Redacted JandA.pdf

UNCLASSIFIED

Control No: JA-20-Adel-313 Contractor: Sierra Nevada Corporation

Supply/Service:

JUSTIFICATION REVIEW DOCUMENT

FAR PART 6 JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

Programs/Equipment: Continued deployment of innovative and disruptive technologies, upgrades and modifications to the [redacted].

Authority: 10 U.S.C. 2304(c)(1) as implemented by FAR Part 6.302-1 -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

Amount:

Prepared by: DSN:

Engineer Date: 24 April 2020 Email:

Contracting Officer: Christopher Moy DSN:

Contracting Officer Date: 27 April 2020 Email:

Technical: DSN:

Engineer Date: 24 April 2020 Email:

Requirements: DSN:

Technical Executive Date: 24 April 2020 Email:

Reviews: I have reviewed this justification and find it adequate to support other than full and open competition.

Program Manager:

Legal Counsel:

FAR Part 6 Justification and Approval for Other than Full and Open Competition

1. Contracting Activity: U.S. Army Contracting Command Adelphi Contracting Division

CCAP-SCA

2800 Powder Mill Road Adelphi, MD 20783-1138

2. Description of Action:

[Redacted] requests a new Cost Plus Fixed Fee (CPFF) type contract with Sierra Nevada Corporation (SNC) of 444 Salomon Circle, Sparks, NV, 89434-9651. The period of performance is [redacted] with a target period of performance start date of [redacted] and an end date of [redacted]. The contract will complete the work currently being performed under Task Order [redacted] in support of forward deployment of innovative and disruptive technologies, upgrades and modifications to the current [redacted], and enhanced capabilities. Contract award for the effort is projected for 10 August 2020 and will be initially funded with Fiscal Year (FY) 2020 Operations and Maintenance (O&M) funds. However, as task order [redacted] ran out of ceiling on 19 June 2020, the Government intends to issue pre-contract costs on 15 July 2020 to mitigate lapse in service between the two (2) efforts and allow the [redacted] period of performance for the current effort to begin on 15 July 2020 while the award (still projected for 10 August 2020 award) is processed.

X An acquisition plan is not required because this procurement either does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i), or is an R&D acquisition and does not meet the definition of services in 10 U.S.C. 2330(c)(2).

3. Description of Supplies/Services:

This effort is for continued software systems research, tool, and [redacted] along with [redacted]. Specifically, this effort will complete the [redacted]. Overall, the [redacted] enhances the current architecture to accommodate a fundamental change in how data of collection assets are [redacted], thereby streamlining availability of, and access to, [redacted]. The [redacted] has been improving the current level of situational awareness for operators by combining [redacted], as well as the critical program functions of community engagement, research and development (R&D) engineering, analytical tool development and capability assessments. The [redacted] must be able to support the needs of the warfighter despite geographic and network limitations. Services are currently being performed by SNC.

Anticipated Period of Performance for this continuation effort is [redacted] with a target period of performance start date of [redacted]. The following costs are based on the Independent Government Estimate (IGE) derived from current monthly expenditures under Task Order [redacted]:

Total Value:

Month Monthly Estimate

Cumulative Estimate

4. Authority Cited:

10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1, “Only One Responsible Source” and no other supplies or services will satisfy agency requirements.

5. Reason for Authority Cited:

As described at FAR 6.302-1(a)(2), “When the supplies or services required by the agency are available from only one responsible source, or, for DoD, NASA, and the Coast Guard, from only one or a limited number of responsible sources, and no other type of supplies or services will satisfy agency requirements, full and open competition need not be provided for.”

Task Order [redacted] was awarded to SNC on 29 September 2018 for services supporting the [redacted] of innovative and disruptive technologies, upgrades and modifications to the current [redacted] and enhanced capabilities. Within the first 12 months of execution, it became evident that increased demand for access to [redacted] data and services across the [redacted] was resulting in contract funds being spent more quickly than anticipated. Since the start of contract performance, the Government underestimated [redacted].

In July 2019, [redacted] Program Managers added [redacted] in funding to [redacted] to accommodate significant growth in the number of Government stakeholders and mission partners. The new stakeholders and mission partners required streamlined availability and access to [redacted] data and found utility in the [redacted].

In September 2019, [redacted] Program Managers sent additional funding ([redacted]) for task order [redacted] to accommodate this continued unanticipated demand for access to [redacted].

The funding modifications in July and September 2019 enabled additional development, systems engineering, subject matter expertise, and integration to support the increased customer demand.

Resources were spent in order to rapidly integrate [redacted]. This allowed the [redacted] as intended. Labor and travel were additionally exhausted at a rate greater than originally anticipated to prepare and attend technical exchanges and working groups focused on [redacted].

This significant growth of stakeholders and mission partners maxed out the ceiling of [redacted] on 19 June 2020, ahead of its 29 September 2020 period of performance contract expiration. Additionally, there is not enough ceiling on the overarching single award Indefinite Delivery Indefinite Quantity (IDIQ) basic contract [redacted] to cover the remainder of work to be completed. The period of performance of the Basic IDIQ has also expired on 28 September 2019. As a result, in January 2020, [redacted] was unable to send additional funds for obligation on [redacted] to finalize and complete approximately [redacted] of the work originally planned and scheduled under task order [redacted] with SNC. Specifically, this [redacted] in remaining work relates to the following components/requirements: [redacted]

Due to the aforementioned, the Government requires a [redacted] sole-source continuation contract with SNC in order to complete the aforementioned list of remaining work required for SNC to provide the Government with a complete [redacted]. Under this effort, SNC will fully integrate the new and innovative tools and technologies from the list above into the [redacted] are improved based upon previous iterations. Additionally, SNC will finalize the architecture to [redacted]. This is needed in order to [redacted].

As the incumbent prime contractor that has already completed [redacted] of the [redacted] work under [redacted], SNC has unique subject matter expertise (SME) on both [redacted] requirements, prior [redacted] efforts, and the specific tool and technology requirements outlined for the current effort above. Furthermore, the SNC team has deep subject matter expertise (SME) in various disciplines; specifically with [redacted].

Current events in the region make it imperative that there be no interruption of [redacted] capability. The critical nature of this work revolves around the ability of [redacted]. Specifically, there are [redacted] stakeholders and mission partners who require streamlined availability and access to [redacted] data and are finding utility in the [redacted]. If this capability were not available, then the customers would have [redacted]. Bringing on a new contractor would create a learning curve that would delay

[redacted] efforts in this important area, would result in a substantial duplication of cost and effort to the Government, and an unacceptable delay in fulfilling [redacted] requirements, not to mention the loss of critical support during these crucial times.

In order for another contractor to attempt to perform this work would require a duplication in cost of [redacted] (estimate based upon the [redacted] of work already accomplished by SNC under [redacted] prior to exhausting the ceiling due to customer on-ramping) and a duplication in time of [redacted] (estimate based upon the [redacted] of work already accomplished by SNC under [redacted] prior to exhausting the ceiling due to customer on-ramping) to attempt to reach to the same point currently achieved by SNC.

In addition to the estimated [redacted] duplications outlined above, an additional [redacted] in engineering support would then be necessary for a new contractor to then complete the aforementioned required [redacted], validation & test, and documentation (estimate based upon the [redacted] of remaining work from [redacted] for delivery of a complete [redacted].

If a new contract with SNC is not awarded, the development to date would remain incomplete, and only partial [redacted] would be available due to a deficiency of [redacted]. The [redacted] will not receive a complete and cohesive solution that is sufficient in meeting the [redacted] demands of the Government and the warfighter. A gap in this support would result in a severe deficiency in [redacted] ability to support the warfighters who are depending on these [redacted] capabilities to carry out their mission. And since these efforts directly support [redacted], there will be a direct and detrimental effect on their ability to effectively and efficiently carry out their mission.

Therefore, SNC is the only source that can complete the aforementioned [redacted], validation & test, and documentation required by [redacted] for delivery of a complete [redacted].

6. Efforts to Obtain Competition:

In accordance with Defense Federal Acquisition Regulation Supplement (DFARS) 205.205-71, DFARS 206.302-1(d), and DFARS Procedures, Guidance and Information (PGI) 206.302-1(d), a Notice of Intent to Sole Source and Request for Information (RFI) Synopsis was posted on Beta.SAM.gov on 11 May 2020 for 15 days and the results of the Synopsis are discussed in Section 9 below.

7. Actions to Increase Competition:

Based upon the market research performed (reference in Section 8 and 9), SNC demonstrates a unique and innovative capability to provide the particular services required for this contract. SNC, for the reasons highlighted in Section 5, is the only source with the requisite knowledge and experience that can immediately support these activities accommodating the critical schedule and timeline required by the Government for these services.

The subject [redacted] effort is for a one (1) time continuation procurement to complete the work currently being executed under Task Order [redacted]. The work under that task order is [redacted]. To have another contractor attempt to finish the work would result in unnecessary duplications of cost (estimated at [redacted]) and time (estimated at [redacted]) , would introduce technical risk of completion by a new contractor unfamiliar with the scope of work, and would be detrimental to the mission. A aforementioned in Section 5, [redacted] who are depending on these [redacted] to carry out their mission. The critical nature of the proposed work revolves around the ability of [redacted] being able to provide [redacted]. Since SNC is the Contractor who is currently supporting this requirement and has completed [redacted] of the work in the development of [redacted], they are the only company who can meet the requirements of this effort within the required [redacted] schedule and estimated [redacted], while reducing technical risk of completion required by the Government.

The Government will retain data rights to the information and knowledge developed under completion of the [redacted] effort under the subject [redacted] continuation effort to SNC. Once the Government is in possession of a complete solution, the Government will allow other contractors access to systems and software developed under [redacted] and this [redacted] continuation contract as Government Furnished Information (GFI). This will allow for future competition among new contractors who have the appropriate technical skill, subject matter expertise, and experience to successfully support future efforts in the areas of [redacted].

Subcontracting competition will be achieved by requiring the prime contractor to submit a subcontracting plan (SCP) to the Government. The Government will ensure that a SCP is stipulated in the contract and monitored throughout the contract period of performance.

8. Market Research:

Market research was conducted from December 2019 to February 2020 by several subject matter experts (SMEs) from [redacted] and ARL. The following can be summed up by noting that the research was conducted by several SMEs from [redacted]. Market research efforts consisted of discussions with: 1) SNC ([redacted] – Contracts Manager, [redacted] – Director of Programs, and [redacted] – Project Manager for [redacted]; 2) the U.S. Navy ([redacted] – Financial Technician, [redacted] – Project Manager, [redacted] – Project Manager for Valiant Shield, and [redacted] - Naval Air Warfare Center Weapons Division (NAWC-WD)); and 3) Applied Research Associates (ARA) ([redacted] – Vice President and [redacted] – Principal Investigator (PI) for [redacted]), and it was determined that SNC is the only Contractor who can logically complete the required effort due to unique SME experience related to the prior IDIQ and task order contract under which the initial [redacted] of the work was completed. Going with a different contract would result in at least [redacted] and [redacted] in duplicated cost and time to attempt to get to the same level as has been currently achieved by SNC.

9. Interested Sources:

To date, no responses, challenges, nor capabilities statements were received from any interested sources.

10. Other Facts:

a. Procurement History

Contract: [redacted] (Task Order under [redacted])

Award Date: 9/29/2018 Period of Performance: 9/29/2018-9/29/2020 Dollar Value:

Competitive Status: Not Competed; Task Order issued under single award [redacted], which was not competed.

Authority: FAR 6.302-6, National Security

Contract: [redacted] (Task Order under [redacted]) Contractor: Sierra Nevada Corporation Award Date: 4/24/2017 Period of Performance: 4/24/2017 to 3/26/2020 Dollar Value:

Competitive Status: Not Competed; Task Order issued under single award [redacted], which was not competed.

Authority: FAR 6.302-6, National Security

11. Technical Certification:

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

Signer’s Title: Engineer

12. Requirements Certification:

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

Signer’s Title: Technical Executive

13. Fair and Reasonable Cost Determination:

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable through the utilization of cost and/or price analysis techniques. Market analysis of the prices being offered and evidence of previous contracts (basic IDIQ contract [redacted] and task order order [redacted]) and the current task order issued by the Government for the same or similar services will be compared and used for the basis of determining price reasonableness. As the required effort is non-commercial, the Contracting Officer shall require submission of cost or pricing data per FAR 15.403-1(b)(3) when applicable.

This determination will be made using the following:

X_ Cost analysis __ Price analysis __ Should cost

X_ IGE

__ Audit:

__ Other:

As a part of this basis, certified cost or pricing data:

X_ Will be required.

__ Will not be required and the following exception applies (FAR 15.403):

__ Prices that will be agreed upon are based on adequate price competition.

__ Prices that will be agreed upon are based on prices set by law or regulation.

__ A commercial item is being acquired.

__ A waiver has been granted by the head of the contracting activity (HCA) in accordance with DFARS PGI 215.403-1.

__ The contract action is a modification to a contract or subcontract for commercial item(s).

__ The estimated cost of the contract action is less than the threshold for certified cost or pricing data.

14. Contracting Officer Certification:

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

Approval Based on the foregoing justification, I hereby approve the procurement for continued deployment of innovative and disruptive technologies, upgrades and modifications to the [redacted], for [redacted] with an estimated value of [redacted] on an other than full and open competition basis pursuant to the authority of 10 U.S.C.2304(c)(1) subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition.

///ORIGINAL SIGNED///

(End of J&A)