Beta.Sam Posting_Ceiling Increase_Task Order W15P7T18F0032_Redacted.pdf

Control No: JA-21-B-164 Contractor: Amentum Services, Inc.

Program/Equipment: 1st Special Warfare Training Group (Airborne) (1st SWTG (A)) Special Activities Training

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FAR Part 16 EFOJ

Under Multiple Award Indefinite Delivery Contracts For Actions Exceeding the SAT

1. Contracting Activity: U.S. Army Contracting Command–Aberdeen Proving Ground

(ACC-APG) Division B, CCAP-CCB 6565 Surveillance Loop, Bldg. 6001 Aberdeen Proving Ground, MD 21005-1846

2. Description of Action: The proposed action is for a modification to Cost-Plus-Fixed- Fee and Cost-No-Fee Task Order (TO) W15P7T-18-F-0032 under Contract W15P7T-17- D-0155, with Amentum Services, Inc, 20501 Seneca Meadows Pkwy Suite 300, Germantown, MD 20876-7019. This request is to increase the Other Direct Costs (ODC) contract line item number (CLIN) in the Option Year 2 and Option Year 3. The estimated value of the ODC CLIN increase is $1,531,187.28, and will subsequently increase the overall TO ceiling value, including Options, from $25,207,462.61 to $26,738,649.89. The Government expects to modify the existing TO on or before 19 April 2021. Fiscal Year 2021 Operation and Maintenance, Defense-Wide funds will be used to fund the ODC Ceiling Increase.

W15P7T-17-D-0155 TO W15P7T18F0032 was awarded under the Responsive Strategic Sourcing for Services (RS3) Indefinite Delivery Indefinite Quantity (IDIQ) contract vehicle in accordance with (IAW) FAR 16.505 ordering procedures.

An Acquisition Plan for the base contract, W15P7T-17-D-0155, was approved on 10 February 2015.

3. Description of Supplies/Services:

This effort provides 1st SWTG (A) Special Activities Training support to augment limited organic United States Army John F Kennedy Special Warfare Center and School instructional capacity and subject matter expertise. This training facilitates global irregular warfare operations. Specifically, it supports training of Special Operations Forces (SOF) to conduct specialized intelligence analysis, transform data into information and knowledge, develop effective networks and assimilate sensor information into products supporting targeting, provide a common operational picture to commanders needed to develop unconventional warfare campaigns, detect surveillance to assist in the denial of information to any and all real and potential adversaries, integrate and employ technical surveillance in support of operations, and enhance force protection through the deployment of tactical information technology systems and processes that deliver greater situational awareness to the commander. Additionally, this effort provides mission critical skills training to address the USASOC commander’s identified gap of SOF enabled operations training.

Program/Equipment: 1st Special Warfare Training Group (Airborne) (1st SWTG (A)) Special Activities Training

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Since contract award, the Government has required a substantial ODC ceiling increase annually in order to be able to meet all of the Government’s requirements within the Performance Work Statement (PWS).

The current ceiling value on the ODC CLIN is not sufficient to meet all the ODC requirements within the scope of this TO. This effort is within scope of the RS3 Base Contract, and there will be no change in the scope to the contract requirements (based on the IGE and as illustrated in the table below).

TASK ORDER SUMMARY OF AWARD

Period of Performance Current Value Current

Increase New Value

Base Year

(30 SEP 2018 – 29 SEP 2019)

$6,559,092.82 $6,559,092.82

Option Year 1

(30 SEP 2019 – 29 SEP 2020)

$6,886,616.66 $6,886,616.66

Option Year 2

(30 SEP 2020 – 29 SEP 2021)

$5,827,494.05 $825,422.64 $6,652,916.69

Option Year 3

(30 SEP 2021 – 29 SEP 2022)

$5,934,259.08 $705,764.64 $6,640,023.72

TOTAL $25,207,462.61 $1,531,187.28 $26,738,649.89

The IGE is based on actual material data for similar training on previous contracts supporting Special Warfare Advanced Skills Training.

Other Direct Costs Estimated Cost Option Year 2

Estimated Cost Option Year

Wireless/VPN Computer Services

$31,500.00 $31,500.00

Mobile Training Shipping Costs

$2,300.00 $2,300.00

Drivers Training (Para 3.15.5.7)

$22,000.00 $22,000.00

De-escalation Training $19,000.00 $19,000.00 Curriculum/Scenario Refinement (Para 3.13)

$285,000.00 $175,000.00

Student Computer Services Lease

$47,000.00 $47,000.00

Social Media Investigative Techniques Training

$80,000.00 $80,000.00

Program/Equipment: 1st Special Warfare Training Group (Airborne) (1st SWTG (A)) Special Activities Training

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Cyber Security Emerging Tech Training

$72,000.00 $72,000.00

Surveillance Chemicals (Para 3.15.6)

$20,000.00 $20,000.00

Surveillance Fabrication Materials (Para 3.15.6)

$160,000.00 $160,000.00

Surveillance Classified Storage Facility

$20,000.00 $20,000.00

Subtotal ODC $758,800.00 $648,800 Overhead 2 (OH2) (1.36%)

10,319.68 8,823.68

Overhead 3 (OH3) (2.10%)

15,934.80

13,624.8

G&A 40,368.16 (5.32%) 34,516.16 (5.32%) Total 825,422.64 705,764.64

As illustrated below, the current TO ceiling value, including Options, is currently $25,207,462.61. Increasing the ceiling on the ODC CLIN would result in a new TO ceiling value of $26,738,649.89 (representing a 6.1% increase).

4. Authority Cited: 10 U.S.C. 2304c(b)(2) as implemented by FAR 16.505(b)(2)(i)(B) – Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

5. Reason for Authority Cited:

The proposed action must be accomplished through an EFOJ IAW FAR 16.505(b)(2)(i)(B). Currently the ODC requirements, which were procured through this TO in the prior base and option years, are supplies required at a level of quality that make them highly specialized and unable to be fully supported through Government supply mechanisms or Government services. These highly specialized supplies include:

Driver Certification Program: The additional funding/ceiling will support Driver’s Certification training, per PWS Paragraph 3.15.5.7, which dictates specific instructions for training and assessing mobile surveillance requirements. ODC costs are the supplies directly tied to the support of training activities for driver certification program. The IGE is estimated to be $22,000 for the Option Year 2 and Option Year 3. This program starts

De-escalation Training: The additional funding/ceiling will support Physical Surveillance Training Support, per PWS Paragraph 3.15.5 Special Forces Physical Surveillance Training Support. This training provides niche training to assist students with required physical surveillance training tasks. ODC costs are directly tied to the supplies required to support de-escalation training to augment surveillance training. The IGE is estimated

Program/Equipment: 1st Special Warfare Training Group (Airborne) (1st SWTG (A)) Special Activities Training

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to be $19,000 for the Option Year 2 and Option Year 3. This training starts

Curriculum Refinement and Scenario Development: The additional funding/ceiling will support PWS Paragraph 3.13 Curriculum Refinement and Scenario Design. ODC Costs are authorized for printing, production, and shipping costs (IAW PWS Paragraph 5.13.1).

Per PWS Paragraph 3.13.1, the Contractor is required to provide recommendations to the Government to refine and develop realistic training scenarios to support culmination exercises. IGE is estimated to be $285,000 for Option Year 2 to update two (2) Regional Scenarios and $175,000 for Option Year 3 to update one (1) Regional Scenario. This training starts .

Social Media Investigative Techniques Training: The additional funding/ceiling will provide course material developed by an external consultant for Social Media Investigation Methodology. In additional to contracted FTE social media instructors, material from external consultants provides additional techniques, methodology, and updated relevant experiences to add to the depth of material for cyber-enabled operations (PWS Paragraph 3.15.2.1 Course Objective (ATTC Support)). Updated materials from this external consultant are requested to support six (6) training iterations.

The IGE is estimated to be $80,000.00 for Option Year 2 and Option Year 3. The outstanding course dates for Option Year 2 are as follows:

Cyber Security Emerging Tech Training: The additional funding/ceiling will support course instructional materials and practical exercise from an external consult with subject matter expertise for cyber-enabled operations. In addition to the FTE Network Engineer instructors, material from an external consultant, updated regularly with relevant industry updates for cyber security, provides additional material on innovations in commercial and Government application of cyber skill-sets. Updated instructional materials and practical exercise materials from this external consultant are requested to support five (5) training iterations. The IGE is estimated to be $72,000.00 for Option Year 2 and Option Year 3.

The outstanding course dates for Option Year 2 are as follows:

Program/Equipment: 1st Special Warfare Training Group (Airborne) (1st SWTG (A)) Special Activities Training

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Special Forces Technical Surveillance Training Support: The additional funding/ceiling will support Surveillance special tooling and equipment, per authorized ODC requests in PWS Paragraph 5.13.1.1 Special Tooling and Equipment (e.g. ATTC Training Environment). The Government has made every effort to procure necessary equipment through Global Combat Support System – Army (GCSS-A) and Government Purchase Card (GPC). However, the remaining items are not available in the GCSS-A supply system or cannot be procured through a GPC, such as surveillance camera systems, which are required to support training. Specific items requested directly support PWS Para 3.15.6.1 Course Objectives (Special Forces Technical Surveillance Training Support), including photography, entry and bypass methods, advanced multi-medium fabrication, and advanced electronics construction and modification. The IGE is estimated to be $160,000.00 for Option Year 2 and Option Year 3. This training starts

As further elaborated in the Market Research results found in paragraph 7 below, Amentum Services is the only Contractor capable of providing the ODC supplies at a low risk to the Government, mission, and the Warfighter. Capability is defined as having the ability, fitness, or quality necessary to do or achieve a specified requirement. In this regard, and as discussed below, Amentum Services is the only one (1) awardee capable to provide these unique ODC supplies at this time. Amentum Services has specific knowledge of the materials and pre-established vendor relationships to support these unique ODC requirements. They possess the unique qualifications for fulfilling the contract requirements and have the requisite skill-sets and experience per the PWS requirements to understand the specific nature of the special operations skill-sets that the 1st Special Forces Command, USASOC, and SOCOM instruct. For example, if additional Surveillance chemicals and fabrication materials are needed to support an ongoing Surveillance course, Amentum is familiar with the exact requirements and the vendor to purchase the materials without an impact to the course.

Per U.S. Army Special Operations Command (USASOC) 350-1 Training Policy, each deploying team is required to have individuals trained in intelligence and surveillance. If this request is not approved, there is no other capable entity (Government or Private) to provide these courses, resulting in their cancellation. This will create an untenable performance risk to the mission and to the operational force. USASOC units would not be able to deploy without this required training, putting those currently in active missions at risk. Amentum Services is the only capable company poised and in position to provide these training services and supplies at this time. The Government performed its due-diligence in looking for alternative means, however, was unsuccessful. In addition to looking for contract vehicles internally, the Government researched the mandatory Government sources and publications, IAW FAR Part 8. After completion of that research and attempts to procure all required ODC items through the mandatory Government supply channels, the 1st SWTG (A) considered the alternative of purchasing some of the additional material utilizing another RS3 Contract W15P7T-17-D-0155, TO W15P7T20F0013, but this resource was only able to support computer hardware and software services (IAW PWS paragraph 3.4 Engineering Services and 3.5 Network and Computer Systems) which corresponds to PWS paragraph 3.15.2 Advanced Tactical

Program/Equipment: 1st Special Warfare Training Group (Airborne) (1st SWTG (A)) Special Activities Training

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Technical Courses which trains, educates, and technically certifies select personnel as technology specialists with the necessary skills to plan cyber-enabled operations, implement cyber-enabled solutions, and support computer networks. This requirement is a small portion of the overall requirements.

Many of the 1st SWTG (A) courses and skill-sets are not taught elsewhere in the Department of Defense (DoD) and a failure to conduct these trainings would result in a serious capability decrement to the operational force. The course dates are set 18-24 months in advance and cannot easily be modified. Because these courses are recurring each year, material and ODC estimates are forecasted well in advance of training.

Course slots are allocated to special operations and interagency personnel all across the United States (U.S.) and in some cases outside the contiguous U.S. Due to these reasons, any impacts to the inability to resource the ODC requirements established in the PWS degrades the instruction in the courses, which ultimately impacts the operational units. This TO contain a 12-month Base Year and three (3) 12-month Option Years. The Government is projecting a need for a ceiling increase to the ODC CLIN in Option Year 3 as well. Therefore, in order to not experience a need for additional ceiling in the future, this request is to increase the ODC CLIN in the Option Year 2 and Option Year 3.

The below chart explains the history of events leading up to this action:

Date Communication

21 September 2018

Task Order Award. During the solicitation and award of this TO, the ODC ceilings were established as a Government plug number, based off of the Independent Government Estimate (IGE). The reason these plug numbers were lower than the current need is due to a USASOC directed reduction. Its plan was to leverage SOF-specific procurement mechanisms available within USASOC to procure the ODCs; however, during the last phase before award, USASOC notified 1st SWTG

(A) that it would not have the bandwidth to take on these needs. Unfortunately, in a need to award this TO without delay and a break in service, the Government did not make the updates to the ODC plug numbers.

29 March 2019

During the Base Year, the Contracting Officer’s Representative (COR) requested a ceiling increase to the ODC CLIN. The COR did not request to correct the ODC ceiling for the entirety of the TO but for the current period of performance (PoP) only.

Program/Equipment: 1st Special Warfare Training Group (Airborne) (1st SWTG (A)) Special Activities Training

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23 April 2020

During the Option Year 1, the same situation occurred, the previous COR did not request to correct the ODC ceiling for the entirety of the TO and instead used an urgent authorization to address the low ODC ceiling for the current PoP only. This interim solution did not eliminate the perpetual problem of the ODC deficiency in the subsequent option years. On 23 April 2020 a memorandum for record (MFR) for a ceiling increase to that PoP was processed and approved by the Command Advocate for Competition. As committed in that MFR, 1st SWTG (A) researched other contract vehicles to accommodate this need for Option Years 2 and 3; however, that pursuit yielded no other viable contract vehicles.

10 November 2020

The Government received a Limitation of Funds Notification from Amentum Services stating it is expected to reach 100% of the Other Direct Cost (ODC) ceiling and funding on or around January 31, 2021.

17 November 2020

The COR submitted a request for the suggested path forward on the potential ODC CLIN ceiling increase.

19 November 2020

The Contracting Officer requested an itemized IGE providing a basis for the value assigned to each item as well as a justification detailing the action request.

30 November 2020 The Contracting Officer requested the COR to conduct Market Research in accordance with FAR Part 8, utilizing the itemized IGE.

16 December 2020

Received notification from the COR of completion of Market Research. Through the COR’s Market Research, the COR found the items could not be procured through the mandatory Government supply channels.

06 January 2021 Received Notification of Performance Impact due to ODC Ceiling on TO W15P7T18F0032 from Amentum Services.

07 January 2021

The Contracting Officer held a teleconference with the COR in order to discuss the suggested path forward for the requirement.

Program/Equipment: 1st Special Warfare Training Group (Airborne) (1st SWTG (A)) Special Activities Training

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13 January 2021 The Contracting Officer informed the COR that the EFOJ would be allowed and provided the Mission Partner with the EFOJ template to fill out.

18 January 2021 Draft EFOJ was provided by the COR to ACC-APG for review.

05 February 2021

Execution of modification to RS3 Contract W15P7T-17-D-0155, TO W15P7T20F0013, in order to procure some of the ODCs required to support computer hardware and software services (IAW PWS paragraph 3.4 Engineering Services and 3.5 Network and Computer Systems) which corresponds to PWS paragraph 3.15.2 Advanced Tactical Technical Courses which trains, educates, and technically certifies select personnel as technology specialists with the necessary skills to plan cyber-enabled operations, implement cyber-enabled solutions, and support computer networks.

10 February 2021 The Contracting Officer held a teleconference with the COR in order to discuss the required updates to the IGE and the EFOJ for Option Year 2 and Option Year 3.

11 February 2021

The Contracting Officer then employed market research techniques IAW FAR 10.002(b)(2) to determine if any other sources are capable of satisfying the agency’s requirement. The results of this can be found in paragraph 7 below.

23 February 2021 The Contract Specialist staffed the EFOJ to the Contracting Officer for review and approval.

Contracting Officer reviewed and staffed EFOJ to Legal Branch Chief for assignment and Legal Sufficiency review.

15 March 2021 EFOJ deemed Legally Sufficient. EFOJ staffed to Branch Chief for review and approval.

07 April 2021 EFOJ approved by Branch Chief and staffed to Division Procurement Analyst.

08 April 2021 EFOJ approved by Division Procurement Analyst and staffed to the Chief of the Contracting Office (COCO) for review and approval.

13 April 2021 COCO approved EFOJ. EFOJ staffed through the Contract Action Document Review Process (CADRP) for Command Advocate for Competition review and approval.

Program/Equipment: 1st Special Warfare Training Group (Airborne) (1st SWTG (A)) Special Activities Training

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20 April 2021

Estimated approval date of EFOJ.

Estimated Award Date of Modification to Task Order W15P7T-18-F-0032 on contract W15P7T-17-D- 0155.

6. Actions to Increase Competition: Request for Proposal (RFP) RS3-18-0036 was released to all RS3 Phase I Prime Contract Holders, providing fair opportunity. RS3-18- 0036 was awarded on 30 July 2019 via contract number W15P7T17-D-0155 TO W15P7T18F0032. Based on the current circumstances of this action (i.e. ODC CLIN is 100% expended), the Government was able to procure a portion of this requirement through other resources, but is not able to competitively procure the remaining required ODCs due to the criticality of this mission and the additional cost and schedule risks of transitioning in a new contractor. A follow-on TO is intended once this TO’s option years are completely exhausted. This imminent recompete will be procured utilizing fair opportunity procedures.

7. Market Research: On 11 February 2021, the Government released a Market Research Announcement Request for Information (RFI) to all RS3 Prime Contract Holders requesting notice of interest and capability. The Government specifically stated this research was for a ceiling increase to the ODC ceilings for the Option Year 2 and Option Year 3 of an active task order. Given this, the Government also stated there will not be a transition-in period and the Contractor must be up and running; to be capable to provide the increased ODC supplies. Those companies who had interest were also required to supply the Government with a Rough Order of Magnitude (ROM) and a realistic schedule of performance.

In response to the RFI, the Government received a notification of interest from four (4) RS3 Prime Contract Holders; Altamira Technologies, Inc., 22nd Century Technologies, Inc., Barbaricum, LLC, and Amentum Services, Inc. Out of these four (4), only one (1) was found capable to the stipulations of the RFI. Of these four (4) companies, only two

(2) provided the Government with the requested ROM, Barbaricum, LLC and Amentum Services, Inc. Out of these two (2), only Amentum Services met the stipulated timeline.

Barbaricum response proposed a 14-day transition-in schedule, whereas Amentum Services response afforded support without the need of a transition-in schedule. Course slots are allocated to special operations and interagency personnel all across the U.S.

and in some cases outside the Continental U.S., which is why the Government specifically stated within the RFI, “There will NOT be a transition-in period.” The following ODCs cannot be supported with a 14-day transition period (as of today) and could potentially lead to the Government being forced to either degrade its instruction or non-conduct three (3) courses within the next 14 days:

Social Media Investigative Techniques Training on – Cannot use this course material from the external consultant without increased ODC ceiling

Program/Equipment: 1st Special Warfare Training Group (Airborne) (1st SWTG (A)) Special Activities Training

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Computer Leases to support Operational Design Course Mobile Training Team to

– Cannot extend lease on without increased

ODC ceiling Surveillance Training Exercise (including Driver’s Training and De-escalation

Training) from - Cannot be supported without increased ceiling.

Barbaricum cannot meet the Government’s requirement because it proposed a 14-day transition-in schedule in order to meet the Government’s requirement. These highly specialized courses and their unique course schedules have already been set in place.

Therefore, they cannot be pushed back in order to allow for a 14-day transition-in.

Additionally, the amount of time it will take in order get another task order in place under the Responsive Strategic Sourcing for Services (RS3) MA IDIQ will pose another schedule risk to the Government. This alternative is not feasible due to the significant schedule risk associated with the course of action. Based on historical experience, on average, awards competitively executed under $25M utilizing the RS3 MA IDIQ for the type of services required for this action require approximately 115 calendar days from receipt of the requirements package to award. The gap in services and use of Government resources to award a new effort for such a short timeframe is unacceptable and does not meet the Government’s requirement. Amentum Services is the only company that responded to the RFI without the need for a transition-in in order to meet the Government’s requirement.

8. Other Facts:

a. Procurement History:

Contract: W15P7T-10-D-D417 Task Order 0016 Contractor: AECOM Management Services, Inc.

Award Date: 30 September 2015 Competitive Status: Fair Opportunity Contract Vehicle: Rapid Response Third Generation (R23G)

Program/Equipment: 1st Special Warfare Training Group (Airborne) (1st SWTG (A)) Special Activities Training

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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: MAJ Caleb Riggs Date:

Title: 6 BN Executive Officer/COR Signature:

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: MAJ Caleb Riggs Date:

Title: 6 BN Executive Officer/COR Signature:

Program/Equipment: 1st Special Warfare Training Group (Airborne) (1st SWTG (A)) Special Activities Training

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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 upon comparison to the Independent Government Estimate, cost analysis and negotiations, as applicable. IAW Class Deviation 2018-O0012, Threshold for Obtaining Certified Cost or Pricing Data, “Effective July 1, 2018, contracting officers shall use $2 million as the threshold for obtaining certified cost or pricing data, in lieu of the threshold of $750,000 at Federal Acquisition Regulations (FAR) 15.403-4.” Therefore, certified cost or pricing data is not required for this action since the net increase amount is below $2 million.

Typed Name: Carlethia D. Smith Date:

Title: Contracting Officer Signature:

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

Typed Name: Carlethia D. Smith Date:

Title: Contracting Officer

Program/Equipment: 1st Special Warfare Training Group (Airborne) (1st SWTG (A)) Special Activities Training

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Approval

Based on the foregoing justification, I hereby approve the TO ceiling increase for the procurement of ODCs in support of Special Activities Training services in the amount of $1,531,187.28 using an exception to fair opportunity pursuant to the authority of FAR 16.505(b)(2)(i)(B) – Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized, subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Cynthia A. Jackson Date:

Command Advocate for Competition Signature: