Gordon JA 2021_20_Redacted.pdf

Control No.: 2021-20 Contractor: Ad HOC Research Associates, LLC

Program: Cyber Battle Lab Experimentation Support

Version – March 2017 FOR OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

FAR SUBPART 13.5 SIMPLIFIED PROCEDURE FOR

CERTAIN COMMERCIAL ITEMS – SOLE SOURCE

JUSTIFICATION AND APPROVAL

Program/Equipment: The Cyber Capabilities Development Integration Directorate (C-CDID) requires an extension on the contract for its Cyber Battle Lab Experimentation Support Services to avoid a break in service due to academic corrective action as recommended by Contract and Fiscal Law Division (KFLD).

Authority: Simplified Procedures for Certain Commercial Items, 41 U.S.C 1901 as implemented by FAR Subpart 13.5.

Amount:

Prepared by: DSN:

Date: 16 Nov 20 Email:

Contracting Officer: DSN:

Contracting Officer Date: 16 Nov 20

Technical: DSN:

Program Manager Date: 16 Nov 20

Requirements:

DSN:

Date: 16 Nov 20

Reviews: I have reviewed this justification and find it adequate to support other than full and open competition.

Program Manager:

Date: See Digital Signature

Small Business Specialist:

Date: 2020.12.07 09:22:41 -05'00'

Date: 2020.12.08 10:46:43 -05'00' a Amount:

Program: Cyber Battle Lab Experimentation Support

Legal Counsel:

Date: 2020.12.07 14:29:27 -05'00' Date: See Digital Signature

Director, MICC-Fort Gordon:

Assistant Director, Small Business Program:

MICC Legal Counsel:

Date: 2020.12.10 14:09:57 -05'00'

Date: 2020.12.08 11:24:08 -05'00'

Date: 2020.12.15 00:32:53 -05'00'

Program: Cyber Battle Lab Experimentation Support

a. Contract W91249-20-D-0006 was awarded on 28 July 2020 to Ad HOC Research Associates, LLC. On 10 August 2020, an unsuccessful offeror, Summit Technologies, filed a protest at the Government Accountability Office (GAO) which

FAR Subpart 13.5 Simplified Procedures for Certain Commercial Items – Only One Responsible Source and No Other Services Will Satisfy Agency

Requirements

1. Contracting Activity: U.S. Army Mission and Installation Contracting Command (MICC) – Ft. Gordon, 271 Heritage Park Lane, Fort Gordon, GA 30905-5719

2. Description of Action: The Cyber Capabilities Development Integration Directorate requests a six (6) month firm-fixed price modification extending Contract No. W91249- 20-C-0020 for Cyber Battle Lab Experimentation Support Services at Fort Gordon, GA.

Fiscal Year 2021 Operation and Maintenance funds will be used for this modification.

The proposed sole source contractor is Ad HOC Research Associates, LLC, 203 Market Street, Suite 30, Havre de Grace, MD 21078. 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 contract will provide non-personal commercial services to support the Army Futures Command Cyber Battle Lab mission to provide cutting-edge systems engineering, satellite support, analysis, prototyping, assessments, systems administration, network engineering, information assurance, model development, and distributed simulation network operations and security center services. Experimentation support includes both analytical and systems engineering support in the planning, setup, design, accreditation, execution, data collection, equipment integration, equipment configuration, technical procedure manual development and formal written analysis of a variety of Cyber Electromagnetic Activities (CEMA) experiments.

Period of Performance: 17 December 2020 – 16 June 2021 Value:

4. Authority Cited: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.5: Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. Reason for Authority Cited:

a. Contract W91249-20-C-0020 was awarded on 17 August 2020 to Ad HOC Research Associates, LLC as a sole source IAW FAR Subpart 13.5, Unusual and compelling urgency to bridge Contract No. W91249-20-D-0006 due to a timely filed protest at the Government Accountability Office (GAO). On 09 November 2020, GAO dismissed protest as academic after the Contracting Officer decided to take corrective action. As a result, the agency will terminate Contract No.

W91249-20-D-0006 to Ad Hoc Research and issue a new solicitation as part of the corrective action. At this time, a new contract is anticipated to be awarded in June 2021.

The period of performance for the base period of Contract No. W91249-20-C-0020 was 17 August 2020 - 16 October 2020. The Contracting officer exercised Option

The period of performance for the base period of contract no. W91249-20-C-0020 was 17 August 2020 to 16 October 2020. The Contracting Officer exercised Option

Program: Cyber Battle Lab Experimentation Support

Period 1, which had a period of performance of 17 October 2020 - 16 November 2020. The Contracting Officer exercised Option Period 2, which had a period of performance of 17 November 2020 - 16 December 2020.

A break in service or loss of functionality of the Cyber Battle Lab will negatively affect mission readiness. There is no other vendor available that can continue to provide uninterrupted support during the time that is necessary for the Army to properly implement the procedures of its corrective action. Though GAO dismissed the protest challenging the terminated contract, GAO issued this dismissal due to the fact that the Army affirmed that it would take corrective action in response to the protest and not due to defense the Army levied against the protest. Though this dismissal technically dissolved the CICA stay, the terms of the corrective action necessarily included the implied assurance that the Army will not use the challenged contract or solicitation to procure the required services until the Army completes its corrective action by issuing a new selection decision, which will also be subject to a separate protest challenge that will also be subject to a CICA stay if timely filed. The Army has limited courses of action to meet these urgent requirements during the period of corrective action and meeting this requiring through a bridge contract with the incumbent contractor is the best course of action to fill the need with a contractor that is currently mobilized to perform the services at a reasonable price. Meeting this need with the incumbent contractor also preserves the status quo without prejudicing the rights of the protester, the awardee of the challenged contract, and any other interested parties. This course of action will also provide none of the potential offerors under the new solicitation with an undue competitive advantage. With the requirement being met by the current incumbent contractor, the Army may focus on the corrective action, which will include reviewing the requirement for necessary changes, issuing a new solicitation, and conducting competition for a new contract in accordance with the new solicitation.

This extension will also allow critical contract support to continue to support the the Army is investing this fiscal year to conduct the annual Cyber Quest prototyping experimentation event. This event is critical to the Army because it provides the premier venue where key stakeholders, industry and academia have an opportunity to integrate approved Cyber, Electronic Warfare, and Signal technologies in an operational context at the Brigade Combat Team and below levels. The experiment requires of planning and testing that culminates in a month long event used to inform/validate concepts, capability requirements documents, Network-Cross Functional Team lines of effort and Army Modernization Priorities. If these support services are not allowed to continue under this extension, then Cyber Quest 21 will be canceled.

Canceling this event will significantly impact the future of the Army’s modernization priorities enabling a Multi- Domain Operational capable force. Funding already invested, not only on the contract labor workforce, but on the supporting force and organizations, operational integration, supplies, and travel will also be lost due to the cancelation of the event.

The Battle Lab Collaborative Simulation Environment (BLCSE) within the Cyber Battle Lab provides network operations support for the environment that connects sites across the United States Department of Defense with critical collaboration capabilities.

A break in service or loss of functionality of the Cyber Battle Lab will negatively affect mission readiness. There is no other vendor available that can continue to provide uninterrupted support during the time that is necessary for the Army to properly implement the procedures of its corrective action. Though GAO dismissed the protest challenging the terminated contract, GAO issued this dismissal due to the fact that the Army affirmed that it would take corrective action in response to the protest and not due to defense the Army levied against the protest. Though this dismissal technically dissolved the CICA stay, the terms of the corrective action necessarily included the implied assurance that the Army will not use the challenged contract or solicitation to procure the required services until the Army completes its corrective action by issuing a new selection decision, which will also be subject to a separate protest challenge that will also be subject to a CICA stay if timely filed. The Army has limited courses of action to meet these urgent requirements during the period of corrective action and meeting these requirements through a bridge contract with the incumbent contractor is the best course of action to fill the need with a contractor that is currently mobilized to perform the services at a reasonable price. Meeting this need with the incumbent contractor also preserves the status quo without prejudicing the rights of the protester, the awardee of the challenged contract, and any other interested parties. This course of action will also provide none of the potential offerors under the new solicitation with an undue competitive advantage. With the requirement being met by the current incumbent contractor, the Army may focus on the corrective action, which will include reviewing the requirement for necessary changes, issuing a new solicitation, and conducting competition for a new contract in accordance with the new solicitation.

Program: Cyber Battle Lab Experimentation Support

The loss of service that provides the networking, collaboration, systems administration, and Cybersecurity Service Provider/Information Assurance support to the BLCSE distributed Community of Practice (CoP) consisting of Futures Concepts Center Battle Labs and Army Modernization Enterprise organizations, will impact critical upcoming events. Events impacted include simulation exercises and table top exercises for the Maneuver Battle Lab, Fires Battle Lab, and Intel Battle Lab over the next weeks that require video-teleconference, Business Connectivity Services, SharePoint, and Chat rooms and VoIP conference lines already approved and funded by the Army Futures Command, Army Experimentation Review Board. Other critical upcoming BLCSE events primarily supported by these contracted services include the in support of the Futures Integration Division, Futures and Concepts Center; Azure IL6 MADE Cloud planning in support of Integrated Army Modernization Experimentation Plan (IAMEP); BLCSE – Joint Information Operations Range Interconnection architecture to support the Joint All- Domain Command and Control (JADC2) Demonstration Environment (JDE) Most importantly, the loss of services will impact the required Risk Management Framework requirement for the BLCSE and supported battle labs, which will impact all of the sites due to the lack of required RMF certification.

b. Alternatives:

1) Suspension of Services. Without CBL Experimentation Support, the Army Experimentation will fail and funds that have been invested will be lost. A loss of services would severely hamper the efforts of the CBL to provide required mission essential services.

2) Use of In-House Resources. There are no in-house resources capable of providing the required services.

3) Re-compete the effort. Since this extension is a stopgap measure or bridge to ensure vital services are continued while taking corrective action, it would not be effective to re-compete the effort at this time. There is currently no other source that can provide the immediate capabilities necessary to meet the total requirements provided by the incumbent contractor and any effort to compete the requirement for this bridge period would likely face the same challenges experienced with the protest.

c. Impact if not approved: Failure to implement this short-term contract extension to Ad Hoc Research will result in a break in essential services.

6. Efforts to Obtain Competition: The Government is currently engaged in procuring the services on a competitive basis as a set aside for small business using commercial procedures, which shall consists of a 12-month base period that will include a 2-week Phase-in and four (4) one-year option periods.

1) Suspension of Services. Without CBL Experimentation Support, the Army Experimentation will fail and funds that have been invested will be lost. A loss of services would severely hamper the efforts of the CBL to provide required mission essential services.

c. Impact if not approved: Failure to implement this short-term contract extension to Ad Hoc Research will result in a break in essential services.

6. Efforts to Obtain Competition: The Government is currently engaged in procuring the services on a competitive basis as a set aside for small business using commercial procedures, which shall consist of a 12-month base period that will include a 2-week phase-in and four (4) one-year option periods.

Program: Cyber Battle Lab Experimentation Support

Version – March 2017 FOR OFFICIAL USE ONLY

7. Actions to Increase Competition: As indicated above, this is an interim action to allow for continued performance while taking correction action due to a protest.

Ad HOC Research, Inc. is currently performing the services and is the only source available that is capable of continuing performance of services at this time. The corrective action will increase competition by addressing the perceived issues in the protest and this extension is a necessary part of that corrective action.

8. Market Research: Market research was conducted on 13 June 2019 for the competitively awarded acquisition. The Contracting Officer conducted additional market research on 10 Aug 2020, which involved validating the previously approved market research was still current. “The MICC Deputy to the commanding General has waived the posting requirement for beta.SAM.gov when as a result of a protest, a contract or task/delivery order must be extended on a sole source basis.”

9. Interested Sources: No other vendors have expressed interest in this bridge action.

Based on the responses to the Source Sought previously issued; there were interested vendors. However, due to the short-term nature of this requirement and necessity for immediate need for continuous performance, the current Contractor is the only source capable of meeting this requirement at this time without there being a lapse in services.

10. Other Facts:

a. Procurement History

Contract Number Contractor Competitive Status

Contract Type

Award Am

Period of Performance

W91249-20-C-0020 Ad Hoc Research Associates, LLC

FAR Part 13.5 Unusual and Compelling Urgency

FFP $1.3M 8/17/2020 - 12/16/2020

W91249-20-D-0006 Ad Hoc Research Associates, LLC

100% Small Business set-aside

FFP $57.3M 07/30/2020 - 07/29/2025

W91249-15-D-0006 Metova Federal, LLC

100% Small Business Set-aside

FFP $45.0M 09/29/2015 - 09/28/2020

W91249-12-F-0050 ESP Full and Open Competition

FFP $17.0M 07/01/2012 -10/09/2015

* Contract amount includes exercised option periods

7. Actions to Increase Competition: As indicated above, this is an interim action to allow for continued performance while taking correction action due to a protest. Ad HOC Research, Inc. is currently performing the services and is the only source available that is capable of continuing performance of services at this time. The corrective action will increase competition by addressing the perceived issues in the protest and this extension is a necessary part of that corrective action.

a

8. Market Research: Market research was conducted on 13 June 2019 for the competitively awarded acquisition. The Contracting Officer conducted additional market research on 10 August 2020, which involved validating the previously approved market research was still current. The MICC Deputy to the Commanding General has waived the posting requirement for beta.SAM.gov when as a result of a protest, a contract or task/delivery order must be extended on a sole source basis.

* Contract amount includes exercised option periods

Program: Cyber Battle Lab Experimentation Support

Version – March 2017 FOR OFFICIAL USE ONLY

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.

Program Manager

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. The requirement herein described is a valid requirement for the activity named in this justification. The technical and requirements information contained in this justification represent the minimum needs of the Government. The only way to satisfy this requirement is by limiting the competition as

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable.

This determination will be made using price analysis. As a part of this basis, certified cost or pricing data is not required because the item and/or services being acquired are considered commercial.

COLLINS.SYMONE.YVETTE

Date: 2020.12.04 08:58:11 -05'00'

Symone Collins Date: See Digital Signature Contracting Officer

14. Procuring Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Date: 2020.12.04 08:58:45 -05'00'

Symone Collins Date: See Digital Signature Contracting Officer

COLLINS.SYMONE.YVE

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. The requirement herein described is a valid requirement for the activity named in this justification. The technical and requirements information contained in this justification represent the minimum needs of the Government. The only way to satisfy this requirement is by limiting the competition as described herein.

Program: Cyber Battle Lab Experimentation Support

Approval

Based on the foregoing justification, I hereby approve the procurement of Cyber Battle Lab Experimentation support, Fort Gordon, Georgia, on a sole source basis pursuant to the authority of the Simplified Procedures for Certain Commercial Items, Title 41 United States Code Section 1901 as implemented by Federal Acquisition Regulation Subpart

13.5. The estimated value of the contract is for a six (6) month period of performance from 17 December 2020 through 16 June 2021.This approval is subject to the availability of funds, and provided that the services herein described have otherwise been authorized for acquisition.

SCO

Alter mand Advocate for Competition U.S. Army Mission and Installation Contracting Command, JBSA Fort Sam Houston, TX a a a a

SCOTT D. KUKES

Alternate Advocate for Competition U.S. Army Mission and Installation Contracting Command, JBSA Fort Sam Houston, TX

KUKES.SCOTT.DE

AN

Digitally signed by

KUKES.SCOTT.DEAN.

Date: 2020.12.16 09:01:35 -06'00'