Class JA No.24-0015 (Bus Ops HR)_03112024_Redactedv2.pdf

Go Fast, Think BIG!

DEPARTMENT OF DEFENSE

MISSILE DEFENSE AGENCY

5700 18th STREET

FORT BELVOIR, VIRGINIA 22060-5573

BRIDGE J&A No: 24-0015

CLASS JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION – FAR Part 6

Program/Equipment: Advisory and Assistance Support (A&AS) for Missile Defense Agency (MDA) under two existing cost-plus-fixed-fee (CPFF) legacy Technical, Engineering, Advisory and Management Support (TEAMS) contracts. The TEAMS Business Operations contract provides the MDA with business management support in the following areas: Strategic Planning and Financial Management, Cost Estimating and Analysis, Earned Value Management (EVM), Accounting, and Financial Systems Support and Integrations. The TEAMS Human Resources and Training contract provides support for the development, implementation, sustainment and assessment of human resources processes, procedures, plans and policies to support the MDA workforce.

Authority: The statutory authority permitting other than full and open competition is 10 United States Code (USC) 3204(b)(B), as implemented by Federal Acquisition Regulation (FAR) 6.302- 1(a)(2)(iii)(B) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements Unacceptable Delays in fulfilling the agency’s requirements.

Amount: $28.545M (Inclusive of all options)

1. Agency and Contracting Activity (FAR 6.303-2(b)(1)).

This justification and approval for other than full and open competition is for MDA Consolidated Support (CS) Program Office. The contracting activity is MDA/CSK Contracts Directorate, which provides contracting support to the CS Program Office. The point of contact for this action is .

2. Nature and Description of the Action Being Approved (FAR 6.303-2(b)(2)).

The action approved by this Class J&A (CJ&A) will provide continued A&AS for MDA under two existing CPFF legacy TEAMS contracts. This action will ensure continuity of existing work and avoid disruption of critical A&AS support to various MDA functional organizations while the competitive follow-on TEAMS-Next Agency Operations (Agency Ops) Contract is awarded.

The effort required under this CJ&A is an extension to the existing TEAMS Business Operations and TEAMS Human Resources and Training contracts for six (6) months due to delay in award of the follow-on contract as a result of delays during the evaluation process due to recusals and replacement of source selection members. These extensions are required in order to avoid an imminent break in service as the existing TEAMS contracts expire on March 16, 2024. Whereas the follow-on contract award was originally planned for March 2024, additional time is needed to complete the source selection process, allow margin

Approved for Public Release 24-MDA-11742 (2 Apr 24) for potential protests, and account for the required transition period. Therefore a break in service will occur without approval of the extensions.

Research, development, test and evaluation (RDT&E) funding for this J&A will be provided by the stakeholders on the existing contracts.

3. Description of the Supplies and/or Services Required to Meet the Agency’s Needs (including the estimated value) (FAR 6.303-2(b)(3)).

Approval of this CJ&A provides a mechanism for uninterrupted critical technical and programmatic A&AS services required by MDA functional organizations. T

The estimated cost for the proposed action is $28.545M inclusive of all options.

The critical A&AS requirements covered under this CJ&A provide enterprise-wide efficiencies through centralized management of A&AS support, which focuses on eliminating redundancies, reducing overhead and increasing opportunities for sharing technical expertise throughout the Agency, including:

The TEAMS Business Operations contract provides the MDA with business management support in the following areas: Strategic Planning and Financial Management, Cost Estimating and Analysis, EVM, Accounting, and Financial Systems Support and Integrations. Please note the EVM portion of the Business Operations contract is the only portion NOT being extended, as it is the only portion of that contract effort transitioning to TEAMS-Next Program Planning and Acquisition (PP&A) Award.

Contract Name: TEAMS Business Operations Contract Number: HQ0147-16-C-0028

Award Value: $128,386,947.00

J&A Date Approved Value Aggregate value Purpose

J&A 24-0002 11/26/2023 $7.920M $7.920M Provide uninterrupted critical A&AS services to complete the competitive process

CJ&A 24-0015 In Staffing $24.429M $32.349M

Retain the current A&AS services needed to complete the competitive process and allow the transition period to the follow-on TEAMS Next Agency Ops Contract

This CJ&A extends the POP from March 17, 2024 to September 16, 2024 including options to be exercised as needed.

The TEAMS Human Resources and Training contract provides support for the development, implementation, sustainment and assessment of human resources processes, procedures, plans and policies to support the MDA workforce. This includes supporting the Execution of Human Resources Operations; collection, interpretation, and presentation of human capital data; military personnel planning and support; civilian recruitment, staffing and placement support; training administration and curriculum development; and total force manpower management and planning. This contract also provides support to the Director of Equal Opportunity and Diversity Management (EO) and Science, Technology, Engineering & Mathematics (STEM) program outreach.

Contract Name: TEAMS Human Resources and Training Contract Number: HQ0147-18-C-0038

Award Value: $43,420,969.83

J&A Date Approved Value Aggregate value Purpose

CJ&A 24-0015 In Staffing $4.116M $4.116M

Retain the current A&AS services needed to complete the competitive process and allow the transition period to the follow-on TEAMS Next Agency Ops Contract

This J&A extends the POP from March 17, 2024 to September 16, 2024 including options to be exercised as needed.

4. Statutory Authority Permitting Other than Full and Open Competition (FAR 6.303- 2(b)(4)).

The statutory authority permitting other than full and open competition is 10 USC 3204(a)(1), as implemented by FAR 6.302-1(a)(2)(iii)(B) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, Unacceptable Delays in fulfilling the gency’s requirements.

5. Demonstration of Contractor’s Unique Qualifications or the Nature of the Acquisition Requires use of the Authority Cited (FAR 6.303-2(b)(5)).

TEAMS Business Operations and Human Resources and Training services are currently being provided on two (2) separate contracts as follows:

Business Operations: HQ0147-16-C-0028 Prime Contractor: Veterans Technology

Human Resources and Training: HQ0147-18-C-0038 Prime Contractor: LSINC Corporation

Due to delays surrounding the award of TEAMS Next Agency Ops as further described in paragraph 6 of this CJ&A, it is not feasible to award a new competitive follow-on contract prior to the end of the PoP for the current contracts, which is March 16, 2024. In addition, restarting new competitive contract actions would result in a duplication of effort and costs as this is only a bridge requirement to meet the agency’s needs while the follow-on contract is being completed.

Further, there is no other contractor capable of hiring people and performing the effort short-term without introducing unacceptable delay and mission risk across the MDA Enterprise. The incumbent contractors are currently providing experienced staff with requisite security clearances and familiarity with MDA systems, processes, and operational requirements. Failure to continue uninterrupted contractual coverage for these critical services would create unacceptable risk and negatively impact MDA’s ability to accomplish its mission. Continuation of the current contracts is the only viable solution for providing these mission-essential services without interruption.

Furthermore, extension of the existing contracts will protect the integrity of the competitive process, ensuring a fair and complete source selection and award.

6. Efforts to Obtain Competition (FAR 6.303-2(b)(6)).

On October 2, 2019, an acquisition strategy to consolidate the requirements of the above two (2) contracts into a single follow-on contract titled TEAMS-Next Agency Operations was approved by the Director of the Missile Defense Agency.

The TEAMS-Next Agency Operations Final Request for Proposals (RFP) was issued on January 3, 2023 as a Small Business Set-Aside. There were four (4) Amendments to the RFP. Proposals were received on February 13, 2023 with an anticipated award date of March 2024. During proposal evaluations several key source selection evaluation members were replaced due to retirements and recusal. As a result the evaluation and subsequent award are further delayed.

Due to the expiration of the existing contracts on March 16, 2024, the proposed action is required to allow for completion of the competitive award of the follow-on contract with margin for a potential protest. In addition, no other contractors are capable of performing the short-term bridge efforts without unacceptable delay for a transition period. The incumbent contractors are currently providing experienced staff who have required security clearances and familiarity with MDA systems, processes, and operational requirements. Failure to continue uninterrupted contractual coverage for these critical A&AS services will have an unacceptable negative impact on MDA’s ability to accomplish its mission. Continuation of the current contracts is the only viable solution for providing these mission-essential services without interruption. Furthermore, extension of the existing contracts will protect the integrity of the follow-on competition process thus ensuring a fair and complete source selection and award

7. Determination of Fair and Reasonable Cost (FAR 6.303-2(b)(7)).

The Government retains detailed data on the incumbent contractor’s performance on current contracts and has access to cost/pricing data on other contractors who perform similar service contracts using comparable labor categories. Thorough analysis of proposed prices for the modifications to extend the POPs will be conducted. This analysis will include comparisons of proposed prices to prices previously incurred under these contracts, as well as market analyses for similar services performed by other contractors as applicable. The efforts will provide the Contracting Officer with sufficient data to determine overall price reasonableness of the intended sole source awards.

8. Description of Market Research Conducted (FAR 6.303-2(b)(8)).

Market research was conducted for the initial TEAMS contracts awards, and was completed on April 30, 2015. New market research was conducted for the follow-on TEAMS-Next acquisition, which included three (3) Industry Days held in December 2018, June 2019, and December 2019.

This continuous market research indicated existence of a broad industrial base capable of satisfying MDA’s A&AS service requirements. Therefore, a competitive RFP was issued for the follow-on contract as described above and multiple offers were received in response to the RFP.

The market research conducted indicated there is a competitive market for this requirement and multiple offerors proposed in response to the RFP. Based on the market research conducted and the competitive source selection, MDA has adequate insight into the market for these services and a Request for Information or Sources Sought Notice would not likely provide any additional useful information to support the acquisition strategy.

9. Any Other Facts Supporting the Use of Other Than Full and Open Competition (FAR 6.303-2(b)(9)).

The Teams Next Agency Ops solicitation was issued on January 3, 2023 and the source selection has experienced significant un-mitigatable delays due to recusal and replacement of multiple source selection members requiring reevaluation and learning to ensure proper evaluations and avoidance of any potential conflicts of interest. This critical evaluation process resulted in an estimated six (6) month delay in the Teams-Next award which is why these extensions are necessary in order to meet the Agency’s critical mission.

These sole-source contract extensions will provide for vital mission services to continue uninterrupted as the competitive follow-on acquisition is completed.

10. Listing of Sources (FAR 6.303-2(b)(10)).

On July 19, 2023, the MDA Director, as Head of the Contracting Activity and in accordance with Defense Federal Acquisition Regulation Supplement Procedures, Guidance, and Information (DFARS PGI) 206.302-1(d), delegated authority to waive the requirement to post a Request for Information or Sources Sought Notice to the Director for Contracting. The execution of this J&A by the delegee waives the requirement to post a Request for Information or Sources Sought Notice for the bridge effort in accordance with DFARS PGI 206.302-1(d).

11. Actions Taken to Remove Barriers to Competition (FAR 6.303-2(b)(11)).

For the purposes of this Class J&A, the required extensions apply to existing TEAMS contracts and the current contractors are the only responsible sources to provide uninterrupted A&AS services while the TEAMS-Next acquisition is ongoing. Open competition was achieved during the initial solicitation. The acquisition approach for the TEAMS-Next contract is being conducted using a small business set-aside competition.

12. Technical/Requirements Official Certification (FAR 6.303-2(c)). I certify that this justification for other than full and open competition is made in good faith and that the supporting data and information are accurate and complete to the best of my knowledge and belief. I further certify that this request is not the result of a lack of advance planning.

Program Manager, Consolidated Support, CS

13. Contracting Officer (FAR 6.303(b)(12)). I have determined that the anticipated cost to the Government will be fair and reasonable and certify that the justification is accurate and complete to the best of my knowledge and ability.

Contracting Officer, CSK

14. Legal Counsel. I have reviewed the justification and determined it to be legally sufficient.

Deputy General Counsel for Acquisition Law

15. Contracting Director (Program Level). I have reviewed the justification and recommend it be approved.

Director of Contracts, CSK

16. Recommendation of Competition Advocate. I recommend approval of the above justification.

Competition Advocate, MDA/DA

17. Approval (FAR 6.304). In accordance with FAR Part 6.304, the above justification for other than full and open competition and the waiver of the DFARS PGI 206.302-1(d) requirement is hereby approved.

Director for Contracting, MDA/CT