Hood_JA_TETSS_W91151-16-D-0018_FH_19_Sept_2016-_signed_Final_redacted.pdf

Control No: MICC 2016-100 Contractor: Glacier Technologies LLC.

Program/Equipment: Test Support Services

Version – MAY 2016 FOR OFFICIAL USE ONLY

Department of the Army FAR Part 6 Justification and Approval for Other than

Full and Open Competition

1. Contracting Activity: Mission and Installation Contracting Command - Fort Hood, 1001 761st Tank Battalion Ave., Room W103, Fort Hood, TX 76544–5025

2. Description of Action: U.S. Army Operational Test Command requests approval of the Cost-Plus-Fixed-Fee (CPFF) interim contract W91151-16-D-0018, to be issued on or before 20 August 2016 for up to one hundred twenty (120) days. The period of performance is from 20 August– 20 December 2016 for test support services at Fort Sill, OK and Fort Bliss, TX. Fiscal Year (FY) 2016 Research, Development, Test and Evaluation funds will be used.

3. Description of Supplies/Services: U.S. Army Operational Test Command (USAOTC) has a statutory mission to conduct independent operational tests for materiel and equipment prior to full-scale production in accordance with Title 10 U.S. Code Section 2399. This contract provides services in support of the USAOTC test mission.

The contractor shall provide all labor, management, supervision, supplies, and materiel to perform non-personal services required to support the operational test, data collection, and experimentation mission of USAOTC. The contractor shall be required to perform testing, data collection, and experimentation in support of combined developmental and operational tests, joint and multi-service tests, training activities, and other Department of Defense activities. The contract will consist of the following general requirements:

a. Test operations support that includes test planning, field test support, data collection and reduction, database development and support for test report preparation as well as developing software and/or execution scripts as required.

b. Test operations logistics support that involves the preparation and maintenance, as required for test events.

c. Maintenance and non-developmental item enhancement to existing test instrumentation systems used during test operations.

d. Maintenance and dispatch services for test support vehicles and power generation equipment.

e. Design and build prototype instrumentation suites and associated mounting hardware as needed. Develop needed software and/or execution scripts to support system under test data collection and/or processing requirements.

f. Period of Performance: 20 August – 20 December 2016. Total Value: $10M

Program/Equipment: Test Support Services

Version – MAY 2016 FOR OFFICIAL USE ONLY

4. Authority Cited: Title 10 U.S. Code Section 2304(c)(2) as implemented by Federal Acquisition (FAR) 6.302–2, Unusual and Compelling Urgency.

5. Reason for Authority Cited: Another protest of the re-awarded contract, W91151– 16–D–0007, was filed with the Government Accountability Office (GAO) on 11 July 2016—an event not within the control of the Army. A stop-work order was issued to the new awardee on 13 July 2016. This interim contract was necessary to continue support for ongoing operational test activities and test support for multiple Army and Department of Defense level programs at USAOTC during the period required for GAO to rule on the protested contract award.

a. Justification:

(1) If test support services are suspended, this will negatively impact the USAOTC mission. This interim contract will support seven (7) current operational test events supported by three (3) organizations, including the Network Integration Evaluation (NIE), Army Integrated Air & Missile Defense (AIAMD), Patriot Post Deployment Build (PDB)-8, M109 Family of Vehicles (FOV), Joint Tactical Ground Station (JTAGS), Indirect Fire Protection Capability (IFPC), and Army Warfighter Assessment (AWA). In addition to the operational test events above, the contract also supports sustainment operations for three organizations (Integrated Test & Evaluation Directorate, Fires Test Directorate, and Air Defense Artillery Test Division) at Ft. Bliss and Ft. Sill that include information technology, security, and logistics support.

(2) If the interim contract was not awarded and executed, USAOTC could not continue current test activities and prepare for scheduled operational test events. In accordance with its approved acquisition schedule, USAOTC would risk mission failure for the NIE, AIAMD, Patriot PDB–8, M109 FOV, JTAGS, and AWA support operations as well as ongoing test technology development/testing for 4th quarter FY 2016 and 1st quarter FY 2017 tests to meet statutory requirements in accordance with Title 10 U.S. Code Sections 139 and 2399. Mission failure is not an option. Award of a contract to any other source would result in substantial delays or cancellation of tests, potential loss of funding, and duplicative cost to the Government that will not be recovered through competition. Direct test support for ongoing tests has an estimated cost of $10M during this interim period. The incumbent contractor, Glacier Technologies, LLC., is currently executing a bridge contract (W91151–16–D–0103) that ends on 19 August 2016.

(3) Glacier Technologies, LLC.’s personnel are trained and familiar with current technical requirements, contract terms, and conditions. The intent of this justification is to continue mission-directed services in a highly technical, test mission requirement. No other contractor has sufficient equipment and trained workforce readily available to assume performance of these ongoing tests and services. Transitioning to a new contractor would require recruitment and/or transfer of personnel with the requisite expertise for each test event, preparation and approval of management and

Program/Equipment: Test Support Services

Version – MAY 2016 FOR OFFICIAL USE ONLY performance plans, verification of data, obtaining security clearances, and familiarization with on-going tests. These efforts would expend non-recoverable costs and competition would not recapture these costs. Awarding this contract to Glacier Technologies, LLC. for up to 120 days, was in the best interest of USAOTC and the U.S. Government.

b. Alternatives:

(1) Use of In-House Resources. The USAOTC relies heavily on contracted test support services. USAOTC lacks sufficient workforce, technical expertise, and resources to perform the required test support services. This alternative was not viable.

(2) Start a New Competitive Procurement. The competitive procurement, which is the subject of the protest, has taken over two (2) years to complete. Starting a new competitive procurement would not have been a viable alternative for meeting this immediate need because of substantial time to compete a requirement.

(3) Hiring of Temporary Government Personnel. USAOTC presently cannot hire without approval from higher headquarters. Even if approval is granted, there is a lengthy process (60 days to 6 months) for hiring actions and associated administrative processes, completion of training requirements, and obtaining security clearances. This was not a viable alternative for USAOTC’s immediate need.

c. GAO Protest: On 1 July 2016 contract W91151–16–D–0007 was re-awarded to SAWTST with modification 01 changing the contract’s period of performance to 20 July 2016–19 July 2021. The contract was subsequently modified to include a 30-day Phase-In effective date 20 July–19 August 2016. Glacier Technical Solutions (GTS) filed a second protest to GAO (B–412990.2) on 11 July 2016. The request for the interim contract covers the period of performance for test support services from 20 August until 20 December 2016. The resolution of the GAO protest is expected by no later than 20 October 2016.

6. Efforts to Obtain Competition: In accordance with FAR 5.202(a)(2), this action will not be synopsized.

7. Actions to Increase Competition: No actions were taken to attempt to obtain competition for this interim contract. The incumbent contractor currently performs these operational tests and has the extensive knowledge and personnel on hand that can perform these existing test events, which are currently ongoing. Competition was provided resulting in the protested award. This action provides the interim effort while the issues are resolved.

Program/Equipment: Test Support Services

Version – MAY 2016 FOR OFFICIAL USE ONLY

8. Market Research: Specific market research in this case was not conducted.

However, market research was completed for the testing requirement on 5 October 2015, and sources were evaluated for their ability to support the requirement. While the competition was available for the actual award, competition for the interim action required for adjudicating the protest is impractical.

9. Interested Sources: In accordance with FAR 5.202(a)(2), this action will not be synopsized.

10. Other Facts:

Procurement History: Contract No. W9115U–10–D–0001 was awarded 20 November 2009 to Glacier Technologies, LLC. at an estimated contract value of $45M in support of USAOTC’s operational testing mission at Fires Test Directorate (FTD), Fort Sill, OK.

The acquisition was an 8(a) direct award with 10 U.S.C. 2304(c) (5) as the authority for using other than full and open competition. The contract W9115U–10–D–0001 was an Indefinite Delivery/Indefinite Quantity contract utilizing CPFF task orders. The period of performance was for five (5) years from 20 November 2009 to 19 November 2014. On 21 May 2010, the ceiling of this contract was increased to $68M to include test support requirements for Integrated Test and Evaluation Directorate located at Fort Bliss, TX.

On 13 November 2014, the contract was modified to extend the contract in accordance with FAR 52.217–8 for a period of 6 months from 20 November 2014 through 19 May 2015. At that time, the ceiling of the contract was also increased to $74M. Prior to the expiration of the contract extension, six (6) task orders were issued to provide continuous support through 31 October 2015.

On 1 November 2015, an interim contract W91151–16–D–0001 was issued on a sole-source basis to Glacier Technologies LLC., in the amount of $7M, to provide continued services for this requirement from 1 November 2015 through 31 March 2016. The milestone was set to have the new contract awarded by 1 April 2016. The new contract was awarded on 1 April 2016 under a competitive 8(a) to SAWTST at an estimated contract value of $91M. A post-award conference was held on 5–6 April 2016 between the incumbent and the awardee to discuss transition of requirements. A debrief of the unsuccessful offerors (GTS and Envision) was conducted on 13 April 2016. Contract award was protested on 18 April 2016 during the 30-day phase-in/phase-out period and prior to the performance start date of the contract. In response to the GAO protest, a stop work was issued to SAWTST, awardee of contract W91151–16–D–0007 performing the phase-in, and Glacier Technologies LLC, incumbent to contract W91151–16–D–0001, performing the phase-out, to await the GAO ruling on the protest.

The incumbent graduated from the 8(a) program in 2011; therefore, the Small Business Administration removed this requirement from the 8(a) program temporarily so an interim contract could be awarded to the incumbent. Therefore, an interim contract W91151–16–D–0103 was awarded to the incumbent, Glacier Technologies LLC., on 22 April 2016 to continue services until 19 August 2016.

Contract W91151–16–D–0007 was modified on 1 July 2016 via P00001, re-awarding the contract to SAWTST, changing the period of performance to 20 July 2016–19 July 2021. The contract’s task order was subsequently modified on 1 July 2016, to include a 30-day Phase-In effective date 20 July 2016–19 August 2016. On 11 July 2016, a second GAO protest was filed by GTS. A stop–work order was issued on contract W91151–16–D–0007 to SAWTST on 13 July 2016. As a result, a second interim contract W91151-16-D-0018 was awarded to the incumbent, Glacier Technologies LLC., on 20 August 2016 to continue services until 20 December 2016.

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.

Approval

Based on the foregoing justification, I hereby approve the procurement of a 120-day interim contract for an estimated cost $10 million to the incumbent, Glacier Technologies, LLC., for Test Support Services on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 2304(c)(2) as implemented by FAR 6.302–2, Unusual and Compelling Urgency, subject to the availability of funds and provided that the services herein described have otherwise been authorized for acquisition.

SCOTT D. KUKES

Special Advocate for Competition US Army Mission and Installation Contracting Command, Fort Sam Houston, TX