ExcptntoFairOpportunityW15P7T06DE404.pdf

Control No. 14-040

JUSTIFICATION REVIEW DOCUMENT

FOR OTHER THAN FULL AND OPEN COMPETITION

Program/Equipment: Systems Engineering, Integration, Operations & Readiness Support for Program Executive Office for Command, Control and Communications-Tactical (PEO C3T)

Authority: 10 U.S.C. § 2304c and FAR 16.505(b) (2) (i) (C) Amount: ………..

Prepared by:

Thomas Campana Date: 12/05/2013 Procurement Program Officer DSN: 848-4902 thomas.campana2.civ@mail.mil

Contracting Officer:

Brett Schwerin Date: 12/05/2013 Branch Chief DSN: 848-5115 brett.schwerin.civ@mail.mil

Technical Representative:

Elissa S. Silver Date: 12/05/2013 Systems Acquisition Specialist DSN: 395-6530 elissa.s.silver.civ@mail.mil

Requirements Representative:

Denett R. Rose Date: 12/05/2013 Deputy Director, PEO C3T RMD DSN: 648-8424 Denett.r.rose.civ@mail.mil

Management Representative:

Joselito Rodriguez-Ramos Date: 12/05/2013 Acquisition Advisor, PEO C3T BMD DSN: 648-8289 joselito.j.rodriguezramos.civ@mail.mil mailto:thomas.campana2.civ@mail.mil mailto:%20brett.schwerin.civ@mail.mil mailto:elissa.s.silver.civ@mail.mil mailto:Denett.r.rose.civ@mail.mil mailto:%20joselito.j.rodriguezramos.civ@mail.mil

Reviews: I have reviewed this justification and find it adequate to support other than full and open competition.

Program Executive Officer:

DANIEL P. HUGHES DSN: 648-8257

Brigadier General, US Army Program Executive Officer

Legal Counsel:

Typed Name: DSN:

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY UNDER FAR 16.505

1. Agency/Contracting Activity:

U.S. Army Contracting Command Aberdeen Proving Ground, Division B

ATTN: ACC-APG/CCAP-CCB

Aberdeen Proving Ground, MD 21005

2. Description of Action:

Nature: New Requirement Follow-on Requirement X Mod to Existing Order Number Task Order 0024

Order against: FSS Contract Number:

OR

X Multiple Award ID/IQ Contract Number: W15P7T-06-D-E404

Pricing: Firm-Fixed Price X Time & Materials Cost Type

For Hybrid Contracts, list percentage of each type of pricing: N/A

Funds: Task Order 0024 contains multiple funding types to include Operations and Maintenance, Army (OMA); Other Procurement, Army (OPA); Research, Development, Test and Evaluation (RDT&E); Army Working Capital Funds (AWCF), and Foreign Military Sales (FMS).

Fiscal Year of Funds: FY 2013 & 2014

Name of Proposed Contractor: Computer Sciences Corporation, North American Public Sector Street Address: 6200 Guardian Gateway Dr.

City, State, Zip: Aberdeen Proving Ground, MD 21005 - 1327 Phone: (410) 273-2640

3. Description of Supplies or Services:

The proposed action is for a modification to Time & Materials Task Order (TO) Number 0024 under Strategic Services Sourcing (S3) Multiple Award Contract (MAC) Indefinite Delivery-Indefinite Quantity (IDIQ) Contract Number Wl5P7T-06-D-E404 with Computer Science Corporation (CSC) to enable the completion of Software and Engineering services for information and knowledge management support for Program Executive Office for Command, Control and Communications-Tactical (PEO C3T) and other partnered organizations.

The requirements of TO 0024 include contractor support in a diverse range of engineering, architecture, integration and readiness support services that span the total life-cycle of PEO C3T battle command systems.

The required services include System of Systems Engineering and Integration, Network Engineering, Architecture Development, Interoperability Engineering, Information Assurance, Technology Transition/Insertion, Prototyping, Testing, Fielding and Training. All contract efforts must be planned and executed in coordination with multiple units and organizations, with special consideration for the US Army war-fighting mission and the current Operations Tempo (OPTEMPO) of US Army war-fighting units as they undergo exercises and training events, deployment, operations, redeployment and reset. PEO C3T is responsible for all facets of developing, fielding, and sustaining Command, Control, Communications, Computers, Intelligence, Surveillance, and Reconnaissance (C4ISR) Systems, and this task order provides PEO C3T with the necessary specialized staff support and services to fulfill its assigned mission.

This effort is within the scope of the basic S3 contract. Specifically, this Task Order extension applies to paragraph(s) 3.1.1 – 3.1.4, 3.2.1 – 3.2.4, and 3.3.1 – 3.3.3 of the S3 basic Performance Work Statement (PWS).

There are no changes in the scope of the contract requirements.

The original Period of Performance (PoP) for this TO was a twelve month (12) base period (14 October 2010 through 14 October 2011) with one ten (10) month option period of performance from 15 October 2011 to 14 August 2012. In July 2012, an Exception to Fair Opportunity document was approved to extend the PoP from 14 August 2012 to 13 February 2013, with no additional increase in ceiling. In February 2013, a second Exception to Fair Opportunity was approved to extend the PoP from 14 February 2013 to 15 May 2013. In May 2013, another Exception to Fair Opportunity document and task order extension was processed for 123 days (from 15 May 2013 to 15 September 2013) and again in September 2013 for an additional 90 days (from 15 September 2013 to 16 December 2013). All four of the previous TO 0024 extensions have been based upon delays with proposal reviews and finalizing the follow-on Rapid Response – 3rd Generation (R2-3G) competitive task order.

On 14 November 2013, Army Contracting Command - Aberdeen Proving Ground (ACC-APG), Division B awarded the follow-on effort W15P7T-10-D-D416 Task Order 0013 to DRS Corporation. The aforementioned R2-3G Task Order 0013 was the intended follow on for the current S3 Task Order – which is the subject of this Exception to Fair Opportunity. The Government received a Government Accountability Office (GAO) protest from Computer Sciences Corporation (CSC) in response to the award of Task Order 0013 to DRS Corporation under Contract W15P7T-10-D-D416 for the services described previously in this document. Task Order 0013 was awarded after a competition as Request for Task Execution Plan (RTEP) 0563 on the R2-3G

IDIQ.

Computer Sciences Corporation (CSC) is the incumbent for these services under Task Order 0024 of Contract Wl5P7T-06-D-E404 whose period of performance ends on 16 December 2013. CSC submitted a protest for Task Order 0013 to the GAO on 25 November 2013, and a 100-day Competition in Contracting Act (CICA) stay was granted by the GAO. Due to the GAO imposed CICA stay, a modification to Stop Work under the DRS Task Order 0013 was issued on 26 November 2013.

The requested instant action will further extend the Period of Performance (PoP) of Option Year 1 for up to 135 days from 17 December 2013 to 30 April 2014 with a $2M proposed increase to the Option Period ceiling.

Presently, there is $5M in available Task order ceiling; so a $2M increase is needed. The anticipated value of the 135 day effort is $7M. The proposed (up to) 135 day extension would be implemented in 45 days increments; a single base period of 45 days (17 Dec 2013 to 30 Jan 2014), and two 45 day options periods (31 Jan-16 Mar 2014 and 17 Mar-30 April). The rationale for the (up to) 135 days includes the potential 100 days for the CICA stay, plus additional time to complete the remaining transition to the R2-3G Task Order 0013.

FY 2013-2014 Operations and Maintenance, Army (OMA); FY 2012-FY2014 Other Procurement, Army (OPA); FY 2013-2014 Research, Development, Test and Evaluation (RDT&E); Army Working Capital Funds (AWCF), and Foreign Military Sales (FMS) funding is available and will be used for this effort.

4. Authority:

X 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 6.505(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)]

X 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. Rationale/explanation to support cited authority: Task Order (TO) 0024 was originally competed among all S3 Multiple Award Contract holders; one offer was received from Computer Science Corporation.

The Government awarded TO 0024 to Computer Science Corporation on 14 October 2010, which cited one 12 month base year, and one 10 month option period. The current option period of performance ends on 16 December 2013. The follow-on task order award has been awarded, but is on hold due to the CICA stay imposed by the GAO.

The TO 0024 PoP extension will allow the continuation of vital services through the CICA stay and stop work order on the current contract. Without the extension, a substantial disruption in PEO C3T's ability to fully support the Warfighter will occur. PEO C3T relies heavily upon contractor support in engineering integration, network engineering, architecture development, interoperability, information assurance, technology transition, prototyping, testing, fielding, and training. These support activities must be ongoing and concurrent, taking into account evolving technology, interoperability requirements, collaborative capabilities, and a dynamic environment in Forward deployed units. For this reason, any interruptions or “break in service” will impact the Warfighter's ability to successfully deploy, train, and field equipment.

Extending the current PoP is a logical follow-on for the Government as it provides the best economy and efficiency for the interim period. Soliciting another task order to gain competition will not improve the economy of the program. By extending the PoP with the existing contractor, the Government can take advantage of the experience and efficiency being currently utilized to lower costs and reduce performance risk.

If the 135 day extension (in three 45 day increments) was solicited for competition, the likelihood that multiple offerors would propose is significantly reduced because of the shorter PoP.

Attempting to resolicit this effort would increase the potential costs both in terms of time and dollars. The current follow-on effort was in the Presolicitation phase for nearly eight (8) months. We anticipate that placing this 135 day extension (in three 45 day increments) requirement within a competitive environment, would add at least three months of schedule time creating a disruption in critical services to the PEO and the Warfighter.

In addition, the Government would expect to incur a significant increase in the contract costs, estimated at $1.2 to $1.6 million dollars due to the transitional aspects of moving from a Time & Materials contract to a Cost- Plus Fixed Fee or Firm Fixed Price effort.

The Government can take advantage of economies of scale with the existing contractor for the extended PoP as the need for a transition period is not required (for the (up to) 135 day extension), the program staff is established, and the scope of work does not change. This will ensure the contractor is able to perform the required tasks timely and efficiently which reduces the cost to the Government. Failure to extend the PoP will result in the Warfighter losing access to required secure tactical communications in the field which may significantly increase the risk of serious injury or loss of life to Warfighters.

6. Market Research: Market Research was conducted by the Contract Specialist via the Army Single Face to Industry (ASFI). A Special Notice was submitted via ASFI to the seven S3 primes on 08 August 2013 with a suspense date of 15 August 2013. All S3 Prime Contractors had an opportunity to express their interest or intent to bid on the previous extension. There were only four (4) respondents to this posting, Booz Allen Hamilton, CACI, CSC, and ManTech. CSC was the only prime contractor to reply with "Yes" with their intent to continue work on this effort. All other responses were "No". The market research effort did not yield additional potential sources that can fully perform the requirement within the needed timeframe without impacting the Warfighter.

7. Actions to Increase Competition: Market surveillance has continued to be performed and sources have been identified with the capabilities to provide the support required for this effort. Future contracting efforts for PEO C3T will use R2-3G multiple-IDIQ contracts awarded to 18 primes that have already been evaluated for their capabilities to support PEO C3T. PEO C3T submitted a complete Acquisition Requirements Package to ACC-APG, Division B for solicitation o f a follow on task order under RFP 3G-0563. The task order was awarded on 14 November 2013, but due to circumstances of the CICA stay, it cannot be performed. The current effort was a competitive task order awarded through the S3 MAC vehicle. Market research was conducted, details of which are in the market research section of this document.

8. Any other facts supporting the justification: On December 21, 2012, a protest of RTEP 3G-0563 was received. This protest was withdrawn on 18 January 2013, as a result of revisions made to the RTEP via Amendment 0009. A second protest of the RTEP was received on 25 January 2013. After receipt of the second protest, the proposal submission date was extended indefinitely via Amendment 0010 on 28 January 2013, to allow for protest resolution. Amendment 0011 was executed on 05 February 2013, revising the RTEP and several attachments, as well as establishing a new proposal submission date of 12 February 2013.

Amendment 0012 was executed on 08 February 2013, containing final RTEP revisions and a revised proposal submission date of 20 February 2013. Proposals submitted in response to the RTEP were received on or before 20 February 2013 as required. The technical review of these proposals was concluded on 12 August 2013; the cost/price review was completed on 14 August 2013. The POM was approved on 15 August 2013. Question letters were emailed to Offerors on 19 August 2013. Final proposal revisions were received on 03 Sep 2013, and award of the follow-on task order was made on 14 November 2013. On 25 November, CSC protested the award of the new task order to the GAO and following a stay under the Competition in Contracting Act (CICA) by the GAO, a stop work order was issued to the awardee, DRS Corporation.

9. Technical / Requirements Certification: I certify that the supporting data under my cognizance which is included in this limited sources justification is accurate and complete to the best of my knowledge and belief.

Submitted By: DENETT R. ROSE Position Title Deputy Director, PEO C3T BMD Email address: denett.r.rose.civ@mail.mil

{Signatur e}

{dat e}

10. Contracting officer’s determination that the order represents best value (FAR 8.404(d) or FAR 16.505(b)(5)), to include the basis for determination of a fair and reasonable price per FAR 15.402: In August 2013, a cost/price analysis for Task Order 0024, TEP Revision 12 was conducted to determine if revised labor rates, materials, subcontractor costs, and travel costs were fair and reasonable for the order cited above. The analysis revealed that the labor rates and cost elements noted above were commensurate with current market rates and well below the maximum negotiated rates for the incumbent contractor CSC. The analysis was conducted by the Division B Cost and Pricing Branch, and was reviewed and approved by the Branch Chief.

11. Review: I have reviewed this justification and have no legal objection.

Legal Counsel

Typed Name: ___________________________

12. Contracting Officer’s Approval: I hereby certify that this limited source justification is accurate and complete to the best of my knowledge and belief. Based on the foregoing, I approve this limited source justification subject to availability of funds, and provided that the services and supplies herein described have otherwise been authorized for acquisition.

NAME: BRETT SCHWERIN

TITLE: Contracting Officer

{Legal }

{Legal dat e}

{Signa ture}

{da te}

Approval

Based on the foregoing justification, I hereby approve the award of modification to Time & Materials Task Order Number 0024, under Indefinite Delivery Indefinite Quantity Contract Number W15P7T-06-D- E-404 for an extension to the Period of Performance (up to) 135 days from 17 December 2013 to 30 April 2014 (in 45 day increments), with a $2M increase to the task total ceiling to enable the continuation of Software and Engineering services for information and knowledge management support for PEO C3T and other partnered organizations during the CICA protest and remaining transition from TO 0024 to the R2-3G follow-on effort. This action is authorized as 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 pursuant to the authority of 10 U.S.C. § 2304c and FAR 16.505(b)(2)(i)(C), 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 CECOM Competition Advocate.

C

CYNTHIA A. JACKSON

Special Advocate for Competition

{ Competition Advo cate}

{ date }