JA Part 6 - Hood TTSS 2023-05 20221216_Redacted.pdf

CUI

ATTENTION

Use this space to indicate categories, limited dissemination controls, special instructions, points of contact, etc., if needed.

ATTENTION

All individuals handling this information are required to protect it from unauthorized disclosure.

Handling, storage, reproduction, and disposition of the attached document(s) must be in accordance with 32 CFR Part 2002 and applicable agency policy.

allowed as necessary and permissible to any individual(s), organization(s), or grouping(s) of users, provided such access or dissemination is consistent with or in furtherance of a Lawful Government Purpose and in a manner consistent with applicable law, regulations, and Government-wide policies.

Standard Form 901 (11-18) Prescribed by GSA/ISOO | 32 CFR 2002

CUI

Controlled by: U.S. Army Controlled by: MICC–Fort Hood (CCMI-CHD-HD) CUI Category: General Procurement and Acquisition Distribution/Dissemination Controls: FEDCON POC: tunissha.l.marshall.civ@army.mil, 254-287-5454

CUI//SP-PROCURE//FEDCON

Control No.: MICC 2023-5

FAR PART 6 JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

Program/Equipment: United States Army Operational Test Command (USAOTC) requires Test Technology Support Services.

Authority: 10 United States Code (U.S.C.) §3204(a)(1) as implemented by FAR 6.302- 1 - Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

Amount: $7.0 Million

Prepared by:

Contract Specialist Date: 28 Oct 2022

Contracting Officer:

Contracting Officer Date: 28 Oct 2022

Technical:

Chief, Contract Mgmt. Division, G4 Date: 28 Oct 2022

Requirements:

Director, G4, USAOTC Date: 28 Oct 2022

Reviews: I have reviewed this justification and find it adequate to support other than full and open competition.

Program Manager:

__ ___ Date: See Digital Signature

Small Business Specialist:

_ Date: See Digital Signature

Director, MICC-Fort Hood:

__ Date: See Digital Signature

Assistant Director, Office Small Business Program:

_ _ _____ Date: See Digital Signature

MICC Office of Counsel:

_ ___ Date: See Digital Signature

0'

FAR Part 6 Justification and Approval for Other than Full and Open Competition

1. Contracting Activity: United States Army Mission and Installation Contracting Command - Fort Hood (MICC-FH), Shoemaker Center, Shoemaker Lane, Building 36000, Fort Hood, TX 76544-5095

2. Description of Action: The United States Army Operational Test Command (USAOTC) requests approval of a nine (9) month extension to the period of performance for the Test Technology Support Services (TTSS)Cost-Plus-Fixed-Fee (CPFF) Indefinite Delivery Indefinite Quantity (IDIQ) contract, W91151-22-D-0008, to Geeks and Nerds Corporation (GaN), 11247 Memorial Parkway, Huntsville, Alabama 35803. The Government projects extension of this procurement on 20 December 2022.

Fiscal Year (FY) 2023 Research, Development, Test & Evaluation (RDT&E) funds will be used on the task orders. An acquisition plan is not required because this procurement does not meet the threshold in accordance with Defense Federal Acquisition Regulations Supplement (DFARS) 207.103(d)(i)(B).

This action is an extension to contract, W91151-22-D-0008. Under the previous Justification and Approval (Control No. MICC 2022-64) the paragraph, “Actions to Increase Competition” stated: “This is an interim action to allow continued performance with the incumbent contractor during the time necessary to address the corrective action necessary in response to the GAO [Government Accountability Office] protest.” The completion of the procurement from the last J&A which granted a six (6) month bridge contract was not accomplished due to: (1) delay in re-submission of proposals and (2) longer source selection evaluation.

3. Description of Supplies/Services: The TTSS requirement provides specific technical support of the operational test, data collection and experimentation mission of USAOTC. The services include test technology support, simulations, stimulations, emulations, software, logistical support, and data management in the employment of live, virtual, and/or constructive simulations to create operationally realistic test environments. Additional requirements consist of test plans for accreditation of simulations and software, conducting Verification and Validation (V&V) tests, and reporting test results to include evaluating and demonstrating technical system and software operational capabilities.

Period of Performance Estimated Value

27 December 2022 – 26 September 2023 $7,000,000.00

4. Authority Cited: 10 U.S.C.§ 3204(a)(1) as implemented by FAR 6.302-1(a)(2)(iii)(B), Only one responsible source and no other supplies or services will satisfy agency for the continued provision of highly specialized services when it is likely that award to any other source would result in unacceptable delays in fulfilling the agency’s requirements.

5. Reason for Authority Cited: Pursuant to FAR 6.302-1(a)(2), when the supplies or services required by the agency are available from only one responsible source, or for DoD, NASA, and the Coast Guard, from only one or a limited number of responsible sources, and no other type of supplies or services will satisfy agency requirements, full and open competition need not be provided for.

a. Since the approval of the previous J&A (Control No. MICC 2022-64), the following has occurred:

1) Delay in re-submission of proposals: The Contracting Officer (KO) issued solicitation amendment W9115121R0012-0013 on 11 August 2022 as part of the corrective action. The amendment required re-submission of all volumes of the solicitation by 25 August 2022. Questions from the offerors were received by 17 August 2022. Answers were provided in solicitation amendment W9115121R0012-0014 on 24 August 2022 which also extended the response date to 31 August 2022. Additional questions were received by 26 August 2022. Answers were provided in solicitation amendment W9115121R0012-0015 on 31 August 2022 which also extended the response date to 06 September 2022. Re-submission of the proposals were received on 06 September 2022.

2) Longer source selection evaluation: Evaluations began on 07 September

2022. The completion of the evaluations was scheduled for 27 September 2022. The technical and cost findings have involved multiple revisions for various reasons. The extended completion of the findings for the source selection have delayed the completion of the evaluation reports. This has delayed the completion of the evaluations until 02 December 2022.

3) It is apparent that the delays in the evaluation process have impacted the timely award of 30 November 2022 that was anticipated under the corrective action plan. Therefore, an additional nine (9) months is needed to allow for the completion of evaluations, re-award the follow-on contract, and allow a 30-day transition period.

4) The table below shows the top-level projected milestone dates of the follow-on award for the nine (9) month extension.

Pre-negotiation Objective Memorandum Approval 24 FEB 2023 Start Discussions/Negotiations 27 FEB 2023 Request Final Proposal Revisions 13 APR 2023 Contract Review Board (CRB) Start (SSDD, PNM, etc.) 07 JUN 2023 CRB Approved 08 AUG 2023 Award of Contract 22 AUG 2023

b. Alternatives:

1) Suspension of Contract Support. The TTSS services are ongoing and critical to mission accomplishment. Suspension of contract support will cause critical disruption to the USAOTC’s mission and delay or stop the fielding of critical equipment for the Warfighter resulting in a degradation of Readiness. Therefore, this alternative is not viable.

2) Use of In-House Resources. USAOTC lacks sufficient manpower, technical expertise, and resources to perform the required TTSS. The United States Army does not contemplate acquiring adequately trained personnel within the Government in the near future. Attempting to initiate actions to increase the Government workforce to accomplish this mission would take years and result in mission failure during the time required to adequately recruit and staff a trained workforce. Therefore, this alternative is not viable.

3) Conduct a competitive acquisition for a contract. There is insufficient time to competitively award a new contract, phase-in a new contractor, transfer and account for the large inventory of Government Furnished Property (GFP), verify data, obtain security clearances and allow for familiarization with ongoing tests. There would be significant degradation in test support as contractors’ transition during testing. Any contractor other than the incumbent does not have sufficient equipment or trained manpower readily available on short notice to seamlessly assume the performance of these ongoing tests and services. An award to any other source would result in unacceptable delays in fulfilling the agency’s requirements. Further, this action is needed to complete the corrective action initiated in response to the protest received as described in the previous J&A (Control No. MICC 2022-64). Therefore, this alternative is not viable.

4) Extension of the current contract. Negotiating a contract with the incumbent is the only viable solution to provide continuity of operations and technical support without jeopardizing the USAOTC ongoing test and evaluation mission and ensuring there will be no degradation of services in this highly technical requirement. Award to any other source would result in a delay in fulfilling the agency’s requirements and would not be in the best interest of the Government.

c. Impact if not approved: Disapproval of the J&A will result in a lapse in service and USAOTC’s failure to execute its operational testing mission in accordance with the approved testing schedule, and failure to meet its statutory requirements in accordance with 10 U.S.C Sections 139 and 2399. Delays for the ongoing test events indicated in paragraph 3, Description of Supplies/Services, will cost an estimated $55 million in lost effort and other resources to plan and reschedule test events, to include coordination for test locations, tactical and non-tactical equipment, military test units, supporting organizations, and multiple support contractors and delay critical system upgrades or new combat capabilities.

6. Efforts to Obtain Competition: The Contracting Officer will publish the notices required by FAR 5.201 and any bids or proposals received shall be considered.

a. Effective Competition: This is a sole source action. Effective competition is not applicable.

b. Subcontracting Competition: GaN is a small business. With this action being an interim contract solution until the corrective action to the protest on the follow-on TTSS contract is resolved, there is a reasonable expectation that GaN will maintain their current subcontractor relationships.

7. Actions to Increase Competition: This is an interim action to allow continued performance with the incumbent contractor during the time necessary to complete the corrective action initiated in response to the protest received as described in the previous J&A (Control No. MICC 2022-64).

8. Market Research: In accordance with Defense Federal Acquisition Regulation Supplement (DFARS) 205.205-71, DFARS 206.302-1(d), and DFARS Procedures Guidance and Information (PGI) 206.302-1(d), a sources sought was posted to Contract Opportunities in sam.gov website on 28 November 2022 for 4 days to inform industry of the intent to issue a sole source contract to GaN.

responded to the sources sought and USAOTC conducted an analysis of their responses. While the technical team determined both vendors possess the technical qualifications to execute the requirements outlined in the PWS, ultimately both were deemed unable to support the immediate start date with solicitation, evaluation, negotiation, and award including the transition by 20 December 2022. Extending the existing bridge contract does not require the incumbent to transition or disrupt services, therefore GaN is the only technically capable vendor.

9. Interested Sources: There are two (2) interested sources. See paragraph 8 above for additional information.

10. Other Facts:

a. Procurement History: The TTSS contract has historically been awarded under the 8(a) program. Solicitation, W91151-21-R-0012, received five (5) proposals and Contract, W91151-22-D-0009, was awarded to ORSA Technologies, LLC on 19 May 2022. Yuslista GaN Technology Services, LLC filed a protest with the Government Accountability Office (GAO) (Docket B-420794) on 01 June 2022 disputing the award. A stop-work order was issued to ORSA the same day. The Army took corrective action in response to the protest. The bridge contract, W91151-22-D-0008, was issued to GaN to continue performance of services with J&A Control No. MICC 2022-64 under the cited authority of 10 U.S.C. §3204(a)(2), the approved by the Alternate Advocate for Competition (AAFC) on 27 June 2022 for performance through 26 December 2022.

b. Contract, W91151-21-D-0010, was awarded on 30 June 2021 to GaN

Corporation under the authority of J&A (Control No. MICC 2021-71) citing 10 U.S.C. § 2304(c)(1). The J&A was approved by the AAFC on 28 June 2021 for performance through 31 December 2021 with an estimated value of $4.5 million. The contract was subsequently extended through 31 May 2022, due to procurement delays utilizing J&A (Control No. MICC 2022-11) under the cited authority 10 U.S.C. § 2304(c)(1). The AAFC approved the J&A on 13 December 2021 for the five (5) month period with an estimated value of $3.32 million.

c. The previous contract, W91151-15-D-0001, was awarded under the SBA 8(a) program with an estimated value of $30 million. The period of performance was from 01 January 2015 through 31 December 2019. FAR 52.217-8, Option to Extend Services, was exercised to extend the ordering period through 30 June 2020. Due to procurement delays, the AAFC approved J&A (Control No. MICC 2020-67) under the cited authority of 10 U.S.C. § 2304(c)(1) on 22 June 2020. The period of performance was from 01 July 2020 through 30 June 2021 for an estimated value of $8 million.

d. Previous Contracts:

Contract Contract Dates Award Amount Solicited/Small or Large Contractor

W91151-22-D-0008 06/27/2022 – 12/26/2022 $4.5M Sole Source/Small GaN Corp

W91151-22-D-0009 05/19/2022 – 06/01/2022 $44.M 8(a) Competitive/Small ORSA

W91151-21-D-0010 07/01/2021 – 05/31/2022 $7.8M Sole Source/Small GaN Corp

W91151-15-D-0001 01/01/2015 – 06/30/2021 $45M 8(a) Competitive Small GaN Corp

W91151-13-D-0007 05/02/2013 – 12/31/2014 $5.6M 8(a) Sole Source/Small GaN Corp

W9115U-11-C-0010 12/01/2010 – 05/01/2013 $3.8M 8(a) Sole Source/Small GaN Corp

W9115U-09-C-0001 06/01/2009 – 11/30/2010 $3.1M 8(a) Sole Source/Small GaN Corp

W9115U-07-C-0006 06/01/2007 – 05/31/2009 $3.8M 8(a) Sole Source/Small GaN Corp

W9115U-06-C-0001 06/01/2006 – 05/31/2007 $1M 8(a) Sole Source/Small ESEI

11. 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.

_ __ Date: See Digital Signature

Chief, Contract Management Division, G4

12. 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.

__ __ Date: See Digital Signature

Director, G4, USAOTC

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable. This determination will be made using Cost Analysis in accordance with (IAW) FAR 15.404- 1(c) and the Independent Government Estimate (IGE). As a part of this basis, certified cost or pricing data will be required due to this being a non-competitive, non-commercial action exceeding the threshold for obtaining certified cost and pricing data established in FAR 15.403-4(a)(1).

__ __ Date: See Digital Signature Tunissha L. Marshall Contracting Officer

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

__ _ Date: See Digital Signature Tunissha L. Marshall Contracting Officer

Approval

Based on the foregoing justification, I hereby approve the procurement of Test Technology Support Services on other than full and open competition basis pursuant to the authority of Title 10 United States Code 3204(a)(1) as implemented by Federal Acquisition Regulation Subpart 6.302-1(a)(2), Only one responsible source and no other supplies or services will satisfy agency requirements. The estimated value of the contract is $7.0 million for a nine (9) month period of performance from 27 December 2022 through 26 September 2023. The approval is subject to availability of funds, and provided that the services or property 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