REDACTED_LSJ_Mod_3 _Legal_Review __09-D-0006-0007 _SATMO _Iraq_ISOF.pdf

MICC/MCC Control No. BRAGG-2016-1 MICC-FB Control No. 16-004

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JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

1. Agency/Contracting Activity: Mission Installation Contracting Command Fort Bragg

(MICC-FB)

2. Description of Action:

Nature: New Requirement Follow-on Order Mod to Existing Order Number 0007

Order against: Multiple Award ID/IQ Contract Number: W911S0-09-D-0006

Pricing: Firm-Fixed Price Time & Materials Cost Type

Funds: OMA Other Funds: Non‐expiring IRAQ FMS funds.

3. Description of Supplies or Services:

The estimated value of the proposed action is $_______________

The Iraqi Counter Terrorism Service’s Iraqi Special Operations Force (ISOF) Training Security Assistance Team (SAT), also known as the Extended Training Service Specialist (ETSS), provides tactical sustainment training for the 1st ISOF Brigade and subordinate units, staff sustainment training for the 1st ISOF Brigade and subordinate battalions, logistics and maintenance training for the maintenance facilities on Area IV, and sustainment training for initial and advanced skill instructor cadre at the Academia Training Institution.

Training for the 1st ISOF and subordinate units will primarily be conducted at Area IV, the Iraqi Special Operations Force Compound, near the Baghdad International Airport in Baghdad, Iraq but the SAT may be required to operate at other locations on a temporary basis. All training and material is conducted in Arabic using interpreters.

In the current volatile security environment, the Iraqi Counter Terrorism Service continues to be the most relevant force in Iraq to deter, prevent, disrupt, capture, and prosecute known terrorists and terrorist organizations. To maintain the effectiveness of the organization, it is critical to conduct professional sustainment training at the appropriate levels and intensities to maintain the unit’s mission effectiveness. To this end, the Government of Iraq (GoI) has requested the assistance of the United States Government (USG) in obtaining goods and services through the Foreign Military Sales (FMS) process to establish a training case to ensure the continued effectiveness of Iraq’s Counter Terrorism Service.

4. Authority:

http://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/PGI216_5.htm

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Section 803 of the National Defense Authorization Act of 2002 (PL 107-107), FAR 16.505(b)(2) and DFARS 216.505-70(b). The contracting officer shall give every awardee a fair opportunity to be considered for a delivery/task order exceeding $3,000 unless one of the following statutory exceptions applies. Mark the applicable exception:

The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays [FAR 16.505(b)(2)(i)(A)];

Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized [FAR 16.505(b)(2)(i)(B)];

The 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 contract, provided that all awardees were given a fair opportunity to be considered for the original order [FAR 16.505(b)(2)(i)(C)];

It is necessary to place the order to satisfy a minimum guarantee [FAR 16.505(b)(2)(i)(D)]; or

For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that purchase be made from a specified source [FAR 16.505(b)(2)(i)(E)]

Rationale/explanation to support cited authority:

Time is critically short due to the nature and complexity of international negotiations and agreement. The two countries (The United States and Iraq) were only recently able to reach an agreement for the follow-on effort, leaving insufficient time to conduct the normal contracting process. Accordingly, this brief bridge period will maintain the status quo of critical training services while the country-directed follow-on contract is completed.

General Dynamics Information Technologies (GDIT), as the incumbent contractor, is currently in place performing in an acceptable manner. Going to another contractor, either through competition or other method would require additional time and expenses to the Iraqi Government just for the re-procurement effort for this short term requirement.

As the incumbent contractor, GDIT possesses both the manpower and resources to continue providing critical sustainment training to the ISOF to improve their capacity to deter, prevent, disrupt, capture, and prosecute known terrorists and terrorist organizations within Iraq. The continued support requires that the current Task Order be modified extending the current period of performance for an additional 30 days from 30 November 2015 through 29 December 2015. This time is needed as the minimum time anticipated for the Mission Installation Contracting Command Fort Bragg (MICC-FB) to complete the procurement process for a follow on sole source contract. The current Task Order expires on 29 November 2015, therefore, the 30 day extension to the current Task Order is required in order to maintain continuity of services until the follow on contract award can be awarded.

On 12 July 2015, a request for extension of the current Task Order was requested from the Office of Iraqi Counter-Terrorism Service and the Office of Security Cooperation-Iraq.

https://www.acquisition.gov/far/current/html/Subpart%2016_5.html#wp1093205 https://www.acquisition.gov/far/current/html/Subpart%2016_5.html#wp1093205 http://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/PGI216_5.htm https://www.acquisition.gov/far/current/html/Subpart%2016_5.html#wp1093205 https://www.acquisition.gov/far/current/html/Subpart%2016_5.html#wp1093205 https://www.acquisition.gov/far/current/html/Subpart%2016_5.html#wp1093205 https://www.acquisition.gov/far/current/html/Subpart%2016_5.html#wp1093205 https://www.acquisition.gov/far/current/html/Subpart%2016_5.html#wp1093205

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This request was routed for approval through the United States Army Security Assistance Command and was approved on 29 September 2015. The approval granted a follow on sole source contract to GDIT to continue services under the current contractor for Foreign Military Sales case IQ-B-DAF. The requirements package was then forward to the MICC- FB in October for action.

Award to any other source would result in a disrupted training schedule as well as increased effort and cost that would be unlikely to be recovered through competition.

These added costs would include phase in cost related to the transition to a new contractor. It is estimated that the Iraqi Government could save at least $218K by keeping the incumbent contractor in place during this short extension. Any new action would require a new contractor to attend the Security Assistance Team (SAT) Orientation Training at the USASATMO Headquarters Building at Fort Bragg, NC prior to a deployment as well as a requirement for Contractors and subcontractors at any tier providing satisfactory evidence that all locally hired employees, including Local National (LN), Third Country National (TCN), and U.S. employees, working for the Office of Security Cooperation-Iraq (OSC-I) installations have been screened for and do not currently have active tuberculosis (TB). This action alone cannot be completed prior to 29 November 2015.

It is clear, that awarding this limited follow-on action to GDIT is a good business decision in that the incumbent contractor can proceed without delays or disruption without incurring additional costs or delays.

5. FAIR AND REASONABLE COST DETERMINATION: I hereby determine that the anticipated price for this contract action will be fair and reasonable. The techniques identified at FAR 15.404-1(b) ii will be used to ensure award will be at fair and reasonable price. The Contracting Officer will use a comparison of the proposed price to historical prices paid for similar work.

SIGNATURE: _______________________

NAME: RONALD NEWLAN

TITLE: CONTRACTING OFFICER

6. Any other facts supporting the justification: NA

7. Actions to Increase Competition: Per 10 U.S.C. 2304(c)(4) or 41 U.S.C. 3304(a)(4), Full and open competition need not be provided for when precluded by the terms of an international agreement or a treaty between the United States and a foreign government or international organization, or the written directions of a foreign government reimbursing the agency for the cost of the acquisition of the supplies or services for such government.

8. PROCURING CONTRACTING OFFICER CERTIFICATION: I certify that this Justification is accurate and complete to the best of my knowledge and belief.

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SIGNATURE:_______________________

TITLE: CONTRACTING OFFICER

9. Review: I have reviewed this justification and have no legal objection.

Legal Counsel

SIGNATURE:___________________

NAME: DANIEL PANTZER

TITLE: MICC LEGAL COUNSEL

11. Contracting Officer’s Approval: I hereby certify that this limited source justification is accurate and complete to the best of my knowledge and belief. Based on the foregoing, I approve this limited source justification subject to availability of funds, and provided that the services and supplies herein described have otherwise been authorized for acquisition.

SIGNATURE: _____________________

TITLE: CONTRACTING OFFICER