Redacted_FOJ_19-0540_USNS Trenton Follow-On 9-24-19_Final.pdf

DEPARTMENT OF THE NAVY

NAVAL AIR SYSTEMS COMMAND

RADM WILLIAM A. MOFFET BUILDING

47123 BUSE ROAD, BLDG 2272

PATUXENT RIVER, MARYLAND 20670-1547

IN REPLY REFER TO:

FOJ_19-0540

JUSTIFICATION FOR AN

EXCEPTION TO FAIR OPPORTUNITY

1. Contracting Activity.

Naval Air Systems Command (NAVAIR) Headquarters

2. Nature and/or Description of Action being Approved.

This Exception to Fair Opportunity Justification (FOJ) authorizes and approves the issuance of a follow-on task order to Insitu, Inc., 118 E. Columbia Way, Bingen, WA, under competitively-awarded Contract N00019-17-D-0095 to continue Intelligence, Surveillance and Reconnaissance (ISR) Services aboard the USNS Trenton in support of United States Africa Command (AFRICOM) Operations, with a focus on Special Operations Forces (SOF) support. This follow-on task order will be awarded under the NAVAIR PMA-263 UAS ISR Services Multiple Award Contract (MAC) for which AAI Corporation of Hunt Valley, MD (Sea-Based) was also selected.

3. Description of the Supplies or Services Required to Meet the Agency’s Needs (including the estimated value).

Insitu currently provides UAS ISR Services aboard USNS Trenton supporting AFRICOM under N00019-12-D-0011-0002. The final deployment support option of the existing task order ends on 18 Dec 2019. This follow-on task order procurement will meet the requirement for continued services, a requirement which originates from AFRICOM, is endorsed by United States Naval Forces Africa (NAVAF), and is validated by the United States Fleet Forces Command (USFFC) and the Office of the Secretary of Defense (OSD). The required services encompass the operation and maintenance of the ScanEagle UAS to provide real-time imagery and data that supports SOF forces with Electro-Optical (EO), Infrared (IR) and other electronic sensor data. This follow-on task order is anticipated to have a one (1) year period of performance with option periods for performance through March 2022. The estimated value of the USNS Trenton follow on task order is $15M, inclusive of all options.

Estimated Dollar Value in Thousands FY20 FY21 FY22 Total

O&M,N OCO $8.0M $5.5M $1.5M $15M

FOJ_19-0540

4. Identification of the Justification Rationale (see FAR 16.505(b)(2)) and, if applicable, a Demonstration of the Proposed Contractor's Unique Qualifications to Provide the Required Supply or Service.

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

Insitu is currently operating the ScanEagle UAS installed aboard USNS Trenton. The ship alterations required to support the ScanEagle UAS were significant and consist of permanently installed fiber-optic and power cable runs, multiple fabricated antenna foundations and multiple cable conduit and collar installations. These ship alterations are unique to the ScanEagle UAS.

Altering the installed infrastructure to support a different UAS would require new Ship Installation Drawings (6-months lead time required) to be generated and eight weeks of dedicated pier-side time to de-install the ScanEagle UAS, perform required ship alteration work and install a different UAS. The total costs would be prohibitive and the amount of pier-side time required is untenable for a forward deployed and engaged ship.

5. A Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable.

In accordance with FAR 15.402(a), the Contracting Officer shall ensure that all supplies and services ordered under the contract are procured at a fair and reasonable price. The Contractor will be required to submit a proposal for this effort with sufficient information to support the accuracy and reliability of the estimate. The Contractor will be required to submit cost or pricing data in accordance with FAR 15.403-4. Experienced technical analysts and contract specialists, with the aid of necessary field pricing support, will review the Contractor's proposed cost.

Analysis will be based on information such as historical costs and rate recommendations provided by field pricing support agencies (Defense Contract Management Agency and Defense Contract Audit Agency). The Contracting Officer will use cost and price analysis as the basis of negotiating a fair and reasonable price for the required efforts stated herein.

6. Any other Facts Supporting the Justification.

There are no other facts supporting the justification.

7. A Statement of the Actions, if any, the Agency May Take to Remove or Overcome any Barriers that Led to the Exception to Fair Opportunity before any Subsequent Acquisition for the Supplies or Services is Made.

Future requirements for UAS ISR Services which fall within the parameters of the UAS ISR Services MAC will be competed among the MAC awardees unless an exception to Fair Opportunity exists in accordance with FAR 16.505(b)(2).

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance which are included in this Justification and its supporting acquisition planning documents, except as noted herein are complete and accurate to the best of my knowledge and belief.

Technical Cognizance:

_____________________________ _____________________________ (301)757-5839 __________ Signature Douglas L. Thorp Phone No. Date

Requirements Cognizance:

_____________________________ _____________________________ (301)757-5858 __________ Signature Col John M. Neville Phone No. Date

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

_____________________________ _____________________________ (301) 757-0588 __________ Signature James B. Travis Phone No. Date

CONTRACTING OFFICER CERTIFICATION

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

_____________________________ _____________________________ (301) 757-5902 __________ Signature Stephanie N. Dunlap Phone No. Date

APPROVED

Upon the basis of the above justification, I hereby approve the solicitation of the proposed procurement described herein using other than full and open competition, pursuant to the authority at FAR 16.505(b)(2)(i)(B).

Malyna Geiger Date Director, Unmanned Aviation & Strike Weapons Procurement Department