A03-_Redacted_JA_Signed_Justification_and_Approval_for_Other_Than_Full_for_West_Point_vs__2_Redacted.pdf

Control No: JA-HUA-16-083

JUSTIFICATION REVIEW DOCUMENT

FOR OTHER THAN FULL AND OPEN COMPETITION

Program/Equipment/Material: Administrative Telephone and Communication Services for West Point, New York, Network Enterprise Center (NEC)

Authority: 10 U.S.C. 2304(d)(1)(B)(ii) and 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 without unacceptable delays. The total estimated value for this three month bridge contract is $304,272.00.

Prepared By:

Procuring Contracting Officer:

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

Contracting Officer Representative/West Point, New York:

Legal Counsel, ACC-APG Huachuca Division:

Justification and Approval (J&A) for Other Than Full and

Open Competition for West Point ATS Contract

1. Contracting Activity: Army Contracting Command-Aberdeen Proving Ground (ACC-APG), Huachuca Division, 2133 Cushing Street, Building 61801, Room 3212, Fort Huachuca, Arizona 85613-7070.

2. Description of Action: Award a sole-source, short-term bridge contract to A&T Systems Inc.

located at 12200 Tech Road Suite 100, Silver Spring, MD. This contract will provide continued Administrative Telephone and Communication Services at West Point, New York. The period of performance will commence on 01 January 2016 and end on 31 March 2016. The incumbent contractor, A&T Systems Inc. is the only available responsible source to perform this short-term bridge effort without causing unacceptable delays and harm to the Government. This action will bridge the gap between the existing task order soon to expire, and a new competitively awarded follow-on under the Information Management Communication Services (IMCS) III multiple award program.

3. Description of Supplies/Services: The bridge contract provides technically qualified personnel for administration; management; parts, supplies, tools and equipment other than Government Property Provided to the Contractor for Use; and vehicles to operate and maintain the Administrative Telephone System and Cable Plant at West Point, New York. This includes Switchboard Console Operations, Inside Plant, Customer Services, and Outside Plant (Cable) required by the NEC to support the necessary organizations. The Contractor shall provide technical and administrative coordination of inside plant (ISP), outside plant (OSP) and other on-base telephone activities; develop and track all telecommunications service work orders; and verify and coordinate customer billing with telecommunication coordinators. The Contractor shall also be responsible for Operations and Maintenance (O&M) of the Voice Mail System, Automated Directory Assistance System (ADAS), Telephone Management System (TMS), digital conference bridge, and associated components and instruments. The Contractor shall maintain security camera cabling to include metallic and fiber optic. The Contractor may be required to provide materiel, overtime, travel and per diem, and training in support of requirements, as needed.

Estimated Amount is $304,272.00 for a three month short-term bridge contract.

Period of Performance: 01 January 2016 through 31 March 2016.

4. Authority Cited: The statutory authority permitting Other than Full and Open Competition for this acquisition is: 10 U.S.C. 2304(d)(1)(B)(ii) as implemented in FAR 6.302-1(a)(2)(iii)(B), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. Reason for Authority Cited:

a. Background. Administrative Telephone Services, Operations and Maintenance, and ISP/OSP support at West Point is currently procured under the IMCS II program. The follow-on effort will be competed under the new IMCS III, multiple award-Indefinite Delivery Indefinite Quantity (MA IDIQ)-contract. Additional time will be required to develop and implement the re-compete, which will include a Video Teleconference (VTC) site visit. This bridge contract will provide continuity of non-personal services to the West Point Network Enterprise Center. The requirements provided by the current IMCS II contract consist of Site Management Support, Switchboard Console Operations, Operation and Maintenance functions, Telephone and Cable Maintenance Support, Telecommunication Services, and Training. Under the bridge contract, these services will continue without any changes. These services, if disrupted, would cause a severe negative operational impact to West Point’s daily operations.

b. Justification. The services rendered through this Bridge contract are critical in nature to the support of the Network Enterprise Center located at West Point, New York. Awarding a bridge contract to the incumbent contractor on a sole source basis is in the best interest of the Government to ensure continuity of performance and to prevent unacceptable delays in fulfilling the agency’s requirements. The contract supports various areas of classified and unclassified communications service delivery (e.g. Networking, Administrative Telephone Services, Inside and Outside Plant (Cable) Support, etc.). These communications services directly support the United States Military Academy (USMA) Superintendent, Dean of Academics, U.S. Corps of Cadets (USCC), and various outlying sites used for Cadet training. The current IMCS II West Point NEC Task Order requiring these services has a period of performance of 01 July 2010 through 30 June 2015 (this includes one base year and four option year periods), and was subsequently extended on 01 July 2015 through 31 October 2015 (four months), and again on 01 November 2015 through 31 December 2015 (two months). These two extensions were processed in accordance with FAR Clause 52.217-8, Option to Extend Services. It was fully anticipated that the follow-on effort for the IMCS III IDIQ contract would be awarded prior to the expiration date of the current West Point NEC Task Order. However, due to a prolonged source selection process and subsequent protests after contract award on 14 April 2015, re-competition of the existing task order was not possible. The protests were filed with the Government Accountability Office (GAO) and dismissed on 29 May 2015. The new IMCS III contract start date begun on 15 June 2015. Although the extension periods were exercised, it does not allow sufficient time for the task order re-compete package to receive necessary approvals and be competed among the IMCS III contractors.

c. Impact. If this J&A is not approved, not only will the safety and security of West Point be vulnerable, it will also jeopardize the telephone and network capabilities within the West Point community. Delays and or abrupt disruption would result in interference of inside and outside communications, affect coordination of support to critical military and USCC operations, emergency services, network operations, and network security. If the incumbent contractor is not maintained until the follow-on contract is competitively awarded, the telecommunication services at West Point would be seriously impacted and would result in mission failure.

Awarding the three month bridge contract to the incumbent benefits the Government in negotiating a reasonable price with a contractor that possesses the institutional contract performance knowledge. Therefore, to avoid unacceptable delays in fulfilling the agency’s requirement, a three month bridge contract, commencing on 01 January 2016 through 31 March 2016, will be awarded to A&T Systems Inc.

Current and active task order competitions under IMCS III include Aberdeen Proving Ground, MD, Ft. Buchanan, PR, Ft. Carson, CO, and West Point, NY. Task order competitions that are pending solicitation release is Ft Polk, LA. A task order for Ft. Bliss, TX has been awarded to Cordev Corporation on 12 November 2015.

The milestone schedule for the West Point Bridge Contract is provided in the table, below:

Milestone Schedule

Actual/Projected-

Completion Date-

Issue Draft Request for Proposal Projected 7-Dec-15

Issue Final Request for Proposal Projected 8-Dec-15

Questions & Answers Projected 14-Dec-15

Proposal Receipt Projected 17-Dec-15

Technical Evaluation Projected 17-18 Dec 2015

CRB-Selection Decision Projected 21-Dec-15

Contract Award Projected- 22-Dec-15

Contract Start Projected 1-Jan-16

Post Award Conference Projected 23-Dec-15

6. Efforts to Obtain Competition: A special notice synopsis, for a sole source bridge contract was posted on the Federal Business Opportunities website on 28 October 2015, and made available for public inspection and comment. The closing date for the synopsis was on 12 November 2015. The synopsis has closed, and no companies have expressed an interest in performing, or have provided comments for this short-term effort. Approval of this J&A allows the Government to award a short-term contract while the follow-on requirement is solicited, evaluated, and awarded among the IMCS III contract holders.

7. Actions to Increase Competition: As stated in paragraph 6 above, approval of the follow-on requirements package will result in a competitive action among the IMCS III contract holders per FAR 16.505(b)(1), Fair Opportunity.

8. Market Research: Due to the follow-on requirements slated for competition on the IMCS III MA IDIQ, market research was limited to the Special Notice posted to the Federal Business Opportunities website on 28 October 2015, as required by FAR 5.201.

9. Interested Sources: A&T Systems Inc. is a small business and is currently providing the services required within the task order. They are the only known source capable of performing at the current levels while maintaining the continuity of services through 31 March 2016. As required by FAR 5.201 and the Small Business Act (15 U.S.C. 637(e)) and 41 U.S.C. 1708, a notice of intent was published on the Federal Business Opportunities website on 28 October 2015. In accordance with FAR 5.207(c)(16)(ii), when using a sole source authority at FAR 6.302-1, a statement is required instructing responsible sources to submit a capability statement, proposal, or quotation, which shall be considered by the agency. Within the transmitted synopsis published on 28 October 2015, it was requested for companies to provide their capability statement, responses or inquires for agency evaluation no later than 12 November 2015. As a result of this synopsis posting, no companies have provided a capability statement, expressed an interest in performing, or have provided comments for this short-term effort.

10. Other Facts: Procurement history. The services are currently being provided under IMCS II Contract Number W91RUS-08-D-0001-0004, competed using fair opportunity. The incumbent has been performing the contract requirement since 01 July 2010. The current contract expired on 30 June 2015 and was extended from 01 July 2015 through 31 October 2015, and then again on 01 November 2015 through 31 December 2015. These two extensions were processed in accordance with FAR Clause 52.217-8, Option to Extend Services. The task order is set to expire on 31 December 2015.

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.

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.

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable based on the contractor A&T Systems Inc., is unlikely to amortize costs in order to mitigate risk inherent to a short-term contract effort. Price analysis techniques in accordance with FAR 15.404-1 will be used in performing the price analysis. Certified cost and pricing data is not required. Price analysis will clearly demonstrate that the proposed price is reasonable in comparison with current or recent prices for the same or similar services.

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

Approval

Based on the foregoing justification, I hereby approve the procurement for services under a new short term contract to A&T Systems Inc., for the continuation of IMCS II related services as described within this document. Awarding this short-term effort to A&T Systems Inc. for Administrative Telephone Service (ATS) support will remove unacceptable acquisition delays to critical mission requirements for West Point, New York while the follow-on effort under IMCS III is solicited, evaluated, and awarded. The short-term contract will be awarded on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 2304(d)(1)(B)(ii), to provide the services herein described that have otherwise been authorized for acquisition. This requirement will be funded with Fiscal Year (FY) 2016 funds, provided that the services and property herein described have otherwise been authorized for acquisition.