Redacted JA BridgeContract_Redacted.pdf

Control Number: CCAM-J&A21-0735

FAR PART 6 JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND

OPEN COMPETITION

1. Contracting Activity: Department of the Army, Army Contracting Command - Redstone Arsenal (ACC-RSA), Directorate A (CCAM-CAB-A), 350 Vandenberg Street, Building 3, Peterson AFB, 80914.

Description of Action: JFCC IMD requests approval to award a sole source, contract for USSTRATCOM UCP-directed Title 10 responsibilities, on a Cost-Plus Fixed-Fee (CPFF) basis with PeopleTec, Incorporation, 4901 Corporate Drive North West, Suite I, Huntsville, AL 35805, . This is a bridge effort, as there have been unforeseeable delays in evaluating contractors’ proposals for Task Order (TO) W91260- 20-F-5006 (follow-on requirement to the Space and Missile Defense Advisory and Assistance Services SMDA2S contract) on the General Services Administration (GSA) One Acquisition Solution for Integrated Services (OASIS) contract. The Government projected award for this action was March 2021; however, the evaluation and award have been delayed due to numerous noncompliance submissions from all eleven OASIS prime and subcontractors. The contractors failed to provide required documents identified in the Task Order Request for Proposal (TORP); thus, the cost team could not determine the realistic costs of all proposals. The Ordering Contracting Officer has initiated interchanges with the Best Suited Offerors; however, the evaluation process is now estimated to extend until 1 May 2021.

Task Order 1601 was initially awarded under the SMDA2S Multiple Award Indefinite Delivery/Indefinite Quantity (MAIDIQ) contract, W91260-15-D-0003. The requiring activity, the United States Strategic Command (USSTRATCOM) Joint Functional Component Command for Integrated Missile Defense (JFCC IMD), requests approval to award a bridge contract to PeopleTec, Inc. to continue services and avoid a break in service.

The SMDA2S MAIDIQ was competitively awarded to four small businesses as follows:

W91260-15-D-0001 to CAE (formally known as Alpha-Omega Change Engineering, Inc.

[AOCE]); W91260-15-D-0002 to Boecore, Inc.; W91260-15-D-0003 to PeopleTec, Inc.;

and W91260-15-D-0004 to STS. All SMDA2S awardees were given fair opportunity to compete on the initial award of Task Order 1601. Given the current circumstances, fair opportunity for the additional requirements would have been provided to all SMDA2S awardees; however, the SMA2S contract ended 30 November 2020 and TO 1601’s POP will end on 26 March 2021. There is no contract vehicle remaining to extend services for two months; thus this Bridge Contract is required.

The contract will begin 27 March 2021 and end 30 April 2021 with a one-month option period available from 1 May 2021 to 31 May 2021 to allow time to complete the re-compete process.

2. Description of Supplies/Services: JFCC IMD Staff Support OASIS TO: The proposed task order will provide Advisory and Assistance (A&AS) support for Joint Functional Component Command for Integrated Missile Defense (JFCC IMD), in support of United States Strategic Command (USSTRATCOM) missile defense mission via System Engineering and Technical and Assistance Support (SETAS) GSA OASIS SB Program, which has evolved to be the critical source from which USASMDC and supported agencies by providing highly specialized scientific and technical services to support space, missile defense and defense advisory and assistance service requirements. The purpose of the TO is to provide Advisory and Assistance Services (A&AS) to support JFCC IMD requirements. This Performance Work Statement (PWS) defines the effort required to support JFCC IMD in executing its mission in support of the Secretary of Defense, Joint Staff, Uniformed Services, Combatant Commands (CCMDs), Missile Defense Agency (MDA), other Agencies, and Allied/Partner Nations. The objective of this effort is to provide missile defense mission area support for integrating and operationalizing missile defense capabilities to meet operational requirements. This effort includes the following task areas:

-Task Requirement 1: Administrative Services -Task Requirement 2: Security and Counterintelligence -Task Requirement 3: Operations Support -Task Requirement 4: Plans and Policy Support -Task Requirement 5: Exercises and Training -Task Requirement 6: Cyber Support -Task Requirement 7: Advocacy Support -Task Requirement 8: Test and Evaluation

3. Authority Cited: The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(c)(1). For the purposes of applying this subsection, refer to 10 U.S.C. 2304(d)(1)(B)(ii) as implemented by Federal Acquisition Regulation (FAR) 6.302-1(a)(2)(iii)(B) “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

4. Reason for Authority Cited: This Bridge Contract will be issued on a sole source basis to PeopleTec, Inc., as it is the only responsible source for supplies/services. The justification for an exception to fair opportunity is due to the unforeseen delay in the award of Task Order W91260-21-F-5006 on the GSA OASIS contract vehicle. Sufficient time is not available to award the new contract before the end of the current Period of Performance (PoP) of 26 March 2021. The only feasible option is to allow PeopleTec to continue performance on the Bridge Contract to meet the required delivery schedule.

Awarding this effort to any other source would also result in unacceptable delays in fulfilling the agency’s requirements. Transitioning this effort to another contractor would require a minimum of 30 days, if not longer, to allow time for the new team to fulfill training requirements, obtain CAC cards and building access badges, as well as the review/approval of key personnel. Furthermore, transitioning to another contractor for of the GSA OASIS contract pools. RS3 is an Army Contracting Command (ACC) Aberdeen Proving Ground, Multiple Award IDIQ which provides program management and procurement service for Command, Control, Communications, Computers, Combat Systems, Intelligence, Surveillance and Reconnaissance (C5ISR) and knowledge based professional engineering services. Primary service areas include but are not limited to Engineering; Research, Development, Test and Evaluation (RDT&E);

Logistics; Acquisition and Strategic Planning; Education and Training Services. The OASIS SB MAIDIQ contracts provide flexible and innovative solutions for complex professional services. It is anticipated that the predominance of the task orders will be competed under NAICS code 541715 Exception C or 541330 Exception A. Pool 3 supports NAICS code 541330 - Exception A - Engineering Services with the exception for Military and Aerospace Equipment and Military Weapon. Pool 3 at that time had 33 prime contractors. Additionally, all prime contractors have been previously evaluated/vetted prior to award and deemed capable of providing the types of services required in each pool. After exploring the possibilities, USASMDC/ARSTRAT and ACC-RSA senior leadership concluded OASIS to be the strategic source vehicle.

The extended market research in 2020 validated that a sufficient number of capable small business concerns exist to satisfy the current requirement utilizing the GSA OASIS SB Pools, specifically Pool 3 for this requirement. An assessment of current OASIS SB Pool 3 prime contractors confirms that these SB entities are capable sources to provide the non-personal services required. Based on the scope of the requirement, NACIS 541330 Exception A is identified as the most appropriate NACIS code and therefore OASIS SB Pool 3 was solicited for this requirement.

OASIS SB Pool 3 currently has 192 qualified vendors for solicitation comprised of various small business categories: 23 8As, 49 WOSB (at least 2 of which have done this type of work before), 7 Hub Zone, 47 SDVOSB, 17 VetBiz and the remaining 49 SB qualified vendors. Previous, similar A&S requirements were recently solicited within GSA OASIS Pool 3 with up to eight prime SB vendors submitting proposals with only 33-35 vendors in the pool, so the expectation is there will once again be adequate competition. The OCO determined it is in the best interest of the Government to solicit this requirement as a 100% women-owned small business set-aside. Future requirements will also consider specific category small business set-asides.

A commercial item/service is not being used to satisfy this requirement, as described in FAR Part 12. USASMDC is responsible for space and ground-based missile defense research and development (R&D) activities. The advisory and assistance services (A&AS) provide management and professional support, engineering and technical services, and studies, analyses and evaluations required to support R&D and operational activities which cannot be purchased on a commercial basis. Security clearances for individual employees are required to provide this support, yet are not typically required in commercial contracts. These requirements are not considered standard commercial business practices. The military-unique command, control and information assurance requirements require Government-specific solutions to satisfy support requirements. The services required to support these requirements do not meet the definition of commercial items as defined in FAR 2.101 and/or any subparagraphs in particular (i) Modifications and (ii) Minor Modifications; and therefore, are determined to be non- commercial services.

Based on the results of the above research, it is determined that this requirement CANNOT be met by commercial items, commercial items with customary or minor modifications, or non-developmental items. Further, a reevaluation has been made in accordance with FAR 10.002(b), and the Government requirement cannot be modified in a way that will allow a commercial item to meet the requirement. Based on the above, FAR Part 12 will not be used.

As a result of the aforementioned market research, as well as the competitive nature of the initial contract award, the current contractor is considered highly qualified to perform the effort during the one-month Bridge. Although several companies have been identified as eligible and capable of fulfilling the JFCC IMD effort, and thus also capable of performing the proposed Bridge, due to time constraints and the need for continuity of services, the best course of action is to write a Bridge Contract based on the same terms and conditions of the current Task Order W91260-16-D-0003-1601.

8. Interested Sources: Additional research (e.g., sources sought) was issued on 18 February 2021. No interested vendors replied to the synopsis.

9. Other Facts: This bridge action will be carried out via C type contract on an SF1155, which will be issued to the current contractor, PeopleTec, Incorporation, 4901 Corporate Drive North West, Suite I, Huntsville, AL 35805, .

PeopleTec Incorporation has been performing this effort for the past 5 years with exceptional performance. Based on their past performance, the current contractor will be able to provide the required services during this Bridge. The incumbent contractor will incur costs during the one-month Bridge and the potential additional one-month extension of services under FAR 52.217-9. The original price analysis clearly demonstrates that the contractor’s submission of estimated costs that will be incurred was found reasonable and realistic in comparison with prices that resulted from previous adequate price competition for the same services as well as Independent Government Estimate (IGE). The incumbent contractor has not experienced cost overruns over the life of the contract. The contractor’s accounting system that was used to establish and negotiate prices for the current contract had been determined to be adequate for performing cost type contracts.