9021_J A_Redacted.pdf

Control No. JA 2013-12

JUSTIFICATION AND APPROVAL (J&A)

FOR EXCEPTION TO FAIR OPPORTUNITY

FORC4ISR Operational Management, Engineering and Technical Services II

(COMETS II)

Task Order 9021

Program/Equipment: United States Army Chief Information Officer Army Architecture C4IT Technical Services - W91260-08-D-0001-9021.

Amount: $ for the two month extension period.

Authority: 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 and FAR 52.217-8 “Extension of Services”.

Technical Representative Cml:

Date: _21 February 2013_ Email:

Requirements Representative: Cml:

Date: _21 February 2013_

Procuring Contracting Officer: Cml:

Date: _ 21 February 2013_

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

OSBP:

Signature: -

___ ___________________ Date: _______________________

DSN:

Legal Counsel:

Signature: _

_________________________ Date: 22 Feb 2013_

DSN:

CAMO Director Directorate C:

Signature:

Date: 22 February 2013

DSN:

JUSTIFICATION AND APPROVAL (J&A)

FOR EXCEPTION TO FAIR OPPORTUNITY

FOR

W91260-08-D-0001 (COMETS II)

Task Order 9021

JUSTIFICATION

INTRODUCTION. Fair opportunity exception justification in accordance with FAR 16.505(b)(2)(i)(A), 52.217-8, and, as prescribed in DFARS 216.505-70(b)(2), implementing the minimum requirements of DFARS PGI 216.505-70, “Content”, as follows:

I. IDENTIFICATION OF THE AGENCY, CONTRACTING ACTIVITY AND

JUSTIFICATION.

A. Agency: Headquarters Department of the Army (HQ DA) B. Contracting Activity: ACC-RSA-CCAM-CAC, Contracting Division C. Justification Type: The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

D. Authority: 10 U.S.C. 2304c(b)(1) and FAR 52.217-8 as implemented by

Federal Acquisition Regulation 16.505(b)(2)(i)(A)

II. NATURE AND/OR DESCRIPTION OF THE ACTION BEING PROCESSED.

Approval is requested for a two month extension to task order W91260-08-D-0001- 9021. The current task order was awarded on competitive basis to a small business Femme Corporation Incorporated (FCI) under the COMETS II multiple award, indefinite delivery/indefinite quantity (IDIQ). This is a four-year task order with a one-year Base Period and three (3) one-year Options. The current period of performance, under Option Period Three, for this task order expires on 28 February 2013. There is no further Option Period remaining to be exercised. FCI is a vendor within the pool of COMETS II multiple award IDIQ contract number W91260-08-D-0001.

Initially, the customer HQ DA provided notification that they intended to issue a follow-on Task Order (1301) at the same level of effort as Task Order 9021. Task Order 9021 required Contract Man-Year Equivalences (CMEs). However, due to DoD operating under a Continuing Resolution, funding constraints and the potential for sequestration, HQDA has determined the need to reduce the CMEs to

. It is not in the best interest of the Government to award Task Order 1301 at the current level of effort. HQDA CIO/G6 has determined the best course of action is to re-compete this requirement at a reduced level of support. In order to continue services while recompeting the requirement, a two month extension is necessary.

This extension of services will be Cost Plus Fixed Fee uti lizing $ of FY13 Operations and Maintenance (O&M) funds.

III. DESCRIPTION OF SUPPLIES/SERVICES REQUIRED TO MEET THE

AGENCY’S NEEDS.

The services are necessary in support of CIO/G-6 which provides Command, Control, Communications & Computers (C4) Information Technology (IT) Services.

These services provide planning, analytical, operational and technical services to the Headquarters, Department of the Army (HQDA) CIO/G6 C4IT Services.

Support services provided includes:

a. Managing, synchronizing, and integrating Army Architecture efforts, decision support through architecture, and Army wide Information Technology Network engineering and architectural responsibilities. Army Architecture Integration Center (AAIC) provides technical, engineering, and program services in the development of C4IT performance assessments for strategic, contingency, and tactical systems as part of the overall Army Enterprise Architecture efforts.

b. Planning, development and oversight or implementation of Architecture

Development Plans (ADP). Services include architecture development, assessment and integration; project planning and management; engineering analyses; process documentation and development; and resource planning and analysis.

c. Providing management and technical support to accelerate adoption of

Enterprise Infrastructure Management Best Practices across the Army.

d. Providing planning, policy, technical, analytical and management services to the CIO/G6 in the development, implementation oversight and management of the Army Net-Centric Data Strategy and the Establishment of the Chief Data Officer (CDO) construct in support of data transformation initiatives.

e. Implementing visualizing data associated with operational communications systems and DoD Architecture Framework (DoDAF) products. AAIC provides technical services dedicated to repurposing, visualizing, interacting with, and communicating architecture and related data. AAIC is part of a collaborative team on solving issues and tasks associated with DoD’s Visualization objectives

f. Designing and coordinating LandWarNet (LWR) 2020 Architectural planning management, technical acumen, policy development and process analysis for implementing AAIC strategy.

g. Providing policy, planning, operational, analytical, architectural, administrative, and technical services to the CIO/G6 LWR 2020 Architectural Network Integration Division. Within scope conduct and provide engineering, architecture, technical and integration analysis efforts to support the Army CIO/G6's positions on acquisition and implementation to make the LWR 2020 Net-centric, horizontally and vertically interoperable, investment strategy sound and operationally effective.

h. Providing critical technical, analytical, programmatic, and policy support to the

Army GNEC Synchronization Cell within the LWR 2020 Army Architectural Network Integration Division

IV. STATUTORY AUTHORITY.

The authority permitting award on other than a fair opportunity basis for this acquisition is IAW 10 U.S.C. 2304c (b)(1), Federal Acquisition Regulation 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 and FAR 52.217-8 “Extension of Services”.

Although FAR Clause 52.217-8 was included in the COMETS II basic contract, the value of the option was not included in the cost evaluation conducted prior to this task order contract award. In a GAO ruling dated 14 September 2009, if the value of the option was not included in the cost evaluation, a J&A is required before the option can be exercised.

Exercising the extension of services option clause stated above will provide continued support for the Army’s HQDA/CIO/G6 C4 IT Services. If the current requirement is not extended for the two month period, the HQDA CIO/G6 mission will be severely affected. During this time of funding constraints and fiscal uncertainty, the Government cannot compete a new requirement at the current level of support. This two month extension of services will allow time for HQ DA to develop and this contracting office to compete, a new de-scoped COMETS II task order.

Contract W91260-08-D-0001 (FCI) was awarded in September 2008 and task order 9021 was awarded 1 March 2009 with a one year Base Period and three one year Option Periods. Due to uncertainties that are creating budgetary challenges for the DoD and the potential for sequestration, the Government will not compete a follow-on task order at same level of effort on 9021. Originally, Task Order 9021 required Contract Man-Year Equivalences (CMEs), and due to budgetary challenges HQDA has determined the need to reduce the CMEs to . Due to the significant changes in the requirement and future needs, it has been determined that completion of this effort will be competed with fair opportunity under the COMETS II program. In order to meet the competitive follow-on of this requirement a two month extension is required.

FCI is providing services to CIO/G6 that is essential to the CIO/G6 Army Architecture Integration Center (AAIC) requirements. Market research indicates there are other companies with similar skills. However, continuity of services is required during the CIO/G6’s LWR 2020 transition schedule to prevent any mission impacts. The AAIC configuration is essential to the Government’s requirement and a break in service would cause unacceptable delays. The risk of competing this requirement in lieu of extending W91260-08-D-0001-9021 for two months for the purpose of competing a new task order could impact the deployment schedule. In addition, it would be neither cost effective nor realistic to expect another contractor to perform during the brief interim period.

V. EFFORTS TO OBTAIN COMPETITION.

Competition was pursued under the original task order Request for Task Order Proposal (RFTOP) under the COMETS II program. For the reasons discussed above, only one vendor is capable of delivering network engineers and architects during the time necessary to de-scope and recompete the HQDA requirement. The two month extension will prevent any unacceptable delays or disruptions in design and fielding.

Under the previous acquisition requirement, potential competitors were given fair opportunity to be considered for the original task order under the Army’s COMETS II multiple-award ID/IQ contract. The follow-on task order will be competed among all Small Business prime contractors under the COMETS II program.

VI. ORDERING ACTIVITY CONTRACTING OFFICER’S DETERMINATION

STATEMENT THAT THE ORDER/MODIFICATION REPRESENTS THE BEST

VALUE.

VII. DESCRIPTION OF MARKET RESEARCH CONDUCTED OR STATEMENT

OF THE REASONS MARKET RESEARCH WAS NOT CONDUCTED.

Market research was conducted on this task order award. Market research was performed specifically for this proposed period of performance extension. The incumbents will perform during the extension to avoid a lapse and disruption of service and is based on the immediate need for continuation of services. The Government will receive the same services and the task order will continue to be evaluated for its revised effort and fair and reasonable pricing.

VIII. OTHER FACTS.

a. Procurement History: Army Contracting Command Redstone (ACC-RSA) issued a Request for Proposal (RFP) on 17 February 2009 for Task Order 9021.

Proposals were due 24 February 2009, with an effective date of 1 March 2009.

LinQuest and STS chose not to propose, and FCI submitted their proposal on 24

February 2009. On 1 March 2009, ACC- RSA-CCAM-CAC awarded a four-year task order to FCI under Task Order number W91260-08-D-0001-9021.

b. The original Task Order estimated value for Option Period Three, FCI, was $ . The estimated cost for the two month extension is $ .

c. Acquisition Data Availability: N/A

d. Subcontracting Competition: FCI is currently subcontracting portions of this requirement to Camber, PEGi, and IFAS under Task Order 9021. It is anticipated that the new task order will provide for subcontracting opportunities as well.

IX. STATEMENT OF THE ACTIONS THE AGENCY WILL TAKE TO REMOVE OR

OVERCOME ANY BARRIERS THAT LED TO THE RESTRICTED

CONSIDERATION BEFORE ANY SUBSEQUENT ACQUISITION FOR THE

SERVICES IS MADE.

We anticipate the ability to promote competition by allowing time, via this extension, for the task order to be recompeted and a transition period for incumbent to train future contractors.

X. EVIDENCE THAT SUPPORTING DATA THAT IS THE RESPONSIBILITY OF

TECHNICAL OR REQUIREMENTS PERSONNEL WHICH FORM A BASIS OF

THIS JUSTIFICATION HAVE BEEN CERTIFIED AS COMPLETE AND

ACCURATE.

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: Date: __Feb 25, 2013______

Typed Name:

Title:

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: Date: ___Feb 25, 2013_____

Title:

XI. CONTRACTING OFFICER’S CERTIFICATION THAT THE JUSTIFICATION IS

ACCURATE AND COMPLETE TO THE BEST OF THE CONTRACTING

OFFICER’S KNOWLEDGE AND BELIEF.

I, the Contracting Officer, by affixing my signature below, hereby certify that this justification is accurate and complete to the best of my knowledge and belief. Based on the foregoing, I approve this extension justification subject to availability of funds, and provided that the services and supplies herein described have otherwise been authorized for Army Architecture C4IT Technical Services acquisition.

Based on the foregoing justification, I hereby approve the acquisition of an extension of services under Task Order W91260-08-D-0001-9001 for procurement of services in support of the core mission operations of the Architect Operations Network Services Service Support for Land War Network 2020 Information Systems for a two

(2) month period, in the amount of $ , on other than a fair opportunity basis pursuant to the authority of 10 U.S.C. 2304c(b)(3) and FAR 52.217-8 as implemented in FAR 16.505(b)(2)(A); provided that the services herein described have otherwise been authorized for acquisition.

Signature: _

________________________ _ Date: __21 February 2013__________

Title:

COMETS II Task Order 9021 was awarded to FCI on a competitive basis, LinQuest and STS chose not to propose. Based upon the technical evaluation and cost analysis performed, FCI’s proposal was determined to be the best value to the Government. FCI’s proposed costs were considered reasonable based on the evaluation factors set within the solicitation. The offeror’s proposed rates were determined to be fair and reasonable IAW FAR 15.403-1 at time of Task order award.

Once a revised proposal for this two month extension is received, a cost analysis will be performed. The proposal will be compared to historical labor costs from Task Order 9021, along with utilizing other available information to determine the anticipated cost is fair and reasonable. Historically, FCI has provided competitive proposals for COMETS II work. Pursuant to FAR 15.403-1(c)(1)(i), Certificate of Current Cost or Pricing Data is not required. The Contractor’s knowledge of the requirement will ensure the continuation of this critical support and prevent any degradation of the Government’s mission while the follow-on task order is being developed.