J__A_W15P7T-12-D-E004_KX02_Sensors_4Mo_Ext_Approved_13JAN17_-_Redacted.pdf

Control No: JA-E-17-185 Contractor: Lockheed Martin Integrated Systems, Inc (LMIS)

Supply/Service: Sensor System Software Sustainment Support

Justification for an Exception to Fair Opportunity

1. Contracting Activity: ACC-APG Division E (W56JSR), 6001 Combat Dr., APG, MD 21005

2. Description of Action: The Communications Electronics Command (CECOM) Software Engineering Center (SEC) Intelligence Electronic Warfare & Sensors (IEWS), Terrestrial Sensor Branch (TSB) request a Cost-Plus-Fixed-Fee (CPFF) Term extension Task Order W15P7T-12-D-E004 KX02 to Lockheed Martin Integrated Systems, Inc (LMIS), 3000 LINCOLN DR E, MARLTON, NJ 08053- 1500. The Government projects award for 16 February 2017 and FY17 Operation and Maintenance, Army (OMA) funds will be used. . The purpose of this modification is to increase the estimated cost of the existing task order extension period by $681,267.00. This action is to extend the Period of Performance (PoP) by four (4) months from 30 January 2017 to 29 May 2017. The four (4) month extension is requested to enable the Government to continue daily operations of the Sensors Support requirements.

3. Description of Supplies/Services: This modification will provide continuous support services which consist of Sensor Branch engineering, software and sustainment support for assigned signal intelligence, persistent surveillance and reconnaissance, mine and improvised explosive device detection systems. The Sensors Support Task Order provides support to PPSS, PDSS and non-PPSS/PDSS in relation to US Army Air and Ground Sensors. The Sensors Software Support effort is currently providing PPSS to the Second Generation Forward-Looking Infrared System (SGF), and Long Range Advanced Scout Surveillance System (LRAS3) systems. Sensors Software Support provides software baseline development, Information Assurance Vulnerability Alert (IAVA) patches, Certification & Accreditation (C&A), source code manipulation, software testing, software simulation, system integration, software release, and dissemination for the above listed systems.

4. Authority Cited: 10 U.S.C. 2304c(b)(1) as implemented by Federal Acquisition Regulation (FAR) section 16.505(b)(2)(i)(A) – The order will be issued on a sole-source basis as the need for the services is so urgent that providing a fair opportunity would result in unacceptable delays.

5. Reason for Authority Cited: The extension modification is required to maintain continuity of essential services provided under the current Sensors System Software Sustainment Support Task Order W15P7T-12-D-E004 KX02 until the re-compete SSS solicitation SSESR-2076 is awarded. Due to unforeseen pre-award delays, including substantial questions from industry and requests for extensions during the solicitation period which substantially extended the proposal period, the re-compete Task Order will not be awarded before the current Task Order expires on 30 January 2017. Having not received SSESR-2076 proposals until 15 November 2016 due the aforementioned delays, the Government anticipates award of the SSS re-compete on or about 16 March 2017. After award, if the incumbent does not win the contract, there is a requirement for a 60-day transition period to ensure no interruption of services for this critical mission. Failure to provide continuous service would severely impact the Soldier’s ability to access up-to-date enemy threats data for ground protection; to conduct long-range reconnaissance and surveillance to identify new threats, targets and to provide surveillance on the battlefield; and to detect and neutralize improvised explosive devices (IED) and landmines.

The benefits of this extension ultimately lead to continued high levels of Information Assurance (IA) posture and capabilities that reduce and/or eliminate loss of life and equipment.

Lockheed Martin Integrated Systems, Inc, is currently performing Sensors Software Support Services under competitively awarded Task Order W15P7T-12-D-E004 KX02 and has the necessary manpower, skills and abilities to perform the tasks required within the required schedule. It is anticipated that it will take two (2) months to complete the follow-on competition and 60 additional days to fully transition all tasks. Based on the circumstances described, LMIS is the only contractor that can reasonably and realistically provide the required urgent services without a severe interruption of the critical mission.

Transferring responsibility to another contractor at this time would cause an unacceptable delay, based on

Supply/Service: Sensor System Software Sustainment Support the need for a 60-day phase-in and phase-out period and to complete the already in-progress fair opportunity competition for the follow-on task order.

6. Actions to Increase Competition: The follow-on effort allows Sensors Branch to leverage industry best practices and up to date technological advantages to enhance and/or modify software to ensure safety and security of Government personnel. Services provided under this task order assist Terrestrial Sensor Branch in meeting PPSS/PDSS requirements to field accredited software releases that provide fielded systems with up to date Information Assurance Vulnerability Alert (IAVA) patches and improved capabilities. SSESR-2076 was solicited on a fair opportunity basis under solicitation SSESR- 2076 to all of the multiple award contract holders. Six (6) proposals were received on 15 November 2016, and are currently under evaluation. Barring unexpected delays, the Government intends to be ready to award the follow-on task order on or about 16 March 2017.

7. Market Research: On 29 July 2016, the ACC-APG Contracting Officer performed market research.

During the market research assessment, sources under the NexGen IDIQ contracts were considered since all of the firms under the NexGen multiple award contracts have been deemed capable to perform the required services under the base contracts. It would not be possible for any other source to provide the contractual 60-day phase-in and phase-out period and to complete the already-in-progress fair opportunity task order without a break in service. Additionally, the NexGen contract under Performance Work Statement Paragraph (PWS) 3.2.1.9 “Phase In and Phase Out” requires a 60-day phase-in and phase-out period for cases when incumbent contractor does not win the follow-on effort. This phase-in and phase-out period allows the prior contractor to brief and train the incoming contractor on current on-going projects and procedures and allows the incoming contractor to observe the current projects and procedures to ensure a seamless transition from one contractor to the next.

In accordance with FAR Part 10, the Government constantly surveys the marketplace through conferences, web searches, contractor capabilities reviews and the like. Prior to the initiation of the request to exercise this option, all primary Government stakeholders were queried. There have been no significant market changes or economic indicators that either affect price or the requirement itself. Based on this market research, the exercising of this option is the most advantageous method of fulfilling the Government’s need, with regards to price, efficiency, past-performance and experience.

8. Other Facts:

Procurement History:

Task Order: W15P7T-12-D-E004 KX02 Contractor: Lockheed Martin Integrated Systems, Inc (LMIS) Award Date: 31 July 2014 Period of Performance 31 July 2014 through 30 July 2016 Competitive Status: Large Business Performing in U.S.

90 Day Extension (1): 30 July 2016 – 29 October 2016 (IAW FAR 52.217-8 Option to Extend Services) 90 Day Extension (2): 30 October 2016 – 29 January 2017 (FAR 52.217-8 Option to Extend Services)

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

Date: _________7 December, 2016 _____________________________ Michael Nguyen Project Lead, Sensors & Mission Equipment Div

Supply/Service: Sensor System Software Sustainment Support

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

Date: ___________7 December 2016 ________________

_____________ Hassan Azzam Chief, Sensors Branch

11. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable.

This determination will be based on cost/price analysis, comparison to the IGCE, and negotiation.

As a part of this basis, certified cost or pricing data:

will be required.

will not be required and the following exception applies (FAR 15.403):

Prices that will be agreed upon are based on adequate price competition.

Prices that were established during the original competition that are not subject to negotiation.

Prices that will be agreed upon are based on prices set by law or regulation.

A commercial item is being acquired.

A waiver has been granted by the head of the contracting activity (HCA) in accordance with

DFARS PGI 215.403-1.

The contract action is a modification to a contract or subcontract for commercial item(s).

The estimated cost of the contract action is less than the threshold for certified cost or pricing data.

Date: ____________________ Anh Pena Contracting Officer

12. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief. The Contracting Officer signature at this paragraph is an approval.

Date: ____________________ Anh Pena Contracting Officer anh.h.pena Typewritten Text anh.h.pena Typewritten Text 13 January 2017 anh.h.pena Typewritten Text 13 January 2017