EW_BRIDGE_Justification_and_Approval_FAR_6_Redacted.pdf

Control No: Sill-2018-3 Contractor: Potawatomi Training LLC

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FAR Part 6 Justification and Approval for Other than Full and Open Competition

1. Contracting Activity: Mission Installation Contracting Command, Fort Sill, OK

2. Description of Action: U.S. Army Fires Center of Excellence and Fort Sill (USAFCOEFS) Electronic Warfare (EW) College, Fort Sill Ft. Sill, OK requires the award of a non-personal, sole source firm-fixed price bridge contract to Potawatomi Training, LLC. for the U.S. Army Electronic Warfare College Fort Sill Ft. Sill, OK to provide instruction and subject matter expertise for the ASI 1K Army CREW Master Gunners Course, FA 29 Functional Area Officer course, MOS 29E, 290A Basic and Advanced Courses (WOBC and WOAC). Additionally the contract provides logistical, information technology, and range operations in support of the EW College. Fiscal Year 2018 Operations and Maintenance funds will be used.

3. Description of Supplies/Services:

a. The award of a sole source contract to Potawatomi Training, LLC is required for non-personal, commercial services (as defined in Federal Acquisition Regulation (FAR) Part 12 and 13) to provide instructor and training support services in support of the U.S.

Army Electronic Warfare College. The US Army Electronic Warfare College has been established to develop, instruct and maintain the Army’s ASI 1K Army CREW Master Gunners Course, FA 29 Functional Area Officer course, 29E MOS producing and Senior Leaders Course, 290A Basic and Advanced Courses (WOBC and WOAC). Because of the breadth of knowledge required for all courses taught, the EW College currently does not have the expertise in its ranks to perform this work. This contract will facilitate the EW College mission to train a professional EW workforce with the ability to achieve effects ISO of the commander's objectives at echelons corps and below.

b. This proposed action is an interim bridge effort to continue mission critical services to the EW College until a current GAO level protest is resolved on a newly awarded contract for these services. The contract will be a firm fixed price effort awarded on a sole source basis to the incumbent contractor Potawatomi Training, LLC. Subpart

13.5 -- Test Program for Certain Commercial Items will be utilized to solicit and award the contract. The performance period will run from 29 September 2018 through 31 Oct 2018. The total estimated value of this action is , and will be funded with FY18 OMA funds. The performance period will commence upon the expiration of the current task order (W911S0-10-D-0017, TO 0013) beginning 29 September 2018, bridging performance until the GAO level protest has been resolved.

XX 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).

Period of Performance: 29 September 2018 to 31 October 2018.

Total Value: The total estimated value of this action is .

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4. Authority Cited: 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Reason for Authority Cited: The proposed action is an interim effort to continue mission critical services to the USAFCOEFS upon resolution of a GAO level protest action on new awarded contract for these services. The contract will be a firm fixed price effort awarded on a sole source basis to the incumbent contractor, Potawatomi Training LLC (Oklahoma City, OK). Subpart 13.5 – Test Program for Certain Commercial Items will be utilized to solicit and award the contract. The performance period will cover 29 September 2018 through 31 October 2018, and the total value of this action is $273,465.15 (Independent Government Estimate) for a period of 33 days. The contract will be funded with FY18 OMA funds. The performance period will commence upon the termination of the current task order for the Government’s convenience. The termination of the existing task order is necessary to align the Phase-in requirement of the new contract, which was interrupted by protest. The current task order will be terminated effective 28 September 2018. This new contract will begin 29 September 2018, and “bridge” performance until 31 October 2018.

Contract Period: 29 September 2018 to 31 October 2018 Total Value:

a. 1. As described at FAR 6.302-1(a)(2), when the supplies or services required by the agency are available only from one responsible source, or for DoD, NASA and the Coast Guard, from only one or a limited number of responsible sources, and no other types of supplies or services will satisfy agency requirements, full and open competition need not be provided for.

(iii) For DoD, NASA, and the Coast Guard, services may be deemed to be available only from the original source in the case of follow-on contracts for the continued provision of highly specialized services when it is likely that award to any other source would result in –

(B) Unacceptable delays in fulfilling the agency’s requirements. (See 10 U.S.C.

2304(d)(1)(B).)

The award of a sole source contract to Potawatomi Training LLC is required for non-personal, commercial services to provide instructor and training support services in support of the U.S. Army Fires Center of Excellence and Fort Sill (USAFCOEFS) Electronic Warfare Division, Fort Sill, OK. The USAFCOEFS established the Electronic Warfare Division course (EW) in order to accomplish this critical mission. This course is designed to train individuals in Electronic Warfare and Range operations in the field. It covers the tactics, techniques, and procedures for Electronic Warfare. This requirement will migrate to the Cyber Center of Excellence during the new contract recently awarded and under protest. The USAFCOEFS and School currently do not have the expertise in its ranks to perform this work. The experience/background required dictates very senior and well-rounded instructors. They must have current certified qualifications in the MOS specific to Electronic Warfare (1J, 29E, and others). This contract will facilitate the USAFCOEFS mission to train Army personnel to the highest standards necessary to accomplish the mission.

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The Mission Installation Contracting Command, Ft. Sill, OK cannot extend the current task order, which was awarded under the FCoE OMNIBUS IDIQ, without approval. FAR Clause 52.217-8 was included and evaluated in the original task order, however the six month extension has already been executed. Subsequently, the current task order with the six month extension will expire 28 September 2018, under termination for convenience in order to bridge performance through new contract Phase-in.

Additionally, the base contracts for the FCoE OMNIBUS IDIQ expired 16 June 2016, therefore no further task orders can be award against the base contract.

Potawatomi Training LLC (PTLLC) will be solicited to provide a proposal for a 33-day bridge, period of performance 29 September – 31 October 2018. Current and previous task orders were competed among awardees under the expired OMNIBUS, which expired in June 2016. No new task orders can be issued under the OMNIBUS.

The current contractor has performed successfully on EW tasks prior to the current task order, through the current task order, including the six month extension period, all of which was awarded under the expired OMNIBUS. PTLLC is the logical choice to continue performance during the Phase-in period of the new contractor after successful dismissal of award protest through GAO.

(b) Alternatives: There are no reasonable alternatives. To compete this bridge contract would result in substantial duplication of costs for the short period of performance, and the likelihood of receiving candidates under competition that are certified and have required clearances for this requirement is very low. The new contractor is targeting the sources that would be available for these candidates, which are not readily available in the area.

(c) Address the following as applicable.

1. The verified minimum requirements of the Government are to continue performance after resolution of the GAO level protest. The newly awarded contract, had a stop performance notice was issued 20 July 2018. This contract has a 90 day phase-in period in which the new contractor will need to complete before beginning full performance. This bridge contract will allow critical services to continue on a monthly basis until the new contractor has completed Phase-in requirements without an interruption in services.

2. Obtaining competition for this short duration requirement would result in duplicative costs and would not allow enough time to phase-in new instructors. A new competitive contract has already been awarded, and the new award received a GAO-level protest. Since protest resolution, only 33 days are required to be “bridged” to allow the new contractor to complete initial Phase-in requirements.

3. There are no directed/mandated actions that affect this requirement for bridge action.

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4. There are no additional constraints such as schedule requirements, unique features or mandatory requirements, or patented/proprietary data that would limit competition.

5. It is not cost effective or realistic to expect another Contractor to perform during the brief interim period. A new contractor would require a minimum of 90 to 120 days phase-in to certify a new workforce in as Instructors in this field. The qualification requirements do not exist in the local market area. The degradation and/or lag in service for this period is not acceptable at a time when soldiers are needed in this low density, high demand EW skillset. Potawatomi Training, LLC is uniquely positioned and is currently providing a workforce with the capability to conduct required training without a break in service in the interim.

6. A competitive Woman-Owned Set Aside solicitation was awarded 2 July 2018.

Notice of GAO-level protest was received 16 July 2018, within 10 days of debriefings to unsuccessful offerors. Corvus Group was the protester, and there were five protest grounds submitted to GAO (shortened version):

a. Agency evaluation improperly conflated the Best Value and Lowest Price Technically Acceptable source selection processes.

b. Agency intended to follow the identified, Lowest Price Technically Accceptable (“LPTA”) source selection process; the Agency improperly, but materially, deviated from this identified strategy and instead followed certain criteria associated with a “traditional” Best Value procurement.

c. Asserts that the sole significant weakness identified and relied upon by the Agency was based on the Agency’s own error; was promptly remedied by Corvus, and should have been disregarded (to say nothing of being an improper weakness if the Agency did decide to follow the LPTA scenario).

d. Agency was required to conduct a cost realism and cost reasonableness analysis is factually and legally incorrect. Agency failed to perform any cost realism analysis on winning price proposal, given its otherwise stated best value analysis.

e. New awardee should not have been found technically acceptable is not supported by any facts.

The Government received notice of withdrawal of protest on 8 August 2018. This is the date of dismissal and resolution. The new contractor was notified to resume Phase-in activities 9 August 2018, and will complete this process 31 October 2018, beginning full performance on 1 November. The current task order extension will be terminated for the Government’s convenience 28 September 2018, with only two days remaining in the six-month extension, in order to complete new contract Phase-in in 33 days. The period of performance for this bridge contract is 29

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September 2018 – 31 October 2018, and at that time, the bridge contract will be completed to avoid services interruption.

d. Impact: Without the continued use of contractors, the level of instruction be would be severely reduced or cause a stoppage in training. It would be impossible to restructure the college to mitigate the Subject Matter Expertise gaps created by the loss of contractor support. MIL/DAC personnel would have to be pulled from the other courses to instruct the FA29 course and the 1K course as both are instructed by 10 CME's. Training Development and range operations would cease until the new contract is awarded as they are fully contractor supported. Degradation of training due to lack of contractual support would severely hinder the Army's already limited EW capability affecting the EW workforces ability to achieve effects ISO of the commander's objectives at echelons corps and below.

6. Efforts to Obtain Competition: A competitive solicitation was issued 23 May 2018 as a Woman-Owned Small Business (WOSB) Set Aside. One amendment was issued to the original solicitation. The Solicitation closed on 14 June 2018. Previous task orders were competitive under the OMNIBUS IDIQ awarded by Fort Eustis for Fort Sill in 2010, expiring in June 2016. No additional task orders were awarded past 15 June 2016. Due to issuance of competitive solicitation, additional actions to further increase competition have not been and will not be attempted.

a. Effective Competition: Because this is a sole source action, effective competition is not applicable.

7. Actions to Increase Competition: In accordance with email titled, “Waiver for sources sought synopsis /Request for Information due to Protest”, this action will not be synopsized. Reference attached email dated Wednesday, September 23, 2015 3:25 PM.

8. Market Research: The current and two previous EW task orders were competitively awarded under the OMNIBUS IDIQ suite , which expired 15 June 2016. The incumbent contractor received the last two awards. The sub-contractor was the prime on the previous award. All of the OMNIBUS awardees were small businesses.

Market research was conducted and revealed several Woman Owned Small Businesses that included NAICS Code 541990 in their portfolios. A Sources Sought notice was issued via FedBizOpps on 20 March 2018 and revised 22 March 2018. As a result of the responses received, the Contracting Officer determined that a WOSB set-aside was appropriate. Market Research was performed from November 2017 through mid-January 2018, completed 16 January 2018. GSA OASIS IDIQ contracts in Pool 1 and GSA Professional Services Schedules were reviewed for this requirement; however, even with shortened response times, an award made to another contractor would result in duplication of costs. Due to additional Phase-in time, an award to a new contractor would not result in seamless full performance because a new contractor could not provide the instructors that are qualified and certified within the 33 day extension required. Due to the withdrawal of the protest action, the new contract is allowed to continue Phase-in activities to reach full performance. A new competition will not be advertised.

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A waiver to the requirement to post a sources sought or request for information as required by DFARS 206.302-1(d) and DFARS Procedures, Guidance and Information 206.302-1(d) was approved on (September, 23 2015) by SES George Cabaniss.

9. Interested Sources: Not applicable, this requirement will not be synopsized due to the aforementioned waver issued on September, 23 2015.

10. Other Facts:

a. Procurement History: 1) Beginning in 2009 through present time, there were three (3) active task orders for the Electronic Warfare Instruction and Range Support requirements –

- DABK01-03-D-0008-1L04 – Procured for Fort Sill by Fort Eustis. Expired in 2009.

- W912SU-04-D-0009-0061 awarded to Advancia, a subsidiary of PTLLC, 26 September 2009, and completed 25 September 2010.

- From 26 September 2010 through 30 March 2012, performance was awarded under several bridge contracts to PTLLC as Prime, and Northrop Grumman due to undisclosed circumstances. These awards are closed out and filed in the Records Holding Area (RHA).

- W911S0-10-D-0017-0009 awarded to PTLLC 1 April 2012 and completed performance with two option periods 31 March 2015.

- W911S0-10-D-0017-0013 awarded to PTLLC 1 April 2015 and will complete performance 28 September 2018. FAR Clause 52.217-8 awarded the six month extension period.

(2) The competitive status of task order W912SU-04-D-0009-0061 is unknown. This task order has been closed out for some time and is also past destruction period (six years and three months from completion). The Bridge periods between task order referenced above and the OMNIBUS were not competitive; however, information is not readily available (records are in RHA and not available in current files area. Contract number W911S0-10-D-0017, task orders 0009 and 0013 (current) were competed under the OMNIBUS among seven (7) awardees. The OMNIBUS expired in June 2016.

(3) Authority previously cited if less than full and open competition was used.

10 U.S.C. 2304(c)(1) as implemented by FAR Part 6.302-1 -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

(4) If a justification was prepared to support the procurement made before this one, a summary of the contents of paragraph 7 of the justification for that procurement and an explanation of the results.

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Not applicable.

(5) If any prior contract for this requirement was accomplished using full and open competition, include a detailed explanation of the changed circumstances causing this action to now limit the sources.

Not applicable.

(6) An explanation of any unusual patterns that may be revealed by the history, e.g., several consecutive, urgent buys.

There were smaller contracts to support one class on several occasions, and these were issued sole source to the previous contractors (Advancia, PTLLC, and Northrop Grumman); however, these files have been closed out and are past destruction date. No information is available.

b. No additional procurement facts are discussed.

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11. 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.

12. 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.