14-0025JAW15P7T10DD410-0005.pdf

Control Number 14-0025

JUSTIFICATION AND APPROVAL

FOR AN EXCEPTION TO FAIR OPPORTUNITY UNDER FAR16.505

Program/Equipment: Engineering Support and Services in Support the Joint Electronic Warfare

Effects Laboratory (JEWEL) at the Naval Air Warfare Center Weapons Division (NAWCWD)

Authority: 10 U.S.C. § 2304c(b)(3) and FAR 16.505(b)(2)(i)(C) Amount: $2.85M

Prepared By:

Matt Jarvis Date:

Program Analyst DSN: 351-8967

Email: matt.jarvis@navy.mil

Procuring Contracting Officer: Date Reviewed:

Ashley E. Keating DSN: 861-4927

Email: Ashley E. Keating @mail.mil

Technical Representative:

Michael Worden Date Reviewed:

Program Lead DSN: 351-7068

Email: michael.worden@navy.mil

Requirements Representative

Matt Jarvis Date Reviewed:

Program Analyst DSN: 351-8967

Email: matt.jarvis@navy.mil

Management Representative:

Melissa Midzor Date Reviewed:

Program Director DSN: 351-0951

ECSEL Branch Head

Email: melissa.midzor@navy.mil

Reviews: I have reviewed this justification and find it adequate to support an exception to fair opportunity under FAR16.505 for a multiple award IDIQ contract.

Project Director, ECSEL Branch Head

Melissa Midzor DSN: 351-0951

Signature: ________________________ Date: _______________

Legal Counsel:

Peter S. Kozlowski Jr. DSN: 861-52XX

Signature: Date: _______________

JUSTIFICATION AND APPROVAL

FOR AN EXCEPTION TO FAIR OPPORTUNITY UNDER FAR16.505

1. Contracting Activity: Army Contracting Command

Aberdeen Proving Ground (ACC-APG)

ATTN: CCAP-CCB

6001 Combat Drive

Aberdeen Proving Ground, MD 21005-1846

2. Description of Action: The proposed action is a bilateral modification to increase the ceiling on W15P7T-10-D-D410 Task Order (T.O.) 0005 — the Joint Electronic Warfare Effects

Laboratory (JEWEL) at the Naval Air Warfare Center Weapons Division (NAWCWD). This

T.O. was awarded to Computer Sciences Corporation (CSC) through the fair opportunity process under a multiple award Indefinite Delivery Indefinite Quantity (IDIQ) contract which provides

Engineering Support and Services to the JEWEL. The anticipated award date of this action is 13

June 2014.

The proposed action will provide for a ceiling increase under a Cost-Plus-Fixed Fee (CPFF) term type of contract. It is anticipated that Fiscal Year 2014 (FY14) Operations and Maintenance

(O&M), FY13/14 Research, Development, Testing & Evaluation (RDT&E), and FY12, FY13 and FY14 Other Procurement Navy (OPN) funds will be used to fund the ceiling increase.

It is estimated that 20% O&M, 25% RDTE, and 55% OPN funding will be utilized to fund the requested increase in ceiling.

3. Description of Supplies/Services: This action is to provide an increase in ceiling in order to preserve the remaining period of performance till 28 September 2014 in which provides engineering services including research and engineering development, prototyping, demonstrations, integration, fielding, and product/software support.

Contract W15P7T-10-D-D410, T.O 0005 with CSC provides support for the Department of

Defense, Joint Services and War Fighters in improving their ability to provide Cyber

Warfare, Information Warfare, Electronic Warfare and Information Operations through

Studies and Analyses, Test & Evaluation (T&E), Verification, Validation & Accreditation

(VV&A) regarding current and emerging threats with operational and developing platforms, systems, systems of systems, and subsystems, with offensive, defensive and countering systems, Quick Reaction Capabilities (QRC), and prototypes, including

Techniques, Tactics and Procedures (TTPs). These efforts support Mission Critical programs, projects and services and Joint Chief of Staff Instruction (CJCSI) 3470.01 Rapid

Validation and Resourcing of Joint Urgent Operational Needs (JUONS) in the Year of

Execution. The scope of this effort is to provide additional ceiling required to continue the engineering efforts under the remaining task order period of performance. Remaining efforts include engineering to develop, upgrade, maintain, document and deliver products in support of various Cyber Warfare (CW), Information Operations (IO), Information

Warfare (IW) and Electronic Warfare (EW) Laboratories, programs and projects.

4. Authority Cited: 10 U.S.C. § 2304c(b)(3) and FAR 16.505(b)(2)(i)(C), the proposed action must be issued on a sole source basis in the interest of economy and efficiency because it 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. The proposed action is the result of a labor increase to support the remaining four months of the period of performance which will end on 28 September 2014.

5. Reasons for Authority Cited: The proposed contractor for this modification is Computer

Sciences Corporation (CSC) North American Public Sector, 3160 Fairview Park Drive, Falls

Church, VA, 22042-4516.

CSC has been providing instrumental and critical support to the systems design, structural integrity, configuration management and test/operational analysis/correction of identified deficiencies associated with CW, IO, IW, and EW laboratories, programs, and projects. The continuity of CSC engineering knowledge and expertise is imperative for delivery of operationally requested products. There is no other vendor with the expertise and experience that can transition into this effort immediately without causing unacceptable delays.

A gap in this support will degrade and adversely affect the operational capabilities and mission of the NAWCWD. The adverse impact caused by a disruption will endanger the warfighters entering enemy territories as well as being pursued by our enemies. NAWCWD provides top of the line self-defense capabilities which provides safety to our warriors. Without the ceiling increase which provides engineering support services, NAWCWD’s mission will be adversely affected and Foreign Military Sales Agreements may be reneged upon. NAWCWD also provides weapon systems support to our NATO allies, who rely heavily on our technology. The Secretary of Defense has made agreements with foreign military’s to support their mission needs. This has caused an unforeseen increase of mission support over the past year. NAWCWD relies heavily on the expertise and support of CSC contract personnel in order to achieve mission readiness and success. A failure to increase the support would cause a catastrophic impact to the overall mission.

There were several assumptions made at the time this task order was being developed in 2010.

The first was extrapolation of known programmatic information which projected a decrease in funding to develop, upgrade, maintain, and document all programs and projects such as Joint

Capability Technology Demonstration (JCTD) and Collaborative On-Line Reconnaissance

Provider / Operationally Responsive Attack Link (CORPORAL). The second assumption was that the anticipated reduction in troops in Afghanistan would result in reduced requirements.

These two assumptions did not materialize. In fact, there was an increased demand and requirement for the efforts being supported herein. Specifically:

Joint Capability Technology Demonstrations (JCTD) such as the Collaborative On-Line

Reconnaissance Provider/Operationally Responsive Attack Link (CORPORAL) transitioned to the AN/ALQ-231(V) Intrepid Tiger II (IT II) rapid deployment capability

(RDC). Assistant Secretary of the Navy Research (ASN(R)) Development and

Acquisition Office letter dated 29 February 2012 designated AN/ALQ-231(V)1 Intrepid

Tiger II a Rapid Deployment Capability (RDC) in order to provide rapidly developed critical Airborne Electronic Attack (AEA) capability to ground forces. IT II deployed in

May of 2012 and quickly became an operational. A side effect of the success was more demand for operational capability and assets. This RDC was modified to extend the capability from the original AV-8B to the F/A-18A++/C/D to the AH-1. The AH-1 variant is currently being developed and scheduled to commence testing in the summer of

2014. These three variants stemming from CORPORAL resulted in a significant increase in engineering, analyses, integration, and test support requirements.

The assumptions made during the development of subject requirement could not have foreseen the impact of this new system. The labor required to support this requirement has grown from approximately 12 FTEs (engineering, SME, Risk Management, Inventory management, draftsman, administration and program management) to 25 FTEs

(engineering, SME, risk management, inventory management, draftsman, technicians, cable manufacturing, sensor operator, configuration management, administration and program management).

Heavy operational dependence on Unmanned Air Vehicles (UAVs) and EW Systems housed in pods would not materialize during the course of this contract. However technology matured and operational successes realized which increased the demand for more capability to be deployed on UAVs. As a result, an increase in demonstrations of capability was realized as a precursor to deployment. Operational forces began to see the

UAV as a force multiplier. This brought the need to increase the labor/team with UAV maintainers, operators, and specialized engineers.

The reduction of troops in Afghanistan would result in reduced requirements. The reduction in troops in Afghanistan is occurring; however, the focus has shifted to specialized forces and technology along with tasking in other tactical areas of interest which translate to modified EA and EW requirements to support new emerging threats.

Now the EW arena paradigm is to enable an environment for the near-real-time tactical data which is adaptable and scalable to the changing threats. This shift resulted in an increased operational tempo, the need for "one-off' studies, demonstrations and prototypes designed to accomplish unique requirements in specific environments. These studies, demonstrations, and prototypes required additional engineering expertise with additional labor and experiments/testing in laboratories and then full on field testing

(operational testing) with the warfighters in those tactical areas of interest.

In summary, the need to employ a multitude of systems on many platforms at multiple locations could not have been foreseen. The scope of work has not changed; however, the number of required systems is driven by the operational needs. Along with new and emerging threats, the need for additional operational and developing platforms, systems, systems of systems, and subsystems, with offensive, defensive and countering systems, Quick Reaction Capabilities, and prototypes, including Techniques, Tactics and Procedures (TTPs) to counter those threats and protect our warfighters is increased exponentially.

Currently CSC, as the incumbent, is the only source that can provide the continuing services required by the Government. Failure to increase the labor on the existing task order, would result in a break in service which severely impacts mission readiness and operational effectiveness, deployed systems, the warfighter and the ability to counter current and emerging threats.

The proposed ceiling increase to support the remaining four months of the period of performance is absolutely critical to ensure the ability to fulfill NAWCWD’s requirements without a break in service. The efforts being supported herein are highly complex, technical, and on the leading edge of technology. Failure to provide the requested ceiling increase will prohibit NAWCWD’s ability to perform their mission. Furthermore, any break in service impacts the ability of the government to provide products in support of Joint EW Effects Laboratory, Vigilant Hammer, Counter IED Testing, OSD Research & Development, and multiple Program Platforms which include the F18, EA6B, EA18G, MH60 and F35 FMS Programs. This in turn means the warfighter will not have the latest the operational products needed to provide the technical EW and EA edge required to counter enemy threats and prevent any loss of life.

6. Efforts to Obtain Competition: T.O. 0005 was competed and only one offer was received. A follow-on requirement (R23G-0759) has been submitted to the R23G office for a competitive order. Although competition could be feasible for this ceiling increase, a minimum of 90 days is required to compete and award any smallest task orders when fair opportunity procedures are used based on historical knowledge with R2-3G task order competitions. Section 8 below shall discuss the result of market survey for this ceiling increase.

7. Actions to Increase Competition: For the effort governed by this J&A, no alternate sources are currently available that will avoid significant schedule delays in this requirement. As stated in paragraph 6 above, a competitive procurement package for a follow-on task order (R23G-

0759) has been submitted and award is expected by 28 September 2014. This order (T.O. 0005) was competed and the follow-on order will be competed in an effort to provide all interested parties an opportunity to bid and thereby provide the greatest opportunity for competition; as well as obtain the required services at the lowest possible cost to the government.

8. Market Research:

Market research was conducted by the Army Contracting Command on 4 June 2014 by surveying all eighteen (18) R2-3G Contract holders, and requesting responses whether they could fulfill the requirement to submit a proposal for this ceiling increase within seven days and transition in within 7 days of award, and if the contractor was interested on bidding this requirement. For this particular requirement, out of 18 R23G contract holders, six (6) contractors responded the survey with four (4) indicated no bid, one (1) required more information than the provided PWS to consider proposing, and only one -- the incumbent indicated interested in bidding for this ceiling increase. Based on the result of this market survey, it appears that awarding the proposed action to CSC to be the best course of action in meeting the required effort in the timeline needed to ensure adequate support for the technical and industrial services required by the NAWCWD. An exception to competition is being sought in this

Exception to Fair Opportunity is because of a critical need to provide a continuation of existing services in order to ensure NAWCWD’s ability to provide the warfighter the products/capabilities required to counter emerging threats.

9. Interested Sources: To date, no other sources have written to express an interest. This proposed action will not be synopsized on the Federal Business Opportunities Page in accordance with FAR 5.202(a)(6). In accordance with FAR 16.505(b)(2)(ii)(D), the justification shall be made publically available at the Government Wide Point of Entry (GPE) http://www.fedbizopps.gov.

10. Other Facts:

a. Procurement History:

Contract Number Contractor Award Date Extent

Competed/Authority

DAAB07-03-D-B007, T.O. 0203 CSC 24 June 2008 Competed under R22G

W15P7T-10-D-D410, T.O. 0005 CSC 29 Sept 2011 Competed under R23G

T.O. 0005 was competitively awarded to CSC on 29 September 2011 for a base period of twelve

(12) months with two (2) twelve-month option periods. The negotiated option periods were competed and evaluated at award, and have been exercised.

b. Acquisition Data Availability: The Government possesses a Performance Based Work

Statement.

c. Subcontracting Competition: FAR 52.244-5, Competition in Subcontracting, is included in

Contract Number W15P7T-10-D-D410, is currently being applied to T.O 0005, and will continue to be applied to the proposed action.

11. Technical Certification: I certify that the supporting data under my cognizance, which are included in this justification, are accurate and complete to the best of my knowledge and belief.

Michael Worden Date: ________________________

Program Lead

Signature: ____________________

12. Requirements Certification: I certify that the supporting data under my cognizance, which are included in this justification, are accurate and complete to the best of my knowledge and belief.

Melissa Midzor Date: ________________________

Project Director, ECSEL Branch Head Signature: _____________

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated price to the

Government for this contract action is fair and reasonable, based on an Independent Government

Cost Estimate, cost/price analysis, including the utilization of existing rates on the base R23G http://www.fedbizopps.gov/ contracts which were evaluated and awarded through full and open competition. Additionally, certified cost or pricing data will be obtained.

Ashley E. Keating Date: _______________________

Procuring Contracting Officer

Signature: ___________________

14. Contracting Officer Certification: The requirement herein described is a valid requirement of the activity named in paragraph 1 of this justification. The technical and requirements information contained in the justification represent the minimum needs of the Government. The only way to satisfy this requirement is by limiting completion as described herein. I certify that this justification is accurate and complete to the best of my knowledge and belief.

Ashley E. Keating Date: _______________________

Procuring Contracting Officer Signature: ___________________

APPROVAL

Based on the foregoing justification, I hereby approve the procurement of services in support of the Joint Electronic Warfare Effects Laboratory (JEWEL) at the Naval Air Warfare Center

Weapons Division (NAWCWD) proposed as a modification to increase ceiling on Task Order

0005 under the Indefinite Delivery Indefinite Quantity (IDIQ) Contract Number W15P7T-10-D-

D410 for an estimated amount of $ 2.85M. This action is authorized for an exception to fair opportunity pursuant to the authority of 10 U.S.C. § 2304c(b)(3) as implemented by FAR

16.505(b)(2)(i)( C), subject to the availability of funds, and provided that the services described herein 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, if any changes to the requirements, basis for the justification, market conditions or increases in the estimated value of the proposed action occur at any time, the Contracting Officer shall document these changes in a memorandum and obtain review/concurrence from the Special Advocate for Competition.

Date: _________________ Signature: _____________________________

Cynthia A. Jackson

Special Advocate for Competition