W56KJD-16-C-0003_J_A.pdf

Control No: 16-01

Contractor DRS Technical Services, Inc.

Service:

Version – August 2015

JUSTIFICATION REVIEW DOCUMENT

FAR PART 6 JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

Supply/Service:

Afghanistan requires the procurement of training in and the operation and maintenance support of the Ultra High Frequency (UHF) radio trunking communications system.

Authority: 10 U.S.C. 2304(c)(1) as implemented by FAR Part 6.302-1 -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements and 10 U.S.C 2304 (c)(2) as implemented by FAR Part 6.302-2, Unusual and Compelling Urgency.

Amount: The overall government price estimate for the 6 month base, 6 month option, and the 6 month extension under FAR clause 52.217-8, Option to Extend Services, if necessary, is $ . A breakout of the price is detailed below:

Base Period: 17 October 2015 – 16 April 2016 $ Option Period: 17 April 2016 – 16 October 2016 $ FAR 52.217-8 17 October 2016 – 16 April 2017 $

Prepared by:

Date:

Contracting Officer:

Deputy Chief, RCC-Qatar Date:

Technical: DSN:

Senior Advisor, MoI ICT Date:

Requirements: DSN:

Senior Advisor, MoI ICT Date:

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

Program Manager:

Typed Name:

DSN:

Signature: _______________________ Date: ____________________

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Legal Counsel:

Signature: ______________________________ Date: ____________________

Advocate for Competition:

Signature: ____________________ Date: ____________________

Principal Assistant Responsible for Contracting:

Signature: ____________________ Date: ____________________

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Department of Army FAR Part 6 Justification and Approval for Other than

Full and Open Competition

1. Contracting Activity: The contracting activity responsible for this action is the Expeditionary Contracting Command – Afghanistan, Regional Contracting Center – Qatar (ECC-A, RCC-Q).

2. Description of Action:

requests a sole source firm fixed price contract with DRS Technical Services, Inc. of 6170 Guardian Gateway, Suite 100, Aberdeen Proving Ground, Maryland 21005 . The Government projects award for October 2015 and fiscal year 2015 Afghanistan Security Forces Funds funds will be used.

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

3. Description of Supplies/Services: on behalf of the Afghanistan Ministry of Interior (MoI) requires a contractor that can provide supervision, personnel, equipment, tools, facilities, lodging, transportation, security, and other services necessary to perform training and operations and maintenance support of the Ultra High Frequency (UHF) radio trunking communications system for the Afghan National Police

(ANP).

The ultimate goal of this acquisition is to educate and equip the ANP to independently and successfully maintain and sustain the UHF radio trunking system, which will transition from the US Government to ANP within the next 6-12 months.

The overall government price estimate for the 6 month base, 6 month option, and the 6 month extension under FAR clause 52.217-8, Option to Extend Services, if necessary, is $ . A breakout of the price is detailed below:

Base Period: 17 October 2015 to 16 April 2016 Value:

Option Period: 17 April 2016 to 16 October 2016 Value:

FAR 52.217-8 Option 17 October 2016 to 16 April 2017 Value:

Total:

4. Authority Cited: 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements and 10 U.S.C. 2304(c)(2), as implemented by FAR 6.302-2, Unusual and Compelling Urgency.

5. Reason for Authority Cited: September 2007, CECOM Acquisition Center in Fort Monmouth, NJ issued DRS Technical Services Inc. a competitive, cost plus fixed fee delivery order (DO) DAAB07-03-D-B013/0100 for the design, build, and installation of a single UHF tower for 28 months for a total of $ . Immediately upon the conclusion of DO# 0100 in January 2011, letter contract W15P7T-11-C-B001 was issued

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Version – August 2015 and then definitized in the amount of $ for a 16 month completion of additional UHF towers. The last four months of this contract was used to provide a continuity of services when the award of the follow-on delivery order (DO) W15P7T-10- D-D416/0004 was protested and filed with GAO. During contract performance, DRS finalized the design, build, and installation of the UHF radio trunking system, while providing operations and maintenance of the system.

June 2012 after the GAO protest was resolved, the Army Contracting Command in Aberdeen Proving Ground, Maryland awarded a competitive, cost plus fixed fee delivery order (DO) W15P7T-10- D-D416/0004 to DRS Technical Services Inc. for support of the Afghan National Police C4ISR Fielding and Training requirement for a 12 month base and 2 one year options for a total of $ . Under DO#0004, DRS trained ANP technicians, and continued O&M support of the UHF radio trunking communications system. DO#0004, the current contract, will expire 16 October 2015.

The UHF radio trunking system established in 2007, is state of the art technology that is fully operational and plays a crucial role in the Afghan, Coalition Forces, and the US Warfighters’ mission security. The UHF system capability provides a trusted communications means for first and emergency responders, 24 hours per day, 7 days a week, and 365 days per year.

Because coordination capability must be reliable and unfailing, ensuring proper operational and maintenance efficiency of the UHF system, is a critical necessity.

Unfortunately, despite considerable training investments over the past few years, ANP operators remain unable to perform preventative and corrective maintenance on the

UHF radio trunking system. Further complicating this matter, the system’s equipment is now nearing the end of its life cycle, requiring more intensive care and higher level support maintenance. None of the identified technical skills are presently resident among the ANP communications representatives, who are organizationally charged with the day to day operations and maintenance support of the system.

ECC-A, RCC-Q conducted a Request for Information (RFI) 7-14 September 2015 requesting contractor responses regarding their corporate and past performance experience conducting training and operations and maintenance support of a UHF radio trunking system in Afghanistan. Three (3) responses were received, however, 2 of the 3 contractors demonstrated no corporate or past performance experience in providing UHF radio support services in Afghanistan and would not be able to meet the requirement even if they were given time to submit a proposal and mobilize personnel. DRS, as the incumbent, has a combined total of 21 years of UHF radio communications experience, including direct support to the UHF Trunking system. As a result of this finding, it was determined that only one responsible source and no other supplies or services would satisfy the agency’s requirement.

DRS, as the developer and sole operator of the UHF radio trunking system, possesses the unique and specialized skills, knowledge, and historical background to train ANP in the operations and maintenance of the UHF system. Most importantly, DRS

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Version – August 2015 has the experience, resources, and personnel in place to provide in-depth and comprehensive O&M training to ANP personnel before the transition from the US Government to ANP; which presents a greater likelihood of a seamless transition.

6. Efforts to Obtain Competition:

Because this is a sole source action, effective competition is not applicable.

Subcontracting competition will be achieved through the participation of three Tier 1 Afghanistan contractors and two Tier 3 United Arab Emirates contractors.

7. Actions to Increase Competition: Recent market research and prior procurement history clearly demonstrates that DRS is the only responsible source capable of satisfying the UHF requirement. Also, assuming for the sake of argument that another contractor could be found technically acceptable, the Contractor could not be reasonably fully staffed and cleared to provide the ongoing preventative and corrective maintenance and training services by 15 October 2015, because of, among other things, the critical transition time needed with DRS.

Notably, the Government anticipates the need of a 6-12 month firm fixed price contract.

While an effort to remove barriers in order to increase competition was pursued, ultimately DRS, as the sole developer and operator of the UHF system, is the only responsible source capable of transitioning the UHF radio trunking system and the intricate details of each operation and maintenance function from the US Government to ANP. Also, DRS has informed of their intention to utilize three Tier 1 Afghanistan contractors and two Tier 3 United Arab Emirates contractors in support of this requirement.

8. Market Research: In accordance with Defense Federal Acquisition Regulation Supplement (DFARS) 205.205-71, DFARS 206.302-1(d), and DFARS Procedures, Guidance and Information (PGI) 206.302-1(d), a Request for Information was posted to Federal Business Opportunities (FBO) and the Joint Contingency Contracting System (JCCS) on 7 September 2015 for 7 days and resulted in three (3) responses: DRS Technical Services, Inc.(DRS), . An assessment of each of the RFI responses found and technically incapable of performing the UHF requirement.

corporate experience demonstrates their ability to provide communication support of UHF infrastructure but does not mention any experience performing training and/or operations and maintenance (O&M) of a UHF system. Also, response fails to address their ability to recruit, hire, or clear personnel by 15 October 2015, thereby leaving the Government uncertain of their ability to achieve this highly critical milestone. Lastly, past performance reference is unacceptable in that it fails to provide a reference for same/similar work in scope and complexity to the UHF requirement. experience centered on the Symphony radio controlled improvised explosive device electronic warfare jammer system. The mobile system is used to counter the newer types of IEDs found on the battlefield. The IED

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Version – August 2015 jamming system does not demonstrate corporate experience performing O&M support to a UHF trunking system.

corporate experience fails to demonstrate any knowledge or experience with a UHF trunking system. Past experience designing, installing, and supporting a large fleet of mobile radios for a private security company in Iraq failed to address ability to perform operations & maintenance support on a UHF system. Further, offers their dedicated 24/7 support from an operations center in Dubai. Remote support is unacceptable since technicians must evaluate problems within 4 hours of reported emergency and the UHF system, to include the towers, are located in Afghanistan. Also, failed to address the availability of qualified IT personnel with previous experience in Afghanistan. Last but most notably, did not submit one past performance reference where it performed within the last 3 years as a Prime or Subcontractor O&M support on a UHF trunking system.

9. Interested Sources: Three companies provided written expressed interest in the UHF requirement: DRS Technical Services, Inc., . Preliminary technical information submitted by and in response to the FedBizOpps and JCCS’ Request for Information has been reviewed by the requiring activity who have advised that and does not appear to meet the requirements of the PWS.

10. Other Facts: DRS, while nearing the end of their final term under delivery order W15P7T-10- D-D416/0004, has begun to ramp down their UHF support level in .

Essential support such as lodging, workplace facilities, security, and transportation is being reassessed and downgraded in order to demobilize and depart by 16 October 2015, in accordance with the current contract expiration. To ensure there is no lapse in service, which will result in an interruption of UHF service and ANP mission capabilities, it is critical that DRS be allowed to continue providing ongoing operations and maintenance support of the UHF radio trunking system under other than full and open competition procedures.

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11. 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: _________________ ____________________________

Senior Advisor, MoI ICT

12. 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.

Senior Advisor, MoI ICT

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13. 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 made using price analysis, IGCE and the comparison of publicly published rates of same or similar services and labor categories.

As a part of this basis, certified cost or pricing data will not be required and the following exception applies (FAR 15.403): A commercial item is being acquired.

Contracting Officer

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

Contracting Officer

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Approval Based on the foregoing justification, I hereby approve the procurement of the training in and operation and maintenance support of the UHF radio trunking system on an other than full and open competition basis pursuant to the authority of 10 U.S.C.2304(c)(1) and 10 U.S.C.2304(c)(2) subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Date: 12 OCT 2015 Signature: _____________________________

Principal Assistant Responsible for Contracting