A02-Exception to Fair Opportunity (EFO) Justificaiton-W15P7T12DE005 KX04 81-Worldwide Field Support.pdf

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Control No: JA-E-21-121 Contractor: ManTech Advanced Systems International, INC.

Program/Equipment: Worldwide Systems Field Software Support

JUSTIFICATION REVIEW DOCUMENT

FAR PART 16 EXCEPTION TO FAIR OPPORTUNITY JUSTIFICATION

For Actions Exceeding the Simplified Acquisition Threshold (SAT)

Program/Equipment: The U.S. Army Communications-Electronics Command (CECOM) Software Engineering Center (SEC) provides Post Production Software Support/Post Deployment Software Support (PPSS/PDSS) Field Service Representatives (FSRs) to the Warfighter worldwide for Garrison, exercise, combat operations, contingencies, and to the users of Army Command, Control, Communications, Computers, Cybersecurity, Intelligence, Surveillance and Reconnaissance (C5ISR), Logistics and Business software.

Authority: 10 U.S.C. 2304c (b)(3) as implemented by FAR Part 16.505(b)(2)(i)(C) 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.

Amount: $22,098,204.88

Prepared by: DSN: XXX-XXXX Date: 03/10/2021

Contracting Officer: DSN: XXX-XXXX Date: 03/10/2021

Technical: DSN: XXX-XXXX Date: 03/10/2021

Requirements: DSN: XXX-XXXX Date: 03/10/2021

XXXXX XXXXX

Email: XXXX.civ@mail.mil

XXXXX XXXXX

Contracting Officer Email: XXXXX.civ@mail.mil

XXXXX XXXXX

Email: XXXXX.civ@mail.mil

XXXXX XXXXX

Chief, Field Support Division Email: XXXXX.civ@mai.mil

Contractor: ManTech Advanced Systems International, INC.

Program/Equipment: Worldwide Systems Field Software Support

Reviews: I have reviewed this justification and find it adequate to support an exception to fair opportunity.

Signature:

DSN: XXX-XXXX

Date:

Legal Counsel:

Name: XXXXX XXXXX

Signature:

Command Advocate for Competition: Name: XXXXX XXXXX

DSN: XXX-XXXX

Date:

Contractor: ManTech Advanced Systems International, INC.

Program/Equipment: Worldwide Systems Field Software Support

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FAR Part 16 Exception to Fair Opportunity Justification Under Multiple Award Indefinite Delivery Contracts

For Actions Exceeding the Simplified Acquisition Threshold (SAT)

1. Contracting Activity:

US Army Contracting Aberdeen Proving Ground

ATTN: CCAP-CCE

6565 Surveillance Loop, Building 6001 Aberdeen Proving Ground, MD 21005

2. Description of Action: CECOM SEC requests a 4-Month extension (1 March 2021 5 July 2021) to Task Order KX04 on Contract W15P7T-12-D-E005 on a Cost Plus Fixed Fee Term (CPFF) basis for labor and Cost Reimbursement No Fee (CRNF) basis for Other Direct Costs (ODCs)/Travel with ManTech Advanced Systems International, Inc. 2251 Corporate Park Drive, Herndon, VA 20171-4839. The previous contract extension period of 11 January 2020 through 10 January 2021 had a ceiling estimate of $66,162,408.00. Modification 77 of Task Order W15P7T-12-D-E005-KX04 extended existing Sub Line Item Numbers (SLINs) out to 28 February 2021 because funds had not been fully expended nor had any of the extended SLINS been on the task order for more than 12 months. Additionally, with this modification we were still within the ceiling estimate of $66,162,408.00 for the period. These extensions of existing SLINs revised the performance periods, but did not add additional funds. The proposed extension, Modification 81 represents an increase to the Task Order KX04 by $22,098,204.88. The review of this document is needed by 28 February 2021 to ensure the extension modification can be executed by 1 March 2021. Fiscal year 2021 Operations and Maintenance (OMA) funds will be used for the task order extension.

The acquisition plan was approved 11 February 2011 at the solicitation phase of the multiple-award Software and System Engineering Services (SSES) Next Generation (NexGen) Indefinite Delivery and Indefinite Quantity (IDIQ) base contract. A separate acquisition plan is not required for individual task orders.

3. Description of Supplies/Services: The services required provide Post Production Software Support/Post Deployment Software Support (PPSS/PDSS) to the Warfighter worldwide involving a wide range of garrison functions, exercise and combat operations and contingencies operations. These services support users with strategic and tactical command and control, communications, computer (C4) systems and maintenance of business, and logistics management systems. Support also includes initializing, placing

Contractor: ManTech Advanced Systems International, INC.

Program/Equipment: Worldwide Systems Field Software Support

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into operation, and troubleshooting the hardware and software interfaces of these systems. The scope of this requirement identifies and resolves a broad range of technical issues affecting supported systems, to include factors affecting normal system operations which result in the cost effective, efficient, and reliable operation of all supported systems.

The following systems are utilized by SEC in its field support mission: Battle Command Server (BCCS), Global Command and Control System-Army (GCCS-A), Advanced Field Artillery Tactical Data System (AFATDS), Joint Automated Deep Operations System (JADOCS), Joint Battle Command - Platform (JBC-P), Blue Force Tracker Aviation (BFT- A), Warfighter Information Network Tactical (WIN-T) Regional Hub Node (RHN), Combat Survivor Evader Locator (CSEL), Mission Command Training Center (MCTC), Sustainment Automation Support Management Office (SASMO), DCGS-A Fixed, DCGS-A IPC(v)1 Intelligence Processing Center (v)1, DCGS-A IPC(v)1 Intelligence Processing Center (v)2, PROPHET, Tactical Ground Station (TGS), Operational- Intelligence Ground Station (OGS) and Counterintelligence Human Intelligence Automated Reporting and Collection System (CHARCS). Task order KX04 also provides Field Software Engineer (FSE) and trainer support to the Outside the Continental United States (OCONUS) Mission Command Training Centers (MCTCs).

Period POP Proposed/Estimated Value Actual Funded

Base 09/23/16 - 01/10/18 $44,840,057.00 $58,745,802.89

Option Period 1 01/11/18 - 01/10/19 $54,078,371.00 $67,291,832.68

Option Period 2 01/11/19 - 01/10/20 $52,969,440.00 $63,462,551.86

12-Month Extension

01/11/20 - 01/10/21 $66,162,408.00 $64,042,921.30

Extension of POP for Existing SLINs

01/11/21 - 02/28/21 $0.00 See Note 2 Below $0.00

4-Month Extension

03/01/21 - 06/30/21 $22,098,204.88 N/A

Note 1: Actual Funded column reflects the total amount funded in each period. The difference between the proposed and funded columns is the result of cost overruns experienced during each performance period. The cost overrun was a direct result of

Contractor: ManTech Advanced Systems International, INC.

Program/Equipment: Worldwide Systems Field Software Support

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higher actual direct labor rates than proposed. The Government fully funded all cost overruns in prior periods.

Note 2: The period of performance extensions for existing SLINs were issued under Mod 77 on Task order W15P7T-12-D-E005-KX04 to utilize excess hours that resulted from reduced level of effort as result of the COVID-19 pandemic and unused labor ceiling associated with CLINS 7002, 7003, 7004, 7012 and 7013.

The estimated value for the extension on Task order W15P7T-12-D-E005-KX04 is supported by an Independent Government Estimate (IGE). The components of the IGE are broken out as follows:

Labor $15,797,183.19 Travel & ODCs $5,353,190.70 Fee $947,830.99 Total $22,098,204.88

The labor portion reflects in excess of 300 over 16 different labor categories. The Government estimate has been derived based on actuals currently being incurred under Task Order KX04.

4. Authority Cited: This extension is being issued pursuant to 10 U.S.C. 2304c (b)(3) as implemented by FAR Part 16.505(b)(2)(i)(C) 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.

5. Reason for Authority Cited: ManTech Advanced Systems International, Inc. is currently performing World Wide Field Support under Contract Number W15P7T-12-D- E005, Task Order KX04. All SSES NexGen multiple award contract holders were provided an opportunity to compete for the current field support effort. ManTech Advanced Systems International, Inc. was competitively selected for Task Order KX04 and received the award on 23 Sep 2016. ManTech Advanced Systems International, Inc. is the incumbent contractor and is currently the only contractor with the necessary manpower, skills and direct familiarity with the requirement to continue to perform this requirement without an impact to mission execution during the four (4) month period required to allow for the award of the Task Order re-compete and 90-Day transition period for the new contract vehicle. One previous 12-Month EFO has been approved by the Senior Contracting Official (SCO) for the Period of Performance of 11 January 2020 through 10 January 2021 (control number JA-20-E-0038). This EFOJ was approved based upon the authority of 10 U.S.C. 2304c (b)(3) as implemented by FAR Part 16.505(b)(2)9i)(C) 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

Contractor: ManTech Advanced Systems International, INC.

Program/Equipment: Worldwide Systems Field Software Support

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the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

The requested extension is required to maintain continuity of essential mission critical FSR support to the SEC C5ISR systems that are only provided under the SSES NexGen Contract W15P7T12-D-E005, Task Order KX04. Based on the circumstances described, ManTech Advanced Systems International, Inc. is the only contractor that can reasonably and realistically provide the required Field Support Services without interruption of services. Field Support Services are the primary means to provide System Administration in maintaining the next iterations of the C5ISR systems. The current Field Support workforce maintains all required certifications, along with special training required to support the C5ISR systems without delay. Without this critical tactical and operational intelligence collection and analysis capability, units in combat will be unable to collect and analyze local and nation-level intelligence information. This will result in a lack of awareness of enemy activity in hostile locations and a significant increase in cyber threats to the United States (US) combat forces, which reduces operational readiness. Transferring responsibility to another contractor at this time would cause an unacceptable risk to the Warfighter.

The follow-on effort, currently estimated to be awarded 6 April 2021, was solicited on a fair opportunity basis to all Responsive Strategic Sourcing for Services (RS3) Multiple Award (MATO) contract holders. The follow-on task order that is in progress will combine two related FSR efforts into one combined contract action. These two efforts are the FSR Hardware Support currently under contract GS00Q14OADU312, ending in December 2021 and the World Wide Field Support Services under Task Order KX04 on Contract W15P7T-12-D-E005, ending 28 February 2021.

Event Date First RFI Released May 2019 Industry Responses Received June 2019 Government Re-evaluates Requirement and Updates SOO/PWS Per Industry Comments

June 2019 October 2019

Second RFI Released October 2019 Government Updates to Documentation Made

October 2019 November 2019

Third RFI Released November 2019 Revisions to Requirements Based Upon Market Research and Staffing of Consolidation Memo to DASA(P)

November 2019 July 2020

Solicitation Issued July 2020 Phase I Proposals July 2020

Contractor: ManTech Advanced Systems International, INC.

Program/Equipment: Worldwide Systems Field Software Support

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Solicitation Amendment I August 2020 Solicitation Amendment II August 2020 Phase II Proposals September 2020 Solicitation Amendment III September 2020 Oral Presentations Conducted October 2020 Solicitation Amendment IV November 2020 Solicitation Amendment V Feb 2021

The period of performance for the current Task Order W15P7T-12-D-E005-KX04 was set to expire on 10 January 2021. However, existing SLINs were extended for 49 days from 11 January 2021 to 28 February 2021 in order to use the remaining unused hours and unused ceiling that resulted from reduced level effort and reduced activities caused by

COVID-19.

Recognizing that the SLIN extensions would not be adequate to cover the schedule slip of the follow-on competitive task order award, the Government began to draft requirement documents to support a task order extension in early December 2020.

However, budget uncertainties made requirement definition impossible under the continuing resolution because the 8 mission partners could not anticipate what their funding budget would be until the defense budget was passed in January 2021. Not knowing budget limits delayed finalizing the estimate for the second task order extension requirement. Requirement definition continued after the budget was passed in January 2021.

The award of the new competitive follow-on task order is planned for 6 April 2021. To ensure there is no gap in Field Support services and to allow for a 90-Day transition period for the new task order, the Government needs to extend Task Order KX04 for an additional 4 months approximately from 1 March 2021 to 5 July 2021. This extension will allow the Government to seamlessly transition the Field Support requirements from KX04 to the combined Field Support effort in a holistic manner that does not interrupt mission support.

Even though Jacobs has stated an interest in the short term requirement, the Government knows the short term solicitation, award and staffing cannot be achieved in four months because the competitive solicitation has been ongoing for more than a year.

It is not likely that a solicitation can be issued, proposals received and evaluated, award made and staff hired and in place by 1 March 2021. The competitive solicitation as noted in the milestone chart below has 7 months programed for receipt of offers through award, which does not take into account issuance of solicitation and evaluation of offers.

For these reasons, the Government is confident award of a short term award is not possible by 1 March 2021.

Contractor: ManTech Advanced Systems International, INC.

Program/Equipment: Worldwide Systems Field Software Support

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Extending Task Order KX04 while awaiting award of the combined Field Support contract is the only viable option. Any other option creates unacceptably high risk to the Field Support mission, duplicates knowledge transfer, duplicates labor cost for conducting 2 transition periods and duplicating administrative costs and repatriation costs, and creates unacceptable performance and schedule risk associated with locating new staff in OCONUS locations. It normally takes 90 days to staff and process new staff OCONUS because of the all repatriation activities that have to occur after award in various countries throughout the world. If a competitive action were to be considered for this four month period of time, it is expected that duplicative costs would be incurred, which would not be recovered through competition. Some of the specific duplicate costs the Government would incur if other than the incumbent contractor is considered for this effort are: two transitions periods, one for a short duration contract and one for the longer competitive contract. Also, there would be administrative costs for processing new Common Access Card (CAC) requests, reprocessing OCONUS Synchronized Pre-deployment and Operational Tracker (SPOT) access requests, and inventorying and transferring Government Furnished Property (GFP) for 300+ new employees on a new short term task order that could be avoided if the Government does action. These same costs are anticipated for the competitive solicitation. There is no way to define the actual cost for processing CACs and Spot applications or issuing new laptop for a short term e safe to say the cost would be significant for 300+ new employees. These costs can be avoided in the meantime until competitive action is award. Additionally, the cost to re-patriate staff from deployment under the existing Task Order KX04 will cost the Government $1.1M dollars to return staff to CONUS locations throughout the US. The repatriation estimate was provided by incumbent contractor ManTech via email on 22 December 2020. The cost estimate was provided to the Government to show the cost impact of repatriation. This cost estimate was verified by the Contracting Officer Representative (COR) by looking at historical cost we have paid in the past for repatriation. If limited competition were conducted for four months, the Government anticipates paying approximately the same amount to re-deploy new staff to OCONUS locations worldwide once a new contractor is selected. Repatriation costs can be avoided if a logical follow-on task order extension is executed with the incumbent Contractor ManTech Advanced Systems International, Inc.

With the severe budget shortfalls, the Government cannot afford unnecessary duplicative expensive costs for transition activities, CAC card processing, SPOT applications processing repatriations activities that will also occur with the follow-on competitive award already ongoing. It is expected that any new contractor would incur direct labor rates in line with current actuals in order to obtain the skill qualifications necessary to complete mission requirements. As such, a competitive action is not likely to result in any labor cost savings.

Contractor: ManTech Advanced Systems International, INC.

Program/Equipment: Worldwide Systems Field Software Support

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In addition, within the current global pandemic operating environment movement of staff from CONUS to OCONUS would likely result in a 14-Day quarantine isolation period, impacting the ability of new staff to mobilize and perform work immediately, which negatively affects mission schedule and increases Government costs for COVID claims.

Currently various countries have different rules pertaining to quarantine of new personnel coming in country. Those requiring quarantine require isolation up to 14-Days. This impedes employees from providing immediate support or doing onboarding activities like obtaining CAC cards and receiving Government issued lap tops. Per the CARES Act, such employees are entitled to file claims against the Government for idol time related to COVID delays. For example under Task Order KX04 we have received 3 claims related to COVID idol time. Such delays cost time and money and impact immediate support.

All of the costs and logistical impacts stated above could significantly impact budget and mission which would then impact systems reliability which puts soldiers at risks because systems are not being properly maintained. For these reasons a contract extension modification under Task Order KX04 with ManTech Advanced Systems International, Inc. for a logical follow-on is in the best interest of the Government.

Alternatives: This extension is needed to bridge the gap between this current effort and the new award projected for April 2021. Due to the OCONUS footprint any new contractor would require a minimum of 60-90 days to complete the requirements to begin staffing OCONUS positions. Although in house alternatives were considered, CECOM does not have sufficient in house staff to successfully perform this mission of the 300+ man-year service requirement. CECOM also has no current contracts that could be leveraged to provide field support services of this magnitude, and even if they were available those contractors would still need to meet the OCONUS on-boarding process which would lead to a break in service. The only viable option to ensure a smooth transition between the current contract and the successful awardee is to extend this existing effort.

Below is a list of projected major milestones for completion of the combined United Field Support contract:

Receive Proposal revisions: Nov 2020 Proposal Evaluations Complete: Feb 2021 Discussions Concluded: Feb 2021 Request Final Proposal Revisions: Feb 2021 Complete Evaluations of Final Proposals: Feb 2021 Peer Review Complete: Mar 2021 Award: April 2021

Contractor: ManTech Advanced Systems International, INC.

Program/Equipment: Worldwide Systems Field Software Support

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6. Actions to Increase Competition: A follow on competitive contract is in process. The anticipated award date for the follow-on contract is 6 April 2021.

7. Market Research: Market research was conducted via contacting all eighteen (18) contract holders under the SSES-NexGen MATO contract by email on 10 December 2020 with a requested response date of 16 December 2020 to determine if vendors holding SSES-NexGen MATO contracts had interest and capability in supporting the extension. Of the eighteen (18) contract holders Fourteen (14) contractors did not respond. Two (2) contractors, Northrop Grumman and Nexagen Networks Inc.

responded indicating they had no interest in pursuing this extension. One (1) contractor, Jacobs, acknowledged that they planned to pursue the opportunity. They also stated that they could staff and perform services starting on 1 March 2021. The current contractor, ManTech Advanced Systems International, Inc. also responded that they intended to pursue the opportunity. ManTech is already staffed and ready to continue providing services on 1 March 2021. As indicated in paragraph 5 above ManTech is the only contractor capable of continuing to provide these mission critical services until a competitive follow-on task order can be awarded. Even though Jacobs has stated an interest in the short term requirement, the time-sensitive nature of this action requires the short term award to ManTech as it is the most advantageous to the Government.

8. Other Facts:

Procurement History:

Current Contract Extension: W15P7T-12-D-E005/KX04-61 Contractor: ManTech Advanced Systems International, Inc.

Award Date: 10 January 2020 Competitive Status: No; EFOJ control number JA-20-E-0038 was approved by the SCO on 09 January 20201 for a 12 month extension.

Current Contract: W15P7T-12-D-E005/KX04 Contractor: ManTech Advanced Systems International, Inc.

Award Date: 23 Sep 2016 Competitive Status: Yes Note: This current effort is a consolidation of the previous contracts identified below. The determination for consolidation was approved on 24 February 2016.

Previous Contract: W15P7T-12-D-E003/0001 Contractor: Sotera Defense Solutions, Inc.

Award Date: 28 Feb 2014 Competitive Status: Yes Note: This was re-competed

Contractor: ManTech Advanced Systems International, INC.

Program/Equipment: Worldwide Systems Field Software Support

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Previous Contract: W15P7T-12-D-E005/KX01 Contractor: ManTech Advanced Systems International, INC.

Award Date: 20 June 2014 Competitive Status: Yes Note: This was re-competed

9. 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.

Signature:

Date: 03/10/2021 Typed Name: XXXXX XXXXX Title:

10. 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.

Signature:

Date: 03/10/2021 Typed Name: XXXXX XXXXX Title: Chief, Field Support Division

Contractor: ManTech Advanced Systems International, INC.

Program/Equipment: Worldwide Systems Field Software Support

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11. 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 cost analysis and comparison to the Independent Government Estimate (IGE) and a review of Division E Direct Labor tracking tool that provides data analysis of average direct labor costs for specific labor categories from actual data collected on contracts or bureau of labor statics (BLS) or a combination of both. A certificate of cost or pricing data will be required in accordance with FAR 15.403.

Signature:

Date: 03/10/2021 Typed Name: XXXXX XXXXX Title: Contracting Officer

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

Signature:

Date: 03/10/2021 Typed Name: XXXXX XXXXX Title: Contracting Officer

Contractor: ManTech Advanced Systems International, INC.

Program/Equipment: Worldwide Systems Field Software Support

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Approval

Based on the foregoing justification, I hereby approve the 4-Month extension to Task Order W15P7T-12-D-E005 KX04 in the amount of $$22,098,204.88 for Worldwide Systems Field Software Support services using an exception to fair opportunity pursuant to the authority of FAR Part 16.505(b)(2)(i)(C) 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, subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition.".

Signature:

Date: XXXXX XXXXX Senior Contracting Official

(SCO) ACC-APG