W91260-08-D-0002-1203JA_Redacted.pdf

FOR OFFICIAL USE ONLY Control No. JA2014-01

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-0002 LinQuest, Task Order 1203.

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: 1 Nov 2013 Contract Specialist DSN:

PCO: Date: 1 Nov 2013 Contracting Officer DSN:

Technical/Requirements: Date: 1Nov 2013 Contracting Officer’s Representative DSN:

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

OSBP:

Signature: _

__ ______________________ Date: 13 Nov 2013

DSN:

Legal Counsel:

Signature:

__________________________ Date: 8 Nov 2013

DSN:

ACC-RSA-CCAM-CAC Director Directorate C:

Signature: _

_________________________ Date: 14 Nov 2013

DSN:

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 1203

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 execute a modification for a three and a half month extension to Task Order W91260-08-D-0002-1203 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 a one year Option Period. The current Task Order was awarded on a competitive basis to a small business, LinQuest Corporation (LinQuest), under the COMETS II multiple award, indefinite delivery/indefinite quantity (IDIQ) contract. This is a two year Task Order with a one-year Base Period and a one-year Option Period. The current period of performance, under Option Period One, for this Task Order expires on 15 November 2013.

This extension of services will be Cost-Plus-Fixed-Fee utilizing of FY14 Operations and Maintenance (O&M) funds for the entire value of the three and a half month extension period. In accordance with the Continuing Resolution Authority (CRA) for FY14 enacted on October 17, 2013, as well as applicable CRA guidance, contractor performance under this action that is funded under the FY14 CR shall be at no more than last year's rate, subject to availability of funds.

3. Description of Supplies/Services:

The primary purpose of Task Order 1203 is to provide advisory and assistance services in support of the Defense Information System Network (DISN) Global Information Grid (GIG) Flag Panel and its Secretariat by providing research, Information Assurance (IA)/Security analysis and Principal Accrediting Authorities (PAA) support. Specifically, the contractor shall provide information assurance guidance to PAAs, Component Head representatives, Designated Approving Authorities, Program and Project Managers of DOD information systems. The contractor shall review and provide recommended C2 IA security guidance to CJCS regarding DOD instructions, notices, memoranda, guidebooks et.al. The contractor shall support analyzing security details of systems, assist with developing and publishing security processes, and produce official records from formal IA meetings.

The contractor shall recommend approaches for improving information assurance by developing planning products to explain the concepts, staffing the concepts to gain approval, and suggesting operations to generate effects against the enemy. The contractor shall use current doctrine, publications, and coordination methods with other responsible organizations involved with USSTRATCOM as a basis for planning and support. The contractor shall provide related administrative support to the DISN Flag Panel Chair, by preparing agendas, minutes, communicating and arranging meetings with Panel members, technical advisors, other DOD components and other senior level panel attendees. The contractor shall attend relevant Government meetings as required in support of analyzing and planning for the Government (both on- and off-site), e.g., Chair preparation, working group, council, technical exchange meetings and other meetings that provide benefit to the Government.

Contractor personnel shall assist with posting, editing, and maintaining appropriate content on the DISN GIG Flag Panel’s websites/ portals/ collaborative tools in support of the global planning mission.

The requirements for this extension remain unchanged from the original Task Order award.

Exercising the extension of services option clause stated above will provide continued mission critical support to USTRATCOM/USCYBERCOM. If the current requirement is not extended for the three and a half month period, the mission will be severely affected. Due to the budget uncertainties, USSTRATCOM could not provide funds in time to compete their Follow-on Services. The customer, provided an assurance of funds in the Statement of Need MFR provided on 31 October 2013. Extending the Task Order three and a half months provides continuation of mission critical services. During this time, the acquisition team will prepare the appropriate documents to put in place a follow on task order under SMDIS III. The Period of Performance for the extension will be 16 November 2013 to 27 February 2014 with an estimate dollar value of , and total hours of

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 LinQuest Corporation, 6701 Center Dr W, Suite 425 Los Angeles, CA 90045, Cage Code: 3MZU6 are necessary in support of USSTRATCOM. At the time of Task Order award, the customer, CYBERCOM J8, 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 and a One-year Option Period on Task Order 1203. Due to uncertainties that are creating budgetary challenges for DoD and the sequestration, the Government cannot compete a follow-on Task Order in time.

Pursuant to FAR 16.505(b)(2)(i)(C), this modification (to exercise the FAR 52.217-8 Option to Extend Services 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 1203 already issued under the COMETS II contract. All three potential awardees, FCI, LinQuest and Summit Technical Solutions (STS), were given a fair opportunity to be considered for the original order, when Task Order 1203 was competed under the COMETS II Contract in November of 2011. LinQuest is currently performing under this Task Order. The time required to re-compete this requirement and bring another contractor on board would cause unacceptable delays and have severe negative effect on the missions of USSTRATCOM. Further, taking no action and thereby creating a gap in service, would negatively impact USSTRATCOM’s ability to accomplish their missions. Thus, it is in the interest of economy and efficiency that LinQuest be allowed to continue this effort.

Failure to extend this Task Order will impact USSTRATCOM’s ability to provide advisory and assistance services in support of the DISN GIG Flag Panel and its Secretariat in the form of research, IA/Security analysis and PAA support. The risk of competing this requirement in lieu of extending W91260-08-D-0002-1203 for three and a half months could impact mission critical requirements. The current place of performance is Fort Meade Maryland. It would be neither cost effective nor realistic to expect another contractor to perform during this brief interim period; professional service employees with the needed skill sets to accomplish these requirements are rare and unlikely to accept work for such an uncertain period guaranteed not to exceed three and a half months. Therefore, an extension to the current COMETS II Task Order 1203 is the only reasonable approach to retaining the needed skills.

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 providing support for the DISN GIG

Flag Panel services for USSTRATCOM in such a short notice. The three and a half-month extension will prevent any unacceptable delays or disruptions in support.

Under the previous acquisition, 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 USSTRATCOM support requirement was originally competed and awarded to LinQuest 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. Current competition is being coordinated through the SMDIS III Source Selection.

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 1203, 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. who is a knowledgeable person in the Government regarding the technical 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 ASFI 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. Any bids or proposals received shall be considered.

10. Other Facts:

Procurement History: There is no procurement history of the USSTRATCOM Service. This was a new effort for USSTRACOM, and was competed and awarded to LinQuest on 15 November 2011. Task Order 1203 was based on full-and-open competition with a 100% small business reservation.

Competitive Status of This Action: 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.

The Task Order had a one year Base Period with a One-year Option Period. Army Contracting Command Redstone (ACC-RSA) issued a Request for Task Order Proposal (RFTOP) on 30 September 2011 for Task Order 1203 under COMETS II.

The RFTOP was released to all three COMETS II Contractors (FCI, LinQuest and Summit Technical Services) with suspense for proposals on 31 October 2011 and only LinQuest and Femme Comp Inc (FCI) submitted proposals. In November 2011, ACC- RSA-CCAM-CAC awarded a one-year Base Period and a one-year Task Order Option Period to LinQuest under Task Order number W91260-08-D-0002- 1203.

The original estimated value of Task Order 1203 is , including Base Period and Option Period. The estimated cost for the three and a half-month extension is .

Prior Sources not Solicited: Additional competition beyond the COMETS II IDIQ arrangement is not currently being sought due to COMET II ending, funding reductions, and imminent discontinuation of this work. Any follow on work after the new Task Order ends will be solicited on the new SMDIS III contract.

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 1203. 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 three and a half months.

Unusual Patterns: There are no identifiable unusual patterns to Task Order 1203 under the COMETS II contract. There has been no prior J&A request for Task Order 1203 under COMETS II.

Acquisition Data Availability: The extension will be provided to LinQuest by Modification number 10 to Task Order 1203. Performance Work Statement Revision 1 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 15 November 2013 through 27 February 2014.

Subcontracting Competition: LinQuest is currently subcontracting part of the requirement under Task Order 1203 to Zel Technologies. It is anticipated that the extension will include the same subcontracting opportunities as it did in Option Period. LinQuest 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.

_________________________ _ Date: 14 Nov 13

Typed Name:

Title: Contracting Officer’s Representative, SMDC/ARSTRAT G6-ISP

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 1203.

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.

________________________ _ Date: 13 November 2013

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

APPROVAL

Based on the foregoing justification, I hereby approve the acquisition of an extension of services under Task Order W91260-08-D-0002-1203 for procurement of services in support of Communications USSTRATCOM and Services for a three and a half (3 1\2) month period, in the amount of $ for the period of 15 November 2013 through 27 February 2014. This approval is issued on an other than full and open competition basis pursuant to the authority of FAR 52.217-8 and 10 U.S.C. 2304c(b)(3) as implemented by FAR 16.505(b)(2)(i)(C), subject to the availability of funds, and provided that the services herein described have otherwise been authorized for acquisition. The extension is granted to LinQuest Corporation 6701 Center Dr W, Suite 425 Los Angeles, CA 90045, with the total Labor Hours of .

______________________ _ Date: __13 November 2013_____

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