W91260-08-D-0001-9003JARedacted.pdf

FOR OFFICIAL USE ONLY Control No. 2013-04

EXCEPTION TO FAIR OPPORTUNITY JUSTIFICATION

Program/Service/Equipment: Command, Control, Communications, Computers, Intelligence, Surveillance and Reconnaissance C4ISR Operational Management, Engineering and Technical Services II (COMETS II) - W91260-08-D-0001 Femme Comp Inc. (FCI), Task Order 9003.

Authority: Title 10 U.S.C. 2304c(b)(3) and FAR 16.505(b)(2)(i)(C)Amount:$ Logical Follow-on Exception to Fair Opportunity

Prepared by: Date: 12 Sept 2013

DSN:

PCO: Date: 12 Sept 2013

Technical/Requirements: Date: 12 Sept 2013

Reviews: I have reviewed this J&A and find the justification adequate to support a logical follow-on exception to fair opportunity.

OSBP:

Signature: _

E-Signed by SASAKI.BRYAN.A.1167750865

__ ______________________ Date: _______17 Sep 2013______

DSN:

Legal Counsel:

Signature:

__________________________ Date: 13 Sep 2013

DSN:

ACC-RSA-CCAM-CAC Director Directorate C:

Signature: _

_________________________ Date: 18 September 2013

Source Select ion Informat ion See FAR 2.101 and 3.104

EXCEPTION TO FAIR OPPORTUNITY JUSTIFICATION

FOR

COMMAND, CONTROL, COMMUNICATIONS, COMPUTERS, INTELLIGENCE, AND

RECONNAISSANCE C4ISR OPERATIONAL MANAGEMENT, ENGINEERING AND

TECHNICAL SERVICES II (COMETS II)

TASK ORDER 9003

1. Contracting Activity:

Department of the Army, Army Contracting Command – Redstone, ACC-RSA- CCAM-CAC, Peterson AFB, CO, 80914-4914.

2. Description of Action:

Approval is requested to do a modification for a five month extension to Task Order W91260-08-D-0001-9003 in accordance with FAR 52.217-8, Option to Extend Services. The current ceiling on the Task Order is $ , which includes the Base Period and the Four One year Option Periods. This extension of services will result in an increase in the Task Order cei ling value. The current Task Order was awarded on a competitive basis to a small business, Femme Corporation Incorporated (FCI), under the COMETS II multiple award, indefinite delivery/indefinite quantity (IDIQ) contract. This is a five year Task Order with a one-year Base Period and four one-year Option Periods. The current period of performance, under Option Period Four, for this Task Order expires on 29 September 2013.

This extension of services will be Cost-Plus-Fixed-Fee utilizing of FY13 and FY14 Operations and Maintenance (O&M) funds and $ in FY13 Other Procurement (OPA) funds. The OPA funds will only be used for Subtask 9. Subtask 9 supports of Army Corps of Engineers Support that procure capital assets (systems and equipment) for the WSOC modernization at Fort Meade.

3. Description of Supplies/Services:

The primary purpose of Task Order 9003 is to provide scientific, engineering, technical, and analytical support and services to the USASMDC/ARSTRAT G-6, SATCOM Division and Consolidated Wideband (CWB), Wideband Global SATCOM (WGS), Global Broadcast Service (GBS), and Mobile User Objective System (MUOS) SSEs. The contractor will also support the G-6 in performing work related to USASMDC/ARSTRAT’s designation as Army Service Component Command (ASCC) and USASMDC/ARSTRAT’s responsibilities and duties associated with Australian Integrated Operations. Support and services shall include meeting attendance, conference attendance, document reviews, document development, position paper development, technical paper development, procedure development, operational tool development, technical analyses, engineering analyses, operational analyses, modeling and simulation support, multimedia support, and quick response support. The contractor shall assess and evaluate SATCOM planning, management, and control concepts and methodology and make recommendations for the evolution of the Space, Control, and Terminal Segments for varied SATCOM systems. Work on this Task Order includes support to the USASMDC/ARSTRAT SATCOM Support Centers (SSCs) and Wideband SATCOM Operations Centers (WSOCs) whose missions are supported by the Wideband SATCOM Operational Management System (WSOMS) and Objective Defense Satellite Communications System (DSCS) Operations Control System (ODOCS) tools and control systems. This work also includes support for the Contingency DSCS Operations Control System (CDOCS) and support for certification of Earth Terminals (ETs) operating over Wideband and Narrowband SATCOM. Assessments, studies, and analyses done in support of this Task Order will encompass actual, proposed, future, or hypothetical systems, models, requirements, and missions. In addition, work on this Task Order will require the contractor to provide support to the USASMDC/ARSTRAT Designated Approving Authority (DAA) and USASMDC/ARSTRAT Information Assurance (IA) user representative duties and responsibilities.

The requirements for this extension remain unchanged from the original Task Order award. This Task Order supports the Satellite Communications (SATCOM) System Expert (SSE) Support and Services.

Exercising the extension of services option clause stated above will provide continued support for the SMDC G6 SATCOM and SSE Services. If the current requirement is not extended for the five month period, the G6 mission will be severely affected. By extending the Task Order for five months it will allow the G6 to convert six positions into civi lian positions without a break in service. The Period of Performance will be from 30 September 2013 through 27 February 2014. The estimated dollar value for the extension is $ , and the total hours is

. Also, it will incorporate up to $ for ODC purchases to complete the WSOC modernization at Fort Meade, and $ . in estimated Travel cost.

4. Authority Cited:

The authority permitting a modification on other than a fair opportunity basis for this acquisition is 10.U.S.C. 2304c (b)(3) as implemented by Federal Acquisition Regulation 16.505(b)(2)(i)(C), Logical Follow-on Exception to Fair Opportunity 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 at contract award. In a Government Accountability Office ruling, dated 14 September 2009, if the value of the option was not included in the original cost evaluation, a J&A is required before the option can be exercised.

5. Reason for Authority Cited:

The services from Femme Comp Inc., 14170 Newbrook Dr., Suite 100 Chantilly, VA 20151, Cage Code: 5V628 are necessary in support of G6. At the time of Task Order award, the customer, USASMDC/ARSTRAT, intended to conduct services provided by this contract via contractors on COMETS II and successor contracts, and awarded work for a One year Base Period with Four One-year Option Periods on Task Order 9003. Subsequent to Task Order 9003 award, the Army began extensive Department of the Army Civilian (DAC) conversion discussions and budget reductions resulting in hiring of DACs in place of contractor employees on Task Order 9003 and ultimately eliminating all Task Order funding for efforts on this vehicle. The customer received the last DAC conversion approval on 20 August 13 and subsequently began making plans to continue contractor support only long enough to enable DAC hiring actions to be completed, preventing loss of critical services during the transition. Since these remaining conversions are anticipated to take place no later than February 2014, the customer determined that it was not in the Government’s best interests to recompete this requirement, and instead requested an extension to the current Task Order with the understanding that as the DAC conversions take place, the Task Order will be descoped to reflect the decrease in contractor support.

Pursuant to FAR 16.505(b)(2)(i)(C), this modification (to exercise the FAR 52.217-8 Option Clause) will be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to Task Order 9003 already issued under the COMETS II contract. All three potential awardees, FCI, LinQuest Corporation (LinQuest) and Summit Technical Solutions (STS), were given a fair opportunity to be considered for the original order, when Task Order 9003 was competed under the COMETS II Contract as an awardable Task Order during the Source Selection. FCI is currently performing under this Task Order. The time required to recompete this requirement and bring another contractor on board would cause unacceptable delays and have severe negative effect on the missions of USASMDC/ARSTRAT CIO/G6. Also, increase ODC ceiling in support of SATCOM Facility Modernization are required to complete the MOC modernization at Fort Meade. If the schedule is not extended to complete the facility, then the warfighters will not have an Operation Center to operate in. Further, taking no action and thereby creating a gap in service, would negatively impact USASMDC/ARSTRAT CIO/G6’s ability to accomplish their missions. Thus, it is in the interest of economy and efficiency that FCI be allowed to continue this effort.

Optimizing Satellite Communications (SATCOM) capabilities is the significant focus of these contracts and ongoing modernization efforts and increasing USASMDC/ARSTRAT CIO/G6 leadership responsibilities require uninterrupted contractor support to accomplish USSTRATCOM directed missions as SATCOM System Expert for tens of billions of dollars of deployed and deploying SATCOM space, control, and user segment equipment and operations. Support encompasses both military and commercial satellite communication systems, to include existing operational satellites, telemetry, tracking, data transfer, and command systems, and user equipment, as well as systems being proposed for development, upgrades, and modifications.

Failure to extend this Task Order impacts USASMDC/ARSTRAT’s ability to perform 24/7 SATCOM planning and management in support of USPACOM, USNORTHCOM, USTRANSCOM, USSTRATCOM, White House Communications Agency (WHCA), Joint Staff, National Users, Canada, Australia, and New Zealand as assigned by USSTRATCOM in OPORD 13-01, Operation Olympic Defender (OOD), and SI 714-3. The risk of competing this requirement in lieu of extending W91260-08-D-0001-9003 for five months could impact mission critical requirements.

Work is performed in Hawaii and Germany, and requires relocation cost. It is more cost effective to keep the current personal in each location until the conversion is complete. In addition, it would be neither cost effective nor realistic to expect another contractor to perform during the brief interim period, as convincing qualified new employees to accept work for a task that is known to be ending in 2-6 months would be extremely hard for contractor to do; professional employees with needed skill sets are rare and are unlikely to accept work for such an uncertain period with a guarantee not to exceed five months, in any case. Therefore, an extension to the current COMETS II Task Order 9003 is the only reasonable approach to retaining needed skills and facilitates transition to Government civilian employees.

6. Efforts to Obtain Competition:

In accordance with FAR 5.202(a)(6), orders under FAR 16.5 are not required to be synopsized. 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 24/7 SATCOM planning and management support during the time necessary to complete the pending DAC conversions. The five-month extension will prevent any unacceptable delays or disruptions in support. 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.

7. Actions to Increase Competition:

The SATCOM support requirement was originally competed and awarded to FCI as outlined below. In order to successfully provide the current level of support, potential competitors would have to acquire, duplicate, or subcontract a significant portion of the requirement in an effort to develop a working knowledge of the requirement.

Due to the fact this work is being in-sourced by the Government, as directed by the Assistant Secretary of the Army (Manpower and Reserve Affairs) in 20 August 2013 memo to USSMDC/ARSTRAT Commanding General (attached), no additional acquisitions of these services are anticipated and no attempts to increase future competitions are being made.

8. Market Research:

The market research for this requirement was performed in accordance with FAR Part 10. Market research was conducted during the COMETS II acquisition in 2008 at the contract level. The determination was made that COMETS II was non-commercial and did not utilize FAR Part 12. All Task Orders, including Task Order 9003, are non-commercial. Personal knowledge of the market place shows this type of work is still considered non-commercial. Market research was not performed specifically for this proposed period of performance extension. The Government will receive the same services under the current Task Order. The market research techniques that are cited in MRR-CD#132293 are Personal Knowledge in procuring services of this type of work, contact with Mr. Dave McAdam who is a knowledgeable person in the Government regarding the non-commercial nature of the required services, review of market research conducted in July of 2008 when COMETS II was being competed, and the J&A will be posted in FedBizOpps within 14 days after the issuance of the modification.

9. Interested Sources:

In accordance with FAR 6.305(a), a redacted J&A will be posted on the Federal Business Opportunities website within 14 days of execution of the resultant contract modifications. Synopsis will include message that work has been in-sourced and is not expected to be purchased via contract, again. To date, no other sources have written to express an interest. Any bids or proposals received shall be considered.

10. Other Facts:

Procurement History: The following represents the procurement history of the SATCOM Division and Consolidated Wideband (CWB), Wideband Global SATCOM (WGS), Global Broadcast Service (GBS), and Mobile User Objective System (MUOS) SSEs:

COMETS I Task Order Contractors Award Date Task Order Value

DASG62-03-D-0006-7026

FCI 30 Sep 2007

DASG62-03-D-0006-7027

DASG62-03-D-0006-7028

DASG62-03-D-0006-7029

DASG62-03-D-0005-7030

LinQuest 30 Sep 2007

Each of the above Task Orders was competitively awarded in 2007, with all five based on full-and-open competition with a 100% small business reservation. When the COMETS II contract was being competed, the G6 agreed to combined all five effort into one Task Order and compete it as an awardable Task Order during the competition of COMETS II. Task Order 9003 is the Task Order that combined all of the G6 requirements.

Competitive Status of These Actions: In 2008, C4ISR Operational Management, Engineering and Technical Services II (COMETS II) was competed and awarded in September 2008. Three contracts were awarded under this IDIQ, CPFF acquisition.

Task Order 9003 was one of the awardable Task Order evaluated and awarded at COMETS II award. The Task Order had a one year Base Period with Four One-year Option Periods. Army Contracting Command Redstone (ACC-RSA) issued a Request for Task Order Proposal (RFTOP) in June 2008 for Task Order 9003 under COMETS II as one of three awardable Task Orders. The RFTOP was released to all three COMETS II Contractors (FCI, LinQuest and Summit Technical Services) with suspense for proposals in July 2008 and all three contractors submitted proposals. In September 2008, ACC- RSA-CCAM-CAC awarded a one-year Base Period and four one-year Task Order Option Periods to FCI under Task Order number W91260-08-D-0001-9003.

Prior to addition of this work, the Task Order had a ceiling value of $ , including Base Period and four Option Periods. The estimated cost for the five-month extension is $ .

Prior Sources not Solicited: Additional competition beyond the COMETS II IDIQ arrangement is not currently being sought due to completion of in-sourcing, funding reductions, and imminent discontinuation of this work.

Authority Previously Used for Less than Full and Open Competition: COMETS II was originally competed in 2008. No previous Authority was required for Less than Full and Open Competition for TO 9003. This is the first and final request since COMETS II is restricted to the five-year statutory limitation on Assistance and Advisory Services (A&AS) and FAR 16.505(c)(3) allows the Contracting Officer to extend the contract on a sole-source basis only once for a period not exceed six months.

Unusual Patterns: There are no identifiable unusual patterns to Task Order 9003 under the COMETS II contract. There has been no prior J&A request for Task Order 9003 under COMETS II.

Acquisition Data Availability: The extension will be provided to FCI by Modification number 29 to Task Order 9003. Performance Work Statement Revision 12 will be incorporated under separate cover to the modification. The Performance Work Statement does not change the scope of the Task Order; it will only add the extension from 30 September 2013 through 27 February 2014.

Subcontracting Competition: FCI is currently subcontracting the modernization portion of this requirement under Task Order 9003. It is anticipated that the extension will include the same subcontracting opportunities as it did in Option Period Four. FCI is a small business which requires no subcontracting plan.

However, all applicable FAR and DFARS subcontracting clauses, to include FAR 52.244-5, Competition in Subcontracting, are included in the basic contract.

11. Technical/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.

Signature:

_________________________ _ Date: 19 September 2013 Typed Name:

Title: Division Chief, C4 Plans & Program, SMDC/ARSTRAT G6

12. Fair and Reasonable Cost Determination:

“I hereby determine that the anticipated cost or price for all resultant Task Order actions is fair and reasonable. This determination is based on the use of cost and/or price analysis performed on the initial Task Order award. In accordance with FAR 52.217-8, Option to Extend Services the government may require continued performance of any services within the limits and at the rates specified in the contract. Certified cost or pricing data will not be obtained and relied upon to the individual Task Order action, in accordance with FAR 15.403-1(b)(1). The prices agreed upon were based on adequate competition at the award of Task Order 9003.

13. Contracting Officer Certification:

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.

Signature:

________________________ _ Date: 12 September 2013 Typed Name:

Title: Contracting Officer, ACC-RSA-CCAM-CAC