DLITE TO Exception to Fair Opportunity.pdf

Control Number: 19-76

UNCLASSIFIED/FOR OFFICIAL USE ONLY

Justification and Approval for an Exception to Fair Opportunity

1. Contracting Activity: Army Contracting Command – Warren (ACC-WRN): 6501 East 11 Mile Road, Warren, MI 48397-5000

2. Description of Action: The Contract Linguist & Intelligence Program Support Office (CLIPSO), in support of has a requirement to increase the number of Full Time Equivalents (FTEs) by FTEs, from FTEs to

FTEs, increasing the cost ceiling of the existing Cost-Plus-Fixed-Fee (CPFF) Task Order (TO) W911W4-11-D-0007-0003. This action will increase the overall cost ceiling by , from to Fiscal Year funding will be used.

CLIPSO provides linguist services in support of the mission. Currently, TO W911W4-11-D-0007-0003, with Mission Essential Personnel (MEP) (6525 West Campus Oval Suite 101, New Albany, OH 43054-8830), provides these services. The term of this contract is set to expire on . A new competitive action to support is being re-competed under the terms and conditions of the Department of Defense Language Interpretation & Translation Enterprise II (DLITE II) Indefinite Delivery Indefinite Quantity (IDIQ) Multiple Award Task Order Contract (MATOC), which is expected to be awarded in and will allow for a 90-day phase-in period. MEP is currently providing the services under an extension of the current contract, which consists of a and a

Anticipating the increased performance of the FTEs to begin on , the contract would be increased as follows:

Period of Performance:

Estimated Value Increase: from to

Period of Performance:

Estimated Value Increase : , from to

Total Period of Performance:

Total Estimated Value Increase: , from to

Increase to Total Contract Value: , from to

3. Description of Services: Contracted linguists in support of cover a wide range of languages, dialects, disciplines, and topics throughout the Area of

Responsibility (AOR). Contract linguists provide oral and written translations in direct support of Department of Defense (DOD) operations at all levels, from multinational training to strategic meetings with local leaders and officials, to counterintelligence and force protection support. Other translation, interpretation, and transcription assignments include: contracts and laws; treaties and international agreements on technical, scientific, military, economic, and cultural subjects; training manuals; court documents;

political speeches and position papers; slide presentations; and official correspondence between government leaders. Linguist requirements fall into one of three categories:

i) Category I (CAT I): U.S. hires and local nationals without security clearances, capable of supporting continuous initiatives on a 24/7 hour basis in austere locations throughout AOR.

ii) Category II (CAT II): U.S. hires with SECRET clearances, capable of supporting continuous initiatives on a 24/7 hour basis in austere locations throughout AOR.

iii) Category III (CAT III): U.S. hires with TOP SECRET clearances, capable of supporting continuous initiatives on a 24/7 hour basis in austere locations throughout AOR.

MEP is currently and provides linguist services in the following locations:

. Mission requirements may also cause the duty location to expand to other countries or regions not mentioned as a primary duty location as missions evolve. Linguist support services support the U.S.

Army serving in a capacity as an Executive Agent for the DOD, and will enable users to enhance capability during the Global War on Terrorism and Peace Support Operations.

4. Authority Cited: FAR 16.505(b)(2)(i)(A): the agency’s need for these services is so urgent that providing a fair opportunity would result in unacceptable delays.

5. Reason for Authority Cited: The TO W911W4-11-D-0007-0003 requires an immediate increase of FTEs throughout the AOR during the current PoP. One linguist FTE equates to 364 hours, per month, to support DOD’s missions throughout the AOR. These linguists are vitally important to the success and security of the United States and Coalition Forces.

These linguists are required to expand, increase and enhance the training support required in the

Given the current deployment timeline of , a fair opportunity competition for these additional linguist capabilities will produce unacceptable delays in meeting mission needs. In addition to an acquisition lead time of potentially several months, a competitively awarded task order for the new requirements will exponentially increase delays due to processing new linguist candidates into the government security vetting pipeline.

Specifically, it will take time, typically the majority of the post-award 90-day transition period, for a vendor to establish a vetting pipeline of contract linguist candidates. Once each candidate’s initial security vetting process is accomplished (42 days minimum), contractor fitness determinations for CAT I candidates routinely take 70 days or longer to complete. The timelines for candidates that require security clearances take much longer. The vetting process for a CAT II (SECRET) access eligibility currently averages nine (9) months thru adjudication, while the average for a CAT III (TOP SECRET w/ SCI) is approximately eighteen (18) months. The current vendor has more than candidates pending CAT II and III adjudication. The majority of these candidates have been in the processing pipeline for months, and any transition may require these individuals to start the process over. It will take months for a new vendor to build an equivalent pipeline of CAT II and III candidates.

6. Efforts to Obtain Competition: The follow-on TO is currently assigned to ACC-WRN with an estimated award in , which includes a 90-day phase-in period. The requirement will be solicited through the DLITE II IDIQ MATOC. In accordance with (IAW) FAR 16.505(b)(1) – Fair Opportunity, the requirement will be solicited using fair opportunity competition under the DLITE II Force Projection (FP) pool of nine contractors.

7. Actions to Increase Competition: Pursuant to FAR 16.505(b)(1) - Fair Opportunity, all awardees of the DLITE II FP IDIQ are provided a fair opportunity to be considered for the new follow-on effort, which is anticipated for award in .

Nine prime contractors will be given the opportunity to submit proposals to the Government as a result of Request for Task Order Proposal (RTOP).

8. Market Research: Market research was performed for the follow-on contract currently being prepared for solicitation, which consisted of evaluation of responses received in reply to a Government Request for Information (RFI). The RFI notice was sent out to all FP DLITE II vendors, via email, on 26 December 2018, with a response date of 10 January 2019. Another RFI notice was sent to all FP DLITE II vendors, via e-mail, on 9 August 2019 with a response date of 16 August 2019. The FP pool consists of all large businesses.

The vendor responses received on 10 January 2019 show that the DLITE II contract is a viable contract vehicle. The Government received seven responses (out of the nine potential offerors in the FP pool). The results of the market research concluded that seven of the DLITE II FP vendors are capable and interested in fulfilling the Government’s requirements, with all seven expressing intention to bid. The vendor responses received on 16 August 2019 show that the DLITE II vendors still have interest in the requirement. The Government received seven responses out of the nine potential offerors in the FP pool. This same pool of vendors will be solicited for the follow on competitive contract, as discussed under Section 7 above.

While current market research shows multiple vendors currently available to compete, utilizing the current vendor to continue this critical service is the most economical and efficient option available while the follow on competitive action is being prepared. In addition, an alternative vendor, even if it had security vetted linguists that meet the stringent requirements set forth by both the DOD and Headquarters, Department of the Army G2 (HQDA G-2), would require considerable recruiting lead time; thus creating unacceptable delays in linguist support, in addition to vast personnel and financial resources to try and expedite the process to get personnel on ground. Utilizing this current contract vehicle maintains the economy and efficiency of this effort until the follow on competitive action is awarded.

9. Interested Sources: In accordance with FAR 16.505 – Ordering, the Contracting Officer does not need to synopsize an order under IDIQ contracts. In accordance with FAR 5.202(a)(6), the Contracting Officer determined the exception to synopsize this requirement exists so the current action will not be posted on the Government Point of Entry, the Federal Business Opportunities website (www.fedbizops.gov). Therefore, no sources will have the opportunity to express interest in assuming this requirement. The proposed action is being made under the terms of the DLITE I Contract W911W4-11-D- 0007-0003, previously synopsized in sufficient detail to comply with the requirements of FAR 5.207. The DLITE II IDIQ FP pool has nine qualified contractors capable of fulfilling the requirement.

The nine contractors are listed alphabetically:

CALNET, Inc. (CALNET)

CWU, Inc. (CWU)

Global Linguist Solutions, LLC (GLS)

Mid Atlantic Professionals, Inc. DBA: (SSI)

Mission Essential Personnel, LLC (MEP)

SOS International, LLC (SOSi)

Valbin Corporation (VALBIN)I

Valiant Government Services, LLC: formerly ABM Government Services, LLC

(ABMGS)

WorldWide Language Resources, LLC (WWLR)

10. Other Factors: The Government awarded a CPFF Task Order to MEP for a Base Period and Option Periods on , with a PoP start date of . FAR Clause 52.217-8 was included and evaluated at time of award. However, due to fluctuating mission requirements throughout the AOR, changes to the Technical Exhibit for an Increase/Decrease Level of Effort (ILE/DLE) occurred throughout the task order’s POP, which recently have included:

The changes to the level of effort under this task order are detailed below:

http://www.fedbizops.gov/

Base Year:

Modification 02 increased the Base Year cost ceiling by , from to due to an updated technical exhibit decreasing the level of effort and changing the costs associated.

Modification 03 was awarded on , which decreased the Technical Exhibit by FTEs, from to FTEs.

Modification 05 was awarded on , which increased the Technical Exhibit by FTE, from to FTEs. The Base Year cost ceiling was increased by , from to .

Option Year 1:

Modification 07 increased the Option Year 1 cost ceiling by , from to .

Modification 08 was awarded on , which increased the Technical Exhibit by FTEs, from to FTEs. The Option Year 1 cost ceiling was increased by , from to .

Modification 12 was awarded on , increased the Technical Exhibit by FTEs, from to FTEs. The Option Year 1 cost ceiling was increased by , from to .

Modification 15 was awarded on , increased the Technical Exhibit by FTE, from to FTEs. The Option Year 1 cost ceiling was increased by , from to .

Option Year 2:

Modification 16 to exercise Option Year 2 was awarded to support the AOR, which increased the initial estimate by FTEs, from FTEs to FTEs. It increased the Option Year 2 cost ceiling by

, from to .

Modification 19 was awarded on to increase the level of effort by FTEs, from to FTEs. The Justification and Approval for an Exception to Fair Opportunity, Control Number: 2017-0001-0007-0003, was approved on . Modification 19 increased the Option Year 2 cost ceiling by , from to .

Modification 22 was awarded on as a result of a re-evaluation of the requirement conducted by CLIPSO, the AFRICOM validated requirement increased the level of effort by FTEs, from to FTEs. The Justification and Approval for an Exception to Fair Opportunity, Control Number: 18-22, was approved on . Modification 22 increased the Option Year 2 cost ceiling by , from to .

Modification 24 exercised FAR clause 52.217-8 to extend the PoP from to , increasing the total task order cost ceiling by

, from to .

Modification 26 executed an extension modification, decreasing the FTE requirement by FTEs, from to FTEs. The Justification and Approval for an Exception to Fair Opportunity, Control Number: 19-25, was approved on

. Modification 26 executed an extension modification adding and to extend the PoP from to , increasing the cost ceiling by from to .

Modification 27 increased the level of effort by FTEs, from to FTEs.

The Justification and Approval for an Exception to Fair Opportunity, Control Number: 19-38, was approved on . Modification 27 increased the level of effort by FTEs, from to FTEs and the option & cost ceiling by , from to .

Pending approval of this J&A, Modification 31 will increase the level of effort by FTEs, from to FTEs. It will also increase the task order ceiling by from to .

The translation and interpretation services provided in the current action are the same types of services MEP is currently providing, but with an increase of FTEs, and changes to the internal distribution of linguist languages and categories. CLIPSO reviews all the languages and category requirements, in addition to ensuring they are validated by HQDA G-2. As stated above, a competitively awarded task order in support of is currently in solicitation with a projected award in under the DLITE II Force Projection mission area pool of vendors.

11. Technical / 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.

Printed Name: Forrest Evans EVANS.FORREST.A Digitally signed by

EVANS.FORREST.AARON.103299

ARON.1032995973 5973

Date: 2019.10.16 13:30:20 -04'00' Title: Deputy Director, CLIPSO

12. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable through a combination of cost analysis, which will thoroughly analyze the proposed individual cost elements in addition to conducting a price analysis to ensure that the price agreement is consistent with the IGCE and/or historical pricing on the current action. ACC-WRN has a dedicated Pricing Division with trained Cost/Price Analysts who will assist the Contracting Officer by performing the Cost and Price analysis. This analysis will also be supported by a technical review from the requiring activity. Certified Cost or Pricing Data will be required and will form the basis for this analysis.

Printed Name: Eric J. Haydamack HAYDAMACK.ER Digitally signed by

HAYDAMACK.ERIC.J.1368798785

IC.J.1368798785 Date: 2019.10.16 13:22:30 -04'00' Title: Contracting Officer

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

Printed Name: Eric J. Haydamack HAYDAMACK.ER Digitally signed by

IC.J.1368798785 Date: 2019.10.16 13:23:00 -04'00' Title: Contracting Officer

APPROVAL

Based on the foregoing justification, I hereby approve the procurement of contract linguist support on an exception to fair opportunity basis, pursuant to FAR 16.505(b)(2)(i)(A): the agency’s need for these services is so urgent that providing a fair opportunity would result in unacceptable delays. The approval is subject to the availability of funds, and provided that the services herein described have otherwise been authorized for acquisition. The estimated value of this action is .

HAYDAMACK.ER Digitally signed by

IC.J.1368798785 Date: 2019.10.16 14:22:14 -04'00'

ERIC J. HAYDAMACK

CONTRACTING OFFICER