SBS003513 - Exception to Fair Opportunity_Redacted.pdf

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JUSTIFICATION & APPROVAL (J&A) FOR FEDERAL ACQUISITION

REGULATION (FAR) SUBPART 16.5 ACQUISITIONS

EXCEPTION TO FAIR OPPORTUNITY

Multiple Award Schedule/Multiple Award Contract (MAC)

Orders under MAC/ Fair Opportunity – FAR 16.505(b), Department of Defense FAR Supplement (DFARS) 216.505(b), Procedures, Guidance and Information (PGI) 216.505(b)

Purchase Request Number: SBS003513 Contract Number:

Task/Delivery Order Number: To be determined Procurement Title: Terminals and Service Estimated Value:

Statutory and Regulatory Authority: 10 U.S.C. 3204(a) and FAR 16.505(b)(2)(i)(B)

Exception to Fair Opportunity Number: JA24-114

Upon the basis of the following justification, I, as Senior Procurement Executive, hereby approve this exception to fair opportunity pursuant to the authority of FAR 16.505(b)(2)(i)(B)

1. REQUIRING AGENCY AND CONTRACTING ACTIVITY:

Requiring Agency:

Space Systems Command – Commercial Satellite Communications Office

6910 Cooper Avenue Ft. Meade, MD 20755

Contracting Activity:

Defense Information Systems Agency (DISA)/Defense Information Technology Contracting Organization (DITCO) PS8222

2300 East Drive Scott Air Force Base, IL 62225

2. NATURE/DESCRIPTION OF ACTION(S): The government has the need to acquire non-preemptible, contiguous commercial satellite communications (SATCOM) service provided through a commercial Low Earth Orbit (LEO) SATCOM provider. This requires the purchase of terminals (equipment) and communications services for these terminals. There are 3 optional Contract Line Items (CLINs) on the order. The first

JA24-114 Terminals & Service for

Page 3 of 5 Pages with no degradation to the mission. Based on the changing battlefield environment, forces require additional terminals to meet the current mission needs.

d) Currently, only is contractor on the Proliferated Low Earth Orbit (PLEO) Indefinite Delivery Indefinite Quantity (IDIQ) that is offering this service as part of their IDIQ.

(2) Minimum Government requirements. The base requirement is for the procurement of terminals and service plans for each terminal.

(3) Proposed sole source contractor and demonstration of unique source. is the only contractor that is able to offer and service as part of their PLEO IDIQ. To date no authorized resellers have added these service offerings to their IDIQ offerings.

(4) Procurement discussion. It is not currently possible to procure services from another SATCOM provider. Other commercial SATCOM systems are not readily compatible with terminals in place, no do they have proven performance record of adjusting to adversarial challenges of the battlefield environment being encountered. Front-line units are currently deployed with terminals within the region. Transitioning these units to another type of terminal or service during ongoing military operations will put tactical forces on the ground at risk for injury/death and increase the risk of mission failure to unacceptable levels.

(5) Impact. Transitioning to another service provider would introduce an unacceptable gap in service. The time needed to acquire, ship, and configure new terminals and networks, as well as distributing those terminals across a contested environment, would negatively affect the United Sates Government’s ability to render support to

. Failure to continue service could result in operational mission failure for many tactical units currently engaged in warfare, and loss of life or limb to personnel across the battlefield. Continued utilization of services is critical for effective tactical communications and, due to the existing critical communications capability that it provides the ground fleet, any gap in service will further weaken the defenses against the ongoing aggression. The potential for loss of life or limb to personnel is contingent upon no loss of SATCOM services.

5. COST/PRICE FAIR AND REASONABLE DETERMINATION: Pricing will be determined fair and reasonable based on analysis and comparison of the established IDIQ pricing as well as historical pricing paid on other orders and contracts for the same or similar service.

6. MARKET RESEARCH: A market research report for PLEO was completed on September 15, 2022, which analyzed the industry, documented a Request for Information (RFI), released in March 2020 with subsequent RFI interviews that followed. The competitive award strategy for contract was published on September 19, 2022, and was awarded in August of 2023. Information gathered from the PLEO effort were utilized for this requirement and are in

Page 4 of 5 Pages line with other awarded task orders under the PLEO IDIQ contract. Market Research for this requirement was conducted from January 2023-June 2024 and is reflected in the cognizant Market Research Report.

Based on current market research, completed between January 2023-June 2024, it has been determined that only the aforementioned terminals and associated service provided by , can fully meet the government’s need.

7. ANY OTHER SUPPORTING FACTS: None

8. ACTIONS THE AGENCY MAY TAKE TO REMOVE OR OVERCOME BARRIERS

THAT LED TO THE EXCEPTION TO FAIR OPPORTUNITY:

(a) Procurement History.

Sole-Source, FAR 6.302-4 International Agreement – FMS Case

(b) The current architecture was procured in April 2023 the use of an FMS Case. Until there is a reprieve in the aggression against , there will not be sufficient time to allow for a complete transition of SATCOM terminals and their associated service.

Due to the uniqueness of the situation in , there are no actions that can be taken at this time to remove the barriers. Until the aggression stops, there won’t be sufficient time to allow for a changeover of terminals and associated services.

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TECHNICAL CERTIFICATION: I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief.

NAME: SIGNATURE/DATE: See separate signature page

TITLE/ORGANIZATION: Contracting Officer Representative/SSC/CSCO

PHONE:

REQUIREMENTS CERTIFICATION: I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief.

NAME: SIGNATURE/DATE: See separate signature page

TITLE/ORGANIZATION: Contracting Officer Representative/SSC/CSCO

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

NAME: SIGNATURE/DATE: See separate signature page

TITLE/ORGANIZATION: Contracting Officer/DISA/DITCO PS8222

SENIOR PROCUREMENT EXECUTIVE (SPE) APPROVAL: I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief.

Since this justification exceeds , this review serves as approval.

NAME: SIGNATURE/DATE: See separate signature page

TITLE/ORGANIZATION: Senior Procurement Executive/DISA

ALL QUESTIONS REGARDING THIS JUSTIFICATION ARE TO BE REFERRED TO THE

Contracting Officer,