Sabre 1 - FOE 09Mar21 Final with Redaction_Redacted.pdf

August 2015

Fair Opportunity Exception (FOE) Limited Source Justification and Approval (J&A)

(For use when limiting sources IAW FAR 8.405-6 or 16.505(b)(2))

ALL AREAS ARE MANDATORY AND MUST BE COMPLETED

Project/Program Name: Mid-Endurance Unmanned Aircraft System (MEUAS IV), Intelligence, Surveillance and Reconnaissance (ISR) Services, SABRE 1 Component/PEO/Other: PEO-SR Estimated Contract Cost (including options):

Original Contract Value:

New Contract Value:

J&A Basic Value: (Base plus 2 Options)

Base:

Option Year 1:

Option Year 2:

FOE

J&A No.

21 - 2009 Generated when entered in log

1. Agency and Contracting Activity: (FAR 8.405-6(c)(2)(i), FAR 16.505(b)(2)(ii)(B)(1))

Agency: Contracting Activity:

US Special Operations Command (USSOCOM) HQ USSOCOM/SOF AT&L-KF Special Operations Forces 7701 Tampa Point Blvd Acquisition, Technology, and MacDill AFB, Florida 33621-5323 Logistics (SOF AT&L)

2. Description of Action: (FAR 8.405-6(c)(2)(ii), FAR 16.505(b)(2)(ii)(B)(3)) This task order modification will add 1 flight services representative (FSR) and equipment to the SABRE 1 site. A pre-deployment site survey (PDSS) revealed the need for an additional FSR and an additional ground data terminal (GDT) due to the increased scope of an additional launch and recovery area.

The SABRE 1 site has a requirement for It was not identified until after contract award that the the vendor will not be able to provide

ISR services that are adequate to meet the warfighter’s requirement.

O&M funds are available for use. The new estimated value of the base period is ; the new estimated value of the total task order is .

3. Description of Supplies/Services: (FAR 8.405-6(c)(2)(iii), FAR 16.505(b)(2)(ii)(B)(2))

This task order will add and will cover relevant pre-deployment costs.

Base Period

Description CLIN# U/I Original Award

Add FSR & Ground Terminal

New Contract Value

Pre- Deployment

CLIN 1001 Each

Flight Hours CLIN 1003 Hourly

Availability CLIN 1004 Days

Payload Integration

CLIN 1009 Each

Post Deployment

CLIN 1013 Each

Option Year 1

Description CLIN# U/I Original Award

Add FSR & Ground Terminal

New Contract Value

Flight Hours CLIN 2003 Each

Availability CLIN 2004 Hourly

Post Deployment

CLIN 2013 Days

Option Year 2

Description CLIN# U/I Original Award

Add FSR & Ground Terminal

New Contract Value

Flight Hours CLIN 3003 Each

Availability CLIN 3004 Hourly

Post Deployment

CLIN 3013 Days

TOTAL TEP

4. Authority Cited Permitting a Fair Opportunity Exception and Rationale: (FAR 8.405-6(c)(2)(iv), FAR 16.505(b)(2)(ii)(B)(4))

FAR 16.505(b)(2)(i)(C), 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, all six awardees were given a fair opportunity to be considered for the original order.

The vendor that was awarded the Task Order uncovered the unexpected site layout during a pre-deployment site survey (PDSS). The team is in place and has already completed many of the required pre-deployment actions, including the movement of cargo and personnel into the area of responsibility (AOR). If this modification was competed and awarded to a vendor other than the incumbent, the current Task Order would need to be Terminated for Convenience (T4C) and the government will lose approximately in pre-deployment expenses. Additionally, since MEAUS IV vendors are given 3 months to pre-deploy, the warfighter’s ISR need date will be missed. The result would be 2.5 months without ISR coverage, which would force the warfighter to incur more risk when in the field or prevent them from executing their mission entirely. The government would also have to fund pre-deployment expenses again, resulting in an additional spent on work that was already done.

5. Efforts/Actions to Increase Competition: (FAR 8.405-6(c)(2)(viii), FAR 16.505(b)(2)(ii)(B)(7))

In accordance with FAR 16.505(a)(1) orders under indefinite-delivery contracts do not have to be synopsized. This task order was originally competed amongst four MEUAS IV contract holders.

6. Market Research: (FAR 8.405-6(c)(2)(vi))

MEUAS IV IDIQ was a full and open competition under FAR Part 15 that resulted in awards to 6 offerors: Textron Systems, Arcturus-UAV, Insitu, L3, Precision Integrated Programs, and Wildflower International. Each offeror’s proposal was found to be awardable based on a best value trade-off of Technical, Past Performance, and Price factors.

7. Interested Sources:

Textron Systems 124 Industry Lane Hunt Valley, MD 21030-3342

Arcturus UAV Inc.

1035 N McDowell Blvd Petaluma, CA 94954-1173

Insitu, Inc.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/16.htm#P399_69627

118 East Columbia River Way Bingen, WA 98605

L3 Unmanned Systems Inc.

44611 Guilford Dr, STE 125 Ashburn, VA 20147-6069

Precision Integrated Programs, LLC 17770 NE Aviation Way Newberg, OR 97132-6899

Wildflower International, LTD 1500 S Saint Francis DR Santa Fe, NM 87505-4040

8. Other Facts Supporting the Justification: (FAR 8.405-6(c)(2)(vii), FAR 16.505(b)(2)(ii)(B)(6))

None

9. Technical and Requirements Certification: (FAR 8.405-6(c)(2)(x), FAR 16.505(b)(2)(ii)(B)(9))

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:

NAME: ___ TITLE: Program Manager

SIGNATURE: _______________________________ DATE: _________________

10. Fair and Reasonable Cost Determination: (FAR 16.505(b)(2)(ii)(B)(5), DFARS 216.505-70(d)(3))

I hereby determine that the anticipated cost or price to the Government for this contract action to be fair and reasonable. The basis of this decision will be based upon cost and price analysis.

CONTRACTING OFFICER SIGNATURE IN SECTION 11 BELOW ALSO SERVES AS

THE PRICE FAIR AND REASONABLENESS DETERMINATION IN THIS SECTION.

11. Contracting Officer Certification: (FAR 8.405-6(c)(2)(ix), FAR

16.505(b)(2)(ii)(B)(8)) I hereby certify that this J&A is complete and accurate to the best of my knowledge and belief.

NAME: ____ TITLE: Contracting Officer___

12. Legal: (SOFARS 5601-1)

I have reviewed this document and find the J&A legally sufficient to support other than full and open competition:

NAME: _______ TITLE: Attorney-Advisor____________

13. Procurement Agency Advocate for Competition (PAAC): (FAR 16.505(b)(2)(ii)(B)(10), SOFARS 5601-1)

Based upon the foregoing justification, I hereby approve the procurement of one additional FSR and ground terminal at Sabre 1 in the estimated amount of in the new total contract amount . The action(s) pursuant to this J&A are subject to the availability of funds and the completion of all required statutory and regulatory reviews and approvals.

NAME: ____ TITLE: KF Division Chief__