JA 2021_08_Redacted.pdf

Control No.: Eustis 2021-08 Contractor: Valiant Global Defense, Inc.

Program: Future Warfare Division Support

Version – September 2018 FOR OFFICIAL USE ONLY

FAR Part 16 Exception to Fair Opportunity Justification Under Multiple Award Indefinite Delivery Contracts

For Actions Exceeding the Simplified Acquisition Threshold (SAT)

1. Contracting Activity: U.S. Army Mission and Installation Contracting Command

- Fort Eustis, 705 Washington Boulevard Fort Eustis, VA 2360

2. Description of Action: The Futures Concepts Command (FCC) Future Warfare Division (FWD) requests a firm-fixed-price task order with Valiant Global Defense, Inc.

(Valiant) located at 3940 Ruffin Road, San Diego, CA, 92123. The current Indefinite Delivery Indefinite Quantity (IDIQ) Multiple Award Task Order Contract (MATOC) expired on 18 June 2020. No new orders could be placed after this date and all existing order deliveries cannot exceed 18 December 2020. There are no options to exercise or additional extensions available. Therefore the only option remaining is to bridge the requirement until the new competitive MATOC is awarded. The Government projects award in the first quarter of 2021 using fiscal year 2021 Operations and Maintenance funds. To avoid unacceptable delays in service until the new MATOC is awarded, a bridge task order is required. The General Services Administration (GSA) One Acquisition Solution for Integrated Services (OASIS) Pool 1 Unrestricted will be used.

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 Services: One of the leading organizations helping the Army prepare for current and future warfighting challenges is the Futures Concepts Command (FCC), a subordinate organization of Army Futures Command (AFC). FCC’s mission is to develop, evaluate, and integrate warfighting concepts, requirements and solutions for the Army across the domains of Doctrine, Organization, Training, Materiel, Leader development, Personnel, and Facilities (DOTMLPF) to provide soldiers and units the capabilities they need to support Combatant Commanders' operations in a Joint, interagency, intergovernmental and multi-national (JIIM) environment. The successful development and integration of DOTMLPF solutions by the FCC is essential to improving the survivability and lethality of Army soldiers and their warfighting capabilities. According to the Performance Work Statement (PWS), the FWD requires contractor knowledge, expertise, and services to support the design, planning, preparation, administration, execution, analysis, assessment and analytical integration of the Future Study Plan (FSP) events. Services required consist of: (i) designing war-games, and developing and executing seminars and other analytical events facilitating the study of future warfare concepts using futuristic global scenarios and multiple potential crises that cross the range of military operations; (ii) exploring concepts for Army, Service and Joint Communities; (iii) researching and preparing white papers and/or briefings to be presented to the Chief of Staff of the Army; (iv) participating in the development of campaign plans for study events; (v) providing logistical and administrative services during war-game events; (vi) production support (event management); and (vii) producing the FSP and Program of Execution (POE). The contractor shall develop FSP draft documents and present them to senior Government leaders, perform integration and analysis to multiple stakeholders during the execution of the FSP events, provide product continuity management support, event and design planning support, event execution of war game events, and situational FSP event support. Event coordination occurs several months in advance in order to execute a seamless and successful event.

Period of Performance Base Period: 19 Dec 20 to 18 Jun 21 Value: $ 1,508,279.72 Option Period 1: 19 Jun 21 to 18 Jul 21 Value: $ 348,784.23 Option Period 2: 19 Jul 21 to 18 Aug 21 Value: $ 348,784.23 Option Period 3: 19 Aug 21 to 18 Sep 21 Value: $ 348,784.23 Option Period 4: 19 Sep 21 to 18 Oct 21 Value: $ 348,784.23 Option Period 5: 19 Oct 21 to 18 Nov 21 Value: $ 348,784.23 Option Period 6: 19 Nov 21 to 18 Dec 21 Value: $ 348,784.23

Total Value:$3,600,985.13

4. Authority Cited: 10 U.S.C. 2304c(b)(1) as implemented by FAR 16.505(b)(2)(i)(A) - The agency need for supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

5. Reason for Authority Cited:

a. The FWD's mission of providing event support services to the Army Futures Command and preparing the Army for the future is critical to the accomplishment of Army modernization. The FWD utilizes the services of Valiant to ensure successful delivery of the FWD's mission requirements. Valiant provides the FWD with the complex technical understanding of the Army Futures Command's (AFC) modernization process, which is the primary process for identifying and pursuing required Army materiel capabilities. As the incumbent, Valiant was awarded the current task order competing with all other IDIQ contractors using fair opportunity procedures. Valiant was awarded the current task order because of its unique and highly specialized services required by the FWD. The FWD mission is highly leveraged with contractor support. FWD non-military workforce consists of 45 personnel of which 14 are contractor personnel.

Because FWD relies so heavily on Valiant support and because Valiant is the only source available to fulfill this urgent need without undue delay, the exception to fair opportunity under 10 U.S.C. 2304c(b)(2) applies. The paragraphs below further elaborate on the needs of the FWD and why VALIANT is the only contractor capable of immediately providing these services during this interim period.

1) The new IDIQ MATOC (ref. Solicitation W911S0-19-R-0002) is not yet awarded due to delays caused by the changing and evolving mission of the FCC as well as changes in their internal personnel assigned to the re-compete of this requirement.

2) The planning for the new MATOC has been ongoing for at least two (2) years.

A procurement of this magnitude would take approximately two (2) years to complete under normal circumstances. During the last two (2) years, the procurement was encumbered due the mandated transition of Army Capabilities Integration Center (ARCIC) to FCC that created turbulence in the timely development of the requirement.

The transition resulted in organizational changes in the Army Futures Command and personnel moves that contributed to delays as the new organization shifted personnel to new positions. The personnel new to the requirement process required time to become familiar with the requirement. Mandatory telework in 2020 also hampered progress of the MATOC award to a minor degree. The impact is that the new MATOC award will not be in place before the current task orders expire creating a lapse in critical services required by the agency.

3) There is insufficient time and resources available to award this bridge task order on a competitive basis without further delaying award of the follow-on contract.

4) Until it is awarded, these vital services must continue without delay or lapse in service. The bridge task order requirement is necessary to facilitate the competitive award of the new MATOC anticipated in June 2021.

5) These services include the specialized analysis and recommendations to the FCC as it executes its responsibilities across a broad range of technical, training, and related disciples involving developing and executing the Chief of Staff Army's Future Study Plan to isolate and frame issues vital to the future force development to; examine alternative futures, identify gaps in Army capabilities and generate ideas to close the gaps; provide venues to develop and explore Senior Leader areas of interest; and incorporate and examine Army concepts and DoD wargame activities in order to identify operational and functional areas of refinement.

6) Valiant provides the FWD with the complex technical understanding of the event support, which at times may require special augmentation or modifications to the existing structure of some events. Event augmentation may consist of technical experts that are extremely proficient in their subject and are able to inform and guide other professionals in a given area or pursuit. Valiant is in a critical position to provide the Army with the urgent need for a continuation of future study plan services to assist the FWD, FCC and the U.S. Army. Authority 10 U.S.C. 2304c(b)(1) as implemented by FAR 16.505(b)(2)(i)(A) applies because Valiant has the full capability to urgently fulfill the contract requirements.

7) The required performance delivery schedule ensures the bridge task order requirement is only as long as necessary in order to award the new MATOC. The base period of performance is 19 December 2020 through 18 June 2021. Additionally, there are six (6) one-month options in the event the competitive MATOC is not awarded as projected.

8) Valiant has already begun preparations for the Fiscal Year (FY) 2021 Future Study Plan in order to align with the FCC's FSP FY 2021 Communications and Engagement Strategy. The gap in services will seriously impact numerous critical events, the first of which is the planning workshop (AWC) and a Future Warfare Seminar in January/February 2021. Additionally, critical preparatory events such as the Staff Exercise (STAFFEX) event (OE6b), Pre-Game Training event (OE5b), and War- Games (OE7c) are potential upcoming needs for the FCC following the first quarter of the new contract period, resulting in the objectives of the annual study plan not being met. This places high risk of mission failure for the FWD.

9) The previous task order was competed among all three (3) IDIQ MATOC holders. Valiant provided a proposal that satisfied the Government’s requirements and placed the least risk on the Government. Its technical approach, key personnel, integrated management and execution of the FWD mission can be applied to this bridge task order to seamlessly and urgently provide this knowledge and expertise during the bridge support.

10) The FWD's workload requirements are subject to fluctuation. Thus, the contractor must be able to immediately manage these conditions and ensure that requirements can be supported without delay since providing a transition period will not be possible due to the current task order expiring on 18 December 2020. There are no other Government agencies buying these same services.

b. Alternatives:

1) End Services. Forgoing current services is not a viable alternative. This would result in a significant disruption of capabilities analysis and integration support. This option results in mission failure for this critical FCC endeavor.

2) Re-competing a new bridge contract effort. This alternative is not in the best interest of the Government, as a re-compete of this effort at this time would likely cause a significant disruption of capabilities and analysis support conducted in the continuation of the transition of the ARCIC to the AFC FCC. A vendor other than the incumbent would have to learn how the FCC conducts business while simultaneously conducting the prioritization, integration, and synchronization of DOTMLPF capabilities developments. Competing the bridge task order and transitioning to a new contractor under that compressed timeline creates significant operational risk and increases the possibility that JMC will experience disruptions in the performance of these essential knowledge management functions, mission command decision-making functions, and oversight functions vital to its mission execution. Even if it were possible to compete the bridge task order, doing so would result in the award of an order with such an abbreviated performance period that the likelihood of receiving proposals is low because of the time necessary to compete the order (two months) and then phase-in a new contractor (two months)

3) Use Government resources. Currently there are no Government personnel (military or civilian) on-hand able to assume this work with the experience required to execute the mission-oriented tasks contained throughout the mission support services performance work statement should there be a lapse in service. The organization does not have the capability to in-source personnel to meet mission requirements without a break in operational support. The Table of Distribution and Allowances (TDA) provides adequate knowledge, skills, and abilities to conduct oversight of the contract, but lacks personnel with the requisite skill sets to execute the tasks outlined in the PWS.

c. Verified Minimum and Need. The minimum requirement includes performance of all performance work statement tasks until the new MATOC contract is awarded in 2021.

The current services will continue until 18 December 2020. The Government requires a six-month performance period with six one (1) month optional periods of performance.

This will provide for a continuation of services through 18 December 2021. This extension will provide the needed time in order to award a contract that is fair and reasonable and provides adequate fair opportunity.

d. Considerations for using one source. Time available versus time required, phase-in/phase-out time, and the complexity of the requirement were considered in the decision to solicit only to one source. The time available to procure new services is not adequate to obtain both required FCC approvals, Government Procurement approvals, and solicit and award a new contract. If a new contractor were to receive this work, then it would require at least a 30 day phase-in period, which will place the Government at risk of a break in services. Additionally, competing the extension and transitioning to a new contractor under that compressed timeline will create significant operational risk and enhances the possibility that FWD will experience disruptions in the performance of essential knowledge management functions, mission command decision-making functions and the ability to perform oversight functions vital to mission execution.

e. Interim Contract Cost. This is an interim task order with the incumbent, Valiant. It would be neither cost effective nor realistic to expect another contractor to perform during the brief interim period. A new contractor will experience manning problems including recruitment and associated relocation fees; continuity of service, variety and complexity of requirements; and preparation of management plans.

f. Interim Contract Requirement. This is an interim task order required until award of a follow-on service contract. The anticipated award of the follow-on contract is June 2021. Currently, there is no protest associated with this interim contract request.

g. Impact. If there is a break in the services provided by Valiant, continuance of mission essential will be placed in jeopardy and the risk of mission failure would be severe. The FWD relies on Valiant to perform the mission critical tasks in the PWS to meet its mission needs. A suspension of services places the Government at risk as FWD will not be able to sufficiently fulfill their commitment to the Army required by their mission. A lapse in service in order to accommodate providing a fair opportunity would severely impede, if not halt, the ability of FCC and FWD to meet their objectives and accomplish their mission. This is especially critical in the first quarter of the new contract period when critical preparatory events must occur in order to meet mission objectives.

6. Actions to Increase Competition: In order to increase competition in the future, a new MATOC will be awarded in June 2021, which will provide fair opportunity among those contractors selected for the services. This contract is currently being procured by the MICC-Fort Eustis. Some of the tasks may be supported with a different task order due to changes in the way the services are currently provided and the FCC's evolving mission and organization. MICC-Fort Eustis plans to issue a new competed task order following the award of the MATOC. No previous justifications exist for requirements performed under the current task order.

7. Market Research: Market research was performed in September 2020. The research results demonstrated that the requirement can be awarded under OASIS using fair opportunity procedures, but only if adequate time is available to perform all the pre-award contracting requirements. Market research techniques included reviewing the procurement history, reviewing mandatory and preferred sources, and searching www.sam.gov and small business databases. Additionally, the market research included a review of the market research report for the MATOC re-compete, which included issuing a sources sought on 18 May 2018 and conducting an Industry Day on 7 May 2019. Eleven companies responded to the sources sought. One large business and one small business were deemed either fully or moderately capable of performing all tasks.

The other nine (9) vendors were not fully capable in all performance areas required to include capability development support, experimentation and evaluation support, synergy support, and information technology and information management support. The Industry Day resulted in significantly high participation. Both large and small businesses expressed interest in the procurement. The Industry Day determined the market has not changed since a Sources Sought was posted in 2018 and small businesses expressed interest in only performing a few of the task areas or seeking a teaming arrangement as a subcontractor. Small businesses do not have the capability to meet the specific and complex needs of the FCC, such as synergy support and experimentation and evaluation, to meet FCC's mission and provide the required flexibility.

In September 2020 the OASIS Unrestricted Pool 1 -GSA contract was reviewed and recommended for use by the Contracting Officer to provide the FWD with a seamless continuation of services until the new MATOC (ref Solicitation W911S0-19-R-0002) is awarded.

8. Other Facts:

a. Procurement History:

Contract: W911S0-15-D-0002 - 0003 Contractor: Cubic Global Defense, Inc.

Award Date: 15 October 2015 Competitive Status: Fair Opportunity procedures of FAR 16.505(b)

Contract: W911S0-15-D-0002 - W911S0-19-F-0054 Contractor: Valiant Award Date: 01 February 2019 Competitive Status: Fair Opportunity procedures of FAR 16.505(b)