Counter Threat Network Tactics and Procedures

FAIR OPPORTUNITY EXCEPTION (FOE) JUSTIFICATION I. Contracting Activity A. Agency: Department of Defense, Joint Task Force - North B. Contracting Activity: 21 CONS/LGCC, Peterson AFB, CO C. Justification Type: The order must be issued on a sole-source basis in the interest of economy and efficiency because it 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. II. Nature and/or Description of the Action Being Approved This is a modification as a follow-on to task order FA2517-12-D-9000-0018 extending the period of performance by one year. III. Description of the Supplies/Services Required To Meet the Agency's Needs The contractor shall perform performance based services for Counter Threat Network Tactics and Procedures Support (CTNTPS) providing facilitation and necessary services to perform technical analyses and assessments for Southwest Border (SWB) Counter Transnational Organized Crime (C-TOC) Working Group Events (5 days). The corridors considered for areas of focus include (Los Angeles. and San Diego Regional Command Mechanism, California, Arizona Alliance to Combat Transnational Threats (ACTT), NM/West Texas ACTT, South Texas Campaign, Caribbean Border Inter-Agency Group (CBIG) and North-East Support) and will be defined specifically at the subtask. These periodic 5 day events involve preparation before, and reporting analysis following each event. These services are required beginning 1 August 2016 for one year supporting Joint task Force - North (JTF-N). This requirement is an extension of the current effort awarded competitively to Intecon, LLC under TA2S IDIQ Task Order FA2517-12-D-9000-0018. The Performance Work Statement (PWS) was revised to incorporate alternate locations for future events. IV. Authority Permitting a Fair Opportunity Exception FAR 16.505(b)(1)(i) requires the Contracting Officer to provide each awardee under a multiple award contract, a fair opportunity to be considered for each order exceeding $3,000 unless a statutory exception applies. The specific exception that precludes the fair opportunity process for this acquisition is FAR 16.505(b)(2)(i)(C). V. Demonstration of the Contractor's Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above to Provide the Required Supply/Service (Applicability of Authority) FAR 16.505(b)(2)(i)(C), "The order (modification) must be issued on a sole-source basis in the interest of economy and efficiency as 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." Joint Task Force - North states the extension of CTNTPS is necessary to build upon the previous successes of these events and culminate in the next year with events that will cement lasting relationships with the numerous law enforcement agencies. The new Department of Homeland Security (DHS) Joint Task Force East, Joint Task Force West, and Joint Task Force Investigations (JTF-E, JTF-W, JTF-I) have requested this capability to further make their operations more effective by synchronizing efforts across the law enforcement community in the Counter Transnational Organized Crime (C-TOC) environment. To compete a requirement for this one year period is not practical when considering the expense and risk involved. To issue a modification extending the current Intecon Task Order of the same effort would eliminate the expense to any prospective contractor establishing support for this short period of time. The rates offered by Intecon are expected to reflect rates previously competed when this initial Task Order was awarded resulting in a fair and reasonable price to the government. Additionally, JTF-N cannot say with assurance that they will require the entire one year extension to receive all four priced events. For this reason, the Clause DFARS 252.232-7007 Limitation of the Government's Obligation will be incorporated which will allow early termination of this task order should funds not be available to continue. Intecon has indicated that no termination costs would be expected should the government cease funding the effort, and terminate the task order under DFARS 252.232-7007. Further, the time and effort which would be expended by both the government and a perspective contractor to compete this effort would not yield any further savings or advantages to the government. On the contrary, competing this short extension would invite unnecessary risk through a delayed competitive award. Therefore, in the interest of economy and efficiency, the decision not to compete this effort and instead negotiate a 12-month duration modification to the task order FA2517-12-D-9000-0018 as a logical follow-on is in the best interest of the government. VI. Description of Efforts Made To Ensure Competition Between All Awardees In accordance with FAR 16.505(a)(1) orders under indefinite-delivery contracts do not have to be synopsized. Paragraph V above justifies why competition among all awardees is not suitable for this acquisition. Offering this short term requirement to be competed amongst both TA2S contractors was considered, but was not deemed appropriate given the indeterminate and short length of the period of performance. VII. Determination by the Contracting Officer That The Anticipated Cost to the Government Will Be Fair and Reasonable As stated in Paragraph V above, the rates offered by Intecon are expected to reflect rates similar to those previously competed when this initial Task Order was awarded resulting in a fair and reasonable price to the government. VIII. Description of Market Research Conducted Among All Awardees and the Results Or A Statement of the Reason Market Research Was Not Conducted No formal market research was conducted to conclude the exception at FAR 16.505(b)(2)(i)(C) should be applied. The previously competed award of Task Order FA2517-12-9000-0018 to Intecon, LLC. established a two year effort which now needs to be extended. The four events planned in the period of performance build upon the successes of the previous two years. To attempt a competitive award IAW FAR 16.505(b)(1) for this short duration would unnecessarily disrupt the work effort currently being provided and would not capitalize on the knowledge garnered during the previous two years. IX. Other Facts Supporting the Justification N/A X. List of Any Awardee That Expressed Interest in the Acquisition No other contractors expressed interest in this acquisition. XI. Actions the Agency May Take to Remove or Overcome Any Barriers To Increasing Fair Opportunity Before Any Subsequent Acquisition For the Supplies or Services At the conclusion of this Task Order, no further acquisition is expected to support this requirement. XII. Contracting Officer's Certification The contracting officer's signature on the signature page evidences that he/she has determined this document to be both accurate and complete to the best of his/her knowledge and belief. XIII. Technical/Requirements Personnel's Certification As evidenced by their signatures on the signature page, the technical and/or requirements personnel have certified that any supporting data contained herein which is their responsibility is both accurate and complete.