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JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

1. CONTRACTING ACTIVITY.

United States Transportation Command, Directorate of Acquisition, DPO Support Division (USTRANSCOM/TCAQ-D), 508 Scott Drive, Building 1900W, Scott AFB IL 62225-5327.

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

USTRANSCOM requires continued contracted Information Technology (IT) support of selected USTRANSCOM Command, Control, Communications, and Computer (C4) Systems and Support Functions as a result of a Competition in Contracting Act (CICA) stay invoked by GAO protest B

405745.1. This limited source contract will bridge the gap between the expiration of the current task orders and resolution of the protest. This constitutes an estimated labor hour (hourly rates are fixed price / hours of estimated work are not to exceed) action to continue services currently provided under task orders W91QUZ-04-D-000I-YK01, W91QUZ-04-D-000I-YK02, and HTC711-08-F-0025.

The YKOI and YK02 task orders were previously competed, by the Defense Logistics Agency (DLA), among the Army's Information Technology Enterprise Solutions (ITES) Indefinite-Delivery, Indefinite Quantity (IDIQ) multiple award contract holders in accordance with the ITES IDIQ ordering procedures.

Task order HTC711-08-F-0025 was previously competed, by USTRANSCOM/AQ, among GSA schedule contractors in accordance with applicable GSA ordering procedures.

In accordance with FAR 16.505(b )(2), this acquisition is being conducted under the authority of ordering under multiple award contracts - exceptions to the fair opportunity process. Award of a labor hour (firm-fixed price labor rates) ITES-2S task order to NCI Information Systems, Inc. is anticipated.

Accordingly, this action constitutes an urgent and compelling requirement to continue support.

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

USTRANSCOM/TCJ6 has a continued need to provide support for selected C4 Systems and support functions to the Commander, USTRANSCOM in the performance ofthe command's mission to meet national security objectives. In addition, TCJ6 requires support to provide and maintain the most modem, fully mission capable C4 systems for USTRANSCOM and to ensure suitability for and interoperability among its components and the supported Commanders in peace and war. The selected C4 systems and support functions are comprised of informational services providing USTRANSCOM 24 hours per day, 7 days a week rapid access to information needed to plan, provide and control a wide range of air, land and sea transportation. The scope ofthis effort will entail support to provide services over the network to include exercise/contingency operations, web management, the test center, and command and control (C2) business systems and applications. Support also includes network infrastructure engineering and information protection and event analysis support.

The Government identified that services provided under these three task orders be fully re-competed effective upon the completion of the current task orders. Transformational activities and operational reorganizations resulted in the requirement to reorganize contracted IT enterprise support under USTRANSCOM's new Corporate Services Vision (CSV). The services were fully re-competed; and three Corporate Services Support (CSS) task orders were awarded for a 1 October 2011 start. However, due to a GAO protest on the Corporate Services Support: Service Delivery task order which invoked the CICA stay, selected portions of each of the current task orders must be awarded on a limited source basis in order to avoid a break in service.

In accordance with FAR 16.505(b)(1), fair opportunity was provided to all ITESIDIQ contract holders for task orders YKOI and YK02. These task orders were awarded 1 June 2004 by the Defense Logistics Agency (DLA) to NCI Information Systems, Inc. Full procurement authority was transferred to USTRANSCOM, Directorate of Acquisition in 2005. Each award included a base year and seven option years, ending 31 May 2011. A modification for a four month extension of services was executed in order to continue services until 30 September 2011, with the new task orders beginning 1 October 2011. In accordance with FAR 52.217-8, an additional modification for a two month extension was executed in order to continue services until 30 November 2011 until the protest was resolved. As a result of these two modifications no further extensions exist under these task orders.

In accordance with FAR 8.405-2(c), fair opportunity was provided to all GSA schedule holders identified as able to perform the required services as well as GSA schedule holders who expressed an interest in the requirement for task order HTC711-08-F-0025. The task order was awarded 1 April 2008 to NCI Information Systems, Inc. The award included a base year and three option years, ending 31 May 2011. A modification for a four month extension of services was executed in order to continue services until 30 September 2011, with the new task orders beginning 1 October 2011. In accordance with FAR 52.217-8, an additional modification for a two month extension was executed in order to continue services until 30 November 2011 until the protest was resolved. As a result of these two modifications no further extensions exist under this task order.

The current value of the YKOI task order is $87,558,997.94. The current value of the YK02 task order is $52,738,743.72. The current value of task order HTC711-08-F-0025 is $9,433,437.57.

The total estimated value of this acquisition is $ ($ for the Base Period and $ for the 1st Option Period) based on the Independent Government Cost Estimate (IGCE).

The period of performance for the Base Period is 1 December 2011 through 31 December 2011 and the period of performance for the 1st Option Period is 1 January 2012 through 31 January 2012.

4. IDENTIFICATION OF THE EXCEPTION TO FAIR OPPORTUNITY AND THE

SUPPORTING RATIONALE, INCLUDING A DEMONSTRATION THAT THE PROPOSED

CONTRACTOR'S UNIQUE QUALIFICATIONS OR THE NATURE OF THE ACQUISITION

REQUIRES USE OF THE EXCEPTION CITED.

FAR 16.505 (b )(2)(i)(A) - The agency need for the services is so urgent that providing a fair opportunity would result in unacceptable delays.

The Government has a need for continued support through 31 December 2011, with the possibility for continued support until 31 January 2012. The current task orders end 30 November 2011, as there are no further extensions available in accordance with FAR 52.217-8. In addition, due to the CICA stay, contract performance on the new task order will not begin until protest resolution which is not anticipated until 28 December 2011. In order to avoid a break in services, an approach was developed to award a limited source task order to continue support pending protest resolution.

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5. DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED

COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE.

The new limited source task order will be written based on the support currently being provided under task orders YKOl, YKOl, and HTC711-08-F-002S. A Performance Work Statement (PWS) was developed by combining the required support from these task orders into one complete requirement.

The Government anticipates awarding this task order against NCI's current ITES-2S contract. The Government will determine the pricing fair and reasonable by comparing the labor hours proposed by NCI to the labor hours approved as fair and reasonable under the current task orders. In addition, the Government will seek a discount to NCI's approved ITES-2S labor rates. TCJ6 will also provide a thorough technical review of the labor hours and skill mix proposed by NCI. Based on this approach, the Contracting Officer anticipates that a fair and reasonable price will be obtained.

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 SERVICES IS

MADE.

N/A

8. CONTRACTING OFFICER CERTIFICATION.

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

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TERESA M. FRANCOEUR DATE

Contracting Officer

9. TECHNICAL AND REQUIREMENTS PERSONNEL CERTIFICATION.

I certify that the supporting data under my cognizance, which are included in this justification, are accurate and complete to the best of my knowledge and belief.

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SANDRA CLA VERIE DATE

Contracting Officer Representative

10. APPROVAL OFFICIAL CERTIFICATION.

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Competition Advocate

CONTRACTING ACTIVITY: United States Transportation Command Directorate of Acquisition, DPO Support Division, USTRANSCOM/TCAQ-D 508 Scott Drive, Bldg 1900W, Scott AFB IL 62225-5357

PROGRAMIPROJECT: Information Technology (IT) Support of Selected USTRANSCOM C4 Systems and Support Functions

AUTHORITY: FAR 16.505 (b)(2)(i)(A)

ESTIMATED CONTRACT COST: $ ($ for the Base Period and $ for the 1 st Option Period)

REVIEWED:

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GAIL T. EVANS DATE

Acting Chief, DPO Support Division

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APPROVED:

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