JA 2022_15 W9124D-22-Q-0040_Redacted.pdf

Control No: MICC 2022-15 Contractor: Indtai, Inc.

Program: Career Skills Program Installation Administrator Support Services

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

Apr 2021 was awarded contract W9124D-21-C-0010. To date, they have performed the required services with no performance issues identified. Prior to that, on 28 July 2020, Indtai was awarded contract W9124J-20-C-0012 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 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 worked 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. 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 type contract. As a result of HRC’s need, market research was 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 . 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. The award of the follow-on action was estimated to occur in March 2021.

d. A contract was awarded on 9 July 2021 and subsequently protested. The determination was made to rescind the award and take corrective action. HRC is requesting that a bridge contract be awarded to avoid a break in service for this congressionally mandated program. This bridge will provide adequate time to complete corrective action, issue a new follow-on award, and cover full performance for the two-month phase-in period on the new contract. This will 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. 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 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 the 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 with 38 Full-time Equivalent (FTEs). The current contract expires on 3 January 2022 with no remaining options or clause 52.217-8 available. If another contractor 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 become immediate productive members 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), a

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 contracts W9124D-21-C-0010 and W9124J-20-C-0012, was awarded competitively.

The current contract, W9124D-21-C-0010, was issued as a sole source contract and is in effect at this time. This request is for a third 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 1 December 2021, an intent to sole source was published to SAM.gov that indicated the Government intended to sole source this bridge action to Indtai, Inc., a WOSB, in accordance with (IAW) FAR 19.506, Women-Owned Small Business Program Sole Source Awards. The notice closed on 8 December 2021.

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 30 November 2021, Indtai’s System for Award Management (SAM) Representations and Certifications were verified for WOSB status and indicated Indtai is a WOSB.

9. Interested Sources: This bridge action 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.

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 contractor who is responsible for the entire Soldier transition process, to include the connection to industry.

b. Procurement History:

PIID: W9124D-21-C-0010

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 2021 through 3 January 2022 Total Contract Value:

Competition Status: Sole Source Bridge Authority cited: FAR 6.302-1

PIID: W9124J-20-C-0012

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:

Competition Status: Sole Source Bridge Authority cited: FAR 6.302-1

PIID: W9124J-17-C-0018

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:

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:

Competition Status: Competitive, Small Business set aside