.S.C. 3553 (Competition in Contracting Act) of the awarded ETA recompete contract

HTC711-13-F-D028.

The Government requires continuous successful performance of the ETA services for the next four ( 4) months to provide support during the GAO protest period suspension of performance.

The incumbent is the only contractor capable to immediately perform the current services.

Delays in completing tasks which are currently on-going would directly impact SDDC's capabilities executed on behalf of the warfighter. The performance suspension of the recompeted contract is anticipated to be terminated by 2 January 2014.

5. DETERMINATION BY THE CONTRACTING OFFICER THAT ANTICIPATED

COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE.

This extension will be in accordance with FAR clause 52.217-8, Option to Extend Services, which requires continued performance to be "at the rates specified in the contract". The labor rates established in the ETA GW AC contract were competitively bid and were determined to be fair and reasonable.

6. ANY OTHER FACTS SUPPORTING THE JUSTIFICATION.

N/A

7. A STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO

REMOVE OR OVERCOME ANY BARRIERS THAT LED TO THE EXCEPTION TO

FAIR OPPORTUNITY BEFORE ANY SUBSEQUENT ACQUISITION FOR THE

SUPPLIES OR SERVICES IS MADE.

The services required under this acquisition were previously procured under a competitive procurement. This extension is to continue services and shall commence until a resolution of the GAO bid protest file number B-408941.1 is completed on or about 2 January 2014.

8. CONTRACTING OFFICER'S CERTIFICATION.

I certify that the data supporting this justification for exception to fair opportunity is accurate and complete to the best of my knowledge and belief.

WILLIAM A. SCHLECKSER

Contracting Officer

9. TECHNICAL AND REQUIREMENTS PERSONNEL CERTIFICATION.

I certify the data provided above supporting this exception to fair opportunity is accurate and complete to the best of my knowledge and belief.

J~ER

ETA Program Manager

Office of the Staff Judge Advocate