A02-Exception to Fair Opportunity (EFO)-W15P7T12DE005 KX04 P00088 3rd Extension (redacted).pdf

CUI

Control No: JA-21-E-357 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:

Legal Counsel: DSN:

Name: Date:

Signature:

Command Advocate for Competition: DSN:

Name: Date:

Contractor: ManTech Advanced Systems International, INC.

Program/Equipment: Worldwide Systems Field Software Support

Source Selection Information – See FAR 2.101 and 3.104

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 Command Aberdeen Proving Ground

ATTN: CCAP-CCE

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

2. Description of Action: CECOM SEC requests an extension from 6 July 2021 through 6 January 2022 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 task order extension period of 1 March 2021 through 5 July 2021 had a ceiling estimate of $22,098,204.88 and was executed under Modification 81 of Task Order W15P7T-12- D-E005-KX04. Extension Modification 81 for the period of 1 March 2021 – 5 July 2021 was issued and approved via an Exception to Fair Opportunity for the amount of $22,098,204.88 due to a delay in the award of the follow-on Task Order W56JSR-21-F- 0043. The follow on task order was awarded on 8 April 2021 to General Dynamics Global Force LLC for a total estimated value of $518,538,329.76. However; a post-award protest submitted by ManTech Advanced Systems International, Inc. on 29 April 2021 delayed the execution of this new award. The current extension is being requested to account for approximately 30 days for corrective action/re-award due to the protest, plus a 90 day transition period which corresponds to the transition on the competitive re-award, plus additional time necessary due to OCONUS delays surrounding COVID-19 requirements.

The requested 3rd extension represents an increase to Task Order KX04 of $33,543,005.10. 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

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 - 07/05/21 $22,098,204.88

$12,506,647.34 As of 30 April, 2021

6-Month Extension

07/06/21 - 1/6/22 $33,543,005.10

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 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 a result of the COVID-19 pandemic and unused labor ceiling associated with CLINS 7002, 7003, 7004, 7012 and 7013.

Note 3: The extension requested from 6 July 2021 through 6 January 2022 is to allow for a 30 day period to process the corrective action and re-award of the follow-on Field Support task order, a 90 day transition period once the corrective action has been complete and 60 days to account for delays caused by COVID restrictions/ policies in OCONUS locations

The estimated value for this 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

$ 22,927,607.92

Travel & ODCs

$ 9,239,740.70

Fee $1,375,656.48

Total $ 33,543,005.10

The labor portion reflects in excess of 225 Full Time Equivalents (FTE’s) over 16 different labor categories. The Government estimate for the 3rd extension has been derived based on the previous direct labor rates estimated by the Government for extension 2 since the previous rates are still deemed relevant to the current period.

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 extension that will run from 6 July 2021 through 6 January 2022. Issuance of the requested extension to ManTech Task Order KX04 is needed because ManTech submitted a post award protest of follow-on Task Order W56JSR-21-F-0043 on 29 April 2021. Based on the protest, the Government decided it was in its best interest to take corrective action to resolve the protest. The impact of the protest affected the original time line of 90-Day transition period for Task Order W56JSR-21-F-0043.

Accordingly, the current extension is being requested to account for approximately 30 days for corrective action/re-award due to the protest, plus a 90 day transition period which corresponds to the transition on the competitive re-award, plus additional time necessary due to OCONUS delays surrounding COVID-19 requirements (as addressed below).

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. Without a contract in place CECOM will be unable to provide critical field support services to the warfighter, who rely C5ISR systems, equipment, and ancillary operational requirements for decisive defeat of adversaries worldwide, which will adversely affect readiness and could potentially jeopardize the warfighter life and safety.

The follow-on effort, awarded 8 April 2021, was solicited on a fair opportunity basis to all Responsive Strategic Sourcing for Services (RS3) Multiple Award (MATO) contract holders. However, that award is now delayed pending the outcome of the corrective action. The follow-on task order combines two related FSR efforts into one combined contract action. These two efforts are the FSR Hardware Support currently under contract GS00Q14OADU312, ending in January 2021 and the World Wide Field Support Services under Task Order KX04 on Contract W15P7T-12-D-E005, ending 5 July 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 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 Contract Awarded 08 April 2021

Post Award Protest 29 April 2021 Stop Work Issued for new award 29 April 2021 Notified GAO Corrective Action Would Be Issued

18 May 2021

Re-Award Planned 08 Aug 2021 (90-Day Transition will Start on this Date)

Extending Task Order KX04 while awaiting the outcome of the Government’s corrective action resulting from the protest 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. The Government cannot accept two transition periods of 90 days because services would be unacceptably degraded at the expense of the Warfighter.

Accordingly, no other offeror can seamlessly continue services pending the outcome of the Government’s corrective action. If a competitive action were to be considered for an extension from 6 July 2021 through 6 January 2022, 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 term contract and one for the follow- on task once the protest is resolved. Also, there would be duplicative 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 225 new employees on a new short term contract and the competitive protested action. These duplicative costs could be avoided if the Government doesn’t compete this action. There is no way to define the actual cost for processing CACs and Spot applications or issuing new laptop for a short term effort since these offices don’t track costs for these efforts but it is safe to say the cost would be significant for 225 new employees. These costs can be avoided in the meantime until competitive action is re-awarded or the stop work order is lifted. Additionally, the cost to re-patriate staff from deployment under the existing Task Order KX04 will cost the Government $1.4M dollars to return staff to CONUS locations throughout the US. The repatriation estimate was provided by incumbent contractor ManTech via email on 31 May 2021. 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 the short term contract, 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, and repatriation activities that will also occur with the follow-on competitive award. 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.

Alternatives: This extension is needed to bridge the gap between this current effort and the resolution of the new award protest. Due to the OCONUS footprint any new contractor would require a minimum of 120 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 225 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.

6. Efforts to Obtain Competition: The follow-on task order was competed amongst all Responsive Strategic Sourcing for Services (RS3) contract holders. See paragraph 8 for actions taken to obtain competition on the current extension.

7. Actions to Increase Competition: A follow-on competitive contract was awarded on 8 April 2021; however, execution has been halted due to a post award protest.

8. 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 an 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 6 July 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 after the protest is resolved. Even though Jacobs has stated an interest in the short term requirement, the time-sensitive nature of this action and the lengthy transition period required due to OCONUS COVID restrictions requires the short term award to ManTech as it is the most advantageous to the Government. As described in paragraph 5 above, due to the time required to transition to a new contractor, the current incumbent contractor is the only entity capable of supporting the contract without delay. The above referenced market research conducted 10 December 2020 and is still considered current since the market research was conducted less than 12 months ago. As such, further market research was not conducted as the above referenced market research is still considered applicable to this new exception to fair opportunity.

9. Other Facts:

Procurement History:

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

Award Date: 01 March 2020 Competitive Status: No; EFOJ control number JA-E-21-121 was approved by the SCO on 10 March 2021 for a four month extension.

Contract Extension: W15P7T-12-D-E005/KX04 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 2020 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: ManTech Advanced Systems International, INC.

Program/Equipment: Worldwide Systems Field Software Support

Source Selection Information – See FAR 2.101 and 3.104

CUI

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:

Typed Name: Date: 06/28/2021 Title: Contracting Officer

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

Signature:

Typed Name: Date: 06/28/2021 Title: Contracting Officer

Contractor: ManTech Advanced Systems International, INC.

Program/Equipment: Worldwide Systems Field Software Support

Source Selection Information – See FAR 2.101 and 3.104

CUI

Approval

Based on the foregoing justification, I hereby approve the Task Order Extension from 6 July 2021 through 6 January 2022 for Task Order W15P7T-12-D-E005 KX04 in the amount of $33,543,005.10 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.

Date:

Senior Contracting Official (SCO)