REDACTED_Justification.pdf

Control No: MISC-16-0088

Contractor: NGIS

Supply/Service:

JUSTIFICATION REVIEW DOCUMENT

FAR PART 16 EXCEPTION TO FAIR OPPORTUNITY JUSTIFICATION

For Actions Exceeding the Simplified Acquisition Threshold (SAT)

Supply/Service: Product Manager (PM) Biometrics Enabling Capability (BEC) requires a bridge for a new Task Order for a twelve (12) month period for the continuation of systems engineering and technical assistance services to support the

Authority: 10 U.S.C. 2304c(b)(2) as implemented by FAR Part 16.505(b)(2)(i)(B)- Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

Amount:

Prepared by:

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Technical:

Requirements:

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Date: 112112016

Date: 1128/2016

Date: 1/2112016

Reviews: I have reviewed this justification and find it adequate to support an exception to fair opportunity.

Project Manager:

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Signature: _..;,..//'"""s"""ig=n'-"-e=d/-'-/ _______ Date: ___ l_/2_8_/2_0_1_6 ___ _ llPage

Concurrence(s ):

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Control No: MISC-16-0088

Contractor: NGIS

Supply/Service:

Signature: _ _;../~/s"'""'ig=n~e~d/-'-/ _____ Date: _ _;..2~/0~l"-'-/=20-"-'1"'"'6'---

Legal Counsel:

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Signature: __ //_s ...... ig~n_ed_/_/ ____ Date: 2/0112016

Deputy Director Typed Name:

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Signature: __ //_s ....... ig.._n_e_d/_/ _____ Date: 2/02/2016

Advocate for Competition:

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Signature: _//signed// _____ Date: 2/10/2016 __ _

Principal Assistant Responsible for Contracting:

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Signature: _//signed// _____ Date: 2/10/2016 ___ _

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Department of the Army

Contractor: NGIS Supply/Service:

FAR Part 16 Exception to Fair Opportunity Justification Under Multiple Award Indefinite Delivery Contracts

For Actions Exceeding the Simplified Acquisition Threshold (SAT)

1. Contracting Activity: U.S. Army Contracting Command-New Jersey (ACC-NJ) 5418 South Scott Plaza U. S. Joint Base MDL, NJ 08640

2. Description of Action: This justification for exception to fair opportunity supports a bridge for a new Cost Reimbursement (Cost Plus Fixed Fee and Cost No Fee) Task Order under contract number W91QUZ-07-D-0005 that was originally competed and awarded under the multiple awarded vehicle. The requested new Task Order will provide a bridge for a twelve (12) month period for the continuation of systems engineering and technical assistance services to support the until a competitive procurement is awarded. The source for this new Task Order against is Northrop Grumman Systems Corporation (NGSC) located at 7575 Colshire Drive, McLean VA 22102-7508.

The period of performance of the current ends 28 February 2016.

Fiscal Year (FY) 2016 Operations and Maintenance- Army (OMA), OMA Oversees Contingency Operations, and Other Procurement, Army funds will be used for the base year requirements. An acquisition plan is not required because this procurement does not meet the threshold at Department of Defense Federal Acquisition Regulation Supplement (DF ARS) 207 .103( d)(i)(B).

3. Description of Supplies/Services: Product Manager (PM) Biometrics Enabling Capability (BEC) is responsible for executing the system life cycle management responsibilities for the Army's enterprise biometrics solution for ingesting, storing, processing, matching, sharing, and managing national biometrics resources for adversary and neutral/unknown/non-aligned population groups across the full range of military operations.

The proposed new Task Order is to provide systems engineering and technical assistance services to until a competitive procurement is awarded via General

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FOR OFFICAL USE ONLY

Supply/Service:

Services Administration (GSA) Alliant Government Wide Acquisition Contract (GWAC).

Services and supplies include in accordance with Section 3, Performance Requirements of the Performance Work Statement (PWS). The estimated total value of the requested Task Order is $19,563,354.16 which provides for for the period of29 February 2016 to 28 February 2017.

4. Authority Cited: 10 U.S.C. 2304c(b)(2) as implemented by FAR 16.505(b)(2)(i)(B)- Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

5. Reason for Authority Cited: The required services are currently being performed for , which was competitively awarded in

February 2011 to NGSC to provide services in support for the period of 1 March 2011to28 February 2016 (including options). A modification on the existing contract cannot be issued due to the period of performance being five (5) years. As stipulated in DF ARS 217.204, the ordering period of a task order or delivery order contract may be for any period of up to five

(5) years. The Government provided all contract holders a fair opportunity to be considered for the original award. This will be the first Task Order that will be awarded utilizing the authority FAR l 6.505(b )(2)(i)(B) exception for systems engineering and technical assistance services.

This justification for exception to fair opportunity until a competitive procurement is awarded. The Government is in the process of soliciting and awarding a competitive fair opportunity Task Order using the processes and procedures required for GSA Alliant Government Wide Acquisition Contracts. PM BEC and ACC-NJ are currently in the planning and development phase for a follow-on competitive procurement to be solicited in 3rd Quarter FY 2016. However, due to unexpected delays with the follow-on competitive acquisition for these services, a new Task Order is requested performance gap.

Initially, PM BEC and ACC-NJ planned to solicit a follow-on competitive procurement 3rd Quarter FY 2015 and award by 1st Quarter FY 2016. However, 41Page

Supply/Service:

The task order was modified in September 2015, to add clarification to the deliverables for Technical Data Package. In October 2015, PM BEC and ACC-NJ considered an extension to existing Task Order executing FAR 52.217-8 Option to Extend Services. However, this alternative was not viable because the option was not evaluated prior to award nor would the maximum allowable six ( 6) months of additional service authorized by FAR 52.217-8 be sufficient to complete the competitive follow-on procurement. In January 2016, PM BEC and ACC-NJ forecasted the follow-on competitive procurement to be solicited in 3rd Quarter FY 2016. In addition, there was a need to initiate a sole source acquisition for Northrop Grumman Systems Corporation to continue

Therefore, it is in the best interest of the Government with the current contractor in order to release a competitive acquisition in 3rd Quarter FY 2016.

Although there are other companies capable of performing the systems engineering and technical assistance services requirements, time does not allow for a competitive procurement to be awarded prior to expiration of the existing order in February 2016. In addition to instantly maintaining the current level of support services currently provided by NGSC, the successor system integrator would require at least a sixty (60) day transition period to gain sufficient knowledge required to provide uninterrupted services which is included in the 12 months. A competitive procurement is currently anticipated for award in February 2017.

NGSC is the only viable contractor capable of providing services at the required level and quality to meet performance requirements at this time when considering the expiration of the existing Task Order.

In addition, NGSC is the only contractor who currently possesses the resources and knowledge to provide the necessary maintenance of critical services within the time period allotted.

If this new Task Order is not executed, NGSC is the only company that currently possesses sufficient knowledge of to adequately support the Warfighter. The requires of the system during the requested period of performance.

NGSC is the only contractor capable of which affects the following

NGSC possesses that

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Supply/Service:

cannot be transitioned to another contractor at this time. The Government does not have the in house expertise nor personnel to train another contractor

This effort would take approximately

This is an unacceptable alternative as the . Without the knowledge that

If these services are not available, the Government

The continuation of these sustainment services is essential

The new Task Order is required to continue support for which provides the award of the follow-on system integrator contract.

6. Actions to Increase Competition: The Government has modified the current to increase competition before subsequent acquisition of supplies and services.

, will eliminate any barrier to a competitive acquisition of required supplies and/or services. Additionally, the Government will continue to conduct market research to ascertain if there are changes in the market place to increase small business opportunities in future competitive actions. The Government intends to meet future support services through the competitive award of a new Task Order under the GSA Alliant in February 2017.

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7. Market Research: PM BEC (to include Contracting Officer Representative) conducted market research in accordance with FAR Part 10 and DFARS Part 210 during the period of January 2015 through December 2015. During this period, PM BEC and ACC-NJ conducted extensive market research utilizing GSA Alliant and Federal Business Opportunities (FedBizOpps) Request for Information (RFI) and Sources Sought notices issued in January 2015, October 2015, and December 2015. The purpose of the market research was to: (1) ascertain information on the capabilities of the marketplace, (2) identify the appropriate acquisition strategy, and (3) obtain the capabilities of small businesses.

On 27 January 2015, a RFI was published on FedBizOpps with a response date of 28 February 2015. The RFI contained nine (9) questions on technical and business areas of interest to the Government to assess feasibility for follow-on competitive acquisition for system integrator. The Government's intent was to obtain market capabilities for software and hardware sustainment, maintenance and as requirements and technology dictate to enable the system to meet biometric performance outcomes. To assist industry with the RFI questions, the announcement included a draft PWS with background information, top level requirements, and information about the Operational Environment and Non-Operational Environments.

During October 2015, PM BEC conducted formal market research for system integrator support services by posting a Request for Information (RFI) via GSA website that included the Performance Work Statement (PWS). ACC-NJ posted responses to the questions provided by vendors in November 2015. The purpose of the RFI was to obtain feedback on the revised PWS.

The PWS was modified based on the information received.

During December 2015, PM BEC and ACC-NJ conducted an Industry Day. The Government provided an updated version of the PWS. There were approximately seventy (70) participants from approximately twenty to twenty-five (20-25) various companies. Industry was provided an opportunity to ask questions. Some questions were answered at the event. The Government is in the process of posting the answers to the questions from the event. It is anticipated that the answers will be posted in February 2016 to GSA Alliant and FedBizOpps.

PM BEC concluded that sufficient interest existed to support capabilities of potential biometric professionals. The contract extension will support PM BEC's successful completion of its mission and

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In addition, it will provide time for the follow-on to be synopsized, solicited, negotiated, and awarded.

In addition to the methods provided above, PM BEC has utilized internet searches and personal phone calls as techniques in conducting the market research. The product office has extensive knowledge and received information from industry and other commands on biometric technologies. Based upon market research, it was determined that NGSC is the only source to meet the Government's requirement at this time ensuring uninterrupted service.

8. Other Facts:

a. Procurement History:

(1) Contract:

Contractor: Northrop Grumman Award Date: 28 February 2011 Competitive

(2) Contract:

Contractor: Northrop Grumman Award Date: 27 January 2010 Competitive

(3) Contract:

Contractor: Northrop Grumman Award Date: 27 November 2006 Competitive

b. Northrop Grumman is to support the user community. The process of establishing a baseline under the new Task Order will ultimately result in

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Supply/Service:

9. 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.

Date: 1/28/2016

10. 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.

Date: 1/21/2016 ~-===-=-:o-=-=---------

11. 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 based upon a combination of methodologies to include ordering period and placement of Task Order in February 2016, cost/price analysis, comparison of the proposed prices with Independent Government Estimate, Defense Contract Management Agency Forward Pricing Rate Recommendations, and negotiations. Additionally, certified cost or pricing data will be obtained.

Date: 1/29/2016

12. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Date: 1/29/2016

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Approval

Contractor: NGIS

Supply/Service:

Based on the foregoing justification~ I hereby approve the procurement of a Task Order for the continuation of systems engineering and technical assistance services for the using an exception to fair opportunity pursuant to the authority of FAR 16.505(b)(2)(i)(B), subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Date: FEB Z 6 2016