A02 FAR-Part16-EFOJ_ACC Cybertrolopis Bridge Extension_Redacted.pdf

Control No: JA-20-B-093 Contractor: IDS International Government Services, LLC

Program/Equipment: Cybertropolis Technology Environment Platform (CTEP)

FOR OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

Federal Acquisition Regulation (FAR) PART 16 EXCEPTION TO FAIR

OPPORTUNITY JUSTIFICATION

For Actions Exceeding the Simplified Acquisition Threshold (SAT)

Program/Equipment: United States Indiana Army National Guard (INARNG), Atterbury- Muscatatuk Center for Complex Operations (AMCCO) Technology Division, Cybertropolis Technology Environment Platform (CTEP).

Authority: 10 U.S.C. 2304c(b)(1) as implemented by agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

Amount: $10,833,840.50

Prepared by:

Contract Management Officer

DSN:

Date: 20 FEB 2020

Email:

Contracting Officer: Allison A. Gregory Contracting Officer

DSN:

Date: 28 FEB 2020

Email: Allison.a.gregory2.civ@mail.mil

Technical:

Management Analyst, Cyber

DSN:

Date: 28 FEB 2020

Email:

Requirements:

Management Analyst, Cyber

DSN:

Date: 28 FEB 2020

Email:

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

Program Manager:

Typed Name:

DSN:

Signature:

Contractor: IDS International Government Services, LLC

Program/Equipment: Cybertropolis Technology Environment Platform (CTEP)

FOR OFFICIAL USE ONLY

Legal Counsel:

Typed Name:

DSN:

Signature:

Contractor: IDS International Government Services (IDS), LLC

Program/Equipment: Cybertropolis Technology Environment Platform (CTEP)

FOR OFFICIAL USE ONLY

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: U.S. Army Contracting Comm (ACC-APG), ATTN: CCAP-CCB, 6565 Surveillance Loop, Bldg. 6001, Aberdeen Proving Ground, MD 21005-1846

2. Description of Action: Atterbury-Muscatatuck Center for Complex Operations requests an extension to Bridge Task Order W15P7T19F0469. This Task Order contains Cost Plus Fixed Fee (CPFF) Term Form and Cost-No Fee Contract Line Item Numbers (CLINs), and was awarded against base contract number W15P7T-19-D-0054 with IDS International Government Services (IDS), LLC, 2500 Wilson Blvd Suite 200, Arlington, VA 22201-3834. The period of performance (PoP) for Task Order W15P7T19F0469 was set to expire on 20 December 2019; however, due to time constraints associated with executing an extension, a Statement of Urgency was drafted by the Contracting Officer and approved by the Command Advocate for Competition on 13 December 2019. This approval permitted the Contracting Officer to move forward with processing the extension in advance of the approved Exception to Fair Opportunity Justification (EFOJ).

The Government awarded the extension on 27 January 2020 with an effective date of 28 January 2020 (see paragraph 5 for details). Fiscal Year (FY) 2020, Operations and Maintenance, Army funds were used.

3. Description of Supplies/Services: Contractor personnel shall perform developmental requirements to build and complete the CTEP to include: engineering services; technology insertion and integration; software and hardware engineering;

systems integration support; training, curriculum development, test and evaluation;

integrated logistic support; new equipment training; maintenance and engineering support; fabrication/prototyping; testing/certification; studies/analyses; logistics support training and engineering support, including re-engineering and reverse engineering;

installation and de-installation; business operations support; and system integration/installation. These services/equipment will support all new and existing, platforms, systems, and subsystems.

The Atterbury-Muscatatuk Center for Complex Operations (AMCCO) Technology Division is responsible for the CTEP. The CTEP is an evolving, advanced testing & training environment situated upon the Muscatatuck Urban Training Complex (MUTC) but digitally connected through the Joint Information Operations Range (JIOR) and other secure connectivity to numerous other facilities managed by the Department of Defense (DoD) and other Joint, Interagency, Intergovernmental, and Multinational (JIIM) partners.

The CTEP provides a one-of-a-kind platform for DoD and JIIM partners to conduct training in a wide variety of emerging technology areas, but primarily related to cyberspace and cyber-electromagnetic operations. Building upon the complex urban infrastructure of the 1,000-acre MUTC facility, the CTEP provides the needed resources for AMCCO, the DoD, and JIIM partners to meet evolving training requirements of the 21st century.

Program/Equipment: Cybertropolis Technology Environment Platform (CTEP)

FOR OFFICIAL USE ONLY

In order to avoid a break in service, the Government requires an extension to Bridge Task Order W15P7T19F0469 as follows: no cost extension from 21 December 2019 through 10 January 2020 as agreed to with IDS by utilizing existing ceiling to accommodate the extension; a supplementary extension from 11 January 2020 through 27 January 2020 valued at $1,329,520.92, a four (4) month option period valued at $7,561,546.62 and a subsequent two (2) month option period valued at $1,942,772.96 (see paragraph 5 for details). The total level of effort (LOE) required for this extension is hours.

TASK ORDER AWARD SUMMARY

4. Authority Cited: 10 U.S.C. 2304c(b)(1) as implemen The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

Program/Equipment: Cybertropolis Technology Environment Platform (CTEP)

FOR OFFICIAL USE ONLY

5. Reason for Authority Cited: Cybertropolis provides testing and training support which enables the CTEP to remain operational. A temporary suspension of CTEP services would create a catastrophic disruption to the CTEP network infrastructure.

Continuous contractor support is imperative to ensure that ongoing projects and training events are not disrupted, delayed and/or cancelled. The training that CTEP provides to the Warfighter and other defense agencies is critical to their ability to support both contiguous United States and outside of the contiguous United States mission requirements. The cancellation of planned cyber testing and training events/exercises presents an unacceptable risk to the government, and has the potential to put the safety of Soldiers and Civilians at risk due to gaps in training and certification exercises.

Furthermore, without contractor support CTEP would be unable to maintain the newly installed wireless cellular system that provides communication capabilities throughout the complex. Maintaining this cellular network is vital to ensuring that adequate communication is available throughout CTEP. This cellular system not only facilitates training and exercises, but also provides critical communication capabilities in the event of a medical or security emergency.

The effort is currently being performed by IDS under contract number W15P7T-19-D- 0054 Task Order W15P7T19F0469. Task Order W15P7T19F0469 is a four (4) month bridge Task Order that was awarded to IDS as a result of a protest received on the awarded Request for Proposal (RFP), RS3-19-0010, for CTEP services. RFP RS3-19- 0010 resulted in the award of contract W15P7T-19-D-0054, Task Order W15P7T19F0340 to IDS International Government Services for CTEP services on 23 July 2019 with an effective date of 30 July 2019. On 06 August 2019, IAP Worldwide Services, Inc. (IAP) filed a protest with the Government Accountability Office (GAO) challenging the award of Task Order W15P7T19F0340 by ACC-APG to IDS. A stay of the Task Order award was put in place on 07 August 2019 as a result of the protest.

Task Order, W15P7T19F0469, was awarded to IDS to avoid a break in services while the protest was being resolved. On 13 November 2019, the GAO issued a decision sustaining the protest and recommended that the Government take corrective action.

proposals and issuing a new award decision. Because the corrective action was not anticipated to be completed by the time the Bridge Task Order expired on 20 December 2019, a Statement of Urgency was drafted by the Contracting Officer and approved by the Command Advocate for Competition on 13 December 2019. This approval permitted the Contracting Officer to begin processing the extension in advance of the approved EFOJ, provided that the EFOJ would be completed and approved by the Command Advocate for Competition within 30 days of the signature of the contract award.

The Contracting Officer subsequently issued a modification to actuate a no-cost PoP extension from 21 December 2019 to 10 January 2020 and a supplementary extension from 11 January 2020 through 27January 2020. On 06 December 2019, IDS confirmed that there was currently enough ceiling and hours on contract to accommodate the no-cost extension. This J&A includes the aforementioned extensions, as well as a four (4) month option period and a subsequent two (2) month option period. The extension from 11 January 2020 through 27January 2020 will accommodate post award debriefs and allow for the protest window to expire after award of the corrective action. The four (4)

Program/Equipment: Cybertropolis Technology Environment Platform (CTEP)

FOR OFFICIAL USE ONLY

month option period (28 January 2020 through 27 May 2020) will be exercised to allow for GAO resolution of the protest of the corrective action IAW FAR 33.104(f), if received.

The two (2) month option period (28 May 2020 through 27 July 2020) will be exercised, if required, to finalize transition activities.

Awarding this extension to IDS was in the best interest of the Government. IDS has demonstrated the ability to perform the services required under this bridge contract, as it was for the same services that were so met all requirements of solicitation RS3-19-0010 and was determined to provide the best value to the Government. IDS has the required workforce in place to successfully perform this requirement with no break in services to CTEP.

The Government considered the alternative of competing another task order under the Responsive Strategic Sourcing for Services (RS3) multiple award (MA) indefinite delivery indefinite quantity (IDIQ). This alternative was not feasible due to the significant schedule risk associated with this course of action. Based on historical information, it was not possible to compete and award a new requirement without experiencing a break in contractor support. On average, awards executed under $25M under the RS3 MA IDIQ require 115 calendar days from requirements package receipt to award. Based on historical experience working on the RS3 contract and the previous iteration, Rapid Response Third Generation (R2-3G), this timeline was accurate for the type of services required for this action and the dollar threshold. The INARNG would need to develop a requirements package for a new Task Order (est. 20 days), receipt of proposal (est. 30 days), evaluation of proposals (est. 30 days based on number of proposals received), discussions and evaluation addendums (est. 25 days), award decision (est. 10 days). In addition, there was likely little benefit to soliciting the same requirement again in such a short period of time. The gap in services and use of Government resources to award a new effort for such a short timeframe was unacceptable. An interruption of Contractor support will directly impact the Warfighters.

6. Actions to Increase Competition: RFP RS3-19-0010 for CTEP was released to all 261 RS3 MA IDIQ contract holders under the RS3 contract vehicle. RS3-19-0010 was awarded on 30 July 2019 via Contract Number W15P7T-19-D-0054, Task Order number W15P7T-19-F-0340. Based on the urgency of this action it is not feasible to break-up any portion of this requirement due to the criticality of this mission.

7. Market Research: Market research was conducted for RS3-19-0010. On 04 January 2019, the Government sent out a Request for Information (RFI) with the CTEP Draft PWS to the RS3 contract holders. Questions and comments in response to the Draft PWS were due 22 January 2019. The Government also requested that potential offerors provide their "intent to bid" by 22 January 2019. A total of 15 RS3 contractors responded to the RFI. Eleven (11) contract holders advised that they intend to bid. Of those 11 contractors interested, seven (7) would be proposing as small businesses and four (4) would be proposing as large businesses. Of the 11 contractors interested, three (3) submitted a capabilities statement: one (1) small business and two (2) large businesses.

Of the capabilities statements evaluated all three (3) were found capable. IAP and IDS were subsequently two (2) of the nine (9) offerors that submitted a proposal in response to RS3-19-0010.

Program/Equipment: Cybertropolis Technology Environment Platform (CTEP)

FOR OFFICIAL USE ONLY

The extension to this bridge Task Order is identical to the initial requirement which was issued competitively. In accordance with the Army Federal Acquisition Regulation Supplement 5153.303-5 para 8, market resear results of the market research (FAR Part 10) conducted to identify all qualified sources.

Research must have been meaningful (demonstrated attempt to discover all relevant material) and conducted within the previous 12 research report for RS3-19-0010 was signed on 03 April 2019. Therefore, the market research is still valid for this requirement.

8. Other Facts:

a. Procurement History

Contract: W15P7T-10-D-D416, Task Order 0031 Contractor: IAP Worldwide Services, Inc.

Award Date: 02 August 2016 Competitive Status: Fair Opportunity

On 02 August 2016, ACC-APG awarded Task Order 0031 under contract W15P7T-10-D- D416 to IAP Worldwide Services, Inc. in the amount of $46,256,576.40. The Task Order was awarded under the R2-3G IDIQ contract and consisted of CPFF and Cost Reimbursement Line Items. Task Order 0031 included a 12 month Base Period and two

(2) 12 month Option Periods. In accordance with the PWS, the Contractor was to provide engineering services; technology insertion and integration; software and hardware engineering; systems integration support; training, curriculum development, test and evaluation; integrated logistic support; new equipment training; maintenance and engineering support; fabrication/prototyping; testing/certification; studies/analyses;

logistics support training and engineering support, including re-engineering and reverse engineering; installation and de-installation; business operations support; and system integration/installation.

Program/Equipment: Cybertropolis Technology Environment Platform (CTEP)

FOR OFFICIAL USE ONLY

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.

Typed Name: Date: 28 FEB 2020 Title: Contracting Officer Representative

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.

Typed Name: Date: 28 FEB 2020 Title: Contracting Officer Representative Signature:

Program/Equipment: Cybertropolis Technology Environment Platform (CTEP)

FOR OFFICIAL USE ONLY

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 upon comparison to the Independent Government Estimate, cost analysis and negotiations. Additionally, certified cost or pricing data will be obtained.

Typed Name: Allison A. Gregory Date: 28 FEB 2020 Title: Contracting Officer

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

Typed Name: Allison A. Gregory Date: 28 FEB 2020 Title: Contracting Officer

Program/Equipment: Cybertropolis Technology Environment Platform (CTEP)

FOR OFFICIAL USE ONLY

Approval

Based on the foregoing justification, I hereby approve the procurement of CTEP in the amount of $10,833,840.50 using an exception to fair opportunity pursuant to the agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays, subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Cynthia A. Jackson Date: 3 MAR 2020