Eustis EFOJ 2022_12_Redacted.pdf

CUI

Control No: MICC 2022-12

Contractor: Valiant Global Defense Services, Inc.

Program/Equipment: FCC BLCSE 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) GS00Q14OADU139 / W911S021F0045, awarded to Valiant Global Defense Services, Inc. (Valiant), located at 3940 Ruffin RD. STE C, San Diego, CA 92123-1844, 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 the necessary technical support services for the maintenance, development, enhancement, integration, and use of Analysis Division, Battle Laboratory Collaborative Simulation Environment (BLCSE) in support of distributed experiments/events conducted by the U.S. Army Futures and Concepts Center (FCC) in support of Army Futures Command-directed concept and capabilities development efforts. 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: $1,414,104

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: Valiant Global Defense Services, Inc.

Program/Equipment: FCC BLCSE Support

CUI

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

Apr 2021

5. Reason for Authority Cited:

a. The Analysis Division, BLCSE’s mission, to include: serving as the FCC lead and cross domain coordinator for the experimentation modeling and simulation (M&S), leading and managing the use and development of the FCC wide distributed M&S asset BLCSE environment, and providing staff management of the M&S, is critical to the accomplishment of Army modernization. The BLCSE utilizes the services of Valiant to ensure successful delivery of the BLCSE’s mission.

As the incumbent, Valiant 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. BLCSE non-military workforce consists of 22 personnel of which 18 are contractor personnel. Because BLCSE relies so heavily on Valiant support and because Valiant 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 BLCSE and why Valiant 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 (four 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 BLCSE will experience disruptions in the performance of these essential knowledge management functions, mission command decision-making functions, and oversight functions vital to BLCSE 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, Apr 2021 which was exacerbated by staff turnover and the execution of end of fiscal year workload. Until the BLCSE 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 December 2021 to 21 June 2022, is necessary to allow time to compete the competitive award of the BLCSE Mission Support Services Task Order against the new IDIQ MATOC, which is anticipated in April 2022.

5) Valiant continues to provide outstanding capability documents and executive level correspondence for all task order delivery requirement submissions. Valiant is fully capable of meeting BLCSE’s mission to maintain the technical aspects of the BLCSE federation; support BLCSE-related distributed event planning, integration, and execution; evaluate, assess, and provide recommendations to the Government on new federation models, simulations, and tools and integrating selected new federates as required/directed; supply regional technical integration and direct support to FCC Battle Labs; and provide minor maintenance enhancements and technical modifications to the One Semi Automated Forces (One SAF) simulation. A gap in services will seriously impact the mission and objectives of the BLCSE. Without the services provided by Valiant, BLCSE will not be able to provide the required technical services needed to continue to meet its mission. This results in the mission and objectives not being met and places a high risk of mission failure on BLCSE.

The previous task order was competed among all three (3) MATOC contract holders.

Valiant provided a proposal that exceeded the Government’s 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. Valiant has been the service provider since October 2015.

b. Alternatives.

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

Apr 2021

c. Verified Minimum Requirements and Need. The minimum requirement includes performance of all PWS tasks until the new BLCSE Mission Support Task Order is estimated to be awarded in April 2022. The current services will continue under this task order modification until 21 June 2022. This six-month extension will provide for a continuation of services through 21 June 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 BLCSE 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, Valiant. 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 service; and preparing and delivering all the reports required per the PWS, which are highly complex in nature and require extensive coordination with the BLCSE prior to development.

f. Interim Contract Requirement. This is a six (6)-month extension under FAR

52.217-8, Option to Extend Service, to the interim task order until award of a follow-on service task order anticipated by 21 April 2022. There is no protest associated with this interim task order request.

g. Impact. If there is a break in the services provided by Valiant, continuance of mission essential work will be placed in jeopardy and the risk of mission failure would be severe. BLCSE relies on Valiant to perform the mission critical tasks in the PWS to meet its mission needs. A suspension of services places the Government at risk, as BLCSE will not be able to sufficiently fulfill its commitment to the Army required by its mission. A lapse in service in order to accommodate providing a fair opportunity would

Apr 2021 severely impede, if not halt, the ability of FCC and BLCSE to meet their objectives and accomplish their mission.

6. Actions to Increase Competition: In order to increase competition in the future, a new BLCSE Mission Support Services Task Order will be competitively awarded against the FCC IDIQ MATOC (awarded on 19 July 2021) by April 2022, which will 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 July 2020, FCC approved the use of the General Services Administration (GSA) One Acquisition Solution for Integrated Services (OASIS) Unrestricted Pool 1 contract to provide a seamless continuation of services to the FCC BLCSE 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-0002 / W911S0-19-F-0058, was a Firm- Fixed-Price task order and was awarded following fair opportunity procedures within the

Contractor: Valiant Global Defense Services, Inc.

Program/Equipment: FCC BLCSE Support

CUI

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

Apr 2021

Army Capabilities Integration Center (ARCIC) MATOC to Valiant on 7 December 2018 in the amount of $5,241,397.17, for a base year plus one (1) option year. Prior to W911S0-19-F-0058, W911S0-15-D-0001–0004 was also awarded as Firm-Fixed-Price following fair opportunity procedures under the ARCIC MATOC to Booze Allen Hamilton on 10 July 2015 for a base year and two (2) option years, and one six (6) month extension.

As a result of delays to the new IDIQ MATOC, the current task order, W911S0-21-F- 0045, was awarded to Valiant on 22 December 2020 in the amount of $2,950,851.28 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 ( ) 30-day option periods. The task order included FAR Clause 52.217-8, Option to Extend Services at award.

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