TREX extension draft JNA 20-1930.pdf

CONTROLLED UNCLASSIFIED INFORMATION (CUI) – J&A No. 20-1930

United States Special Operations Command (USSOCOM)

Justification and Approval (J&A) For Targeted Requirement Execution (T-

REX)

13 August 2020

Justification for Other Than Full and Open Competition (J&A)

Authority: 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1(a)(2)(ii)

Project/Program Name: Targeted Requirement Execution (T-REX) Multiple Award Contract (MAC) Component/PEO/Other: Program Executive Office, Special Reconnaissance (PEO-SR) (Primary)

Estimated Contract Cost (including options): $26M.

Type J&A: (Individual or Class )

J&A No.

20 - 1930 Generated when entered in log

1. Agency and Contracting Activity: (FAR 6.303-2(b)(1))

United States Special Operations Command (USSOCOM), Special Operations Forces Acquisition, Technology, and Logistics (SOF AT&L), Directorate of Procurement, ATTN: SOF AT&L-KI, 7701 Tampa Point Blvd, MacDill AFB, FL 33621-5323

2. Description of Action: (FAR 6.303-2(b)(2)) Approval of this justification will authorize the incorporation (via contract modification) of an additional 4-month ordering period, under current Indefinite Delivery, Indefinite Quantity (IDIQ) contract(s), H92222-15-D-0013, H92222-15-D-0014, H92222-15-D- 0015, and H92222-15-D-0016, from 1 September 2020 to 31 December 2020, for the TREX program.

The current TREX contracts were competitively awarded with a contract maximum ceiling value of $750,000,000.00 with 5 ordering periods. There will be no change in the contract types, and funding will be obligated at the delivery/task order (DO/TO) levels using FY 19-21 Operations and Maintenance (O&M), Research and Development (R&D) and/or Procurement (PROC) funding as appropriate. This modification will not require an increase to the IDIQ contract(s) maximum ceiling value, however the Government estimates approximately $26M will be obligated during this additional ordering period based upon currently planned requirements.

3. Description of Supplies/Services: (FAR 6.303-2(b)(3)) The scope of the current T-REX program includes four prime Systems Integrators/Coordinators competing to provide Intelligence, Surveillance, and Reconnaissance (ISR) related equipment solutions and related incidental development and/or other services to the Government in three main categories; (1) Hardware and Modifications, (2) Specialized Communication Solutions and Networks, and (3) Signal Processing Capabilities.

The Technical Collection and Communications (TCC) Program, the Integrated Sensor Systems (ISS) Program, and the Sensitive Site Exploitation (SSE) Program, within

PEO-SR leverage the T-REX MAC for procuring new equipment, providing capital equipment replacement for equipment, and replacing equipment consumed through operational use. Other PEO’s within SOCOM and other SOCOM entities also utilize the T-REX MAC.

4. Authority Cited: (FAR 6.303-2(b)(4))

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

5. Reason for Authority Cited: (FAR 6.303-2(b)(5)) FAR 6.302-1(a)(2)(ii) states; Supplies may be deemed to be available only from the original source in the case of a follow-on contract for the continued development or production of a major system or highly specialized equipment, including major components thereof, when it is likely that award to any other source would result in --

(A) Substantial duplication of cost to the Government that is not expected to be recovered through competition, or (B) Unacceptable delays in fulfilling the agency’s requirements.

The ISR related equipment being acquired under the TREX MAC has been qualified exclusively for unique Special Operations Forces (SOF) missions (Reference Class Brand Name Justification, Attachment 5 to RFP H9222-20-R-0001). This equipment typically comes in the form of SOF pre-designed “kits” and is not able to be acquired commercially, kitted as required, and within the timelines necessary to meet SOF mission requirements, through other Government agency contracts such as GSA schedules or NASA SEWP, which is how the need for a TREX MAC originated.

All orders are competitively awarded among the four TREX prime contractors who must respond to each DO/TO RFP with a 10-day or less (some in under 5 days or less) while simultaneously managing the processing of existing orders through all phases of the product integration, kitting, assembly, and SOF logistical processes.

Further, they must understand and have the ability to navigate the complexities involved with purchasing hundreds of individual components and/or Subkits from numerous suppliers (at times for hundreds of items, across numerous different Original Equipment Manufacturers (OEMs)).

Therefore, the loss of this capability would result in the inability to acquire mission critical equipment until the new TREX MAC is in place (awards currently projected to occur in Mid-October 2020). The inability to acquire this equipment, would result in the loss of over $26M in programmed funding and have a direct negative impact on SOF Operations.

These contracts were competitively awarded on 31 August 2015 with a 5-year ordering period. A protest was received on 08 September 2015, and the protest stay was not lifted until 20 October 2015. This protest delay also resulted in the planned transition period being shifted to the right, and therefore, the Government effectively lost four months of the first 12-month ordering period with the first new DO/TOs being awarded beginning in February 2016.

This additional 4-month ordering period will not only give the Government back the time lost in that first ordering period, it will avoid negative mission impacts, the loss of over $26M in program funding, as well as, the risks associated with conducting a large contract transition right at the end of the Government’s fiscal year. Moreover, it will allow additional time to conduct an effective transition to the new TREX MAC, prior to issuing competitive DO/TO RFPs (beginning approximately 1 December 2020).

6. Efforts/Actions to Increase Competition: (FAR 6.303-2(b)(6) & (11))

A pre-solicitation notice was or was not publicized as required by FAR 5.2. The notice was posted to beta.SAM.gov website on 14 August 2020 informing Industry that USSOCOM intends to issue modifications to add an additional 4-month ordering period to the four current TREX MAC holders.

As stated previously, the source selection for the follow-on TREX contracts has been on-going since approximately January 2020 and awards are planned for October 2020.

7. Market Research: (FAR 6.303-2(b)(8)).

Again, efforts have already been on-going for the new competitive awards (Reference Solicitation number H92401-20-R-0001), which included extensive market research, Industry Days, Draft RFPs, and as part of the acquisition strategy, also included the intent to extend the current TREX MAC.

Specifically, as outlined in the initial Pre-Solicitation Notice, posted to the beta.SAM.gov website on 13 January 2020, the desired strategy included shifting the expiration of the TREX MAC away from the end of the Government’s fiscal year. The notice stated in part, that “There are currently four T-REX IDIQ Prime Contracts that were originally awarded in August 2015 (H92222-15-D-0013 to 15-D-0016). These contracts currently expire in August 2020, however, the current plan is to extend these contracts through 31 December 2020. If that plan is executed, a separate Notice of Intent along with the required Justification and Approval (JNA) will be publically posted.”

Further, the acquisition milestones, which stated an award date of 13 October 2020, was also provided publically both on Industry Day, as well as, posted as an update to the initial notice on 4 February 2020. This information was then continually posted with each subsequent update until release of the final RFP on 18 March 2020.

8. Other Authorities/Factors: (FAR 6.303-2(b)(9))

None

9. Interested Sources: (FAR 6.303-2(b)(10))

No other potential sources indicated an interest in writing.

NOTICE 1

Prior to approval, J&As will be screened to identify proprietary data and information exempted from disclosure by 5 U.S.C. 552, Freedom of Information Act, so that the final J&A may be prepared for required posting to FedBizOpps IAW Section 844 of NDAA 2009 as implemented via DPAP Memo, Public Disclosure of Justification and Approval Documents for Noncompetitive Contracts, dated 13 February 2009. J&As shall be posted to FedBizOpps within 14 days unless 10 U.S.C 2304(c)(2), Unusual and Compelling Urgency is cited. In that particular case the J&A will be posted within 30 days. Information selected for removal will be highlighted in yellow much like this statement so that signature authorities will know what information will be removed after approval, before posting.

10. Technical and Requirements Certification: (FAR 6.303-2(c))

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: Glen Cullen TITLE: Program Manager, Sensitive Site Exploitation (SSE)

SIGNATURE: _______________________________ DATE: _________________

11. Fair and Reasonable Cost Determination: (FAR 6.303-2(b)(7))

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable based on adequate price competition for all DO/TOs.

CONTRACTING OFFICER SIGNATURE IN SECTION 12 BELOW ALSO SERVES AS

THE PRICE FAIR AND REASONABLENESS DETERMINATION IN THIS SECTION.

12. Contracting Officer Certification: (FAR 6.303-2(b)(12))

I hereby certify that this J&A is complete and accurate to the best of my knowledge and belief.

NAME: Richard W. Baumgartner TITLE: Contracting Officer

13. 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: Travis L. Vaughan TITLE: Attorney-Advisor, SOJA-AQ

14. Agency Advocate for Competition Approval (AAC): (If over Procuring Activity Advocate for Competition (PAAC) Approval Authority, [see SOFARS 5601-1 for your component’s approval authorities], up to $13.5M. Note AAC must also sign above $13.5M.) SOFARS 5601-1

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

NAME: Charles Bright TITLE: Agency Advocate for Competition

15. Approval: (HCA Over $13.5M to $93M or SPE Over $93M ) Based upon the foregoing justification, I hereby approve the modification(s) to add a 4-month ordering period to the four TREX ID/IQ Contracts. No ceiling increase is required and the Government estimates approximately $26M to be obligated during this period. All 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: Col Eric Obergfell TITLE: Director of Procurement

NOTICE 2

POST APPROVAL REQUIREMENT: IAW Section 844 of NDAA 2009 as implemented via DPAP Memo, Public Disclosure of Justification and Approval Documents for Noncompetitive Contracts, dated 13 February 2009, this J&A will be posted to FedBizOpps within 14 days unless 10 U.S.C 2304(c)(2), Unusual and Compelling Urgency is cited. In that particular case the J&A will be posted within 30 days. Prior to posting, previously identified proprietary data and information exempted from disclosure by 5 U.S.C. 552, Freedom of Information Act, that has been identified IAW Notice 1 via yellow highlighting, will be removed in order to create a document that is no longer classified as “for official use only” and is thus, appropriate for public release. Follow the guidance found in the DCG for the redaction procees prior to public release.

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