CUI_Eustis EFOJ 2022_04_Redacted.pdf

CUI

Control No: MICC 2022-4

Contractor: JANUS Research Group, Inc.

Program/Equipment: FCC JMC Mission Support

(Source Selection information - See FAR 2.101 and 3.104-4)

Apr 2021

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 Mission and Installation Contracting Command (MICC), Fort Eustis, 705 Washington Avenue, Fort Eustis, Virginia 23604

2. Description of Action: FCC requests a modification to Task Order (TO) W9124L- 20-D-0008 / W9124L-21-F-0006, awarded to JANUS Research Group, LLC (JANUS), located at 600 Ponder Place Dr., Evans, GA 30809-3185, to exercise FAR 52.217-8, Option to Extend Services, incorporated in the task order at award. This option extension will allow sufficient time to compete the follow-on Task Order, which was delayed due to a Government Accountability Office (GAO) protest that was filed against the new Indefinite Delivery, Indefinite Quantity (IDIQ) Multiple-Award Task Order Contract (MATOC) awarded on 19 July 2021. The Government projects award of the follow-on Task Order in February 2022, using Fiscal Year (FY) 2022 Operations and Maintenance, Army funds. Therefore, to avoid unacceptable delays in service until the new task order is awarded against the FCC MATOC IDIQ, an extension of the current task order is required. An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i)(B).

3. Description of Supplies/Services: The JMC conducts physical integration and evaluations of the network, capability packages, and other adaptive core capabilities to provide Doctrine, Organization, Training, Materiel, Leadership and Education, Personnel, Facilities, and Policy (DOTMLPF-P) recommendations to the Army. These annual integration evaluations result in getting capabilities into the hands of Soldiers more rapidly, enhancing the combat survivability and operational effectiveness of U.S.

Army operational forces by ensuring they have the most current technologies and Doctrine, Organizations, Training and Leader Development (DOTL)-related insights.

The Contractor shall support JMC in a wide variety of efforts and shall ensure that all projects maintain consistency with each other and that no duplication of effort exists within the program. The Contractor shall provide personnel, expertise, and skills required to support JMC’s mission. All tasks necessary to successfully execute the mission are defined in the Performance Work Statement (PWS). The period of performance for the FAR 52.217-8 extension, and associated value are as follows:

FAR 52.217-8: 22 OCT 2021 to 21 APR 2022 Value: $2,292,607.35

4. Authority Cited: This action is authorized under provisions of 10 U.S.C. 2304 c(b)(1) as implemented by FAR Part 16.505(b)(2)(i)(A) – The agency need for supplies

Apr 2021 or services is so urgent that providing a fair opportunity would result in unacceptable delays.

5. Reason for Authority Cited:

a. JMC’s mission to conduct physical integration and evaluations of the network, capability packages, and other adaptive core capabilities to provide DOTMLPF-P recommendations to the Army is critical to support the Army’s Modernization Strategy.

JMC utilizes the services of JANUS to ensure successful delivery of JMC’s mission requirements.

JANUS ensures JMC meets its objectives. The objectives are:

Establish and mature the organization as the centerpiece for network integration evaluations.

Shape and validate training and training resources for capability solutions under evaluation.

Evaluate capability solutions across DOTMLPF-P recommendations.

Sustain the organization so that it is fully capable of supporting the Army's modernization strategy.

Integrate combat, training, and material developer evaluation efforts.

Inform military and political leadership and the public about Army’s modernization strategy and network integration.

As the incumbent, JANUS was awarded the current task order on a sole source basis because of delays in the award of the FCC MATOC caused by the changing and evolving mission of the FCC as well as changes in their internal personnel assigned to the re-compete of the requirement. The JMC non-military workforce consists of 46 government civilians and 27 JANUS contractor personnel. Since JMC relies so heavily on JANUS’s support and because JANUS is the only source available to fulfill this need without undue delay, the exception to fair opportunity under 10 U.S.C. 2304c(b)(1) applies. The following paragraphs further elaborate on the needs of JMC and why JANUS is the only Contractor capable of immediately providing these services during this interim period.

1) There is insufficient time and resources available to award this six (6)-month extension on a competitive basis without further delaying award of the follow-on task order.

2) Even if it were possible to compete the six (6)-month extension instead of exercising the 52.217-8 option, doing so would result in the award of an order with such an abbreviated performance period that the likelihood of receiving proposals is low because of the time necessary to compete the order (three months under the FCC IDIQ

Apr 2021

MATOC due to the complexity of the requirement) and then phase-in a new contractor (two months).

3) Competing the follow-on task order and transitioning to a new contractor under that compressed timeline creates significant operational risks and increases the possibility that JMC will experience disruptions in the performance of these essential knowledge management functions, mission command decision-making functions, and oversight functions vital to JMC’s mission execution.

4) The new IDIQ MATOC (Solicitation W911S0-19-R-0001) was awarded on 19

July 2021. Following debriefings, an unsuccessful offeror filed a protest (B-420039) with the GAO on 3 August 2021. As a result, the Army issued a Stop Work Order due to the automatic stay of performance mandated by the Competition in Contracting Act (CICA), which delayed the award of all the follow-on Task Orders scheduled to be awarded under the IDIQ MATOC. The GAO Protest was rescinded on 9 September 2021;

however, it still caused a major delay in the award timelines of the follow-on task order, which was exacerbated by staff turnover and the execution of end of fiscal year workload. Until the JMC Mission Support Service Task Order is awarded, these vital services must continue without delay or lapse in service. The extension, by exercising FAR 52.217-8 from 22 October 2021 to 21 April 2022, is necessary to allow time to complete the competitive award of the JMC Mission Support Services Task Order against the new IDIQ MATOC, which is anticipated in February 2022.

5) JANUS continues to provide outstanding capability documents and executive level correspondence for all task order delivery requirement submissions. JANUS is fully capable of meeting JMC’s mission to get capabilities into the hands of Soldiers more rapidly, enhancing the combat survivability and operational effectiveness of U.S. Army operational forces by ensuring they have the most current technologies and DOTL-related insights. A gap in services will seriously impact the mission and objectives of JMC to support the Army’s holistic network strategy such as providing a field evaluation capability with accelerated delivery of selected capabilities to the current force, reducing operational risk prior to delivery, and helping build a versatile mix of mobile, networked, and combat effective brigade combat teams (BCTs). Without the services provided by JANUS, JMC will not be able to provide the required technical services needed to continue to meet their mission. This results in the mission and objectives not being met and places a high risk of mission failure on JMC.

The previous task order was competed among all three (3) contract holders under the preceding IDIQ MATOC. JANUS provided a proposal that exceeded the Governments requirements and placed the least risk to the Government. Its technical approach, staffing and management approach, and the execution of the mission are being applied to this bridge task order and can continue to be provided during the FAR 52.217-8 extension to seamlessly and urgently provide this knowledge and expertise during the bridge support. JANUS has been the service provider since June 2017.

Apr 2021

b. Alternatives.

1) End Services: Forgoing current services is not a viable alternative. This would result in a significant disruption of JMC mission services support. This option results in mission failure for this critical JMC endeavor.

2) Use of Government Resources. Currently there are no available Government personnel (military or civilian) on-hand with the ability to assume the critical work performed using contractor support should there be a lapse in service. Also, the contractor positions are performed by individuals with very specialized knowledge and experience required to execute the tasks contained throughout the PWS. The organization does not have the capability to in-source personnel to meet mission requirements without a break in operational support. The Tables of Distribution and Allowances (TDA) provide for adequate oversight and management of the task order effort, but lack personnel with the requisite skill sets to execute the tasks outlined in the

PWS.

c. Verified Minimum Requirements and Need. The minimum requirement includes performance of all PWS tasks until the new JMC Mission Support Task Order is estimated to be awarded in February 2022. The current services will continue under this task order modification until 21 April 2022. This six-month extension will provide for a continuation of services through 21 April 2022 and will provide the needed time in order to award a task order that is fair and reasonable and provides fair opportunity.

d. Considerations for using one source. Time available versus time required, phase-in/phase-out time, and the complexity of the requirement were considered in the decision to solicit only to one source. The time available to procure new services was not adequate to obtain both required FCC approvals and Government Procurement approvals, and solicit and award a new task order. Even if a new contractor were to receive this work, then it would require a 60-day phase-in period, which could place the Government at risk of a break in services. Additionally, competing the extension and transitioning to a new contractor under the compressed timeline will create significant operational risks and enhance the possibility that JMC will experience disruptions in the performance of essential knowledge management functions, mission command decision-making functions, and the ability to perform oversight functions vital to mission execution.

e. Interim Contract Cost. This is a six (6)-month extension under FAR 52.217-8, Option to Extend Services, to the interim task order with the incumbent, JANUS. It would be neither cost effective nor realistic to expect another Contractor to perform the requirements during this brief interim period. If a task order is awarded to a new contractor for the interim period, the contractor will likely experience problems in recruiting professional employees with the required minimum qualifications and providing associated relocation fees; providing contract continuity without lapse in

Apr 2021 experimentation and evaluation, to meet FCC’s mission and provide the required flexibility.

In October 2020, approval was received to use the Fires Center of Excellence (FCOE) MATOC to provide a seamless continuation of services to the FCC until a new task order can be competitively awarded against the new IDIQ MATOC (Solicitation W911S0-19-R-0001). The requirement is within the scope, performance period, and maximum value of the FCOE MATOC.

8. Other Facts:

a. Procurement History.

The previous contract action, W911S0-15-D-0003 / W911S0-19-F-0091, is a FFP task order and was awarded following fair opportunity within the Army Capabilities Integration Center (ARCIC) Mission Support Services (MSS) MATOC to JANUS on 4 December 2018 in the amount of $9,597,535.68, for a base year plus one option year.

Fair opportunity procedures under FAR 16.505(b) were followed for the award. The previous task order, W911S0-15-D-0002–0001, was also awarded as FFP following fair opportunity procedures under the ARCIC MATOC to Valiant Global Defense Services on 1 March 2015 for a base year plus two (2) option years.

As a result of delays to the new IDIQ MATOC, the current task order, W9124L-21-F-

0006, was awarded to JANUS on 22 December 2020 in the amount of $2,319,887.04 with a FAR 16.505(b)(2)(i)(A) Exception to Fair Opportunity Justification approved on 18 December 2020. This task order was for a six (6)-month base and six (6) 30-day option periods. The task order included FAR Clause 52.217-8, Option to Extend Services at award.

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