WSMR_JA_2017_3_UpRange_Security_Final_Redacted.pdf

MICC Control No: 2017-3 Contractor: Ahtna Support and Training Services

Program/Equipment: White Sands Missile Range Up-Range Security Support Services

FOR OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

FAR PART 6 JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPET ITION

Description of Program: Up-range Security Services for White Sands Missile Range

Authority: 10 U.S.C. 2304(c)(2), as implemented by FAR 6.302-2, Unusual and Compelling Urgency.

Estimated Amount:

Prepared by:

Contracting Officer:

Technical:

Requirements:

FAR Part 6 Justification and Approval for Other than Full and Open Competition

1. Contracting Activity: Mission and Installation Contracting Command - Fort Bliss (MICC-Fort Bliss), 1733 Pleasanton Road, Fort Bliss, TX 79916

2. Description of Action: The Installation Management Command (IMCOM) and Army Test and Evaluation (ATEC) request approval of an interim (bridge) Firm Fixed Price (FFP) business arrangement under contract W911SG-16-P-0156, with Ahtna Support Training Services (ASTS), a previous 8(a) Alaskan Native Corporation located at 1O W.

381h Ave, Ste. 2000, Anchorage, Alaska 99503-5677.The Government awarded this contract on 30 September 2016 utilizing Fiscal Year 2016 (FY16), Operations and Maintenance (OMA) in the amount of due to a Government Accountability Office (GAO) protest received in response to award of the five-year follow-on contract for Up-Range Security Support Services to MISTIC, Inc. under contract number W911SG- 16-C-0008 on 16 September 2016. A Justification and Approval (J&A) is being sought since ASTS graduated from the 8(a) program in September 2016 and the six-month extension under FAR 52.217-8, included in the previous contract (W9124Q-14-C-0001) was not evaluated at time of award. Therefore , in accordance with (IAW) Code of Federal Regulations (CFR) Title 13, Chapter 1, Part 124.514, Exercise of 8(a) options and modifications (a)(1) a new contract action was required to be entered into.

The Director of Mission and Installation Contracting Command - Fort Bliss approved an acquisition plan in accordance with DFARS 207.103(d)(i)(B) on 30 September 2016 .

3. Description of Supplies/Services: The U.S. Army Installation Management Command (IMCOM) has a statutory mission to provide base life support services and security for WSMR in support of the Army Test and Evaluation Command (ATEC) test mission. This non-personal services contract provides security guard services for the northern part of WSMR , New Mexico; the northern range is a restricted area and only authorized personnel are allowed access. The contractor is required to provide security guard services that include roving patrols, posted guards , access control, road blocks and security sweeps in support of the test range mission. This requirement is for an interim (bridge) contract to allow continuation of services for a period of performance up to four (4) months starting 30 September 2016 .

4. Authority Cited: 10 U.S.C. 2304(c)(2) , as implemented by FAR 6.302-2, Unusual and compelling urgency.

5. Reason for Authority Cited:As described at FAR 6.302-2,when the agency's need for the supplies or services is of such an unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals , full and open competition need not be provided for .

The Mission and Installation Contracting Command-Fort Bliss awarded contract W91 1SG-16-C-0008 on 16 September 2016. A post award protest was filed with the Government Accountabi lity Office (GAO) by Ahtna Facility Services (AFS), a sister company to the incumbent contractor , on 26 September 2016. A Competition in Contracting Act (GICA) Stay was directed and a stop-work order was issued to the awardee (MISTIC) on 27 September 2016. This interim (bridge) contract was necessary to ensure continuity of security services to the WSMR northern range as this is a controlled access area and contracted security services are necessary for safety and security during ongoing test activities for multiple Army and Department of Defense programs. This interim contract will provide the necessary levels of service during the period required for the GAO to rule on the protest of the five-year follow-on contract award.

a. The requirement for security support services has been continuously contracted since 1973. Since that time, the law has changed and does not allow new acquisitions for security-guard services. DFARS clause 237.102-70 allows the Government to continue contracting for this support as long as the support remains continuous with no lapse in service. Should this service lapse , WSMR would no longer be able to contract for vital security services.

b. WSMR regularly conducts live ordnance testing of a sensitive nature. Access to the range must be controlled for personnel safety and security of sensitive test projects.

Failure to provide security services in the northern part of the range will compromise safety and National Security.

c. WSMR covers a physical land space of over 2 ,000,000 acres. WSMR does not have sufficient military or civilian personnel on staff to accomplish the necessary static site security, road blocks during testing, and roving patrols to successfully secure the physical land mass.

d. Contract W911SG-16-C-0008 was awarded on 16 September 2016 for the five-year follow-on requirement to W9124Q-14-C-0001 to provide the required security services. The follow-on contract was competed as a small business set aside. The contracting officer issued a stop work order due to an interested party filing a timely GAO protest on 26 September 2016 which required an automatic GICA stay of performance .

e. Interim (bridge) contract W911 SG-16-P-0156 was awarded on 30 September 2016 to ASTS, the incumbent for W9124Q-14-C-0001 . ASTS personnel are trained and familiar with current technical requirements, contract terms, and conditions. The intent of this justification is to continue vital security services in support of the WSMR test mission. No other contractor has sufficient equipment and trained workforce readily available to assume performance of security services. Awarding this contract to ASTS for a period of up to six months was determined to be in the best interests of WSMR and the U.S. Government to allow time for GAO to render a decision, complete corrective action if necessary, and transition to a new contractor without a break in service.

6. Efforts to Obtain Competition: In accordance with FAR 5.202(a)(2), this action will not be synopsized.

7. Actions to Increase Competition: No actions were taken to attempt to obtain competition for this interim (bridge) contract. The incumbent contractor ASTS currently performs security services and has the requisite knowledge and personnel on hand that can perform the existing security requirements. Competition was provided for and solicited as a 100% small business set-aside under solicitation W911SG-16-R-1010 resulting in the award of contract W911 SG-16-C-0008 which is under protest. This action provides an interim effort while the GAO protest is being resolved.

8. Market Research: The initial market research for the security guard services at White Sands Missile Range (WSMR) was completed in August 2015. Six (6) firms (small and 8(a)) responded to the sources sought synopsis. The acquisition, based on the market research, was planned as a 100% small business set-aside. Subsequently, at MICC- Bliss' bi-annual Small Business Forum, held by the MICC-Fort Bliss office in mid- February 2016 , approximately sixteen (16) small business companies expressed interest in this follow-on requirement. In addition, a pre-solicitation notice issued on 29 March 2016 resulted in several companies reaching out to the contract specialist for further information on the up-coming solicitation. The solicitation, as a result of this information, was issued as a 100% small business set-aside to which six (6) proposals were received from industry.

9. Interested Sources: In accordance with FAR 5.202(a)(2) , this action will not be synopsized.

10. Other Facts:

a. Procurement History: Contract W9124Q-14-C-0001 ,a 100% small business set aside, was awarded by the MICC-WSMR office on 01 October 2013. However, during the base period of performance and first option year of the contract , the contractor did not perform successfully. As a result, the requiring activity requested that the second option year not be exercised; thereby, creating an immediate need to put a replacement contract in place.

The Government , based on its immediate need, awarded a sole source bridge contract, W9124Q-15-C-0001 , to Ahtna STS an Alaskan Native Corporation in coordination with the Small Business Administration. This bridge contract provided the Government time to plan, solicit, and award a competitive follow-on contract.

A Request for Proposal (RFP) was issued on 6 May 2016. Three (3) amendments were issued to respond to questions and correct administrative errors. Six (6) proposals were receive by the 24 Jun 16 closing date. A Lowest Priced Technically Acceptable source selection was conducted and, based on the results, a contract was awarded to Matrix International Security Training (MISTIC), Inc. on 16 September 2016. The award of that competitive contract, W911 SG-16-C-0008 , to other than the protester is the basis for this J&A.

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 which are included in the justification are accurate and complete to the best of my knowledge and belief.

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.

te: See Digital Signature

Program Manager

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable. The rates are based on those currently determined to be fair and reasonable from the previous contract W9124Q-14-C-0001, subject to adjustments resulting from revisions to prevailing labor rates provided by the Secretary of Labor, and an Independent Government Cost Estimate (IGCE). Certified Cost and Pricing Data is not required as excepted by FAR 15.403(b)(3). This determination will be made using the IGCE . As a part of this basis, certified cost or pricing data will not be required and the following exception applies (FAR 15.403): a commercial item is being acquired.

Contracting Officer

Date: See Digital Signature

14. Contracting Officer Certification: Icertify that this justification is accurate and complete to the best of my knowledge and belief.

Date: See Digital Signature

Contracting Officer