W91260-08-D-0001-1211JARedacted.pdf

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 1211.

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: 11Sep 2013 Contract Specialist DSN:

PCO: Date: 11 Sep 2013 Contracting Officer DSN:

Technical/Requirements: Date: 11 Sep 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 Sep 2013__

DSN:

Chief, Acquisition Law:

Signature:

__________________________ Date: 13 Sep 2013 _

DSN:

ACC-RSA-CCAM-CAC Director Directorate C:

Signature:

_________________________ Date: 13 Sep 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 1211

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 for a five month extension to Task Order W91260-08-D-0001- 1211 in accordance with FAR 52.217-8, Option to Extend Services. This extension of services will result in an increase of approximately $ to the Task Order ceiling value. 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) contract. This is a one-year Task Order. The current period of performance expires on 29 September 2013. This extension of services will be Cost-Plus-Fixed-Fee uti lizing $ of FY13 and FY14 Operations and Maintenance (O&M) funds.

3. Description of Supplies/Services:

The primary purpose of Task Order 1211 is to provide support and services to the Wideband Satellite Communications (SATCOM) elements assigned to the Regional SATCOM Support Centers (RSSCs) in support of the assigned Wideband SATCOM, Wideband Global SATCOM (WGS), Defense Satellite Communications System (DSCS), and Global Broadcast Service (GBS) missions.

The main focus of Task Order 1211 is to optimize Satellite Communications (SATCOM) capabilities. This encompasses support for both military and commercial satellite communication systems, to include existing operational satellites, telemetry, tracking, and command systems, and user equipment, as well as systems proposed for development, upgrades, and modifications. Providing terrestrial communication system support and operational support services will also be required to support overall SATCOM optimization.

The requirements for this extension remain unchanged from the original Task Order award. This Task Order supports the wideband (WGS, DSCS, and GBS) SATCOM planning at Regional SATCOM Support Center - Pacific (RSSC-PAC) and RSSC- West. The RSSC’s mission is to provide 24/7 operational support to Combatant Commands (CCMD), Services, Agencies, and International Partners. This Task Order supports the RSSC Wideband Cell process Satellite Access Requests

(SARs), plan satellite payload configuration changes in support of CCMD user requirements and creates detailed technical solutions resulting in Satellite Access Authorizations (SAAs). Members of this Task Order work directly with CCMD J6 staff for communications restoral during satellite anomalies and electromagnetic interference events. This Task Order also assists with planning and implementation of the SATCOM portion of CCMD OPLANs and CONPLANs.

4. Authority Cited:

The authority permitting an extension of the task order without affording a fair opportunity to all awardees is IAW 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:

At the time of Task Order award, the customer, USASMDC/ARSTRAT, intended to convert all Contractor Manpower Equivalent (CME) positions for this requirement into Department of Army Civilian (DAC) Government civil service positions by the end of the one-year Base Period, 29 September 2013. Due to governmental delays, these DAC conversions did not take place in time to continue the support required by this contract. To still accomplish the mission, SMDC/ARSTRAT intended to recompete this effort for a one-year period under the COMETS II contract. However, since these 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 wi ll be descoped to reflect the decrease in contractor support.

Pursuant to FAR 16.505(b)(2)(i)(C), this modification will be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to TO 1211 already issued under the COMETS II contract. All three potential awardees, FCI, LinQuest and STS, were given a fair opportunity to be considered for the original order, when Task Order 1211 was competed under the COMETS II Contract. FCI is currently performing under this Task Order without creating unacceptable delays in fulfilling USASMDC/ARSTRAT CIO/G6 requirements. The time required to recompete this requirement would have a severe and negative effect on the missions of USASMDC/ARSTRAT CIO/G6. Further, taking no action and thereby creating a gap in service, would negatively impact

USASMDC/ARSTRAT CIO/G6’s ability to accomplish their specified and implied missions.

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-0001-1211 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 a 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 1211 is the only reasonable approach to retaining needed skills and facilitating transition to Government civilian employees.

6. 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 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:

In accordance with FAR 5.202 (a)(6), orders under FAR 16.5 are not required to be synopsized. 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 fact this work is being in-sourced by the Government, as directed by the Assistance 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:

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 1211, 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.

9. Interested Sources:

In accordance with FAR 6.305(a), a redacted J&A will be posted on the Army Single Face to Industry (ASFI) website within 14 days of execution of the resultant Task Order modification. Synopsis will include notice that work has been in-sourced and is not expected to be acquired via contract, again.

10. Other Facts:

Procurement History: Task Order 1211 restarted Subtask 3 efforts previously-provided under the original COMETS Task Order 1007 when a similar DAC conversion was being planned. There was still a requirement to support the SATCOM and WGS positions, so Task Order 1211 was competed among all three primes under COMETS II in September of 2012. The Task Order was written for only one year, because the G6 believed that they would have the conversions complete by the end of the PoP.

Competitive Status of These Actions: Army Contracting Command Redstone (ACC-RSA) issued a Request for Task Order Proposal (RFTOP) on 27 August 2012 for Task Order 1211 under COMETS II. The RFTOP was released to all three COMETS II Contractors (FCI, LinQuest and Summit Technical Services) with suspense for proposals on 7 September 2012. Questions were received on 30 August 2012 from FCI and from LinQuest. The Q&A’s were submitted to all three contractors on 4 September 2012. On 4 September 2012, both LinQuest and STS provided a no bid. Per direction provided in the USD(AT&L) memorandum “Better Buying Power: Guidance for Obtaining Greater Efficiency and Productivity in Defense Spending” dated 14 Sep 2010, additional guidance has been provided by the Director, Defense Procurement and Acquisition Policy, Mr. Shay Assad. This additional guidance requires that “if a solicitation was open for less than 30 days and only one offer was received, the contracting officer shall re-advertise the solicitation for a minimum of an additional 30 days.” The contractors were given 11 days to submit their proposal, but the Government added “If you need additional proposal preparation time, please notify the point of contact no later than 12:00 p.m. 31 August 2012” in order to meet the Guidance. Neither LinQuest nor STS required additional time to propose, and both of them chose not to propose. On 30 September 2012, ACC- RSA-CCAM-CAC awarded a one-year Task Order to FCI under Task Order number W91260-08-D-0001-1211.

The original estimated value for the base period of Task Order 1211, FCI, was

. The estimated cost for the five-month extension is $ .

Prior Sources not Solicited: Additional competition beyond the current Task Order is not currently being sought because the positions are being converted to DAC employees.

Authority Previously Used for Less than Full and Open Competition: No previous Authority has been applied to this Task Order.

Unusual Patterns: There are no identifiable unusual patterns to Task Order 1211 under the COMETS II contract. There has been no prior J&A request for Task Order 1211 under COMETS II.

Acquisition Data Availability: N/A

Subcontracting Competition: FCI is not currently subcontracting any portion of this requirement under Task Order 1211. It is anticipated that the extension will not include any subcontracting opportunities. 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: 11 Sep 2013 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 the resultant Task Order modification is fair and reasonable. This determination is based on the use of the cost and/or price analysis performed on the initial Task Order award. In accordance with FAR 52.217-8, Option to Extend Services by which the government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. Certified cost or pricing data will only be obtained if applicable to the individual Task Order action, in accordance with FAR 15.403-1(b)(3).”

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: 11 Sep 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-0001-1211 for procurement of services in support of Communications (SATCOM) Support Center (SSC) Support and Services for a five (5) month period, in the amount of $ for the period of 30 September 2013 through 27 February 2014. This approval is issued as a Logical Follow-on Exception to Fair Opportunity pursuant to the authority of FAR 52.217-8 and 10 U.S.C. 2304(c)(b)(3) as implemented by FAR 16.505(b)(2)(i)(C), subject to limitation of funds, and provided that the services herein described have otherwise been authorized for acquisition.

_________________________ Date: __11 September 2013_________

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