redactedJ A0114.pdf

Control Number 14-041

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY UNDER FAR 16.505

1. CONTRACTING ACTIVITY: U.S Army Contracting Command Aberdeen Proving Ground Attn: ACC-APG Aberdeen Proving Ground, MD 21005

2. DESCRIPTION OF ACTION: The proposed action is for a modification of Cost Plus Fixed Fee W15P7T-06-D-E402 Task Order 0114 with CACI Technologies Inc to increase the task order ceiling by $3,600, 000.00. Task Order 0114 will expire on March 18, 2014. The ceiling increase of this task order will ensure there is continuity of technical, administrative, and operational services support

TO 0114 was competitively awarded on 17 March2011 under the Strategic Services Sourcing (S3) Multiple Awards Contract Vehicle W15P7T-06-D-E402, The period of performance was inclusive of one 12 month base and two 12 month options periods.

. The anticipated award date for modification 68 to increase the ceiling is NLT 23 December 2013.

Nature: New Requirement Follow-on Requirement Mod to Existing Order Number W15P7T-06-D-E402 Task Order 0114

Order against Multiple Award ID/IQ Contract Number:

OR

FSS Contract Number:

Pricing: Firm-Fixed Price Time & Materials Cost Type

Funds: Operations and Maintenance, Army (OMA)

Other Funds: Other Procurement Army (OPA), Research, Development, Testing and Engineering (RDT&E)

Contractor:

CACI Technologies, Inc, 14370 Newbrook Dr.

Chantilly, VA 20151-2218.

3. Description of Supplies or Services:

. The contractor shall be capable to fully respond in an efficient manner to the Government's requirements at the time of contract initiation. The services provided by the contractor shall include support for

, This type of engineering support under the CACI Task 114 is to

The deliverables shall include , etc. This work will end Dec 23 2013 when the ceiling is reached. This additional work is still within the scope of Task 114.

The contractors shall support customers with The contractor shall be required to purchase material in support of the activities/tasks described in this TO. The non-commercial IT materials required can be hardware, software, firmware, replacement parts or other items of communication systems.

4. AUTHORITY CITED:

ORDER AGAINST MULTIPLE AWARD ID/IQ CONTRACT: Section 803 of the National Defense Authorization Act of 2002 (PL 107-107), FAR 16.505(b) (2) and DFARS 216.505- 70(b), the contracting officer shall give every awardee a fair opportunity to be considered for a delivery/task order. Mark the applicable exception:

A statute expressly authorizes/requires that purchase be made from a specified source [DFARS 216.505-70(b)(1)]

Item peculiar to one manufacturer (a particular brand-name, product, or a feature of a product that is peculiar to one manufacturer) [FAR 16.505(a)(4)].

Urgent agency need precludes fair opportunity [FAR 16.505(b) (2) (i) (A)] only one awardee is capable because supplies or services are unique or highly specialized [FAR 16.505(b) (2) (i) (B)]

In the interest of economy and efficiency, the order is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order [FAR 16.505(b)(2)(i)(C)] It is necessary to place the order to satisfy a minimum guarantee [FAR 16.505(b)(2)(i)(D)]

5. REASON FOR AUTHORITY CITED: CACI is the current contractor providing the required technical, administrative, and operational services support . The ceiling increase will allow CACI to provide the necessary support required.

The task has reached its ceiling prior to the expiration of the task because over the past 3 years of the contract there were surges in requirements and a BRAC move in which additional contractor to support was required the TAOSS solicitation (W15P7T-13-R-A702).

However, the solicitation is still in progress and while contracts are available today, S&TCD estimates that it will take 4-6 months before the first TO be competitively awarded. Furthermore, other contracts in operation at the individual S&TCD divisions lack the required ceiling or scope of work; or are under protest themselves.

Secure tactical communications are essential in the current Counter Insurgency (COIN) Operations of the Army. Any break in services in the development and subsequent fielding of this equipment directly impacts Soldiers and puts Army networks at risk.

Any break in service will result in loss of this limited talent pool as well as significant training time to re-develop this expertise. Failure to increase the ceiling would jeopardize secure Army communications and would unnecessarily expose the Army’s networks and Soldiers to vulnerabilities.

6. EFFORTS TO OBTAIN COMPETITION: Market research was conducted. No other vendor can provide the knowledge for development to support the Army

No other vendor can immediately complete work packages at this time (restructure this sentence at this time or for the Gov requirement at this time?

7. ACTIONS TO INCREASE COMPETITION: S&TCD intends to meet future requirements through the competitive award of new contracts and task orders under the TAOSS and S3 programs in addition to using other competitive acquisition strategies. Given the level of competitive interest and teaming arrangements demonstrated during the release of the TAOSS solicitation, it is the Government’s opinion that adequate competition will exist for any re-competition of the cited services.

STCD is developing a long term follow on contract to support the ongoing information assurance requirements. The anticipated date of award is March 17, 2014 under the S3 Multiple Award Contract.

8. MARKET RESEARCH:

As the S3R-1028 was put on hold we approached CACI to see if they would accept an increase in ceiling without an increase in labor rates. CACI is aware of S&TCD request and is willing to continue their support without increasing their rates.

Market research was conducted on September 2012 under W15P7T-12-R-A339 which showed that no small business was capable of performing the work. The small businesses that responded to the market research were AASKI, Flight test Aerospace, Nexagen Networks, and Frontier Technologies, INC.

Additional market research was conducted on 07 February 2013 in support of Solicitation TOR S3R- 1028, which resulted in CACI’s award of W15P7T-06-D-E402 0148. This market research indicated that several of the parties to the S3 contract expressed an interest in competing for this effort.

However, only Booz Allen Hamilton and CACI Technologies submitted Task Execution Plans for consideration . Since TO 0148 is in protest, Task Order 0114 represents the only viable source for obtaining these required CSIA services. Execution of a new acquisition without modification of TO0114 would not be in the best interest of the Government in that the critical services and subject matter experts would be lost in the time associated if the Government competed a new contract award. The costs to the Government, the Soldier and the Army could far exceed the costs associated with this contractual action.

9. Interested Sources. The interested sources for this effort are provided below:

10. Other Facts:

a. Procurement History:

Contract Number Award Date Contractor Comp/Sole Source

(FAR Exception)

W15P7T-06-D- E402/0114

17 March 2011 CACI Competitive

b. Acquisition Data Availability: The Government does have a Performance Work Statement.

c. Subcontracting Opportunities: The current contract was competitively awarded to CACI Technologies Inc and includes an approved sub-contracting plan. The existing plan will continue in place as required to support this requirement.

11. TECHNICAL / REQUIREMENTS CERTIFICATION: I certify that the supporting data under my cognizance which is included in this exception to fair opportunity logical follow on is accurate and complete to the best of my knowledge and belief.

Submitted By: Type Name Chief, Project Management Office l

NAME {

SIGNATURE {

DATE

TITLE Technical/Requirements Lead

12. Contracting Officer’s Determination: I have determined that the order represents best value IAW FAR 16.505(b) (5), to include the basis for determination of a fair and reasonable price per FAR 15.402.

NAME

SIGNATURE

TITLE Contracting Officer

13. Review Legal Counsel: I have reviewed this justification and have no legal objection.

NAME

SIGNATURE

TITLE Legal Counsel

14. Contracting Officer: I hereby certify that this exception to fair opportunity logical follow on is accurate and complete to the best of my knowledge and belief. Based on the foregoing, I approve this justification subject to availability of funds, and provided that the services and supplies herein described have otherwise been authorized for acquisition.

NAME

SIGNATURE

DATE {KO.DATE}

TITLE Contracting Officer

15. APPROVAL:

Based on the foregoing justification, I hereby approve the award of this contract with CACI to enable S&TCD CSIA maintain continuity of technical Programs/Projects Support currently provided by this contractor. This action is authorized on an other than full and open competition basis pursuant to the authority of 16.505(b)(2)(i)(A) exception to fair opportunity subject to the availability of funds, and provided that the services herein described have otherwise been authorized for acquisition. If the proposed contract action is not completed within 180 days from the below date, this Justification and Approval shall be returned to the Competition Advocate for revalidation. Additionally, should there be changes to the requirements, basis for the justification, market conditions or increases in the estimated value of the proposed action, the Contracting Officer shall document these changes in a memorandum and obtain review/concurrence from the Competition Advocate.

NAME

SIGNATURE

TITLE Special Competition Advocate