JA FAR Part 13 Redacted.pdf

Control No.: 2023-3 Contractor: Reliant Asset Management, LLC

Program: Army Cyber Command

Version – March 2017 FOR OFFICIAL USE ONLY

FAR Subpart 13.5 Simplified Procedures for Certain Commercial Items – Sole Source Justification and Approval

1. Contracting Activity: Mission Installation Contracting Command (MICC) – Fort Gordon, 271 Heritage Park Lane, Fort Gordon, GA 30905-5719

2. Description of Action: Army Cyber Command (ARCYBER) requests a firm-fixed-price (FFP) contract with Reliant Asset Management. The Government projects award for May 2023 using fiscal year 2023 and Operation and Maintenance, Army (OMA) funds.

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).

This action is a follow-on to contract W91249-21-C-0011, which was not competed under authority Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 (or 41 U.S.C. 1903 for Special Emergency Procurement) as implemented by FAR Subpart 13.5.

Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

Solicitation for a new requirement would require the government to vacate the tenants currently occupying the relocatable buildings/trailers (RLBs) while there is currently no other suitable space available on the installation. Fort Gordon is currently occupied at 99.71% of capacity. Additionally, the government would incur significant additional costs in the demobilization and tear down of the existing RLBs as well as the install of new RLBs and the requisite facility maintenance.

3. Description of Supplies/Services: ARCYBER requires the usage of Relocatable Trailers (RLBs) in order to host workspace for 11th Cyber Battalion (formerly 915th Cyber Warfare Battalion) personnel awaiting completion of new permanent workspace. The workspace is also used for ARCYBER personnel that do not have access to the ARCYBER HQ building while awaiting final security clearance adjudication. A new facility is not expected to be completed until 2026 at the very earliest. The RLB will serve as interim location for personnel until the new office space is fully operationally capable.

4. Authority Cited: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 (or 41 U.S.C. 1903 for Special Emergency Procurement) as implemented by FAR Subpart 13.5. Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. Substantial duplication of cost to the Government that is not expected to be recovered through competition. Unacceptable delays in fulfilling the agency’s requirements.

Program: Army Cyber Command

Version – March 2017 FOR OFFICIAL USE ONLY

5. Reason for Authority Cited:

a. Reliant Asset Management, LLC (RAM) currently provides a 16-plex modular unit for ARCYBER operational use and is the only responsible source capable of meeting this requirement at this time as the Government is currently in the planning phase of building an operational sensitive compartmented information facility (SCIF). To compete this requirement and award a contract to a new vendor would significantly impact operations and create undue financial burdens on the Government due to duplication of cost, such as incur additional set-up costs, costs associated with the demobilization of the current structures, and displacement of personnel who are currently housed in the existing RLBs. The cost for demobilization and teardown of the existing RLBs is $69,000. The cost estimate for delivery and install of new modular RLBs is $47,050 to $103,000. The cost savings to the government utilizing the current RLBs and the fact that the installation is at 99.71% capacity with no other space available that can house the existing tenants greatly outweigh any benefit for replacement modulars.

b. Alternatives.

1. Recompete: Should this requirement be openly competed and awarded to another source, ARCYBER would incur new set-up cost. There would also be a demobilization cost of the current infrastructure, and displacement of current personnel during several weeks to months of demobilization and remobilization.

As there is currently no suitable space elsewhere on post available, this would represent an unacceptable delay in fulfilling the requirement. To compete this requirement would incur significant lead times and duplication of cost for demobilization and remobilization that would not be recovered through competition.

2. Relocate: Moving personnel to another location. There is currently no suitable space available elsewhere on post that would support these personnel. Space is also not available in the ARCYBER HQ building, thus remaining in the current RLBs is the most feasible option.

Impact if justification is not approved: If the J&A is not approved, the Government would need to displace the 11th Cyber Battalion and ARCYBER personnel currently occupying these trailers while no other suitable space on post is available. ARCYBER will risk significant impact and disruption to a mandatory cyber capability and would incur an additional cost of up to $172,000 for demobilization and installation/set-up alone, which would place a financial burden on the Government.

6. Efforts to Obtain Competition: A Sources Sought Announcement was posted on beta.sam.gov on 03 Mar 2023 with a draft copy of the Performance Work Statement (PWS). Responses were due on 15 Mar 2023. Based on the results of the Source Sought, there are available sources that have written and express interest in the

Program: Army Cyber Command

Version – March 2017 FOR OFFICIAL USE ONLY acquisition; however, only one source is capable of fulfilling this requirement due to the circumstances mentioned above.

7. Actions to Increase Competition: Based on the aforementioned information above in paragraph 5 a-b (1) (2), effective competition is not feasible at this time. However, MICC-Fort Gordon will continue to conduct market research (prior to exercise of options and for the follow-on) to determine if the market has changed and competition exist at that time.

8. Market Research: Market research was conducted via SBA DSBS utilizing keyword “Modular workspace” and NAICS code “332311” which shows multiple small businesses capable of fulfilling this requirement. Additionally, market research shows GSA vendors capable of fulfilling this acquisition. However, Reliant Asset Management (RAM) is the vendor that can fulfill this acquisition in a timely manner and without any additional cost to ensure continuity of service. Additionally, based on the aforementioned information above in paragraph 5, effective competition is not feasible at this time due to a substantial duplication of cost for demobilization and remobilization. Recompeting the contract would also cause an unacceptable delay in fulfilling the requirement for workspace due to displacement of existing tenants during the demobilization and installation period when there is not suitable space elsewhere on post available for these personnel. Therefore, it is determined that this requirement will be sole sourced to Reliant Asset Management, LLC, 2900 South Quincy Street, Ste. 425, Arlington, VA 22206, Cage Code: 6P6L7, and DUNS: 078281450.

9. Interested Sources: Based on the results of the Source Sought, there are available sources that have written and express interest in the acquisition. However, only one source is capable of fulfilling this requirement due to the circumstances mentioned above.

10. Other Facts: Procurement History.

Contract Number

Contractor Cont ract Type

Award Amt.

Period of Performance

Competitive Status

W91249-20-P-0025 Reliant Asset Management, LLC

FFP $248K 05/15/2020-05/14/2021 Sole source

W91249-21-C-0011 Reliant Asset Management, LLC

FFP $435K 05/15/2021-05/14/2023 Sole source