JA18-104_HC1028-08-D-2006_0016_JA_20180620_Redacted.pdf

JUSTIFICATION & APPROVAL (J&A) FOR FEDERAL ACQUISITION

REGULATION (FAR) SUBPART 16.5 ACQUISITIONS

EXCEPTION TO FAIR OPPORTUNITY

Multiple Award Schedule/Multiple Award Contract (MAC) Orders under MAC/Fair Opportunity – FAR 16.505, Department of Defense FAR Supplement

216.505-70, Procedures, Guidance and Information 216.505-70

Purchase Request Number: To be determined Contract Number: HC1028-08-D-2006 Task Order (TO) Number: 0016 Procurement Title: Program Executive Office (PEO) Ammunition Operational and Information Technology Support and Services Estimated Value: $ Authority: FAR 16.505(b)(2)(i)(C)

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

Number: JA18-104

Upon the basis of the following justification, I, as the Procuring Activity Competition Advocate, hereby approve this exception to fair opportunity pursuant to the authority of FAR 16.505(b)(2)(i)(C).

1. REQUIRING AGENCY AND CONTRACTING OFFICE:

Requesting Agency:

United States Army PEO Ammunition Building 1 Buffington Road Picatinny Arsenal, New Jersey 07806

Contracting Activity:

Defense Information Systems Agency/Defense Information Technology Contracting Organization 2300 East Drive, Building 3600 Scott Air Force Base, Illinois 62225

2. NATURE/DESCRIPTION OF ACTION(S): The nature of this action is to issue a modification to increase the level of effort required for the Counter Rocket Artillery and Mortar (C-RAM) system requirement as a result of several urgent Operational Need Statements from the United States Central Command (CENTCOM). This action extends the performance of services under the existing ENCORE II contract with Data Systems Analysts, Inc. (DSA), HC1028-08-D- 2006, TO 0016 for Performance Work Statement (PWS) paragraph 6.2.4, Field Support Services through September 30, 2018 and relocates contractor support from Iraq to Jordan. This modification will be awarded as a firm fixed price modification to the current TO which expires February 26, 2019. As a result of the task extension and increase due to additional services required in Jordan, the current life cycle amount will increase by $ from

PEO Ammunition Operational and Information Technology Support and Services- JA18-104

$ to $ to provide for continued field support for the C-RAM system.

The performance of C-RAM field support services will be extended and increased within the current option year (OY) three period of performance (PoP) from June 2018 to September 30, 2018. The resulting action will be funded with fiscal year 2018 operations and maintenance Army and other procurement authority Army funds.

3. DESCRIPTION OF SUPPLIES/SERVICES: CENTCOM has a continuing critical need to provide C-RAM force protection capabilities which provide life-saving warning to unprotected personnel against indirect fire attacks at United States (US) forward operating base (FOB) locations in Afghanistan, Iraq, Jordan, and Egypt. Failure to provide these capabilities will deny US government personnel the ability to take cover prior to indirect fire events and place undue risk on life and limb to exposed personnel. The Program Directorate (PD) C-RAM requires contractor support in PWS 6.2.4 for the performance of Field Support Representative (FSR) technical and logistics services within Continental United States (CONUS) locations, Iraq, Afghanistan, Egypt, Jordan, and the Kuwait hub to enable continued deployment and support of the C-RAM system in support of Operation Inherent Resolve (OIR) and Operation Enduring Freedom (OEF). Services include upgrading, preparing, packaging, relocating, and configuring operational systems within the C-RAM inventory. The Government requires the contractor to evaluate the operational status, operationalize the systems, and facilitate the relocation of systems in support of the OIR/OEF mission. The initial award of performance for PWS 6.2.4 anticipated a drawdown of forces by May 31, 2018, thus performance was only awarded for the first three months within OY3. Due to the continued hostile environment, PD C-RAM requires continued performance through September 30, 2018, at which time a competitive procurement action is anticipated to be in place for continued coverage.

Additionally, due to the recent receipt of Joint Urgent Operational Need (CC-0558), PD C-RAM has an additional requirement for logistical mission C-RAM systems support increased to support Jordan. This support in Jordan is required to integrate and synchronize C-UAS efforts across the Army, and to inform joint, inter-organizational, and multinational partners. This increase to the level of effort will require the contractor to provide support that includes strategy development, testing, design, and field operational services to support the C-UAS mission set to include Jordan. The nature of the work to be performed under this modification is identical to the nature of work performed under the existing contract.

This logical follow-on modification will extend performance of the previously performed services under PWS 6.2.4 and include service support for the Jordan location from date of contract modification award through September 30, 2018 with an estimated value of $

4. SUPPORTING RATIONALE, INCLUDING A DEMONSTRATION THAT THE

PROPOSED CONTRACTOR’S UNIQUE QUALIFICATIONS OR THE NATURE OF THE

ACQUISITION REQUIRES USE OF AN EXCEPTION TO FAIR OPPORTUNITY:

(a) Exception to Fair Opportunity. The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

(b) Description of the Justification. The C-RAM systems are complex with multiple ways to deploy, depending on assets organic to each FOB where the system is installed and their interfaces (i.e. different radar systems available). The PWS 6.2.4 requirements for FSR technical and logistics services requires a thorough and intimate knowledge of the architecture and command and control (C2) components for successful installation and setup, maintenance, testing and training on system operation. This includes familiarity with the C-RAM wired and wireless architectures as well as the end devices that are networked together to provide sense and warn of indirect fire. The current contractor has built a team with dedicated and well-qualified personnel over the C-RAM systems lifecycle that consistently deploy when necessary, successfully meeting the constant challenge of finding and retaining qualified personnel. The contractor is proficient and knowledgeable of the multiple C-RAM wired and wireless architectures, as well as the varied end devices that are networked together to provide sense and warn of indirect fire.

They ably support all end user training as well as preventative and corrective maintenance on the C-RAM systems. The logical follow on supports contractor continuity and gives the Government the benefit of having already trained contractor personnel with the expertise and familiarity of the FOB while a competitive effort is being pursued for services beyond September 30, 2018.

The C-RAM FSR technical and logistics support was awarded for performance during OY1, OY2, and for a three month PoP during OY3 through May 31, 2018 at which time the complete drawdown of support for OIR and OEF support required by PWS 6.2.4 was anticipated to be complete. In response to ongoing hostilities and increased threats, the Secretary of Defense has mandated the development of a C-UAS capability utilizing in part, the Army’s C-RAM system currently being supported under the existing contract.

Because the effort was originally anticipated to end before 2018, no additional performance was required beyond OY2 of the task order. As a result of the mandate, the requirement for C-RAM system support has continued into OY3. A competitive procurement action has been pursued by the Army Contracting Command – Warren (ACC- W) which includes a task for the same field support services. However, due to unforeseen circumstances of the requirement definitions and proposal evaluations, the acquisition timeline for ACC-W to award the recompete has been delayed.

(c) Justification.

(1) Minimum Government requirements. The minimum requirement is sustainment of field support services for CONUS and OCONUS locations successful mission essential force protection at all enduring FOB locations through September 30, 2018.

(2) Proposed sole source contractor. DSA, 8 Neshaminy Interplex, Suite 209, Trevose, Pennsylvania 19053, CAGE Code 4D266. As the contractor currently performing the services, DSA can effectively and efficiently provide the uninterrupted expertise to satisfy the requirements without a degradation to the quality and systems. DSA has provided critical support to CONUS and OCONUS locations that has enabled continued deployment and sustainment of the C-RAM C2 system in support of OIR and other military operations. These certified logistics personnel have accumulated mission essential knowledge, expertise, and skills to ensure support of unique C- RAM C2 systems and are currently in place at the numerous required CONUS and OCONUS locations. Additionally, they have the capabilities to maintain continued support immediately for the OCONUS locations with their current security and location accesses. DSA is currently working with the knowledge, skills, and accesses that leverage economies and efficiencies for the C-RAM effort.

Award to a new contractor would cause an unacceptable delay in the provision of continuity of services. It is estimated that a minimum transition would require one month of training and certification of personnel to support C-RAM C2 unique systems that DSA has already achieved, as well as to initiate the process to obtain personnel clearances and access to the OCONUS locations. Further, award to another contractor would require substantial duplication of costs for training, facilitating, and accesses in order to achieve existing and operational capabilities required.

In addition, the current contractor is already deployed to OCONUS locations in theatre with all of the required pre-deployment training, appropriate theatre clearances, and required visas. An extended break in service caused by a competitive action for this short period would cause the deployed personnel to return home and invalidate their visas. New personnel would be required to comply with all deployment requirements after contract award and before they could deploy to support the C-RAM mission. This would be an unacceptable situation that would cause grave danger to the warfighter and systems these field support representatives (FSRs) support.

Award to any other contractor would not provide the institutional knowledge, immediate OCONUS access capabilities which includes visa and security requirements, expertise, and unique skill set required to maintain the continued level of services, resulting in a delay of performance and financial burden on the Government. These additional burdens and gaps in logistical support will have a significant impact on the indirect fire protection capabilities the C-RAM C2 system provides to the warfighter by limiting the quantity or quality of C-RAM C2 assets that are deployed around the world to save lives. Award of this effort to DSA would provide best value to the government.

(3) Discussion regarding cause of the sole source situation. A competitive requirement is currently being pursued to fulfill the field support services requirement performed under this task order through ACC-W. Delays have been encountered within the recompete process due to the requirements definitions package taking longer than anticipated to complete; however, the evaluation of proposals is underway with award targeted for August 2018. As a result of the unknown delays, continued performance is required through the award and transition phase, anticipated for completion on September 30, 2018.

(4) Demonstration of unique source. The C-RAM system overall is not a commercial item in accordance with the FAR Part 2 definition. While C-RAM contains some commercial items, it is not a commercial system. The commercial items are integrated with one another via an existing Army C2 system, forward area air defense, in a manner not duplicated by any other existing commercial system. DSA maintains the expertise and in-depth knowledge for critical support to CONUS and OCONUS locations that has enabled continued deployment and sustainment of the C- RAM C2 system in support of OIR and other military operations to perform the continuation of this effort in an efficient and economical manner. Because of DSA’s unique technical expertise and knowledge, and the critical nature of C-RAM’s ongoing force protection mission in OEF, conducting a competitive procurement to obtain an alternate supplier for this requirement is not an efficient or economical solution for the immediate services required at this time. DSA has been the only vendor under contract to provide FSR technical and logistics services in support of the PEO Missile C-RAM C2 systems since 2016. Therefore, they are postured to continue the requirements of PWS 6.2.4 services through September 30, 2018.

(5) Procurement discussion. The Government is pursuing the award of a TO under the US Army Tank-automotive and Armaments Command (TACOM) Strategic Service Solutions (TS3) contract vehicle with ACC-W. A draft request for proposal (RFP) for this effort was released to industry in November of 2017. A number of questions were received, the final RFP was released, and then proposals were received in February 2018. The solicitation remains in evaluations. Given the size and complexity of the ordering process, the lead-time for award is anticipated to be August 2018. As previously noted, the services for PWS 6.2.4 perform critical tasks and require specific, complex knowledge, skill sets, and security and access requirements. DSA has successfully provided these services for over two years. In the interest of economy and efficiency, because this modification is a logical follow-on on a current task order already issued under the ENCORE II contract vehicle, this requirement must be issued as sole source to the incumbent, DSA. In order to avoid a significant break in performance for the requested support, the Government requires performance until the competitive follow-on requirement is awarded and performance starts.

(6) Impact. Award to any source other than DSA will disrupt C-RAM PMO’s ability to field, operate a critical wartime force protection capability, and unnecessarily increase risk to deployed forces. It will result in unacceptable delays in resetting C-RAM fieldings across FOBs if a new source attempts to perform these services. Leaving United States Forces personnel in theater without the indirect fire protection of the C- RAM systems would cause an unacceptable and unnecessary risk to those personnel.

Failure to provide a continued immediate response to the OEF/OIR mission and maintain the staffing and operations of the C-RAM capability will likely increase the casualties caused by indirect fire attacks on US personnel. Without this extension, the institutional knowledge to ensure continued performance will be lost. Without these services to manage the critical C-RAM and C-UAS systems, human life and

Government and civilian property would be at grave risk with a significant potential for loss of life. These systems sense and warn Government and civilians at the OCONUS locations of incoming fire. Therefore, without the system support, this critical warning system will not provide the lifesaving warnings.

5. COST/PRICE FAIR AND REASONABLE DETERMINATION: A price evaluation will be accomplished to determine price fair and reasonable at task order modification. The contracting officer will obtain certified cost or pricing data, and upon completion of negotiations, will obtain a certificate of cost or pricing data.

6. MARKET RESEARCH: Market research was conducted by the requirements team and ACC-W from May 2017 through November 2017; the results supported a competitive procurement among available qualified sources given sufficient time to transition the services.

ACC-W issued a competitive solicitation using the TACOM TS3 multiple award indefinite delivery indefinite quantity contract in February 2018, with the award estimated for August 2018. While market research identified other potential contractors capable of this work, in the interest of economy and efficiency, DSA is the only contractor that can perform this effort continuously until the competitive contract is awarded and transitioned.

7. ANY OTHER SUPPORTING FACTS: None.

8. ACTIONS THE AGENCY MAY TAKE TO REMOVE OR OVERCOME BARRIERS

THAT LED TO THE EXCEPTION TO FAIR OPPORTUNITY:

(a) Procurement History. HC1028-08-D-2006-0016 was awarded February 25, 2015 to DSA by DISA/DITCO as a firm fixed price competitive small business set-aside under the ENCORE II multiple award contract vehicle valued at $158,416,924.

(b) ACC-W issued a competitive solicitation using the TACOM TS3 multiple award indefinite delivery indefinite quantity contract in February 2018, with the award estimated for August 2018. Multiple sources were identified for a competitive follow-on contract.

9. REFERENCE TO THE APPROVED ACQUISITION PLAN (AP): A written streamlined Acquisition Plan was signed September 12, 2014 and modified on June 19, 2018 for this requested increase in the level of effort.

TECHNICAL CERTIFICATION: I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief.

NAME: Rollie Porter SIGNATURE: See PDF signature page

TITLE/ORGANIZATION: Logistics Management Specialist, C-RAM Product Directorate

PHONE: 256-876-8253 DATE:

REQUIREMENTS CERTIFICATION: I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief.

NAME: Walter Nettles SIGNATURE: See PDF signature page

TITLE/ORGANIZATION: Acting Chief, Field Support Branch, C-RAM Logistics Branch

PHONE: 256-876-8289 DATE:

CONTRACTING OFFICER CERTIFICATION: I certify that this justification is accurate and complete to the best of my knowledge and belief.

NAME: Christiana Stukenberg SIGNATURE: See PDF signature page

TITLE/ORGANIZATION: Contracting Officer, PL8311

PHONE: 618-229-9420 DATE:

PROCURING ACTIVITY COMPETITION ADVOCATE APPROVAL: I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief.

Since this justification does not exceed $13.5M, this review serves as approval and my written determination that the aforementioned FAR circumstances apply.

NAME: Gay Arnold SIGNATURE: See PDF signature page

TITLE/ORGANIZATION: Procuring Activity Competition Advocate, DISA/DITCO

PHONE: 618-229-9517 DATE:

ALL QUESTIONS REGARDING THIS JUSTIFICATION ARE TO BE REFERRED TO:

Brittney Galle, 618-229-9327, brittney.e.galle.civ@mail.mil