Exception_to_Fair_Opp_W91CRB-14-D-0023-0002_Redacted_Final.pdf

Control No: JA-D-17-397

Version – APRIL 2017 FOR OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

FAR PART 16 EXCEPTION TO FAIR OPPORTUNITY JUSTIFICATION

For Actions Exceeding the Simplified Acquisition Threshold (SAT)

Program/Equipment: Contractor support for Aviation Fires Evaluation Directorate (AFED), U.S. Army Evaluation Center.

Authority: 10 U.S.C. 2304c (b)(1) as implemented by FAR Part 16.505(b)(2)(i)(A) – The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

Amount: $695,379.60

Prepared by: DSN:

AFED Program Specialist Date: 26 APR 17 Email: j

Contracting Officer: Gerald H. Taulbee DSN: 458-2851 Contracting Officer Date: 26 APR 17 Email: Gerald.h.taulbee.civ@mail.mil

Technical: DSN:

Technical Director, AFED Date: 26 APR 17 Email:

Requirements:

Senior Acquisition Officer AFED DSN:

Email: Date: 26 APR 17

Reviews: I have reviewed this justification and find it adequate to support other than full and open competition.

Aviation Fires Evaluation Directorate AFED) Senior Acquisition Officer:

Typed Name:

DSN:

Signature: _ Date: ____________________ 04 MAY 17

FAR Part 16 Exception to Fair Opportunity Justification Under Multiple Award Indefinite Delivery Contracts

For Actions Exceeding the Simplified Acquisition Threshold (SAT)

1. Contracting Activity: Army Contracting Command – Aberdeen Proving Ground (ACC-APG), 4310 Boothby Hill Avenue, Aberdeen Proving Ground, MD 21005.

2. Description of Action: The U.S. Army Evaluation Center (AEC), a component of the U.S. Army Test and Evaluation Command (ATEC), Aviation Fires Evaluation Directorate (AFED), requests a modification to its existing cost-plus fixed-fee (CPFF) task order W91CRB-14-D-0023-0002 with American Systems Corporation (ASC) to extend the task order completion date for two one half (2 1/2) months from 31 May 2017 to 15 August 2017. The estimated cost of the modification is $695,379.60. Fiscal Year (FY) 2017 RDT&E funds will be used to fund the additional performance. The task order was awarded as the result of a competitive fair opportunity, pursuant to FAR 16.505(b) (1).

3. Description of Supplies/Services: The Army Evaluation Center (AEC), as a component of the Army Test and Evaluation Command (ATEC), has a critical requirement for highly specialized trained personnel to provide continuous evaluation support to the Aviation-Fires Evaluation Directorate (AFED). AFED provides technical assessments and evaluations of Air Defense Artillery (ADA) weapon systems development and performance during the weapon system lifecycle. These assessments provide the commanders and leaders mission critical information about system readiness for operational testing or fielding. The efforts for this action pertain to traditional acquisition, rapid acquisition/rapid equipment fielding, and experimentation for ADA and FA systems. Systems being evaluated are considered mission critical by the U.S. Army for the mission areas to include, but not limited to, radar detection and tracking, target identification, classification, threat assessment, engagement, and communications. The scope of work includes the planning, coordinating, executing, and reporting on the independent performance and safety evaluations of all ADA and FA systems in support of both standard acquisition an rapid initiatives. This contract was awarded with a base year and one option year and is currently performing in the option year. This action will extend the period of performance end date by two one half (2 1/2) months, from 31 May 2017 to 15 August 2017.

An increase in the total cost of the task order is not required, as there is adequate cost ceiling remaining under unexercised CLIN 0010 ($2,069,043.02) of the current contract to support an additional two one half (2 1/2) months of performance. Therefore, this modification will extend the period of performance, but will not increase the total estimated cost of the contract. The total estimated cost for extended period of performance is $695,379.60.

4. Authority Cited: 10 U.S.C. 2304c(b)(1) as implemented by FAR 16.505(b)(2)(i)(A) – The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

5. Reason for Authority Cited: A two month extension will ensure uninterrupted support under this task order until a new task order can be awarded. A competitive request for proposal (RFP) for a follow-on effort was released on 22 December 2016 to all eleven (11) AEC Omnibus contract holders with proposals due by 23 January 2017.

After receipt of proposals, the Government determined it necessary to amend the RFP, which was released on 15 February 2017 with a new proposal due date of 1 March 2017.

Evaluation of proposals began on 6 March 2017 and are currently underway. In order to have a 30-day transition-in period for the follow-on effort, performance is required to begin on 1 May 2017. Based upon this date, the Government determines it necessary to extend the period of performance on the current performing contract to allow for additional time in making an award on the follow-on competition. Without the continuation of these services, technical assessments and evaluations of Air Defense Artillery (ADA) weapon systems will be affected jeopardizing informed reporting on systems critical to homeland defense and will delay the delivery of critical improvements to system operators, placing Warfighters’ lives at risk.

a. The contractor, ASC, is currently providing critical acquisition test and evaluation milestone assistance to support AFED. The following programs have critical contract support requirements from ASC during the 2 month extension. Patriot missile defense system (PAC-3), which is the most forward deployed system in the Army. The Patriot Post-Deployment Build-8 (PDB-8) and Missile Segment Enhancement programs are critical to the success of those Patriot-deployed units. If Patriot tasks are not successfully completed on time, ATEC will be unable to provide data analysis for a Capabilities and Limitations (C&L) Report in support of an Urgent Materiel Release (UMR) to theater. If PAC-3 tasks are not successfully completed on time then data analysis on vital system upgrades will not be conducted and ATEC will be unable to support the Theater Joint Urgent Operational Need Statement. Delaying the deployment of urgently needed capabilities will impact Soldier protection.

b. The National Capitol Region Integrated Air Defense System (NCR-IADS), which is a system-of systems Joint architecture with sensors, mission command, and intercept systems defending the National Capitol Region. If NCR-IADS tasks are not successfully completed on time, the Joint Air Defense Operations Center JADOC) Task Force Commander will not have the data analysis required to make a decision on whether or not to integrate Army system upgrades into the NCR-IADS architecture. By not having the necessary information available, a decision to delay the inclusion of critical capabilities will hurt the JADOC’s ability to defend the National Capitol Region. A decision to proceed without the data analysis could introduce problems into the architecture and negatively impact their ability to provide adequate defense.

c. Army Integrated Air and Missile Defense (AIAMD). If the AIAMD program is not able to execute the following critical tasks, then there will be a delay in providing data to inform key Executive Leadership decisions at important program knowledge points. Data must be analyzed and calculations measured against DT data in order to develop resulting briefings. Input to reports are required to be updated to support IAMD PO proposed monthly PEO / FCoE / ATEC / NG Executive Leadership progress checks of NG AIAMD S/W and capability development. Key planning documents must be updated such as the ESR, TEMP, & SEP, in accordance with APB / T&E program schedule. The SCOE 3.1

DTP must be aligned to provide key DT progress check metrics. Suitable scenario script structure must be generated from DOE matrices that are operationally aligned to the area of operations and anticipated threat set to be encountered in those areas. Lastly, critical WGMs and update briefs must be communicated to ATEC Leadership and OSD DOT&E, including inputs to those briefs. The Acquisition Executive Leadership Community is stressing the ability to more closely track AIAMD development continuously / real time across the EMD Phase to ensure system readiness at LUT2; they do not want to approach MS C without the required capability developed.

Contractor support under the task order provides critical mission support to the effort, making up more than half of the AEC effectiveness evaluation team led by the Government. Without uninterrupted contractor support, the ability of the ATEC System Teams (ASTs) to support critical schedule milestones with evaluation products in a timely manner to inform acquisition decisions is at high risk.

6. Efforts to Obtain Competition: A follow-on task order on the AEC Omnibus IDIQ, multiple-award contract is currently under evaluation and was open to all eleven (11) AEC Omnibus contract holders. Award is currently projected for 15 July 2017, which permits a one month transition period.

7. Market Research: No market research specific to this task order was performed.

The market research used to award the underlying (IDIQ) multiple-award contracts to compete task orders remains relevant.

8. Other Facts:

a. The modification extending the task order period of performance does not affect the negotiated task order amount (Total Cost-Plus Fixed-Fee) of $10,996,341.00.

b. American Systems Corporation (ASC), is performing satisfactorily on the contract.

c. This is the only exception to fair opportunity processed under Task Order W91CRB- 14-D-0023-0002. The modification extending the period of performance does not change the Performance Work Statement (PWS).

9. 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.

Date:

AFED Technical Director Signature:

10. 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:

Sr. Acquisition Officer, AFED Signature:

11. Fair and Reasonable Cost Determination: The contract amount for this Task Order was determined fair and reasonable when the Task Order was awarded.

Gerald H. Taulbee Date:

Contracting Officer Signature:

12. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief. Based on the foregoing justification, I hereby approve the procurement of Contractor support for Aviation Fires Evaluation Directorate (AFED), U.S. Army Evaluation Center (AEC) using an exception to fair opportunity pursuant to the authority of FAR 16.505(b)(2)(i)(A), “The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays”, subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Gerald H. Taulbee Date:

Contracting Officer Signature:

04 MAY 17

04 MAY 17

TAULBEE.GERAL

D.H.1229090301

Digitally signed by

TAULBEE.GERALD.H.1229090301

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=TAULBEE.GERALD.H.1229090301 Date: 2017.05.05 09:33:50 -04'00'

TAULBEE.GER

ALD.H.12290

90301

Digitally signed by

TAULBEE.GERALD.H.1229090301

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=TAULBEE.GERALD.H.1229090 Date: 2017.05.05 09:34:46 -04'00'