J&A redacted-.pdf

Control No: 2020-7 Contractor: Combined Technical Solutions, LLC

Program: Test Support Services

FOR OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

FAR PART 6 JUSTIFICATION AND APPROVAL FOR OTHER

THAN FULL AND OPEN COMPETITION

Program/Equipment: The United States Army Operational Test Command (USAOTC) has a requirement for Test Support Services.

Authority: 10 U.S.C. 2304(c)(1) as implemented by FAR Part 6.302-1 -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

Amount: $2M

Prepared by: Natasha L. Elder DSN: 737-4022 Contract Specialist Date: 13 Nov 2019 Email: natasha.l.elder.civ@mail.mil

Contracting Officer: Belinda Woods DSN: 737-2019 Contracting Officer Date: 15 Nov 2019 Email: belinda.woods.civ@mail.mil

Technical:

Contracting Officer Representative Date: 15 Nov 2019

Requirements:

Chief, Contract Mgmt. Division, G4 Date: 15 Nov 2019

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

Program Manager:

__ Date: See Digital Signature

Small Business Specialist:

__ _ Date: See Digital Signature

Director, MICC-Fort Hood:

_ Date: See Digital Signature

Assistant Director, Small Business Program:

Date: See Digital Signature

MICC Office of Counsel:

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

1. Contracting Activity: Mission and Installation Contracting Command - Fort Hood (MICC- FH), 36000 Darnall Loop, Room 1300B, Fort Hood, TX 76544-5095.

2. Description of Action: The U.S. Army Operational Test Command (USAOTC) requests approval to extend the period of performance for the Test Support Services Cost Plus Fixed Fee (CPFF) contract, W91151-13-D-0005, at Fort Hood, Texas for four

(4) months with Combined Technical Services (CTS), LLC, Box 1809, Copperas Cove, Texas 76522. The Government projects award of this extension by 19 December 2019 using fiscal year 2020, Research, Development, Test & Evaluation (RDT&E) funds.

3. Description of Supplies/Services: This contract provides services in support of USAOTC test mission general requirements.

a. Test operations support that includes test planning, field test support, data collection and reduction, data base management, and support for test report preparations.

b. Test operations logistics support that involves the preparation and maintenance, as required, of the test site.

c. Maintenance and non-developmental item (NDI) enhancement to existing test instrumentation systems that are provided to the contractor as Government Furnished Property (GFP).

d. Maintenance and dispatch services for test support vehicles and generator fleet.

Period of Performance: 1 January 2020 to 30 April 2020

Total Value: $2M.

4. Authority Cited: 10 U.S.C. 2304(c), as implemented by FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. Reason for Authority Cited:

a. As described at FAR 6.302-1(a)(2) when the supplies or services required by the agency are available from only one responsible source, or, for Department of Defense (DoD), NASA, and the Coast Guard, from only one or a limited number of responsible sources, and no other type of supplies or services will satisfy agency requirements, full and open competition need not be provided for.

b. On 21 December 2018, W91151-19-R-0003 was issued as a competitive small business set aside solicitation. The solicitation was scheduled to close on 22 January 2019.

The proposed four months will allow the Government to complete the evaluation, and make contract award by March 2020. Additionally, it would take a minimum of 30 days to transition test support requirements to another contractor. This contract extension is necessary to provide continued support for ongoing operational test activities and test support for multiple Army and DoD level programs at USAOTC.

c. Alternatives:

1) Suspension of Contract support. The support services provided by the test support contractor are ongoing and critical to mission accomplishment. USAOTC has a statutory mission to conduct independent operational tests for material and equipment prior to full scale production in accordance with 10 U.S.C. Section 2399. Suspension of the test support services would cause major, if not critical disruption to the USAOTC’s mission. A break in support would disrupt all scheduled operational tests, significantly increasing the cost of impacted programs and delaying delivery of critical equipment and upgrades into the hands of Soldiers. Therefore, this alternative is not viable.

2) Use of In-House Resources. USAOTC lacks sufficient manpower, technical expertise, and resources to perform the required test support services. Acquiring adequately trained personnel within the Government is not contemplated by the U.S.

Army in the foreseeable future. Attempting to initiate actions to increase Government workforce to accomplish this mission would take years and result in mission failure during the time required to adequately recruit and staff a trained workforce. This alternative is not viable.

3) Conduct a competitive acquisition for a bridge contract. This alternative is not viable because there is insufficient time to competitively award a new contract, phase-in a new contractor, transfer and account for the large inventory of GFP, verification of data, obtaining security clearances, and allow for familiarization with ongoing tests.

There would be significant degradation in test support as contractors’ transition in the midst of testing. Any contractor other than the incumbent does not have sufficient equipment or trained manpower readily available on short notice to seamlessly assume the performance of these ongoing tests and services. It is highly likely that award to any other source would result in unacceptable delays in fulfilling the agency’s requirements.

4) Extend the current contract on a non-competitive basis. Negotiating an extension with the incumbent is the only viable option to provide continuity of operations and support without jeopardizing USAOTC’s ongoing test and evaluation mission, and ensuring there will be no degradation of services in this highly technical requirement.

Award to any other source would result in a minimum of 30 days delay in fulfilling the agency’s requirements and would not be in the best interest of the Government.

d. Impact if not approved: Not approving this extension will result in a lapse in service and USAOTC’s failure to execute its operational testing mission in accordance with the approved testing schedule, and failure to meet its statutory requirements in accordance with 10 U.S.C. Sections 139 and 2399.

6. Efforts to Obtain Competition: The solicitation for the follow-on contract was synopsized as a 100% small business set-aside posted to the Federal Business Opportunities (FBO) website on 20 November 2018 and two or more proposals were received.

a. Effective Competition: Because this is a sole source extension, effective competition is not applicable.

b. Subcontracting Competition: Under the current contract, CTS projected more than 37 percent of total contract dollars to be allocated equitably amongst small business. As a result of this extension of services, CTS will provide a revised subcontracting plan with its proposal to the Government prior to award of the extension.

The plan will be reviewed by the Small Business Specialist and Small Business Administration.

7. Actions to Increase Competition: As indicated above, this is an interim action to allow continued performance with the incumbent contractor on a sole-source basis for continuity of service while the Government prepares and completes all pre-award documents and reviews required to award a follow-on contract.

8. Market Research: Market research for this requirement under the current contract was conducted in April 2014 and is too old to be of any use in describing today’s market. Market research for the follow-on requirement was conducted on 27 June 2017 and revised on 4 December 2018. A sources sought was published on beta.SAM.gov website on 10 December 2019 and closed on 13 December 2019. Two responses were received

9. Interested Sources: There are two (2) interested sources. See paragraph 8 above for additional information.

10. Other Facts:

a. Procurement History: Contract W91151-13-D-0005 has an extensive history of protest, corrective actions and re-award spanning the last six (6) years. The most recent award of this contract was on 21 August 2015. The period of performance was from 4 September 2015 through 3 September 2018. FAR 52.217-8 Option to Extend Services was utilized and the contract was extended through 3 March 2019. Because of delays to the procurement of the follow-on in part due to numerous changes to the PWS base and a substantiated number of questions from interested vendors, the contract was extended through 31 December 2019. A Justification and Approval (MICC 2019-35) under the cited authority of FAR 6.302-1 was prepared for an extension through 31 December 2019 and approved by the Command Advocate for Competition on 1 March 2019. A summary of paragraph 7 is as follows: Actions to Increase Competition. This is an interim action to allow continued performance with the incumbent contractor on a sole source basis for continuity of service while the Government prepares and completes all pre-award documents and reviews required to award a five (5) year contract projected in December 2019.

Initially, contract W91151-13-D-0005 was awarded on April 18, 2013 to CTS at an estimated contract value of $50 million. The contract was a three (3) year CPFF Indefinite Delivery Indefinite Quantity (IDIQ) type contract and included no options. The acquisition was solicited as unrestricted full and open competition and awarded to a single contractor. On 29 April 2013, the General Accountability Office (GAO) notified MICC-FH that unsuccessful offeror Research and Analysis Maintenance, Inc. (RAM) had filed a timely protest. The GAO protest triggered the automatic stay of contract performance mandated by the Competition and Contracting Act (CICA). On 6 May 2013, an additional protest was received from ManTech international Corp. (ManTech), another unsuccessful offeror. During all protests listed in this paragraph and paragraphs below, the successful offeror, CTS performed the requirement.

A 90-day interim contract W91151-13-C-0031 was issued to CTS for the period 3 June 2013 to 31 August 2013. RAM filed an agency protest on the interim contract on 4 June 2013 and work under the interim contract was suspended on 6 June 2013. A request for “Authorization to Proceed notwithstanding the Agency Protest” was submitted on 25 June 2013 and approved by the Commander, U.S. Army Contracting Commanding on 28 June 2013 and the suspension was lifted. In response to the GAO protests, the Army decided to take corrective action to (1) confirm the adequacy of the Awardee’s

International Corp. (ManTech), accounting system with the Defense Contract Audit Agency; (2) reevaluate cost; and (3) prepare a revised Source Selection Decision Document (SSDD). While the corrective action was underway the interim contract was extended for three (3) additional months under FAR 52.217-8, Option to Extend Services from 1 September 2013 to 30 November 2013. The agency’s corrective action was completed on 17 October 2013 and re-award of Contract W91151-13-D-0005 was made on 23 October 2013. Two GAO protests were filed (RAM and ManTech) against the re-award of Test Support Contract W91151-13-D-0005 on 12 November 2013. Contract W91151-13-C-0031 was extended using FAR 52.217-8 for the remaining three (3) months from 1 December 2013 to 28 February 2014. Both GAO protests of the re-award were dismissed on 12 February 2014 due to Agency corrective action to 1) re-evaluate Mission Capability (Technical); 2) re-evaluate cost, and 3) prepare a revised source selection decision document based on evaluation results. Therefore, a second interim bridge contract W91151-14-C-0014 based on limited competition was awarded on 26 February 2014 with a period of performance date of 1 March 2014 to 31 May 2014 and two (2) three (3) month option periods. Previous technically acceptable offerors were the only entities permitted to submit proposals, thus limiting competition. Contract W91151-14-C-0014 was terminated for convenience on 11 March 2014 due to an administrative error in the Contract Line Item Number (CLIN) system that could not be corrected by modification.

Contract W91151-14-C-0018 was issued on 11 March 2014 as a replacement contract under the same terms and conditions as the previously cancelled contract. An Agency protest to AMC was filed by RAM on 11 March 2014. Work was suspended on contract W91151-14-C-0018 on 17 March 2014. After submittal of the override request to ACC, MICC agreed to terminate the second interim bridge contract and issue a short term (two month) interim bridge contract. Contract W91151-14-C-0018 was terminated for convenience and the third interim bridge contract W91151-14-C-0020 was awarded on 24 March 2014 with a performance start date of 25 March 2014. The contract was for one (1) month with a one (1) month option period starting 25 March 2014 and ending 24 May 2014. Under FAR 52.217-8 the third interim contract was extended for six (6) months ending on 24 September 2014. A series of extensions were completed with the period of performance ending 3 September 2015.

b. The table below shows previous awards:

Contract Contract Dates

Award Amount

Contract Type

Solicited/Small or Large

Contractor

W9115U-07-D-

09/05/07 to 09/04/12

$179M CPAF Unrestricted/ Large

Research Analysis and Maintenance Inc.

*DATM01-02-

C-0004

03/01/02 to 12/31/06

$222.4M CPAF Unrestricted/ Large

Test and Experimentation Services Company

*Note: Award of contract DATM01-02-C-0004 was administratively renumbered to contract W9115U-07-C-0001 when FAR clause 52.217-8 was exercised with a period of performance of 1 January 07 to 30 June 07.

*Note: Award of contract DATM01-02-C-0004 was administratively renumbered to contract W9115U-07-C-0001 when FAR clause 52.217-8 was exercised with a period of performance of 1 January 2007 to 30 June 2007.

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 knowledge and belief.

Chief, Contract Management Branch, G4

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.

_ __ Date: See Digital Signature

Director, G-4, OTC

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 based on FAR 15.404-1(c)(1) “Cost Analysis.” In accordance with FAR 15.403-3 data other than certified cost or pricing data is required. The extension will be negotiated. As such, a fair and reasonable determination will be based on verification of cost data and evaluation of cost elements including the application of audited or negotiated indirect cost rates, labor rates; reasonableness of estimates generated by appropriately validated cost estimating relationships; and projection of the offeror’s cost trends, on the basis of current and historical cost data.

__________ Date: See Digital Signature Belinda Woods Contracting Officer

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

_ ___________ Date: See Digital Signature Belinda Woods Contracting Officer

Approval

Based on the foregoing justification, I hereby approve the procurement of Test Support Services on an other than full and open competition basis pursuant to the authority of Title 10 United States Code 2304(c)(1) - Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. The estimated value of the contract extension is $2 million for a period of performance from 1 January 2020 through 31 April 2020. The approval is subject to availability of funds, and provided that the services or property herein described have otherwise been authorized for acquisition.

Alternate Command Advocate for Competition U.S. Army Mission and Installation Command, JBSA Fort Sam Houston, TX