Eustis EFOJ 2022_10_Redacted.pdf

CUI

Control No: MICC 2022-10

Contractor: J Research Group, LCC Program/Equipment: FCC Proper

CUI

(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) W9124L20D0008 / W9124L21F0001, awarded to JANUS Research Group, LCC (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 April 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 purpose of this effort is to obtain contractor support to perform capability needs analysis and requirements development services; mission command and intelligence services; mission command document review services; information operations capability development and integration services;

countering weapons of mass destruction analysis services; cyber focus without electronic warfare capability development services; tactical wheeled vehicle decision facilitation services; robotics strategy and requirements development services; G/3/5/7 support services; FCC G-3/5/7 Joint Integration Team support services; and AFC modernization process and futures development process support services. 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 Dec 2021 to 21 Jun 2022 Value: $1,197,791

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

Contractor: J Research Group, LCC Program/Equipment: FCC Proper

CUI

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

Apr 2021

5. Reason for Authority Cited:

a. The FID’s mission, to include: executing analysis and integration of requirements, resources, and solutions to synchronize the fielding of solutions ensuring Multi-Domain Operations will dominate on future battlefields, is critical to support the Army’s Modernization Strategy. The FID utilizes the services of JANUS to ensure successful delivery of the FID’s mission requirements.

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 FID mission is leveraged with contractor support. FID non-military workforce consists of 68 government civilians and 12 JANUS contractor personnel. Because FID relies so heavily on JANUS support and since JANUS is the only source available to fulfill this urgent 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 the FID 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 ( months under the FCC IDIQ 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 FID’s will experience disruptions in the performance of these essential knowledge management functions, mission command decision-making functions, and oversight functions vital to FID’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

Contractor: J Research Group, LCC Program/Equipment: FCC Proper

CUI

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

Apr 2021 provide fair opportunity among the IDIQ holders. Some of the tasks may be supported with a different task order due to changes in the way the services are currently provided and the FCC’s evolving mission and organization.

7. Market Research: Market research was performed in September of 2020 and June of 2021 to support the new IDIQ MATOC award. The research shows the ability to compete the task order among all the IDIQ holders using fair opportunity procedures but only if adequate time is available to perform all the pre-award contracting requirements.

Market research techniques included reviewing the procurement history, reviewing mandatory and preferred sources, and searching www.sam.gov and small business databases. Additionally, the market research for the MATOC re-compete included issuing a sources sought on 18 May 2018 and conducting an Industry Day on 7 May 2019. Eleven (11) companies responded to the sources sought. One (1) large business and one (1) small business were deemed either fully or moderately capable of performing all tasks. The other nine (9) were not fully capable in all performance areas required to include capability development support, experimentation and evaluation support, synergy support, and information technology and information management support. The Industry Day resulted in significantly high participation. Both large and small businesses expressed interest in the procurement. The Industry Day determined the market has not changed since a Sources Sought was posted in 2018 and small businesses expressed interest in only performing a few of the task areas or seeking a teaming arrangement as a subcontractor. Small businesses do not have the capability to meet the specific and complex needs of the FCC, such as synergy support and experimentation and evaluation, to meet FCC’s mission and provide the required flexibility.

In October 2020, FCC approved the use of 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).

8. Other Facts:

a. Procurement History.

The previous contract action, W911S0-15-D-0003 / W911S019F0064, was a Firm- Fixed-Price task order and was awarded following fair opportunity procedures within the Army Capabilities Integration Center (ARCIC) MATOC to JANUS on 7 December 2018 in the amount of $5,168,138.24, for a base year plus one (1) option year. The previous task order, W911S0-15-D-0003–0001, was also awarded as Firm-Fixed-Price following fair opportunity procedures under the ARCIC MATOC to JANUS Research Group, Inc.

on 30 June 2015.

Contractor: J Research Group, LCC Program/Equipment: FCC Proper

CUI

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

Apr 2021

As a result of delays to the new IDIQ MATOC, the current task order, W9124L21F0001, was awarded to JANUS on 22 December 2020 in the amount of $3,964,401.53 with a FAR 16.505(b)(2)(i)(A) Exception to Fair Opportunity Justification approved on 8 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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