A03_JA_Redact__w15p7t-12-D-E003_0001_40.pdf

JA-E-17-102

Contractor: Sotera Defense Solutions, Inc.

Supply/Service: Worldwide Intelligence (INTEL) Systems Field Software Engineering Support

JUSTIFICATION REVIEW DOCUMENT

FAR PART 16 EXCEPTION TO FAIR OPPORTUNITY (EFO) JUSTIFICATION

For Actions Exceeding the Simplified Acquisition Threshold (SAT)

Supply/Service: Strategic Services Sourcing (S3) task order for services supporting the Software Engineering Center (SEC) Worldwide Intelligence Systems Field Software Engineering Support

Authority: 10 U.S.C. 2304c(b)(1) as implemented by FAR Part 16.505(b)(2)(i)(A) – The order must be issued on a sole-source basis as the need for the services is so urgent that providing a fair opportunity would result in unacceptable delays.

Amount: $21,630,234.00

Prepared by: Gera McCarty Contracting Officer’s Representative Email: gera.l.mccarty.civ@mail.mil Date: 14 November 2016

Phone: 520-220-8430

Contracting Officer: Kandi A. McDonald Contracting Officer Email: kandi.a.mcdonald.civ@mail.mil Date: 17 November 2016

Phone: 443-861-4869

Technical: Gera McCarty Contracting Officer’s Representative Email: gera.l.mccarty.civ@mail.mil Date: 14 November 2016

Phone: 520-220-8430

Requirements: William Buttner Chief Customer Support Branch Email: william.g.buttner.civ@mail.mil Date: 17 November 2016

Phone: 443-861-3080

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

Program Manager:

Typed Name: William Buttner Phone: 443-861-3080

Signature: Date:

Special Competition Advocate:

Typed Name: Cynthia Jackson Phone: 443-861-4344

JACKSON.CYNTHIA.A.1257435926

Digitally signed by JACKSON.CYNTHIA.A.1257435926 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=JACKSON.CYNTHIA.A.1257435926 Date: 2016.12.02 14:57:57 -05'00' Signature: Date:

mailto:gera.l.mccarty.civ@mail.mil mailto:kandi.a.mcdonald.civ@mail.mil mailto:gera.l.mccarty.civ@mail.mil mailto:william.g.buttner.civ@mail.mil

Supply/Service: Worldwide Intelligence (INTEL)

Date: 2016.12.02 14:51:17 -05'00'

Legal Counsel:

Typed Name: Richard Bechtel Phone: (443) 861-5225

BECHTEL.RICHAR

Digitally signed by

BECHTEL.RICHARD.A.II.1454179540

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, 2 December 2016

Signature: D.A.II.1454179540 ou=USA, cn=BECHTEL.RICHARD.A.II.1454179540 Date:

Supply/Service: Worldwide Intelligence (INTEL)

Justification for an Exception to Fair Opportunity

1. Contracting Activity: ACC-APG Division E (W56JSR), 6001 Combat Dr., APG, MD 21005

2. Description of Action: Approval is requested to waive competition of Task Order (TO) W15P7T-12-D-E003-0001 to extend the period of performance and increase the overall task order ceiling pursuant to FAR 16.505(b)(2). The proposed action is to issue a Cost-Plus-Fixed Fee (CPFF) Term / Cost Reimbursement (CR) Modification 40 to extend the current Strategic Services Sourcing (S3) task order for services supporting the Software Engineering Center (SEC) Worldwide Intelligence Systems Field Software Engineering Support.

The purpose of this modification is to increase the estimated cost of the existing task order extension period by $21,630,234.00 (Labor: $19,152,238.00; ODCs: $1,652,789.00; Travel: $825,208.00), and to extend the period of performance (POP) end date to 31 May 2017. The extended period of performance will be funded with Fiscal Year (FY) 17 Operations and Maintenance Appropriations (OMA) type funds.

The estimate reflects the current Level of Effort (LOE) for this POP as well as the existing burn-rate per month, and lastly takes into account, the 60-day transition period and GFE transfer.

The Government requests an extension to the current TO W15P7T-12-D-E003-0001 awarded to Sotera Defense Solutions, Inc. on 28 February 2014. The last option period, on this task order is Option Extension II which expires 15 December 2016. The extension request is due to a post-award protest filed on 24 October 2016 by incumbent contractor Sotera Defense Solutions, Inc. who has protested the award of the follow-on TO W15P7T-12-D-E005-KX04 awarded to Mantech Advanced Systems International, Inc.

(MASI), on 23 September 2016. The additional period of performance on current TO W15P7T-12-D- E003-0001 is needed to resolve first the protest and then to allow for a contractual 60-day transition period on follow-on TO W15P7T-12-D-E005-KX04 to ensure uninterrupted support for all efforts that have begun under TO W15P7T-12-D-E003-0001 until the protest is resolved. The Government anticipates a decision from Government Accountability Office (GAO) by 6 March 2017. If the protest is resolved by 6 March 2017, additional time is needed for transition activities which are vital in order to provide continuity of operations, thus reducing overall operational impact during transition between contractors.

The Government anticipates the 60-day transition period will be complete by 31 May 2017.

3. Description of Supplies/Services: This requirement will provide SEC with on-site Field Software Engineering (FSE) support for Warfighters utilizing many of the systems sustained by SEC. Currently, TO 0001 provides approximately 248 FSE personnel worldwide to support Worldwide Intelligence (INTEL). The FSEs’ primary role is in providing technical advice on the technical capabilities of the systems, training to soldiers that were not previously trained, troubleshooting of the systems, and lead services in supporting initial fielding services. FSEs are the primary means to assist soldiers in understanding the introductions of next iterations of the system's releases. SEC’s family of systems that are supported in the field are the following systems: (DCGS-A (Mobile) Family of Systems (FoS);

IPC(v)1 – Intelligence Processing Center (v)1; IPC(v)2 – Intelligence Processing Center (v)2; TGS – Ground Station, Tactical Intelligence; CHARCS – Counterintelligence Human Intelligence Automated Reporting and Collection System; ENFIRE – Instrument Set, Reconnaissance and Surveying; Prophet;

DCGS-A (Fixed) Family of Systems (FoS); OGS – Ground Station, Operational Intelligence; Counter- Improvised Explosive Device).

4. Authority Cited: 10 U.S.C. 2304c(b)(1) as implemented by Federal Acquisition Regulation (FAR) section 16.505(b)(2)(i)(A) – The order will be issued on a sole-source basis as the need for the services is so urgent that providing a fair opportunity would result in unacceptable delays.

Supply/Service: Worldwide Intelligence (INTEL)

5. Reason for Authority Cited: The proposed source is Sotera Defense Solutions, Inc. 2121 Cooperative Way, Suite 400, Herndon, VA 20171-5393. Sotera Defense Solutions, Inc. is currently performing critical SEC Worldwide Field Support (Intel) Software Engineering and Sustainment Services under competitively awarded Contract Number W15P7T-12-D-E003-0001. Sotera Defense Solutions, Inc.

has the knowledge, experience, resources, and personnel with the required skills and certifications immediately available to transition this task order. Due to the size and complexity of this program, the incumbent contractor’s historical knowledge of the Worldwide Field Support (Intel) program, and an evaluation of transition time needed between vendors, SEC in collaboration with ACC-APG, decided that an extension to 31 May 2017 is required until the protest is resolved. It is estimated that the time required to conduct a limited competition for these interim services would result in an unacceptable break in these mission-critical services with negative impact to the Warfighter. Based on historical data, it is estimated that a minimum of six to eight (6-8) months would be required to conduct a competitive effort for interim services with any resultant contractual ordering period covering less than one year. Although other sources have the capability to perform this work, there is no other source other than the incumbent contractor that can perform the work and be ready to perform by 15 December 2016 which is when the current effort W15P7T-12-D-E003-0001 expires.

W15P7T-12-D-E003-0001 supports tactical Army units around the globe with approximately 248 technical professionals providing software field maintenance, over-the-shoulder training, technical advice, and assistance to soldier operators for all supported systems on this task order. SEC’s family of systems that are supported on this task order are the following systems (DCGS-A (Mobile) Family of Systems (FoS);

IPC(v)1 – Intelligence Processing Center (v)1; IPC(v)2 – Intelligence Processing Center (v)2; TGS

– Ground Station, Tactical Intelligence; CHARCS – Counterintelligence Human Intelligence Automated Reporting and Collection System; ENFIRE – Instrument Set, Reconnaissance and Surveying; Prophet;

DCGS-A (Fixed) Family of Systems (FoS); OGS – Ground Station, Operational Intelligence; Counter- Improvised Explosive Device). These technical professionals ensure tactical C4ISR systems critical to battlefield success remain operationally ready in all current contingency and combat environments, such as Operation Freedom Sentinel (OFS). Without this critical tactical and operational intelligence collection and analysis capability, units in combat will be unable to collect and analyze local and nation-level intelligence information. This will result in a lack of awareness of enemy activity in hostile locations and a significant increase in the risk of loss of life for US combat forces.

Milestones:

Current TO W15P7T-12-D-E003-0001 Expires 15 December 2016

Initial GAO Protest Decision Due 1 February 2017 for Follow-on TO W15P7T-12-D-E005-KX04

Supplemental GAO Protest Decision Due 6 March 2017 for Follow-on TO W15P7T-12-D-E005-KX04

60-Day Transition by 6 May 2017

Add 25 days to end contract extension on 31 May 2017 so Field Support TO W15P7T-12-D-E003-0001 and TO W15P7T-12-D-E005-KX01 end on the same day.

Note: TO W15P7T-12-D-E005-KX04 is the follow-on replacement TO for both efforts listed above.

6. Actions to Increase Competition: The follow-on effort was solicited on a fair opportunity basis under solicitation SSESR-2055 to all of the multiple award contract holders. The task order W15P7T-12- D-E005-KX04 was awarded on 23 September 2016 to MASI. Sotera Defense Solutions, Inc. protested to

Supply/Service: Worldwide Intelligence (INTEL)

GAO on 24 October 2016. As a result, the work under task order W15P7T-12-D-E005-KX04 is suspended until protest resolution. A supplemental Protest was also filed by Sotera Defense Solutions, Inc. on 25 November 2016.

7. Market Research: On 17 November 2016, the ACC-APG Contracting Officer performed market research. During the market research assessment, sources under the NexGen IDIQ contracts were considered since all of the firms under the NexGen multiple award contracts have been deemed capable to perform the required services under the base contracts. However, the NexGen contract at Performance Work Statement Paragraph (PWS) 3.2.1.9 requires a 60-day transition period for cases when incumbent contractor does not win the follow-on effort. This transition period allows the prior contractor to brief and train the incoming contractor on current on-going projects and procedures and allows the incoming contractor to observe the current projects and procedures to ensure a seamless transition from one contractor to the next. In cases, where the incumbent wins the follow-on effort the transition period is needed to reprocess Common Access Cards (CAC) and Status of Forces Agreement (SOFA) from one contract to the next contract.

Based on the ACC-APG Contracting Officer’s expert knowledge, no other source on NexGen or any other source other than the incumbent contractor would be capable of performing the required services by the current task order’s expiration date of 15 December 2016. It would not be possible for any other source to provide the contractual 60-day transition period and to complete the already-in-progress fair opportunity task order without a break in service.

8. Other Facts: N/A

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.

Date:

Gera McCarty COR, Field Support Division

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.

William Buttner Chief, Customer Support Branch

11. 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, price analysis, and comparison to the IGCE. As a part of this basis, certified cost or pricing data will be required.

Supply/Service: Worldwide Intelligence (INTEL)

Kandi A. McDonald Contracting Officer

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

Kandi A. McDonald Contracting Officer

Approval

Based on the foregoing justification, I hereby approve task order extension to 31 May 2017 for the procurement of Worldwide Intelligence (INTEL) Systems Field Software Engineering Support for a total value of $21,630,234.00 for CECOM SEC Operations Directorate using an exception to fair opportunity pursuant to the authority of FAR 16.505(b)(2)(i)(A), subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition.

If the proposed contract action is not completed within 180 days from the date below or if there is a change to the substance of this Exception to Fair Opportunity that does not meet the AFARS 5106.303-1-90 conditions for an amended J&A, the Contracting Officer shall document these changes in a memorandum for file and obtain revalidation from the approval authority below.

Bryon J. Young Principle Assistant for Contracting