LSJ.pdf

Control Number 15-0107

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY UNDER FAR16.505

1. Agency/Contracting Activity: 411th Contracting Support Bridge, Korea

2. Description of Action:

Nature: ( ) New Requirement ( ) Follow-on Requirement

(X) Mod to Existing Order Number:

Orders against: ( ) FSS Contract Number OR

(X) Multiple Award ID/IQ Contract Number: W91QUZ-07-D-0004-F404

Pricing: (X) Firm-Fixed Price ( ) Time & Materials ( ) Cost type

Funds: (X) Operations and Maintenance, Army (OMA) OR ( ) Other Funds: Other Procurement –Army (OPA)

Fiscal Year of Funds: FY 2015

Name of Proposed Contractor: NCI Information Systems, Inc.

Address: 11730 Plaza America Drive, Suite 700, Reston, VA 20190-4764 Phone: 1-800-375-2612

3. Description of Supplies or Services: The Contractor shall provide all spectrum/frequency management to SOCKOR Command and Staff, and promulgate spectrum management policy services that are adhered to by all SOCKOR components.

On 29 Sep 2010, through full and open competition under the Army Computer Hardware Enterprise Software and Solutions (CHESS) Information Technology Enterprise Solutions – 2 Services (ITES-2S) contract vehicle, task order W91QUZ-07-D-0004-F404 was awarded to NCI Information Systems, in the amount of $1,080,362.63 for SOCKOR. The 4th option period ends on 29 Sep 2015.

This action is to extend the Spectrum Manager contract for three (3) months under FAR Clause 52.217-8, Option to Extend Services (Nov 1999), to continue mission critical Spectrum Manger services for SOCKOR. The total cost for the three (3) month extension period is listed below:

Contract Performance Period Extension Period Authority Total Cost

W91QUZ-07-D-

0004-F404-08 30 Sep – 29 Dec 2015 3 months 16.505(b)(2)(i)(C) $56,315.22

* Cost Breakdown - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CLIN 4006 (Labor) - - $53,342.85

CLIN 4007 (Travel) - - $1,875.00 CLIN 4008 (Surge) - - $1,097.37

4. Authority:

( ) ORDER AGAINST FSS: Title 40 USC 501, Services for Executive Agencies; and Section 803 of the National Defense Authorization Act of 2002 (PL 107-107); and FAR 8.405-6. Mark the applicable exception:

( ) Item peculiar to one manufacturer (e.g. brand name item, product, or feature of a product peculiar to one manufacturer (FAR 8.405-6(b)).

( ) Limit consideration to fewer than three (3) schedule contractors (FAR 8.405- 6(a)(1)). In accordance with DFARS 208.405-70(b), mark the applicable exception:

[ ] A statute expressly authorizes/requires that purchase be made from a specified source [DFARS 208.405-70(b)(1)]

[ ] Urgent agency need precludes fair opportunity [FAR 16.505(b)(2)(i)(A)]

[ ] Only one awardee is capable because supplied and services are unique or highly specialized [FAR 16.505(b)(2)(ii)(B)]

[ ] Logical follow-on, in the interest of economy and efficiency, to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order [FAR 16.505(b)(2)(i)(C)].

OR:

(X) ORDER AGAINST MULTIPLE AWARD ID/IQ CONTRACT: Section 803 of the National Defense Authorization Act of 2002 (PL 107-107), FAR 16.505(b)(2) and DFARS 216.505-70(b), the contracting officer shall give every awardee a fair opportunity to be considered for a delivery/task order. Mark the applicable exception:

( ) A statute expressly authorizes/requires that purchase be made from a specified source [DFARS 216.505-70(b)(1)]

( ) Item peculiar to one manufacturer (a particular brand-name, product, or a feature of a product that is peculiar to one manufacturer) [FAR 16.505(a)(4)]

( ) Urgent agency need precludes fair opportunity [FAR 6.505(b)(2)(i)(A)]

( ) Only one awardee is capable because supplies or services are unique or highly specialized [FAR 16.505(b)(2)(i)(B)]

(X) In the interest of economy and efficiency, the order is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order [FAR 16.505(b)(2)(i)(C)].

( ) It is necessary to place the order to satisfy a minimum guarantee [FAR 16.505(b)(2)(i)(D)]

5. Rationale/explanation to support cited authority: In order to comply with CJCSI62250.01E, CJCSM312.02B, AR 5-15 App C, DoDD46650, DoDD 3222. SOCKOR requires this position in order to stay within the regulations listed above. This position is a critical position that must be filled. In addition, the new follow-on contract is being worked by USSOCOM and is scheduled to start on 1 Jan 2016. Thus the contract extension is only required for three (3) months until 31 Dec 2015.

6. Market Research: This is a limited sources justification based on the same type of analysis required on the SOCKOR side. NCI has performed Spectrum Manager services for SOCKOR since 30 Sep 2010.

Because of their prior experience with SOCKOR, NCI already has a level of expertise and knowledge that no other vendor can reasonably provide for immediate support of the Spectrum Manager services.

They will provide the same level of services that is currently provided to SOCKOR. Therefore, no vendors were sought besides NCI, the incumbent contractor, for the above reasoning.

7. Actions to Increase Competition: The follow-on contract will be competed as full and open solicitation and awarded through competitive procurement process.

8. Any other facts supporting the justification: N/A

9. Technical / Requirements Certification: I certify that the supporting data under my cognizance which is included in this limited sources justification is accurate and complete to the best of my knowledge and belief.

____________________________________ Date: ________ 13 August 2015__________ Submitted by: Jimmy P Payne Position Title: SOCKOR COR Email Address:jimmy.p.payne.mil@mail.mil

10. Contracting officer’s determination that the order represents best value (FAR 8.404(d) or FAR 16.505(b)(5)), to include the basis for determination of a fair and reasonable price per FAR 15.402: The price for the extension of service was not evaluated in conjunction with the basic contract price, although the initial award was competitively made. An informal review of contact file shows that there is no increase in the price of the extending three (3) month period for the subject contract from the base year. A brief analysis of the labor price shows NCI’s labor rate is even lower than their current CHESS labor rates and is lower than other competitive offers received in response to the initial

11. Contracting Officer’s Approval: I hereby certify that this limited source justification is accurate and complete to the best of my knowledge and belief. Based on the foregoing, I approve this limited source justification subject to availability of funds, and provided that the services and supplies herein described have otherwise been authorized for acquisition.

__________________________________________ Date: __________________________ Typed Name: John M. Haberlach Title: Contracting Officer