2020-12-18_FAR-Part16-EFOJ Final Version_Redacted.pdf

JUSTIFICATION REVIEW DOCUMENT

FAR PART 16 EXCEPTION TO FAIR OPPORTUNITY JUSTIFICATION

For Actions Exceeding the Simplified Acquisition Threshold (SAT)

Program/Equipment: GTACS II SATCOM Support Services after the fact EFOJ

Authority: 10 U.S.C. 2304c(b)(1) as implemented by FAR Part 16.505(b)(2)(i)(A) – The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

Amount:

Prepared by:

Contracting Officer:

Technical:

Requirements:

Reviews: I have reviewed this justification and find it adequate to support an exception to fair opportunity.

Program: Global Tactical Advanced Communication Systems (GTACS) II Global Field Service Representative (FSR) Support Services

Unclassified Information

FAR Part 16 Exception to Fair Opportunity Justification Under Multiple Award Indefinite Delivery Contracts

For Actions Exceeding the Simplified Acquisition Threshold (SAT)

1. Contracting Activity: U.S. Army Contracting Command-Aberdeen Proving Ground

(ACC-APG)

2. Description of Action:

An acquisition plan is not required because this procurement did not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i)(B).

3. Description of Supplies/Services: The Government required a five month (four month + 1 month option) bridge task order for Global Field Support Representative (FSR) services to cover a gap in coverage created by multiple protests of the recently awarded Global FSR follow-on task order. The bridge effort was for Global FSR services in support of communications for the Government, primarily for operability and sustainment of Tactical (1-6 meter) and Strategic (7-9 meter) antenna systems, such as the Deployable Ku Earth Terminal (DKET), Mobile DKET, Micro Very Small Aperture Terminal (mVSAT), VSAT, Inflatable Satellite Communications (SATCOM) Terminal (ISA) CJNCC NETOPS, Multinational Information Sharing (MNIS) Combined Enterprise Regional Information Exchange System (CENTRIXS), Coalition Partner Network-X (CPN-X), and Combined Joint Task Force (CJTF)-OIR AO-wide Network, but are not limited to only these terminals and support. The customers supported by this effort are Central Command (CENTCOM), Network Command (NETCOM), Air Force Central Command (AFCENT), Army Central Command (ARCENT), Navy Central Command (NAVCENT), Combined Joint Task Force-Horn of Africa (CJTF-HOA), Africa Command (AFRICOM), Pacific Command (PACOM), 8th Army, 1st Signal Brigade, Europe Command (EUCOM), Naval Computer and Telecommunications Area Master Station Atlantic (NCTAMS), United States Air Force Europe (USAFE), Marine Corps Systems

Command (MCSC), Marine Expeditionary Forces, (MEFs), Marine Expeditionary Units (MEUs), and support units within the respective Areas of Responsibility (AOs). These services may be rendered for use on other Command, Control, Communications (C3) systems and/or networks as required to meet operations. Support is Continental United States (CONUS), Outside Continental United States (OCONUS) and in OCONUS Southwest Asia (SWA).

4. Authority Cited: 10 U.S.C. 2304c(b)(1) as implemented by FAR 16.505(b)(2)(i)(A) – The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

5. Reason for Authority Cited:

The bridge task order was urgently required to support tactical and strategic SATCOM equipment around the world for Combatant Commands and NATO to include their critical network services that support Army, Air Force, Navy, and Marines operations. This support is providing direct support to US Military personnel currently engaged in day to day combat operations and will support upcoming Operations for the next 120-130 days.

If there is a break in service even for a day it will result in a loss of communications and support for not just US Military personnel, but also Homeland Security, and Intelligence Agencies. This would result in the loss of communications between soldiers in combat as well as the loss of communication between forward units and headquarters to request additional support and back up ground units. The inability to communicate effectively would lead to mission failure and put soldier’s lives in danger leading to loss of life.

There were no other alternatives. Due to the critical FSR support being provided in various AORs, operations could not be suspended and a break in service had to be avoided. The Government does not have the technical expertise provided by these FSRs to allow for continuous operation and maintenance support of communication equipment. Transferring the work to another contractor would cause unacceptable delays due to the transition in period that would be required. Loss of communication in these AORs would cause imminent danger and loss of life to the warfighter.

6. Actions to Increase Competition:

7. Market Research: No additional market research was conducted due to the urgent nature of this requirement. was performing the services at no risk to cost, quality, or schedule. No other contractor possess the capabilities to meet these ongoing requirements in the required timeframe and in an efficient and economical manner without causing unacceptable delays to the Government. Furthermore, current task order in this program negates the need for a transition-in period.

had the required boots on the ground to ensure that the Warfighter has the support to transmit and receive communications from the tip of the spear, to the Soldier at the frontlines.

8. Other Facts:

Method of Procurement: Unrestricted under the GTACS I MA IDIQ using Fair Opportunity procedures

Contract type: Cost Plus Fixed Fee and cost-no fee

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.

Signature:

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.

11. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action was fair and reasonable. This determination was made using the Independent Government Cost Estimate (IGCE) and agreed upon rates from the contractor. As part of this basis, certified cost or pricing data was not required in accordance with the exemption provided in FAR 15.403-1(b)(1):

when the contracting officer determines that prices agreed upon are based on adequate price competition.

12. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Approval

Date: