A11-J A-W9132V07D00010037.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SYSTEM ENGINEERING AND TECHNICAL ASSISTANCE (SETA)

IN SUPPORT OF THE

JOINT AUTOMATED DEEP OPERATIONS COORDINATION SYSTEM (JADOCS)

Modification to W9132V-07-D-0001-0037 J&A Control Number AGC-13-0013

REFERENCES:

In accordance with FAR 6.303, the contracting agency is required to prepare a sole source justification using the format at FAR 6.303-2, as provided below.

DOCUMENTATION:

(1) Identification of the agency and the contracting activity.

Requiring Activity

U.S. Army Corps of Engineers (USACE) U.S. Army Geospatial Center (AGC) Technology Integration Branch 7701 Telegraph Road, Building 2592A Alexandria, VA 22315-3864

Contracting Activity

U.S. Army Corps of Engineers (USACE) U.S. Army Geospatial Center (AGC) Contracts Office 7701 Telegraph Road, Building 2592 Alexandria, VA 22315-3864

(2) Nature and/or description of the action being approved.

The purpose of this document is to obtain necessary approvals for a sole source acquisition in accordance with FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. AGC’s need to continue services is of such a compelling urgency that the Government would be seriously injured unless the agency is permitted to limit competition; full and open competition need not be provided for.

The procurement strategy is to issue a sole source task order modification to extend performance under the existing task order for 45 days to provide for a continuation of services without interruption until a follow-on task order is awarded.

(3) A description of the supplies or services required to meet the agency’s needs (including the estimated value).

The existing JADOCS task order provides support to the Product Director Fire Support Command and Control (PD FSC2), which is under Project Manager Mission Command (PMMC). The technologies and capabilities of JADOCS developed from the Joint Precision Strike Demonstration

IN SUPPORT OF THE

JOINT AUTOMATED DEEP OPERATIONS COORDINATION SYSTEM (JADOCS)

Project Office (JPSD PO) have been transferred to PMMC for incorporation into the Army’s Battle Command Community. PD FSC2 is responsible for providing the JADOCS capabilities to the Services, COCOMS, and Coalition partners. One of the primary functions of JADOCS is to provide Coordination, Collaboration, and Communication capability for Joint and Coalition, Targeting and Fires. Related capabilities include, but are not limited to; Collateral Damage Estimation, De-confliction algorithms, Personnel Recovery, and Stability Operations. The existing task order providing this support, awarded under an IDIQ contract that was awarded as an 8(a) set aside, is to be extended from 27 January 2013 through 13 March 2013; a 45-day extension, to allow additional time to issue a new task order to provide these support services. The estimated cost is $187,558.58 for the 45 day extension.

(4) An identification of the statutory authority permitting other than full and open competition.

10 U.S.C. 2304(c) authorizes the Department of Defense (DoD) to contract without full and open competition under certain circumstances. For this acquisition, other than full and open competition is permitted per FAR 6.302-1 (Only One Responsible Source and No Other Supplies or Services will Satisfy Agency Requirements.

(5) A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

Task Order 37 provides contractor support to the JADOCS mission. JADOCS is a software application that is fielded worldwide to the Services, Combatant Commands (COCOMS), and Coalition partners. One of the primary functions of JADOCS is to provide Coordination, Collaboration, and Communication capability for Joint and Coalition, Targeting and Fires. The JADOCS capability and the JADOCS Liaison Officer (LNO) providing support to the United States Forces Korea (USFK) is critical to counter fire operations in the Korean Peninsula. Without counter fire operations in Korea we can't defend South Korea against a North Korean invasion or attack. The Liaison Officer in Korea is a Subject Matter Expert (SME) on JADOCS and provides input for support on management decisions, business management, system requirements, support requirements, exercise support, and field support leadership and coordination. The LNO position is the only one providing JADOCS SME guidance and information to Senior USFK Targeting Fires Leadership. The services offered by the SME demonstrate a unique capability for this requirement for the time period needed.

The LNO position for Korea has been designated as an "emergency essential position". In the event of a crisis, conflict, or declaration of war where DoD, Government civilians, and their dependants, are ordered to evacuate the area of operations, the position designation of “emergency essential” requires the contractor stay in country and continue to provide this critical support.

Any break in LNO support in Korea that would increase the risk of the JADOCS capability being diminished would impact the Operational Readiness of the USFK and pose a threat to National

IN SUPPORT OF THE

JOINT AUTOMATED DEEP OPERATIONS COORDINATION SYSTEM (JADOCS)

Security. Additionally, a break in Contractor support would require the Contractor to depart from Korea and remain in the US for a minimum of 90 days to re-establish "US Residence" under the Status of Forces Agreement (SOFA). In accordance with USFK Regulation 700-19, the US Government in charge of the SOFA designated contract is responsible for repatriation costs of the contractor personnel to the US. This cost including subsequent return to Korea, are estimated at $50K in total costs. The repatriation costs include: Moving Costs for Household Goods, Vehicle Shipment Costs, Airfare, and Per Diem. Additionally, tasks such as SETA oversight/Senior JADOCS SME for USFK Key Resolve 2013 exercise, critical to Operational Readiness and National Security, would not be possible without this support during the 90 days required to re-establish US residence.

There is a similar cost for repatriation under the Technical Expert Status Accreditation (TESA) for the EUCOM Liaison Officer located in Germany. EUCOM repatriation costs are estimated at $40K in total cost.

The total cost to repatriate and then return LNO’s in Korea and Germany are estimated at $90K.

A detailed breakdown of the repatriation costs is available and will be provided as a separate attachment if necessary.

(6) A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies.

These services have always been satisfied using the authority of section 8(a) of the Small Business Act. The new task order will be issued against an IDIQ contract that was awarded using section 8(a) Small Business Set-aside procedures in accordance with FAR 19.804 and DFARS 219.800.

This action will not be synopsized in accordance with Subpart 5.202 (a)(11). The J&A will be published in accordance with FAR 6.305 on FedBizOpps.

(7) A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The estimate of $187,558.58 for the 45 day extension is based on contract rates included in the basic IDIQ contract and is consistent with the rates determined to be fair and reasonable when the task order was issued.

(8) A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

Market research was not conducted for this 45 day extension. The need to continue critical services for National Security purposes prevents the consideration of other sources that could continue these services without interruption.

IN SUPPORT OF THE

JOINT AUTOMATED DEEP OPERATIONS COORDINATION SYSTEM (JADOCS)

(9) Any other facts supporting the use of other than full and open competition, such as:

A new task order to continue performance of these critical services was delayed as a result of a late release of FY 13 funding from the Army JADOCS Project Office, under Program Manager Mission Command (PMMC), PEO C3T. The delay in the release of funding by PMMC was caused by a delay in the required staffing and approval of the Capability Production Document (CPD) from the Army TRADOC Capability Manager (TCM). Funding for the new task order was expected by the AGC in October 2012 and was not received from PMMC until 31 December 2012.

The funding and associated contracting documents were processed through the AGC’s Contracting Office. A request for proposal (RFP) was issued to the contractor on 11 January 2013 and the Contractor’s proposal was received on 18 January 2013. The proposal is presently being evaluated by the government, but the late start is now forcing the AGC to extend the present task order 37 in order to continue support to the warfighter without an interruption in service. In anticipation of the potential delay in getting a new task order awarded, the Contractor submitted a request on 18 Dec 2012 for realignment of funds from travel and other direct cost contract line items to the labor contract line item in order to extend performance at no additional cost to the government. The AGC project manager has been working with contracts to expedite the extension to ensure no interruption of service would occur between the expiration of the existing task order and award of the new task order.

Discussions regarding the task order extension resulted in an issue regarding the legality of an extension because the basic contract has expired. Research and review of the terms of the basic contract revealed that FAR 52.216-22 Indefinite Quantity, a clause contained in the basic contract, states in part: “The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 14 March 2013”. It is the opinion of the requiring office that this clause provides for performance of task orders beyond the basic contract’s effective date and would support any extension of performance up to 14 March 2013. Discussions regarding extension of the existing task order beyond the no additional cost extension further delayed execution of any modification that would continue services without interruption until a new task order can be awarded. Additionally new review requirements recently implemented by the Contracting Office further delayed the processing of the extension and the new task order. The new review requirements were not anticipated and not included in any projected timelines for executing these actions. Finally, it was determined that to ensure any action taken was in compliance with the law, a justification and approval for other than full and open competition should be executed.

(10) A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

No other sources have expressed an interest in this acquisition.

(11) A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

IN SUPPORT OF THE

JOINT AUTOMATED DEEP OPERATIONS COORDINATION SYSTEM (JADOCS)

AGC will continue to offer the requirement for these services to the Small Business Administration (SBA) in accordance with FAR 19.804-4 for SBA to determine (a) Whether the requirement should be a competitive 8(a) award; (b) A nominated firm’s eligibility, whether or not it is the same firm that performed the previous contract; (c) The effect that contract award would have on the equitable distribution of 8(a) contracts; and (d) Whether the requirement should continue under the 8(a) Program.

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.

Michael Reck Date: 24 Jan 2013 Signature:

12. 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.

Andrew R. McHugh Date: ___________________________ Chief Technology Integration

Signature: _______________________

13. Fair and Reasonableness Cost Determination:

I hereby determine that the anticipated cost to the government for this contract action will be fair and reasonable, based on the costs for extension will be a continuation of services within the limits and at the rates specified in the task order.

Stephen Heath Date: ___________________________ Contracting Officer Signature: _______________________

IN SUPPORT OF THE

JOINT AUTOMATED DEEP OPERATIONS COORDINATION SYSTEM (JADOCS)

14. Contracting Officer Certification:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Stephen Heath Date: ___________________________ Contracting Officer Signature: _______________________

Approval

Based on the foregoing justification, I hereby approve the 45-day extension of services on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 2304(c)(1) or 41 U.S.C.

253(c)(1) and FAR 6.302-1(a)(2)(iii)(A) and (B), subject to availability of funds, and provided that the services herein described have otherwise been authorized for acquisition.

Date STEPHEN HEATH Contracting Officer