EFO.pdf

Control No. HNC-16-16734

Source Selection Information – See FAR 2.101 and 3.104

Justification Review Document For

Exception to Fair Opportunity

Program/Equipment: Maintenance and Service of the Enhanced Pedestrian Security Gates (ESPG) for Task Order W912DY-11-D-0002-0 05

Authority: Federal Acquisition Regulation (FAR) 16.505(b)(2)(i)(C), Logical Follow-On

Amount: $65,000.00

Prepared by:

Contracting Officer:

Technical Representative:

Requirements Representative:

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

Program Manager:

Legal Counsel:

Exception to Fair Opportunity

W912DY-11-D-0002-0005

1. Contracting Activity: United States Army Engineering and Support Center, Huntsville, Alabama (CEHNC).

2. Description of Action: The proposed modification is to extend the service period for Task Order W912DY-11-D-0002-0005 under the Electronic Security System (ESS) V Multiple Award Task Order Contract (MATOC) for months. The option to extend services under FAR Clause 52.217-8 was not evaluated at the time of award. In compliance with AFARS 5117.206 this action evaluates this period in accordance with FAR 6.303. This modification will be awarded under the authority of Other Than Full and Open Competition as identified in FAR 16.505(b)(2)(i)(C), Logical Follow-On. The additional months will provide the contractor the ability to continue corrective maintenance services until the follow-on award is complete which is estimated to be awarded July 2016.

The pricing for this month extension shall not exceed the rates of the current period. The estimate for extending corrective maintenance for months is $65,000.00 for the period of

. This estimate is based on historical maintenance costs at the required ESPG locations.

3. Description of Supplies/Services: The task order is for the maintenance and service of the US Army Enhanced Pedestrian Security Gates (ESPG) located globally in Europe, Korea and the USA. The contractor provides qualified specialist technicians to perform maintenance, service, adjustment and repair of existing ESPGs.

4. Authority Cited: Federal Acquisition Regulation (FAR) 16.505(b)(2)(i)(C); Logical Follow- On.

5. Reason for Authority Cited: This requirement is a logical follow-on to the current task order W912DY-11-D-0002-0005. It is more economical for the current contractor, InDyne, Inc., to continue work at this time. Selection of a new contractor would result in additional costs and an unacceptable delay to re-compete this requirement for months of service. Award to InDyne is in the best interest of the Government as they are already familiar with the contract requirements. During the base and three option years they have demonstrated their unique skills, knowledge, and qualifications to provide specialized ESPG maintenance support at the required locations.

CEHNC is currently conducting a competition for a new task for this requirement with an estimated award date of July 2016. However, this competitive award cannot be made within the timeframe required for maintenance coverage needed from . If the current task order is not extended, this lapse in the required maintenance would put the customer at risk of not being able to meet force protection guidelines. A lapse in service will also result in extensive cost to repair the system due to the lack of corrective maintenance. This task order provides maintenance and service for multiple locations in the US, Europe and Korea.

No other contractor is currently qualified and able to provide the level of support required during this period to maintain the ESPGs at these locations.

6. Efforts to Obtain Competition: Any new task order will be competed amongst the MATOC’s vendors which consists of six small businesses and five large businesses after the extension of services period expires. The time required to issue a solicitation/evaluation and award of a new contract can take up to 12 months, which will not meet the current needs of the Government to maintain the ESPGs in Europe, Korea and the USA. Therefore, based on the current needs and the time required to award a new contracts, there is no additional benefit to the Government to compete this action at this time.

7. Actions to Increase Competition: Market research has been conducted and the long term competitive acquisition is currently underway.

8. Market Research: Extensive Market research was conducted at the base contract level for the ESS V MATOC in 2013, and the resulting task orders are awarded providing all qualified vendors a fair opportunity to participate in all solicitations. Market research has been continually conducted at the task order level over the life of the contract to ensure the contractors on the MATOC are still capable of providing the required services and are interested in competing for the requirements. This is done through contacting knowledgeable individuals in the Government and issuing sources sought to the MATOC holders in accordance with the market research techniques identified in FAR 10.002(b)(2). However, based on the reasoning mentioned in section 5 above, other sources cannot meet the Government’s need at this time. The Program Manager / Contracting Officer Representative was contacted and confirmed that this contractor is qualified and has performed satisfactorily.

9. Interested Sources: No sources have indicated interest in this acquisition. No notice was posted in accordance with the exception in FAR 5.202(a) (11).

10. Other Facts:

a. Procurement history.

(1) This task order was awarded and procured utilizing the ESS V MATOC mentioned above on 27 April 2012.

(2) Competitive Status of this actions: Fair opportunity was provided to all ESS V Unrestricted MATOC holders.

(3) Authority previously cited if less than full and open competition was used:

N/A

(4) If a justification was prepared to support the procurement made before this one, a summary of the contents of paragraph 7 of the justification for that procurement and an explanation of the results: N/A

(5) If any prior award was accomplished by full and open competition, a detailed explanation of the changed circumstances: N/A

(6) An explanation of any unusual patterns which may be revealed by history, e.g.

several consecutive, urgent buys: N/A

(7) If a justification was prepared to support the procurement made before this one, briefly describe the circumstances justifying the buy and whether there have been any significant changes: N/A

b. Other facts. Provide any other facts necessary to justify limiting competition that were not previously stated: N/A

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.”

12. Requirements Certification: “I certify that the supporting data under my cognizance which are included in the Exception to Fair Opportunity are accurate and complete to the best of my knowledge and belief.”

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. At the time of the initial award the price evaluation team evaluated each proposal for fairness and reasonableness. The prices proposed reflected a clear understanding of the requirement and all rates were determined balanced for the base and option years. Additionally, the cost elements (direct and indirect rates) proposed by each offeror were also examined and determined acceptable. The rates for the last option period were determined fair and reasonable and are applicable to the month extension.

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

Approval

Based on the foregoing justification, I hereby approve the modification to extend services under FAR Clause 52.217-8 by months on an other than full and open competition basis pursuant to the authority of FAR 16.505(b)(2)(i)(C) provided that the services and property herein described have otherwise been authorized for acquisition.

Gloria Harris Contracting Officer