Class JA No.24-0022_Redacted.pdf

DEPARTMENT OF DEFENSE

MISSILE DEFENSE AGENCY

5700 18th STREET

FORT BELVOIR, VIRGINIA 22060-5573

Go Fast, Think BIG!

BRIDGE J&A No: 24-0022

CLASS JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION – FAR Part 6

Program/Equipment: Advisory and Assistance Support (A&AS) for the Missile Defense Agency (MDA) under two existing cost-plus-fixed-fee (CPFF) legacy Technical, Engineering, Advisory and Management Support (TEAMS) contracts. The TEAMS Ballistic Missile Defense System (BMDS) Cybersecurity Management/Computer Network Defense (CSM/CND) contract provides comprehensive advisory and assistance services across the Agency to improve weapons systems Cybersecurity. Support provided includes Cybersecurity Management (CSM) aimed at improving the effectiveness of the current DoD Computer Network Defense Service Provider (CNDSP) construct in defending and protecting DoD networks and improving information cybersecurity integration into the system architecture, system life cycles, as well as providing accreditation documentation. The TEAMS Information Technology Management and Analysis (ITMA) contract provides MDA with Enterprise (Agency-wide) IT capabilities for Administrative and General Services (GENSER) capabilities servicing the MDA administrative and business requirements. The contract also provides GENSER for BMDS Research, Development, Test, and Evaluation (RDT&E) requirements and cybersecurity for the BMDS fielded capabilities and MDA Enterprise.

Authority: The statutory authority permitting other than full and open competition is 10 United States Code (U.S.C.) 3204(b)(B), as implemented by 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, Unacceptable delays in fulfilling the agency’s requirements.

Amount: $30.50M (Inclusive of all options)

1. Agency and Contracting Activity (FAR 6.303-2(b)(1)).

This justification and approval for other than full and open competition is for MDA Consolidated Support (CS) Program Office. The contracting activity is MDA/CSK Contracts Directorate, which provides contracting support to the CS Program Office. The point of contact for this action is

2. Nature and Description of the Action Being Approved, (FAR 6.303-2(b)(2)).

The action approved by this bridge Class J&A (CJ&A) will retain the current A&AS services as a result of delay in award of the follow-on TEAMS-Next Information Technology and Cybersecurity Management (IT/CM) contract, due to a protest received as detailed in paragraph

6. The current A&AS services for MDA are being provided under two existing CPFF legacy TEAMS contracts, which will expire on June 26, 2024. This bridge action will ensure continuity of existing work and avoid disruption of critical A&AS support to various MDA functional organizations while the competitive follow-on TEAMS-Next IT/CM contract is awarded.

Approved for Public Release 24-MDA-11836 (1 Jul 24)

Approval of this bridge CJ&A will result in contract modifications extending the existing TEAMS BMDS CSM/CND and TEAMS ITMA contracts for eight (8) months. The period of performance (PoP) extension will be segregated into a four (4) month base period and four (4) one-month options. The funding for this CJ&A will be provided by the stakeholders on the existing contracts.

3. Description of the Supplies and/or Services Required to Meet the Agency’s Needs (including the estimated value), (FAR 6.303-2(b)(3)).

Approval of this CJ&A provides a mechanism for uninterrupted critical technical and programmatic A&AS services required by MDA functional organizations. The contract actions will consist of a four (4) month base period from June 27, 2024 to October 26, 2024 and four (4) one-month options: October 27, 2024 to November 26, 2024; November 27, 2024 to December 26, 2024; December 27, 2024 to January 26, 2025, and January 27, 2024 to February 26, 2025.

The estimated cost for the proposed action is $30.50M inclusive of all options.

The critical A&AS requirements covered under this CJ&A provide enterprise-wide efficiencies through centralized management of A&AS support, which focuses on eliminating redundancies, reducing overhead and increasing opportunities for sharing technical expertise throughout the Agency, including:

The TEAMS BMDS CSM/CND contract provides comprehensive advisory and assistance services across the Agency to improve weapons systems cybersecurity. Support provided includes CSM aimed at improving the effectiveness of the current DoD CNDSP construct in defending and protecting DoD networks and improving information cybersecurity integration into the system architecture, system life cycles, as well as providing accreditation documentation.

Contract Name: TEAMS CSM/CND Contract Number: HQ0147-17-C-0055 Award Value: $105,494,467.22

J&A Approved Value Aggregate value Purpose

J&A 23-0007 2/24/2023 $13.71M $13.71M Provide continuity of existing work and to avoid disrupting critical A&AS support caused by a protest and subsequent appeal

CJ&A 23-0024 8/1/2023 $14.38M $28.09M

Provide continuity of existing work and to avoid disrupting critical A&AS support caused by a protest and subsequent appeal

CJ&A 24-0012 2/21/2024 $10.51M $38.60M

Provide continuity of existing work and to avoid disrupting critical A&AS support caused by a protest and subsequent appeal

J&A Approved Value Aggregate value Purpose

CJ&A 24-0022 In Staffing $21.40M $60.00M Provide continuity of existing work and to avoid disrupting critical A&AS support caused by a protest and subsequent appeal

This CJ&A extends the PoP from June 27, 2024 to February 26, 2025 including options to be exercised as needed.

The TEAMS ITMA contract provides MDA with Enterprise (Agency-wide) IT capabilities for Administrative and GENSER capabilities servicing the MDA administrative and business requirements. The contract also provides GENSER for BMDS RDT&E requirements and cybersecurity for the BMDS fielded capabilities and MDA Enterprise.

Contract Name: TEAMS ITMA Contract Number: HQ0796-18-C-0002 Award Value: $27,222,003.90

J&A Approved Value Aggregate value Purpose

CJ&A 23-0024 8/1/2023 $5.61M $5.61M

Provide continuity of existing work and to avoid disrupting critical A&AS support caused by a protest and subsequent appeal

CJ&A 24-0012 2/21/2024 $4.66M $10.27M

Provide continuity of existing work and to avoid disrupting critical A&AS support caused by a protest and subsequent appeal

CJ&A 24-0022 In Staffing $9.10M $19.37M Provide continuity of existing work and to avoid disrupting critical A&AS support caused by a protest and subsequent appeal

This CJ&A extends the PoP from June 27, 2024 to February 26, 2025 including options to be exercised as needed.

4. Statutory Authority Permitting Other than Full and Open Competition (FAR 6.303- 2(b)(4)).

The statutory authority permitting other than full and open competition is 10 U.S.C. 3204(b)(B), as implemented by FAR 6.302-1(a)(2)(iii)(B), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, Unacceptable delays in fulfilling the Agency’s requirements.

5. Demonstration of Contractor’s Unique Qualifications or the Nature of the Acquisition Requires Use of the Authority Cited (FAR 6.303-2(b)(5)).

TEAMS CSM/CND and ITMA A&AS services are currently being provided on two (2) separate contracts as follows:

CSM/CND: HQ0147-17-C-0055

Prime Contractor: System High Corporation

ITMA: HQ0796-18-C-0002

Prime Contractor: Five Stones Research Company

The PoP for both contracts ends on June 26, 2024. Continued performance after that date is essential to accomplishment of MDA’s critical mission and to allow for the completion of the competitive award of the follow-on contract.

Due to the delays as further described in paragraph 6 of this CJ&A, the current contracts must continue fulfilling the requirements. In addition, no other contractor is capable of performing the short-term bridge efforts without unacceptable delay. The incumbent contractors are currently providing experienced staff who have required security clearances and familiarity with MDA systems, processes, and operational requirements. Failure to continue uninterrupted contractual coverage for these critical A&AS services will have an unacceptable negative impact on MDA’s ability to accomplish its mission. Continuation of the current contracts is the only viable solution for providing these mission-essential services without interruption.

Furthermore, extension of the existing contracts will protect the integrity of the competitive follow-on process, ensuring a fair and complete source selection and award.

6. Efforts to Obtain Competition (FAR 6.303-2(b)(6)).

On October 2, 2019, an acquisition strategy to consolidate the requirements of the above two (2) contracts into a single follow-on contract titled TEAMS-Next IT/CM was approved by the Director of the MDA.

The TEAMS-Next IT/CM Final Request for Proposals (RFP) was issued on December 28, 2021 as a Small Business Set-Aside. There were four (4) Amendments to the RFP. Proposals were received on February 23, 2022. The TEAMS-Next IT/CM contract award was announced on August 29, 2022.

On September 13, 2022 the Contracting Officer was notified of a post-award protest filed with the Government Accountability Office (GAO). The TEAMS-Next IT/CM contract start date was delayed pending the GAO determination. The GAO notified MDA of its decision to deny the protest on December 16, 2022. Based on the decision, the Contracting Officer established a new start date of January 31, 2023 for this contract.

On December 28, 2022, an appeal was filed with the Court of Federal Claims (CoFC) which required the Contracting Officer to issue a stay of performance for the TEAMS-Next IT/CM contract.

On May 17, 2023, a Joint Stipulation of Dismissal was filed with COFC on the basis that the Government would take corrective action on the solicitation. Corrective action was originally projected to take six (6) months to complete. However, the evaluation team required an additional month to ensure the evaluations were properly documented and reviewed prior to award. On January 8, 2024, the contract was reaffirmed. On January 22, 2024, a protest was received with GAO. The filing of the protest has caused an additional delay in the start of the contract. On April 30, 2024, GAO denied the protest.

On May 13, 2024, a protest was filed with COFC. As a result of the protest, performance of the TEAMS-Next IT/CM contract is stayed.

7. Determination of Fair and Reasonable Cost (FAR 6.303-2(b)(7)).

The Government retains detailed data on the incumbent contractor’s performance on current contracts and has access to cost/pricing data on other contractors who perform similar service contracts using comparable labor categories. Thorough analysis of proposed prices for the modifications to extend the PoP will be conducted. This analysis will include comparisons of proposed prices to prices previously incurred under these contracts, as well as market analyses for similar services performed by other contractors as applicable. The efforts will provide the Contracting Officer with sufficient data to determine overall price reasonableness of the intended sole source awards.

8. Description of Market Research Conducted (FAR 6.303-2(b)(8)).

Market research was conducted for the initial TEAMS contracts awards, and was completed on April 30, 2015. New market research was conducted for the follow-on TEAMS-Next acquisition, which included three (3) Industry Days held in December 2018, June 2019, and December 2019.

This continuous market research indicated existence of a broad industrial base capable of satisfying MDA’s A&AS service requirements. Therefore, a competitive RFP was issued for the follow-on contract as described above and multiple offers were received in response to the RFP.

The market research conducted indicated there is a competitive market for this requirement and multiple offerors proposed in response to the RFP. Based on the market research conducted and the competitive source selection, MDA has adequate insight into the market for these services and a Request for Information or Sources Sought Notice would not likely provide any additional useful information to support the acquisition strategy.

9. Any Other Facts Supporting the Use of Other Than Full and Open Competition (FAR 6.303-2(b)(9)).

These sole-source contract extensions will provide for vital mission services to continue uninterrupted until the protest is resolved.

10. Listing of Sources (FAR 6.303-2(b)(10)).

On July 19, 2023, the MDA Director, as Head of the Contracting Activity and in accordance with Defense Federal Acquisition Regulation Supplement Procedures, Guidance, and Information (DFARS PGI) 206.302-1(d), delegated authority to waive the requirement to post a Request for Information or Sources Sought Notice to the Director for Contracting. The execution of this CJ&A by the delegee waives the requirement to post a Request for Information or Sources Sought Notice for the bridge effort in accordance with DFARS PGI 206.302-1(d).

11. Actions Taken to Remove Barriers to Competition (FAR 6.303-2(b)(11)).

For the purposes of this CJ&A, the required extensions apply to existing TEAMS contracts and the current contractors are the only responsible sources to provide uninterrupted A&AS services while the TEAMS-Next acquisition is ongoing. Open competition was achieved during the initial solicitation. The acquisition approach for the TEAMS-Next contract is being conducted using a small business set-aside competition.

12. Technical/Requirements Official Certification (FAR 6.303-2(c)). I certify that this justification for other than full and open competition is made in good faith and that the supporting data and information are accurate and complete to the best of my knowledge and belief. I further certify that this request is not the result of a lack of advance planning.

13. Contracting Officer (FAR 6.303(b)(12)). I have determined that the anticipated cost to the Government will be fair and reasonable and certify that the justification is accurate and complete to the best of my knowledge and ability.

14. Legal Counsel. I have reviewed the justification and determined it to be legally sufficient.

15. Contracting Director (Program Level). I have reviewed the justification and recommend it be approved.

16. Recommendation of Competition Advocate. I recommend approval of the above justification.

17. Approval (FAR Part 6.304). In accordance with FAR Part 6.304, the above justification for other than full and open competition and the waiver of the DFARS PGI 206.302-1(d) requirement is hereby approved.

Director for Contracting, MDA/CT