JA 2021_7_Redacted.pdf

Control No: Eustis-2021-7 Contractor: JANUS Research Group, LLC

Program: FID Mission Support

Version – September 2018 FOR OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

FAR PART 16 EXCEPTION TO FAIR OPPORTUNITY JUSTIFICATION

For Actions Exceeding the Simplified Acquisition Threshold (SAT)

Program/Equipment: The Futures and Concepts Center (FCC) requires support to procure mission support services for the Futures Integration Directorate (FID).

Authority: 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.

Amount: $ 2,899,235.56

Prepared by:

Contracting Officer:

Technical:

Requirements:

$ 2,899,236

Contracting Officer:

Small Business Specialist, Small Business Programs:

Director, MICC-Ft. Eustis:

Date: See Digital Signature

Date: See Digital Signature

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 (MICC)-Fort Eustis, 705 Washington Boulevard Fort Eustis, VA 23604

2. Description of Action: The Futures Concepts Command (FCC), Futures Integration Directorate (FID) requests a firm-fixed-price task order with Janus Research Group, Inc.

(JANUS) located at 6504 Reservoir Rd., Appling, GA, 30802 for a base period of six (6) months and six (6) one-month option periods in order to maintain continuity of services.

This bridge task order will cover the period between the end of the current services task order (W911S0-15-D-0003, W911S0-19-F-0064) and the beginning of a new Indefinite Delivery Indefinite Quantity (IDIQ) Multiple Award Task Order Contract (MATOC) planned for award in June 2021. The Government projects award in December 2021 using Operations and Maintenance funds. The current 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, to avoid unacceptable delays in service until the new MATOC is competitively awarded, a bridge task order is required. 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). The mission of the FCC 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. To accomplish this mission, the contractor will provide capability needs analysis and requirements development services, mission command and intelligence services, mission command document review services, performs information operations capability development and integration services, countering weapons of mass destruction analysis services, cyber focus without electronic warfare capability development services, tactical wheeled vehicle decision facilitation services, robotics strategy and requirements development services, G/3/5/7 support services, FCC G- 3/5/7 Joint Integration Team support services, and Army Futures Command (AFC) modernization process and futures development process support services.

These mission support requirements may originate from many FCC subordinate organizations, Department of Defense (DoD), or Department of the Army (DA) who are working initiatives in support of FCC. Support requirements currently exist within the following FCC activities: FCC Forward; Operations, Plans, and Policy Division;

Joint and Army Experimentation Division; Future Warfare Division; Joint and Army Models/Simulations Division; Concept Development and Learning Director’s Office;

Joint Interdependency Coordination Division; Human Dimensions Task Force;

LandWarNet Division; Sustainment Division; Maneuver Division; Maneuver Support/Protection Division; Fires Division; Accelerated Capabilities Division; Studies and Analysis Division; Mission Command, Intelligence and Cyber Division; and the Brigade Modernization Command. Performance is predominately at Fort Eustis, Fort Bliss, White Sands Missile Range, and the National Capital Region.

The FID is the division within the FCC that executes analysis and integration of requirements, resources, and solutions to synchronize the fielding of solutions ensuring Multi-Domain Operations will dominate on future battlefields. Specific tasks included in the Performance Work Statement comprise Capabilities Needs Analysis support; Mission Command and Intelligence support; Information Operations Capability Development and Integration support; Countering Weapons of Mass Destruction support; capability assessment support of cyber and Electronic Warfare Capability Development; support for facilitation of Tactical Wheeled Vehicle Decisions; Robotics Strategy and Requirements development support; G-3/5/7 support; Synergy Analysis support; Joint Integration Team support; and AFC Modernization Process and Futures Development Process support.

Period of Performance Base Period: 19 Dec 20 to 18 Jun 21 Value: $1,449,662.78 Option Period 1: 19 Jun 21 to 18 Jul 21 Value: $ 241,610.46 Option Period 2: 19 Jul 21 to 18 Aug 21 Value: $ 241,610.46 Option Period 3: 19 Aug 21 to 18 Sep 21 Value: $ 241,610.46 Option Period 4: 19 Sep 21 to 18 Oct 21 Value: $ 241,610.46 Option Period 5: 19 Oct 21 to 18 Nov 21 Value: $ 241,610.46 Option Period 6: 19 Nov 21 to 18 Dec 21 Value: $ 241,610.46

Total Value: $2,899,235.56

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 FID’s mission of integrating the FCC’s/AFC’s modernization processes across all TRADOC domains (DOTMLPF) is critical to the accomplishment of Army modernization. The FID utilizes the services of JANUS to ensure successful delivery of the FID’s mission requirements. JANUS provides the FID 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, JANUS was awarded the current task order competing with all other IDIQ contractors using fair opportunity procedures. JANUS was awarded the current task order because (a) it possesses the unique and highly specialized services required by the FID to meet its mission, which is leveraged with contractor support in “low density

– highly skilled” tasks, e.g. Robotics, Cyber, Intel, Counter-UAS, and (b) the Government does not have enough skilled people to spread to the generating force positions. FID non-military workforce consists of 68 government civilians and 12 JANUS contractor personnel. Because FID relies so heavily on JANUS support, and since JANUS 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)(1) applies. The following paragraphs further elaborate on the needs of the FID and why JANUS 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 twelve-month bridge task order on a competitive basis without further delaying award of the follow-on contract. The urgency resulted from the expiration of the ARCIC MATOC and the lack of success in awarding its replacement MATOC before expiration.

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) 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. The full bridge performance delivery schedule is from 19 December 2020 until 18 December 2021.

6) JANUS continues to provide outstanding capability documents and executive level correspondence for all task order delivery requirement submissions. JANUS is fully capable of meeting the FID’s mission to execute analysis and integration of requirements, resources, and solutions to synchronize the fielding of solutions ensuring Multi-Domain Operations dominate on future battlefields. A gap in services will seriously impact the FID’s ability to meet its objectives and mission required of the FID by FCC.

Mission compromise or failure of this magnitude at the FID will result in the FCC’s inability to provide their required technical services

7) The previous task order was competed among all three (3) IDIQ MATOC holders. JANUS provided a proposal that satisfied the Government’s requirements and placed the least risk on the Government. Its technical approach, staffing and management approach, and the execution of the FID’s mission can be applied to this bridge task order to seamlessly and urgently provide this knowledge and expertise during the bridge support. JANUS has been the service provider since June 2015.

8) The FID’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 task order 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 TRADOC will experience disruptions in the performance of these essential knowledge management functions, mission command decision-making functions, and oversight functions vital to FID’s 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 under the FCOE) and then phase-in a new contractor (two months).

3) Use Government resources: Currently there are no Government personnel

(military or civilian) on-hand with the ability to assume the critical work performed using contractor support should there be a lapse in service. Also, the contractor positions are performed by individuals with very specialized knowledge and experience required to execute the tasks contained throughout the PWS. 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 vehicle is awarded in June 2021. The current services will continue until 18 December 20. The Government requires a six-month base performance period with six (6) one (1) month option 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.

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 was not adequate to obtain both required FCC approvals and Government Procurement approvals, as well as to 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 and places 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 FID 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, JANUS. 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 task order request.

g. Impact. If there is a break in the services, provided by JANUS, continuance of mission essential work for the FCC will be placed at risk of mission failure. The FID relies on JANUS to perform the task order requirements to meet its mission needs. A suspension of services places the Government at risk because the FID will not be able to sufficiently fulfill their commitment to FCC required by their mission. The impact of not sole sourcing to JANUS would be a break in service and potentially, a work slowdown or stoppage. Such a lapse in service in order to accommodate providing a fair opportunity is not in the best interest of the Government. Continuous support of the FCC in concept and capability development experimentation and evaluation is a no fail requirement.

6. Actions to Increase Competition: In order to increase competition in the future, a new MATOC will be awarded in calendar year 2021, which will provide fair opportunity among those contractors selected for the services. This contract is currently being procured by 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 the FCOE MATOC 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 for the MATOC re-compete, which included a sources sought posted on 18 May 2018 and an Industry Day conducted on 7 May 2019. Eleven (11) companies responded to the sources sought.

One (1) large business and one (1) 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 October 2020 approval was received to use the Fires Center of Excellence (FCOE) MATOC to provide a seamless continuation of services to the FCC until the new MATOC IDIQ contract (ref. Solicitation W911S0-19-R-0002) is awarded. The requirement is within the scope, performance period, and maximum value of the

FCOE MATOC.

8. Other Facts:

a. Procurement History:

Contract: W911S0-15-D-0003, Task Order 0001 Contractor: JANUS Award Date: 30 June 2015 Competitive Status: Fair Competition among MATOC holders

Contract: W911S0-15-D-0003 W911S0-19-F-0064 Contractor: JANUS Award Date: 19 December 2018 Competitive Status: Fair Competition among MATOC holders

Program: FID Mission Support

9. 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.

10. 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.

11. Fair and Reasonable Price Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable. The techniques identified at FAR 15.404-1(b)(ii) and (v) will be used to ensure award will be at fair and reasonable prices. This determination will be made using price analysis.

As a part of this basis, certified cost or pricing data will not be required and the following exception applies (FAR 15.403):Prices that were established during the original competition that are not subject to negotiation.

12. 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 Mission Support Services for the Futures Integration Division using an exception to fair opportunity pursuant to the authority of Title 10 United States Code Section 2304c(b)(1) as implemented by Federal Acquisition Regulation 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. The estimated value of the task order is $2.9 million for a 12 month period of performance consisting of a 6 month base period and 6 one-month options from 19 December 2020 through 18 December 2021. This approval is subject to availability of funds, and provided that the services herein described have otherwise been authorized for acquisition.

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