IA02 JA Redacted.pdf

Control No: MICC-2021-24 Contractor: Indtai, Inc.

Program: Career Skills Program Installation Administrator Support Services

Version – September 2018 For Official Use Only

FAR 3.104 Procurement Integrity

JUSTIFICATION REVIEW DOCUMENT

FAR PART 6 JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

Program: Career Skills Program Installation Administrator (CSPIA) Support Services (Part of Soldier for Life Transition Assistance Program)

Authority: 10 U.S.C. 2304(c)(5) as implemented by FAR Part 6.302-5 -- Authorized or Required by Statute. Sole Source under the Woman Owned Small Business (WOSB) Program.

Amount: $2,931,333.80

Prepared by:

Contracting Officer:

Technical:

Requirements:

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

$2,931,334

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

1. Contracting Activity: U.S. Army Mission and Installation Contracting Command – Fort Knox (MICC – Ft Knox), 199 6th Avenue, Suite 250, Fort Knox, KY 40121-5720

2. Description of Action: The U.S. Army Human Resources Command (HRC) requests a Firm-Fixed-Price contract with Indtai, Inc, 2095 Chain Bridge Road, Suite 300, Vienna, Virginia 22182-3733. The Government projects award in January 2021, Fiscal Year 2021 VCAP Operation and Maintenance (O&M) funds have been projected for this contract.

This bridge action is a follow-on to bridge contract W9124J-20-C-0012. The CSPIA services are a Contract Line Item Number (CLIN) on this contract. HRC is consolidating various pieces of the CSPIA services requirement into one OMNIBUS type contract.

The follow-on contract award has yet to be made due to an extensive amount of additional time needed to obtain review and approval at the Department of the Army Level. The follow-on action is anticipated to be awarded in March 2021.

3. Description of Services: CSPIA Support Services (Part of Soldier for Life Transition Assistance Program). The National Defense Authorization Act (NDAA) for Fiscal Year 1991 requires that pre-separation counseling and employment assistance training be provided to retiring and transitioning Soldiers and their Family members. These services are provided at 54 locations in the United States. The contract objective is to provide tailored, professional services that support each requirement of Army Regulation (AR) 600-81, and aid command and client understanding of statutory and regulatory requirements, available services, and support resources available to them during transition. The performance period will consist of a base period, one option period, and FAR 52.217-8 six-month period identified as follows:

Base Period: 28 JAN 2021 to 03 APR 2021 Value: $602,041.67 Option Period 1: 04 APR 2021 to 03 JUL 2021 Value: $863,625.23 52.217-8: 04 JUL 2021 to 03 JAN 2022 Value: $1,465,666.90

Total Estimated Value: $2,931,333.80

4. Authority Cited: 10 U.S.C. 2304(c)(5) as implemented by FAR Part 6.302-5 -- Authorized or Required by Statute. Sole Source under the WOSB Program.

5. Reason for Authority Cited:

a. Continuing services under a bridge contract with Indtai, Inc., the incumbent, is in the best interest of the Government. On 28 July 2020, Indtai was awarded contract W9124J-20-C-0012 and they have performed the required services with qualified and experienced staff, which has resulted in no performance issues to date. Though there are other contractors with the capabilities to perform the requested services, due to the

FAR 52.217-8:

aa$863,625.23 aa$602,041.67 short timeline and criticality of this congressionally mandated program, it is in the best interest of the government to secure this bridge contract with Indtai, Inc. to ensure continuity of services while the re-compete effort is being worked. Under this timeline, and as discussed below, there are no other sources capable of providing the required services.

b. HRC has been working with MICC – Ft Knox over an extended period to refine the Performance Work Statement (PWS) and finalize documents necessary to meet the changing program needs of Soldier for Life Transition Assistance Program (SFL-TAP) in an effort to secure a follow-on contract award by mid-March 2021. HRC is consolidating various pieces of the Transition Assistance services requirement, to include Transition Counselors, Financial Counselors, Career Skills Program, and Accessing Higher Education Track, into one OMNIBUS type contract. As a result of HRC’s need, market research has been completed and a formal request for consolidation was approved on 8 March 2019.

c. On 4 October 2018, an initial determination of the level of effort that would comprise the services under the OMNIBUS effort resulted in an Independent Government Estimate (IGE) of approximately $323 million. Due to the estimated contract value exceeding $250 million, higher approval levels were required at the Headquarters Department of the Army (HQDA) level prior to the release of the solicitation. The higher approval levels and associated documentation requirements required an extensive amount of additional time that had not been anticipated. Initial planning anticipated release of the solicitation in June 2019 but the approval to release the solicitation was not obtained from HQDA until 23 February 2020. After the solicitation was released on 28 February 2020, over 490 questions concerning the solicitation were received. This extended the proposal due date to 30 April 2020. The award of the follow-on action is estimated to occur in March 2021.

d. With the resulting change in projected award date from October 2020 to March 2021, HRC is requesting that a bridge contract be awarded to avoid a break in service for this congressionally mandated program. This award date will allow adequate time for the two-month phase-in period to ensure the transfer of knowledge and for the incoming contractor to work through Department of Defense Contractor Personnel Office (DOCPER) and the Status of Forces Agreement (SOFA) issues for the overseas locations.

e. Alternatives:

1) Break in Service: This requirement supports transition services to the Active and Reserve Components Soldiers as mandated in the NDAA19, Veterans Opportunity to Work (VOW) to Hire Heroes Act 2011, Army Executive Order (EXORD) 2011, the Presidential Transition Task Force Directive 2011 and Army Regulation 600-81. Without this new bridge contract, the Army will be unable to meet legal and congressional mandates and Soldiers will be less likely to meet career readiness standards.

2) In-house Government Resources: The Government does not possess enough in-house resources to cover a gap in these services. The NDAA11, Section 4113 of Title 38, U.S. Code states (a) Requirement to contract – in accordance with section 1144 of Title 10, the Secretary shall enter into a contract with an appropriate private entity or entities to provide functions described in subsection (b) at all locations where the program described in such sections carried out. Section (b) Functions. Contractors under subsection (a) shall provide to members of the Armed Forces who are being separated from active duty (and spouses) in the services described in section 1144(a)(1) of Title 10.

3) It is not feasible to utilize any other vendor for this interim requirement. This requirement covers locations with 38 Full-time Equivalent (FTEs). The current contract expires on 27 January 2021 with no remaining options or clause 52.217-8 available. If another vendor were brought in for this interim requirement, they would not have sufficient transition resources and time needed to successfully perform this requirement, to include start-up, staffing, training, and transfer of knowledge to ensure continuity of services for this mandated program at all locations.

f. Impact if justification is not approved: Transitioning Soldiers would not receive the mandated VOW/CRS requirements and could not obtain a successful transition from active duty, Guard and Reservists (on Title 10 Status for 180 days or more), Retirees and Department of the Army Civilians (impacted due to reduction in force) and be productive in the civilian sector of society. There is no safety concern to personnel or equipment. Mission failure will occur, there will be no transition services provided to transitioning Soldiers, Family members and Department of the Army Civilians. The Army will be in violation of legal and congressional mandates if continuing transition services are not provided.

6. Efforts to Obtain Competition: The Contracting Officer shall publish the notices required by FAR 5.201 and any bids or proposals received shall be considered.

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

b. Subcontracting Competition: In accordance with FAR 19.702(b)(1), Subcontracting Plan is not required because the anticipated awardee is considered a Small Business, specifically a WOSB.

7. Actions to Increase Competition: Contract W9124J-17-C-0018, which preceded the current bridge contract W9124J-20-C-0012, was awarded competitively. The current contract W9124J-20-C 0012 was issued as a sole source bridge and is in effect at this time. This request is for a second sole source action that will permit sufficient time for effective competition to be obtained for the follow-on requirement (W9124D-20-R-0016).

8. Market Research:

a. On 8 December 2020, an intent to sole source was published to beta.SAM.gov that indicated the Government intended to sole source this contract to Indtai, Inc., a WOSB, in accordance with (IAW) FAR 19.506, Women-Owned Small Business Program Sole Source Awards. On 14 December 2020, the notice closed and resulted in one response, Connexus Hub. Connexus Hub email did not provide a capabilities statement.

b. North American Industry Classification System (NAICS) Code 541612 is on the Small Business Administration’s (SBA) list of NAICS codes eligible for WOSB set-aside.

c. Indtai is consider a WOSB under NAICS code 541612. On 14 December 2020, Indtai’s System for Award Management (SAM) Representations and Certifications were verified for WOSB status and it indicated Indtai is a WOSB.

d. On 8 December 2020, at the request of the Contracting Officer, the SBA is expediting the processing of Indtai’s WOSB certification.

9. Interested Sources: This procurement will be awarded on a sole source basis. The competitive follow-on requirement will permit all interested sources that meet the determined set-aside guidance to compete for the follow-on contract. The Government did receive one response to the intent to sole source, from Connexus Hub, that indicated they were interested in the requirement; however, Connexus Hub did not submit any information that allowed the Government to determine if they were capable or had the experience to satisfy this requirement. Therefore, Connexus Hub was not considered a potential offeror for this requirement.

10. Other Facts:

a. As the chartered owner for the SFL-TAP requirement, HRC will manage and execute the OMNIBUS contract requirements from the program office located at Fort Knox, KY, while all stakeholders will retain responsibility and oversight for their programs included in the OMNIBUS contract. The primary difference with an OMNIBUS contracting approach is that the Army will have one performing vendor who is responsible for the entire Soldier transition process, to include the connection to industry.

b. Procurement History:

PIID: W9124J-20-C-0012

Vendor Name / CAGE Code: Indtai, Inc / 3BU11 Small Business Socioeconomic Categories of the Awardee: WOSB Contract Type: Firm-Fixed-Price Period of Performance (POP): 28 July 2020 through 27 January 2021 Total Contract Value: $9,598,566.00 Competition Status: Sole Source Bridge Authority cited: FAR 6.302-1

PIID: W9124J-17-C-0018

Vendor Name / CAGE Code: Indtai, Inc / 3BU11 Small Business Socioeconomic Categories of the Awardee: WOSB Contract Type: Firm-Fixed-Price Period of Performance (POP): 28 January 2017 through 27 July 2020 Total Contract Value: $45,567,165.47 Competition Status: Competitive, Women Owned Small Business set aside

PIID: W9124J-13-C-0032

Vendor Name / CAGE Code: Manufacturing Engineering Systems, Inc / 0Z752 Small Business Socioeconomic Categories of the Awardee: WOSB Contract Type: Firm-Fixed-Price Period of Performance (POP): 21 October 2013 through 28 March 2017 Total Contract Value: $34,893,570.58 Competition Status: Competitive, Small Business set aside

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.

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 in accordance with FAR 13.106- 3(a)(2)(ii). As a part of this basis, certified cost or pricing data will not be required and the following exception applies: FAR 15.403(b)(3), a commercial item is being acquired.

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

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

Approval

Based on the foregoing justification, I hereby approve the procurement of Higher Career Skills Program Services on an other than full and open competition basis pursuant to the authority of Title 10 United States Code Section 2304(c)(5) as implemented by Federal Acquisition Regulation 6.302-5 – Authorized or Required by Statute. The estimated value of the contract is $2.93 million for up to a 5 month period of performance from 28 January 2021 through approximately 3 July 2021, and includes an additional 6 month option if FAR 52.217-8 is exercised. The approval is subject to availability of funds, and provided that the services herein described have otherwise been authorized for acquisition.

SCOTT D. KUKES

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