USF-EU JA CMO 25-02 _Final_Director Review_Redacted.pdf

CMO Control Number: 25-02

CUI

(See FAR 2.101 and 3.104-4)

Controlled by: Army Controlled by: ACC-DTA CUI Category: General Procurement and Acquisition Distribution/Limited Dissemination Control: FEDCON POC: Jessica Bailiff, 586-282-4255

Justification Review Document for Exception to Fair Opportunity

Program: Department of Defense Language Interpretation and Translation Enterprise II (DLITE II) United States Forces – Europe (USF-EU)

Authority: Title 10 United States Code (U.S.C) 3406(c)(1) as implemented by Federal Acquisition Regulation (FAR) 16.505(b)(2)(i)(A), the order must be issued on a sole source basis as “the agency need for supplies or services is so urgent that providing fair opportunity would result in unacceptable delays.”

Amount:

Prepared by:

Typed Name: Matthew Pliska Phone: (586)-282-6175 Title: Contract Specialist Email: matthew.r.pliska.civ@army.mil

Contracting Officer:

Typed Name: Jessica Bailiff Phone: (586)-282-4255 Title: Contracting Officer Email: jessica.m.bailiff2.civ@army.mil

Technical/Requirements Representative:

Typed Name: Forrest Evans Phone: (703) 428-4595 Title: Deputy Director, CLIPSO Email: forrest.a.evans.civ@army.mil period at a time, in order to ensure an appropriate level of support is provided without committing the US Government to an inflexible long-term level of support

The total estimated value of this action seeking approval, if all options are exercised (excluding the original OY3 requirement), is This estimate is supported by an Independent Government Cost Estimate (IGCE). The contract type is Cost Plus Fixed Fee (CPFF) for labor and Cost, No Fee for Other Direct Costs (ODCs), Travel, and Defense Base Act Insurance (DBA). The tables below detail the estimated costs by cost element for OY3 and the .

4. Authority Cited: The statutory authority permitting other than full and open competition is Title 10 United States Code 3406(c)(1) as implemented by FAR 16.505(b)(2)(i)(A), the order must be issued on a sole source basis as “the agency need for supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.”

5. Reason for Authority Cited:

a. The Russian/Ukraine Crisis is a complicated and unpredictable geopolitical event and because of this it is not possible to predict the nature of these requirements in a way to make competition viable at this time. The Crisis began in 2014 when Russia invaded the Ukrainian territory of Crimea in the aftermath of the Ukrainian Revolution. The conflict escalated drastically when on 24 February 2022, Russia announced a “Special Military operation” and began a full-scale invasion of Ukraine. Somewhat unexpectedly, Ukraine was able to mount an effective resistance and quickly the conflict became a stalemate. Beginning on 25 February 2022, the US Government began providing military aid to Ukraine. Since that time the US has committed more than in security assistance to Ukraine2.

2 According to the “Russian War in Ukraine Timeline” per the U.S. Department of Defense using other than full and open competition to expand the TE by for the remainder of the base period of performance. Additionally, Modification P00010 expanded the TE by for OY1. The Justification for Exception to Fair Opportunity, CMO Control 2023-04, citing FAR 16.505(b)(2)(i)(A), “The Agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays” was approved by the Senior Contracting Official, Mr. Daniel Gallagher, on 16 December 2022.

using other than full and open competition to expand the TE by for the remainder of to add an

The Justification for Exception to Fair Opportunity, CMO Control 2023-16, citing FAR 16.505(b)(2)(i)(A), “The Agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays” was approved by the Senior Contracting Official, Mr. Daniel Gallagher, on 27 March 2023.

(6) using other than full and open competition to expand the TE by The Justification for Exception to Fair Opportunity, CMO Control 2023-36, citing FAR 16.505(16.505(b)(2)(i)(A), “The Agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays” was approved by the Advocate for Competition, Mr. Jeffrey Willey, on 21 September 2023.

to , incorporate an updated TE and include a The Justification for Exception to Fair Opportunity, CMO Control 2024-04, citing FAR 16.505(16.505(b)(2)(i)(A), “The Agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays” was approved by the Senior Procurement Executive, Mr. Douglas Bush, on 15 December 2023.

b. As stated in Paragraph 10.a(1), the current contract was originally awarded under full and open competition with expansions to the TE added under other than full and open competition. This contract expires on if all options are exercised. The follow-on contract for the USF-EU mission will be competed among the DLITE II Train and Sustain vendor pool.