IA02 W9124D-22-C-0009 Knox JA 2022_24 (signed)_Redacted.pdf

Control No.: MICC 2022-24 Contractor: Cybermedia Technologies

Program: Higher Education Track (HET) Services

(Source Selection information - See FAR 2.101 and 3.104-4) Apr 2021

4. Authority Cited: Simplified Procedures for Certain Commercial Items, 41 U.S.C.

1901 as implemented by FAR Subpart 13.5: Sole Source

5. Reason for Authority Cited:

a. Continuing services under a bridge contract with Cybermedia Technologies Inc., the incumbent, is in the best interest of the Government. On 30 June 2021, Cybermedia was awarded a sole source bridge contract, W9124D-21-C-0019. To date, they have performed the required services with no performance issues identified. Prior to that, Cybermedia was awarded contract W91WAW-11-D-0021-2T02 and W9124D-21-C- 0005 in which they performed the required services with qualified and experienced staff and resulted in no performance issues. Though there are other contractors with the capabilities to perform the requested services, due to the short timeline and criticality of this congressionally mandated program, it is in the best interest of the government to secure this bridge contract with Cybermedia to ensure continuity of services while the re-compete effort is completed and a transition can occur to the new incoming vendor.

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-Fort Knox over an extended period to refine the Performance Work Statement (PWS) and finalize documents necessary to meet the changing program needs of SFL-TAP in an effort to secure a follow-on OMNIBUS contract. HRC consolidated 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 contract requirement. As a result of HRC’s need, market research was completed and a formal request for consolidation was approved on 8 March 2019. A contract was awarded on 9 July 2021. However, this award was protested to GAO on the 23rd and 27th of July 2021.

This resulted in corrective action being taken and the follow-on action is anticipated to be awarded in March 2022.

c. Additional Supporting Information: 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 . Due to the estimated contract value exceeding , 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. At that time, the award of the competitive follow-on action was projected to occur in

October 2020, based on the previous J&A. Receipt of pre-award protests at the agency level and at the General Accountability Office (GAO) significantly delayed the award.

Due to corrective action required resulting from these protests, additional time was needed to complete the evaluation process. Furthermore, review and higher level approval for required procurement documents [Pre-negotiation Memorandum (POM) and Price negotiation Memorandum (PNM)] has also taken a significant amount of additional time to complete. The award of the follow-on action is now estimated to occur in March 2022.

d. With the resulting change in projected award date from July 2021 to March 2022 for the OMNIBUS contract, HRC is requesting that a bridge contract be awarded to avoid a break in service for this congressionally mandated program. This bridge contract will allow adequate time for the two-month phase-in period of the new follow-on OMNIBUS contract 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 Component Soldiers as mandated in the NDAA 2019, 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 lapse in these contracted services. The NDAA 2011, 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 of entities to provide functions described in subsection (b) at all locations where the program described in such section is carried out.

b) Functions – Contractors under subsection (a) shall provide to members of the Armed Forces who are being separated from active duty (and spouses of such members) 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 worldwide with 67 Full-time Equivalents (FTEs). The current contract expires on 3 March 2022 with no remaining options. 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 that would enhance a successful transition from active duty to a productive civilian role in society. This includes Guard and Reservists on Title 10 Status for 180 days or more, Military Retirees, and Department of the Army Civilians when impacted due to reduction in force. There is no safety concern to personnel or equipment. Mission failure will occur, as 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), a Subcontracting Plan is not required because the anticipated awardee is considered a Small Business.

7. Actions to Increase Competition: The original contract was awarded competitively.

This request is for a sole source action that will permit sufficient time to award the follow-on competitive requirement (W9124D-20-R-0016).

8. Market Research:

a. On January 7, 2022, a synopsis with an intent to sole source was published to System for Award Management (SAM) that indicated MICC – Ft Knox intended to sole source this requirement to Cybermedia Technologies Inc., a Woman Owned Small Business (WOSB), in accordance with (IAW) FAR 19.506, Women-Owned Small Business Program Sole Source Awards. On 13 January 2022, the notice closed and resulted in zero responses.

b. Detailed review of the tiered contracts listed at the General Services Administration (GSA) Acquisition Gateway was conducted on 5 January 2022, in accordance with Army Federal Acquisition Regulation Supplement (AFARS) 5137.590-6 (a)(1)(vii), and no Spend Under Management (SUM) contracts were identified that met the needs of HRC. SUM contract research results are filed in the PCF I.A.02 Market Research Documentation folder. A tier 0 contract will be solicited and awarded to satisfy HRC’s valid requirement.