Redacted J A.pdf

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

For Task Orders:

W91QUZ-04-D-OOOI-YKOI

W91QU Z-04-D-OOO1-YK02

HTC711-08-F-002S

HTC711-08-F -0003

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 contract support for selected portions of task orders W91QUZ-04 D-0001-YK01, W91 QUZ-04-D-000 1-YK02, HTC711-08-F-0025, and HTC711-08-F-0003 as a result of a Competition in Contracting Act (CICA) stay invoked by GAO protest B-405745.1. This extension of services will bridge the gap between the expiration of the current task orders and resolution of the protest. A modification to each current task order is needed to add an additional period of performance (POP) of 1 October 2011 - 30 November 2011. This constitutes an estimated labor hour (hourly rates are fixed price I hours of estimated work are not to exceed) action to continue services currently provided under task orders YKOl, YK02, and HTC711-08-F-0025, and a firm fixed price action using monthly unit prices to continue services currently provided under HTC711-08-F-0003.

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 orders HTC711-08-F-002S and HTC7l1-08-F-0003 were previously competed, by USTRANSCOMI AQ, among GSA schedule contractors in accordance with applicable GSA ordering procedures.

In accordance with FAR clause 52.217-8, Option to Extend Services, a modification to each of the existing task orders is anticipated. The extension of services option period was not evaluated at time of the initial task order award as required by FAR 17.207(f); therefore, a Justification for An Exception to Fair Opportunity is being executed (see GAO Decision B-401471, Matter of Major Contracting Services, Inc.).

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

USTRANSCOM/TCJ6 has a continued need to provide support for selected Command, Control, Communications, and Computer (C4) Systems and support functions to the Commander, USTRANSCOM in the performance of the command's mission to meet national security objectives. In addition, TCJ6 requires support to provide and maintain the most modern, 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 of this 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 four 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 current task orders must be extended in order to avoid a break in serVIce.

In accordance with FAR 16.505(b)(l), fair opportunity was provided to all ITES IDIQ contract holders for task orders YK01 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 200S. 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 S2.217-8, which allows for extension of services up to six months, the task orders have two months left available with services ultimately ending 30 November 2011.

In accordance with FAR 8.40S-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-002S. 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 S2.217-8, which allows for extension of services up to six months, the task order has two months left available with services ultimately ending 30 November 2011.

In accordance with FAR 8.40S-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-0003. The task order was awarded 1 October 2007 to BAE Systems Information Technology, Inc. The award included a base year and four option years, ending 30 September 2012. In anticipation of a 1 October 2011 start on the new task orders, the Government notified BAE Systems Information Technology the fourth option year would not be exercised. In accordance with FAR 52.217-8, the current task order will be extended up to four months, with services ultimately ending no later than 31 January 2012.

The two month extension on task orders YKOl, YK02, HTC711-08-F-0025 and the four month extension on task order HTC711-08-F-0003 will be exercised in accordance with FAR Clause 52.217-8, Option to Extend Services. For each task order, these actions are a continuation of the current requirements; the services required are within the scope of the task orders, and are in accordance with the current performance work statements (PWS). As such, they represent a logical follow-on to the current task orders.

The current value of the YK01 task order is $86,078,360.24. The maximum extension remaining available using FAR 52.217-8 is two months. The total estimated value of the two-month extension is based on the Independent Government Cost Estimate. The period of performance for the extension is from 1 October 2011 through 30 November 2011.

The current value of the YK02 task order is $52,200,428.02. The maximum extension remaining available using FAR 52.217-8 is two months. The total estimated value of the two-month extension is based on the Independent Government Cost Estimate. The period of performance for the extension is from 1 October 2011 through 30 November 2011.

The current value of task order HTC711-08-F-0025 is $9,222,678.57. The maximum extension remaining available using FAR 52.217-8 is two months. The total estimated value of the two-month extension is based on the Independent Government Cost Estimate. The period of performance for the extension is from 1 October 2011 through 30 November 2011.

The current value of task order HTC711-08-F-0003 is $4,184,759.036. The maximum extension available using FAR 52.217-8 is six months. The total estimated value of the two-month extension is based on the Independent Government Cost Estimate. The period of performance for the initial extension is from 1 October 2011 through 30 November 2011. In addition to the initial two month extension, one month extensions will be used until the protest is settled.

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)(C) - The orders must be issued on a sole-source basis in the interest of economy and efficiency because they are logical follow-ons to orders already issued under the contract.

The Government has a need for continued support through 30 November 2011. The current task orders end 30 September 2011, as the Government anticipated the new CSS: SD task order to begin 1 October 2011. However, due to the CICA stay, contract performance on the new task order will not begin until protest resolution. In order to avoid a break in services, an approach was developed to award an extension to the current task orders pending protest resolution.

5. DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED

COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE.

The extension of services for task orders YKO 1 and YK02 will be based on the current labor hours and rates already on the task orders. Existing rates used in the current extension of services have already been determined to be fair and reasonable in accordance with the ITES contract labor rates.

The extension of services for task order HTC711-08-F -0025 will be based on the current labor hours and rates already on the task order. Existing rates used in current extension of services have already been determined to be fair and reasonable in accordance with the GSA schedule labor rates.

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The extension of services for task order HTC711-08-F -0003 will be based on the current monthly unit prices already on the task order. Existing rates used in the current period of performance have already been determined fair and reasonable monthly unit prices during competition of the task order award.

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 DA~E

Contracting Officer Representative

10. APPROVAL OFFICIAL CERTIFICATION.

I determine that the data supporting the recommended use of this justification for an exception to fair opportunity in accordance with FAR 16.505 (b )(2)(i)(C) is accurate and complete to the best of my knowledge and belief.

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WILLIAM T. RACHAL

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

PROGRAM/PROJECT: Task Orders W91QUZ-04-D-000I-YKOl, W91QUZ-04-D-000I-YK02, HTC711-08-F-0025, and HTC711-08-F-0003

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

ESTIMATED CONTRACT COST:

W91QUZ-04-D-000I-YK01: (estimated for a two month extension) W91 QUZ-04-D-000 1-YK02: (estimated for a .two month extension) HTC711-08-F-0025: (estimated for a two month extension) HTC711-08-F-0003: (estimated for a two month extension)

REVIEWED:

e:2C ~II2R~~ DATE Chief, DPO Support Division

28 SEe :lOll

DATE

;285-/11/

DATE

APPROVED:

WILLIAM T. RACHAL DATE

Competition Advocate

JEFF

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