JA EFO_JANUS_2-6-25 - Copy_Redacted.pdf

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Control Number: JA-25-D-0110

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ATTENTION

Controlled by: U.S. Army Controlled by: ACC-APG CUI Category: General Proc. & Acq.

Distribution/Limited Dissemination Control:

Distribution Statement A: Approved for public release. Distribution is unlimited.

Point of Contact:

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Justification Review Document for an Exception to Fair Opportunity – FAR 16.505(b)(2)

Program/Equipment: Program Executive Office (PEO) Soldier Headquarters (HQ) Systems Engineering and Technical Assistance (SETA) Support Services

Authority: 10 United States Code (U.S.C) 3406(c)(3) as implemented in Federal Acquisition Regulation (FAR) 16.505(b)(2)(i)(C), the order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

Amount:

Prepared by:

Contract Specialist Army Contracting Command – Aberdeen Proving Ground (ACC-APG) Phone:

E-mail: Date Prepared: 12/18/2024

Contracting Officer:

Lisa J. Yamakawa

ACC-APG

Phone: 520.671.3281 E-mail: lisa.j.yamakawa.civ@army.mil Date Reviewed: 12/18/2024

Technical Representative:

Contracting Officer’s Representative PEO Soldier Headquarters - Resource Management Directorate (RMD) Phone:

E-mail: Date Reviewed: 12/18/2024

Requirements Representative:

Director PEO Soldier Headquarters - RMD Phone:

E-mail: Date Reviewed: 12/18/2024

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Reviews

I have reviewed this justification and find it adequate to support the justification for an exception to fair opportunity.

Legal Counsel:

Attorney Advisor Army Material Command Legal Center, APG at Ft. Belvoir Ph:

E-Mail:

Signature: __ __ _____________ Date:

Date: 2025.01.09 08:52:46 -05'00'

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Justification for an Exception to Fair Opportunity Under FAR 16.505(b)(2)

1. Contracting Activity: Army Contracting Command-Aberdeen Proving Ground (ACC- APG, 6515 Integrity Court, Bldg. 4310, Aberdeen Proving Ground (ACC-APG).

2. Description of Action:

Program Executive Office Soldier Headquarters (PEO Soldier HQ) and ACC-APG, Division D, request written approval to execute a “bridge action” to extend the period of performance (PoP) of task order W91CRB-20-F-0013 (Janus Research Group, LLC,) for up to three (3) months in the amount of Task Order W91CRB-20-F- 0013 was awarded, using full and open competition, under Responsive Strategic Sourcing for Services (RS3) indefinite-delivery indefinite-quantity contract W15P7T-19- D-0068 and is comprised of a mix of cost-plus-fixed-fee and cost contract line-item numbers (CLINs) for labor and other direct costs. This modification action will formally add pricing and additional option CLINs which, when exercised, will extend the period of performance of the subject task order up to three (3) months, allowing work performance (labor and other direct costs) to continue between 22 January 2025 and 21 April 2025 (see Table 3 below).

To note, clause 52.217-8 Option to Extend Services is included in the task order.

However, since options related to clause 52.217-8 were not priced, evaluated, and included during the task order competition, justification for other than full and open competition is being sought under authority FAR 16.505 (b)(2) Exceptions to the fair opportunity process and, bilateral agreement with the contractor will be negotiated to continue the subject services.

Fiscal Year (FY) 2025 funds are available via the “American Relief Act, 2025” which provides fiscal year 2025 appropriations to Federal agencies through March 14, 2025, for continuing projects and activities.

3. Description of Supplies/Services: (Reference at Paperless Contract File, current Task Order W91CRB-20-F-0013 awarded 22 October 2019). This contract provides System Engineering and Technical Assistance (SETA) Advisory and Assistance Services to PEO Soldier HQ and 5 primary directorates: Acquisition & Enterprise Support, Resource Management, Operations, Product Support Manager, and Assistant PEO Futures & Integration. The support provided under this effort includes engineering and test support, acquisition support, business management support, acquisition logistics support, operations support, cybersecurity support, information management / information technology support, property accountability support, international program support, and administrative support. By approval of this document, the current contractor shall continue to provide support services in accordance with the Performance Work Statement outlined within Section C of the current Task Order as outlined in Table 3 below. All SETA services currently being performed are required

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Page | 5 during the proposed extension. The estimated value of the proposed extension is based on the existing terms (rates and percentages) of the task order for Performance Year 4.

Table 1 - Periods of Performance for Current Task Order Contract (without extension) Transition-in Period 15 APR 20 – 21 MAY 20 Base Period – Labor and Other Direct Costs 22 MAY 20 – 21 MAR 21 Option Year 1 – Labor and Other Direct Costs 22 MAR 21 – 21 MAR 22 Option Year 2 – Labor and Other Direct Costs 22 MAR 22 – 21 MAR 23 Option Year 3 – Labor and Other Direct Costs 22 MAR 23 – 21 MAR 24 Option Year 4 – Labor and Other Direct Costs 22 MAR 24 – 21 JAN 25 Option Transition-out Period (Unexercised) 22 JAN 25 – 21 MAR 25 Total Estimated Cost (Value of Base + All Options) ---------------------------->

Table 2 - Total Estimated Cost of Extending Labor and Other Direct Costs

Category *Estimated Cost for 3 Additional Months of Performance

Labor Fixed Fee Other Direct Costs Total Estimated Cost

*Values above are based on previously negotiated costs/rates for Option 4 Labor and Other Direct Costs

Table 3 - Extension Period: Proposed CLIN Structure, Periods of Performance, and Estimated Cost

Contract Line-Item Number (CLIN) Period of Performance

Estimated Value of 3 Month Extension

CLIN 0015 Labor 3 Month Extension

Extension of PoP:

Currently Scheduled to end 1-21-25 From: 22 January 2025 – To: 21 April 2025

Fixed Fee:

CLIN 0016 Other Direct Cost 3 Month Extension

Extension of PoP:

Currently Scheduled to end 1-21-25 From: 22 January 2025 – To: 21 April 2025

CLIN 0013

Transition-out Period - Labor (Unexercised Option)

Change Existing Unexercised Option PoP Based on Extension of CLIN 0015:

From: 22 January 2025 – 21 March 2025 To: 22 April 2025 – 21 June 2025

Change to PoP only, based on 3-month extension to Labor and ODCs.

CLIN 0014

Transition-out Period – Other Direct Costs (Unexercised Option)

Change Existing Unexercised Option PoP Based on Extension of CLIN 0016:

From: 22 January 2025 – 21 March 2025 To: 22 April 2025 – 21 June 2025

Change to PoP only, based on 3-month extension to Labor and ODCs.

Total Estimated Cost of Proposed Extension ------------------------------------------->

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Total Estimated Cost (Value of Base + All Options) Plus Extension------------->

4. Authority Cited: 10 United States Code 3406(c)(3) as implemented in Federal Acquisition Regulation 16.505(b)(2)(i)(C), the order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

5. Reason for Authority Cited: In October 2019, as the result of a fair opportunity competition under the RS3 multiple award IDIQ, task order W91CRB-20-F-0013 was awarded to Janus Research Group, LLC (Small Business). As depicted in the Tables above on the current performance timeline, the ten-month option year 4 PoP ends 21 January 2025 and, upon exercise, a final two-month, transition-out option CLIN will exhaust all current performance under task order W91CRB-20-F-0013. Actions to recompete this requirement under a long-term task order are occurring as shown below in Table 4. Awarding a period of performance extension to the current contractor is necessary to ensure uninterrupted performance of mission critical SETA services to PEO Soldier HQ under task order W91CRB-20-F-0013.

The reason for this extension request is due to unexpected and unavoidable delays experienced during the current SETA task order recompete process. The factors influencing this delay are (1) implementation of a novel approach initiative to a streamlined solicitation process which used a 3-phase evaluation approach utilizing oral presentations, to down-select to the offerors whose proposals were rated “satisfactory confidence” or “high confidence” for the Staffing and Management approach evaluation sub-factor, prior to formal proposal submission, and provision for additional time to incorporate lessons learned from a similarly competed SETA effort; (2) parallel procurement workloads between this effort and a second similar SETA recompete effort, which have award timelines that are offset by only a week and are being managed by already constrained contracting resources; and (3) extensive delays created during the evaluation phase generated by use of less seasoned evaluators on the source selection team.

Based on time alone, it is not feasible or logical to attempt to solicit and award a fully competed fair opportunity for an up-to three (3)-month task order. Attempting to do so would cause a significant disruption in provision of services and result in duplicative costs of transitioning personnel on and off task orders.

Table 4. Milestones for Award of PEO Soldier HQ SETA Recompete Request for Information Issued Issued 25 OCT 23 Solicitation Issued Issued 06 MAY 24 under RS3-24-0006 Phase I (Transition-in Plan and Human Capital & Mission Accomplishment Completed 15 OCT 24

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Phase II Oral presentations of Staffing & Management Approach Completed 16 OCT 24 Phase III:

(1) Invitations sent to offerors Completed 16 OCT 24

(2) Proposal submission (cost volume, key personnel

& resumes, property management plan & small business participation Received volumes 31 OCT 24

(3) Evaluations Completed Estimated 06 JAN 2025 – FEB 2025 Prepare initial POM/PNM, Task Order Decision Document complete, interchanged conducted if necessary Estimated 15 MAR 2025 COCO Peer Review Estimated 31 MAR 2025 Legal Review Estimated 14 APR 2025 Award of Task Order Estimated 17 APR 2025

Historically, on average, RS3 Multiple-award IDIQ awards competitively executed under $25M, for the type of services required for this action, would need approximately ~115 calendar days from receipt of the Acquisition Requirements Package (ARP) to award, as shown below:

(1) ARP Review- estimated ~20 calendar days

(2) Receipt of Proposal – estimated ~30 calendar days

(3) Evaluation of Proposals - estimated ~30 calendar days based on number of proposals received.

(4) Discussions and Evaluation Addendums - estimated ~25 calendar days

(5) Award Decision - estimated ~10 calendar days.

As a result, an estimated 100–115-day interruption in services would be expected if the Government were to attempt to re-compete and award a shorter-term task order versus executing the subject extension to the PoP and associated ceiling.

Attempting to introduce another vendor would not be an economical or efficient course of action and would definitely lead to an unacceptable break in service. Janus Research Corp, LLC (Janus) currently has its resources in place and is performing to meet the needs of the Government. At this point in time, between the end of the current SETA task order and the upcoming recompete award, Janus is the only contractor with the instantaneous capability (knowledge and understanding of current work performance) to provide the continuous SETA support necessary to ensure uninterrupted services while the award of the recompete is finalized.

The support provided by Janus under the current SETA Task Order, which would be disrupted by a lapse, include Engineering, Operations, Property Accountability, Business Management, Cybersecurity, International Program, Acquisition Logistics, Information Management/Information Technology, and Administrative. There are 63 full-time contractor employees supporting missions for PEO Soldier HQ and the 5 primary

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Page | 8 directorates: Acquisition & Enterprise Support, Resource Management, Operations, Product Support Manager, and Assistant PEO Futures & Integration. Their functions in support of the PEO Soldier mission involve the acquisition of Soldier weapons, night vision equipment, uniforms, and Soldier protective equipment including helmets and body armor. Specific areas of support include acquisition, logistics, engineering, operations, cyber security, graphics, and quality assurance.

A lapse in SETA services will have significant, unacceptable impacts to PEO Soldier HQs. If the services are not continued via a bridge contract modification action to the incumbent, currently performing contractor, Janus, PEO Soldier will likely experience the far-reaching impacts in their ability to equip Soldiers with products that provide critical protection and increase lethality, mobility, and survivability.

6. Efforts to Obtain Competition: According FAR exception 5.202(a)(6), a notice for this proposed action is not necessary as the proposed task order action is an order placed under subpart 16.5. However, in accordance with 16.505(b)(2)(ii)(D), a notice in accordance with FAR 5.301 will be published and will make this justification publicly available.

a. Effective competition. Effective competition, either limited, or full and open is not expected for this subject action. However, competition requirements will be met as the follow-on competitive award process is currently underway with an anticipated award date in FY25Q3 under solicitation RS3-24-0006.

b. Subcontracting competition. Janus Research Group, LLC is considered a small business under RS3 contract W15P7T-19-D-0068 and an acceptable Small Business Participation Plan is incorporated into the contract award. In addition, Small Business Participation Plans were required for the solicitation (i.e., RS3-19- R-0057) under which task order W91CRB-20-F-0013 was awarded and, Janus’s Small Business Participation Plan is also incorporated under this award. Any subcontracting clauses from the base RS3 contract, such as FAR 52.219-8 Utilization of Small Business Concerns, and 52.244-5 Competition in Subcontracting that are applicable to the resulting award will be enforced.

7. Actions to Increase Competition: The subject SETA support services are currently being competed on solicitation RS3-24-0006, which has garnered significant competitive interest. However, no effort is being made to increase competition for this immediate effort since this is a bridge modification for up-to three (3) months of continued work performance by the incumbent, while the final steps to competitively award the renewal task order contract are conducted.

This immediate requirement is intended to provide continuity of services while the follow-on task order to W91CRB-20-F-0013 is competed and awarded. To prevent a break in services, the Government requires Janus Research Group, LLC to continue to provide an uninterrupted level of the critical services required during the extended period of performance. Thus, the Government is unable to recompete or

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Page | 9 break out components of the PWS for issuance as separate competitive actions.

Additionally, as discussed in previous areas of this document, any other alternative will cause an unacceptable and significant break in services, resulting in failure of PEO Soldier HQ to successfully conduct time critical work.

8. Market Research: Separate market research specifically targeted toward this request for a short-term extension to the period of performance was not conducted due to the fact that transition-in and -out period required to onboard another contractor would exceed the 3-months being requested for this action. Again clause 52.217-8 Option to Extend Services was included in the task order. However, since options related to clause 52.217-8 were not priced, evaluated, and included during the task order competition, justification for other than full and open competition is being sought under the authority of FAR 16.505 (b)(2) Exceptions to the fair opportunity process and, bilateral agreement with the contractor will be negotiated to continue the subject services.

Based on the current level of progress accomplished towards awarding the re-compete, PEO Soldier HQ SETA services contract, it is currently known that multiple RS3 vendors are interested in performing the long-term replacement task order. However, no other vendor would be able to successfully transition-in and perform the up to three (3) month extension to the period of performance as previously discussed in paragraph 5.

9. Other Facts:

a. Procurement History: Since 2006, 86% of the procurement actions for SETA support type services have been competitively awarded, as documented by the following procurement history:

(i) Task Order W15P7T-19-D-0068, W91CRB-20-F-0013 was competitively awarded to Janus Research Group, LLC. (Small Business) in October 2019. After multiple protests by the incumbent, performance of this task order began in March 2020.

This single award, Cost Plus Fixed Fee (CPFF)/Cost Task Order was for one base year with four option years and under the unmodified PoP timeline will exhaust all available ceiling and PoP in March 2025.

(ii) Contract W91CRB-15-C-0035 was competitively awarded to NCI, Inc. (Large

Business) in August 2015. This single award, CPFF contract was for one base year with four option years. This contract provided both SETA and Logistics services.

(iii) Contract W91CRB-12-C-0058 was competitively awarded to NCI (Large

Business) in August 2012. This single award, CPFF contract was for one base year with two option years and expired 27 Sep 2015.

(iv) Contract W91CRB-12-C-0013 was competitively awarded to Jacobs (Large

Business) in February 2012 for SETA support. This single award, CPFF contract was

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Page | 10 for one base year with two option years and expired 2 Feb 2015. A six-month extension was granted to allow for the follow-on contract to be awarded.

(v) Contracts W91CRB-11-C-0074 and W91CRB-11-C-0076 were awarded to

Engility and NCI respectively on 24 March 2011, on a sole source basis, as a bridge to transition the efforts to Cost-Plus-Fixed Fee (CPFF) until new contracts could be competed and awarded. Both contracts covered SETA and Logistics.

(vi) IDIQ Contract W91CRB-07-D-0014 was competitively awarded to NCI (Large

Business) on a Time & Materials (T&M) basis to procure both SETA and Logistics services.

(vii) IDIQ Contract W91CRB-06-D-0037 was competitively awarded to Engility

Corporation (Large Business) on a T&M basis to procure both SETA and Logistics services.

b. Other Facts. No other facts are applicable.

10. 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:

Contracting Officer’s Representative PEO Soldier Headquarters - RMD

11. 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:

Director PEO Soldier Headquarters - RMD

Date: 2025.01.14 09:37:03 -05'00'

Date: 2025.01.14 09:16:48 -08'00'

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12. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable as it is anticipated that the current contractor will agree to the Government extending the period of performance utilizing the existing Option Year 4 rates. Otherwise, a determination will be made using cost and price analysis techniques outlined in FAR 15.404-1, as applicable and as needed. Certified Cost & Pricing Data will be required if the Contractor does not agree to utilizing the existing rates already established for the current performance year.

____________________________ Date:

Lisa J. Yamakawa Contracting Officer – ACC-APG

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

______________ _____ Date:

Lisa J. Yamakawa Contracting Officer – ACC-APG

Date: 2025.01.14 13:53:47 -05'00'

Date: 2025.01.14 13:54:09 -05'00'

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Approval

Based on the foregoing justification, I hereby approve the award of a modification to increase the period of performance of task order W15P7T-19-D-0068-W91CRB-20-F- 0013 for PEO Soldier HQ SETA Support Services for three (3) months, in the estimated value of This request is approved on an other than full and open competition basis pursuant to the authority of 10 U.S.C 3406(c)(3) as implemented in FAR 16.505(b)(2)(i)(C), the order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

_ ________________ Date:

Command Advocate for Competition

Date: 2025.01.14 15:31:39 -05'00'