A03_W15P7T13DE015-KX01_JA__Redacted.pdf

Control No: JA-18-E-511 Contractor: Nexagen Networks, Inc.

Service: Ground Airborne Intelligence Surveillance and Reconnaissance

JUSTIFICATION REVIEW DOCUMENT

FAR PART 16 EXCEPTION TO FAIR OPPORTUNITY (EFO) JUSTIFICATION

For Actions Exceeding the Simplified Acquisition Threshold (SAT)

Program/Service: Communications-Electronics Command (CECOM) Software Engineering Center (SEC), Intelligence, Electronic Warfare, & Sensor Directorate (IEWS) Lifecycle Sustainment for Post Production Software Systems (Directorate Sensors and Mission Division

(SMED))

Authority: 10 U.S.C. 2304c(b)(3) as implemented by FAR 16.505(b)(2)(i)(c) The order must be issued 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: $1,968,647.63

Prepared by: Jerome Vauthrin Contract Analyst

Date:

Contracting Officer: Sonia Nance Contracting Officer

Date:

Technical: Rene Franco Task Order Manager

Date:

Requirements: Rhandi Lawrence ASSB Branch Chief

Date:

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

Legal Counsel:

Typed Name: William J. Wrabley III

FAR Part 16 Exception to Fair Opportunity Justification Under Multiple Award Indefinite Delivery Contracts

For Actions Exceeding the Simplified Acquisition Threshold (SAT)

1. Contracting Activity: Army Contracting Command-Aberdeen Proving Ground (ACC-APG) Division E 6565 Surveillance Loop Road, Building 6001 Aberdeen Proving Ground, MD 21005

2. Description of Action: The purpose of this action is to extend the period of performance of a Cost-Plus-Fixed-Fee (CPFF) Term, Task Order W15P7T-13-D-E015 KX01 supporting the SEC. The value of this action is $1,968,647.63 with an estimated fee of $98,395.03. The contractor is Nexagen Networks, Inc. of 7 American Way, Marlboro, NJ 07746-2532. The Government projects award for 13 August 2018. The extension will use fiscal year 2019-2020

. This action is to extend the Period of Performance (PoP) by an addition of twelve (12) months from 13 August 2018 to 12 August 2019 with an option period of 79 days from 13 August 2019 to 30 October 2019 a total of 444 days.

An acquisition plan is not needed for this Task Order since the plan was approved at the solicitation phase of the multiple-award Software and System Engineering Services (SSES) Next Generation (NexGen) Indefinite Delivery and Indefinite quantity (IDIQ).

3. Description of Supplies/Services: The W15P7T-13-D-E015 KX01 SSES NexGen Task Order provides Engineering and Technical Support services to Ground Airborne Intelligence Surveillance and Reconnaissance (AISR) Domain of the CECOM SEC Intelligence, Electronic Warfare & Sensors Directorate (IEWSD), Aerial & Terrestrial Sensors/Mission Equipment Support Division, and Aerial Sensor Branch (ASB). The services are Post Production Software Support (PPSS) / Post Deployment Software Support (PDSS) for the Distributed Common Ground System - Army (DCGS-A) Operational Intelligence Ground Station (OGS) Secret Internet Protocol Router Network (SIPRNET) baseline. This will include installation, integration, test, and validation support for DCGS-A common software baseline, Project Manager Sensors Aerial Intelligence (PM SAI) software baselines, DCGS-A OGS specific software at Aberdeen Proving Ground (APG) labs and DCGS-A OGS field sites. The services will enable the platforms (Information Assurance Support for the DCGS-A OGS SIPRNET baseline and APG labs that support the Aerial Consolidation Branch (ACB), Test Bed and System Administration Support in software labs) to continue to utilize both National Security Agency (NSA) net and SIPRNET as the backbone with which the system disseminates collected intelligence. A requirement of this contract is that the Operational Intelligence Ground Station (OGS) integrates existing DCGS-A Program of Record (POR) systems into a single readily deployable S-280 Shelter and provides a common multi-INT Processing, Exploitation, and Dissemination (PED) that supports current and future Army Airborne ISR platforms. It provides the soldier at the Corps-level and Army Exploitation Battalion (AEB) an increased integrated capability with access to five networks NSA, Joint Worldwide Intelligent Communications System (JWICS), Secret Internet Protocol Router (SIPR), Nonsecure Internet Protocol Router (NIPR) & Coalition using common software baselines which include Guardrail Common Sensor (GRCS), EMARSS ground and DCGS-A V3 software. The OGS Shelters provide a common PED for current and future Army Airborne ISR platforms. The tasks to be performed remain the same between the current performance and performance required for the twelve (12) month extension and 79 day option period, so there are no changes to the existing Performance Work Statement (PWS). This support does not include making changes to software that is part of the DCGS-A common software baseline or any PM SAI sensor software and is limited to software updates for items specific to the DCGS-A OGS.

The labor hours for the total extension period is estimated to require 18,240 labor hours and 3,999 hours for the 79 day option. Core activities of the requirement include:

System and SW Acquisition Support Support to SEC SW Support Environments and Facilities and PPSS and PDSS System and Software (SW) Acquisition Support Support to SEC SW Support Environments and Facilities and PPSS and PDSS System Integration and Exercise Support Cyber Security, (Information Assurance) IA and SW Assurance Virtualization Support Software Configuration Management (SCM)

The periods of performance and associated values for the Task Order, including the extension period are:

Extension (13 Aug 2018) to (12 Aug 2019) Value: $1,574,918.10 Extension Option (13 Aug 2019) to (30 Oct 2019) Value $ 393,729.53

The total estimated value of the J&A is $1,968,647.63. The independent Government Cost Estimate (IGCE) for the twelve (12) month extension and 79 day option (444 days) was derived

$1,968,647.63 will increase the total order value to

4. Authority Cited: 10 U.S.C. 2304c(b)(3) as implemented by FAR 16.505(b)(2)(ii)(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: This Justification for an Exception to Fair Opportunity IAW FAR 16.505(b)(2)(ii)(C) is requested because it is the logical follow-on in scope, economy, and objectivity. The extension modification is required to maintain continuity of essential services provided under the current W15P7T-13-D-E015 Task Order KX01.If this requirement is not performed, the latest airborne Multi-Intelligence asset developed by the Army will be without software support. The integrity of the surveillance equipment would be at risk of compromise, thereby putting harm onto the US Army's surveillance capability and superiority in these domains. Software maintenance for these systems and sensors is needed to ensure that they remain relevant and are able to detect the latest communications systems for the Warfighter.

This service ensures that US Army's surveillance superiority in the air, land and maritime domains are maintained through the maintenance of the software solutions that operate the responsibility to another contractor at this time would cause an unacceptable delay to SEC and customer efforts. If the contracted services are not provided, Ground Airborne ISR Software Mission support for Post Production Software Support/Post Deployment Software Support (PPSS/PDSS), to include installation, integration, test, and validation, of the Distributed Common Ground System - Army (DCGS-A) OGS Secret Internet Protocol Router Network (SIPRNET) baseline, the Army or end users would be adversely impacted. This will translate in decreased operational readiness of forces due to outdated mission software failing to correctly identify and communicate threats. The software in the embedded sensor and the ground control software are subsystems that will be hindered if there is a break in service. In addition, without service the system will not be able to receive ma which could have the system removed from its operational network. In turn, this will negatively the potential loss of life.

The services will enable the platforms to continue to utilize both National Security Agency (NSA) net and SIPRNET as the backbone with which the system disseminates collected intelligence.

The necessity for the extension is a result of changes in the number and types of systems requiring support, a change in the contracting strategy, and a change in the overall approach to contracting for domain based support rather than platform specific support in an effort to combine contract efforts (to decrease contract administration and provide cost savings). The four (4) contractor efforts of AISR, GRCS, EMARSS, and Terrestrial Sensors Branch (TSB) are aligning with the end state of all be contained in one

(1) Consolidated Aerial Sensors Task Order (SSESR-2090). It is vitally important to note that the efforts of the 4) are not independent efforts but rather a collaboration between SEC SMED and the contractor(s) in support of SEC SMED mission performance. The Aerial Sensors Consolidation is a result of maturation of the NexGen contract. The scope of the 4 efforts are closely associated and will become congruent as one vehicle of knowledgeable and skillful project management; professional and technical support; system and software requirements development and management; software development; software sustainment;

software/information assurance and, administrative support. All of the 4 separate efforts have closely associated skills and knowledge in software engineering and specific functional areas, business applications, financial management, and logistics and will consolidate with a result of the requiring activity becoming more efficient, easier surveillance, fiscal responsibility, and the Warriors mission success. In the ever-changing world of software advances, upgrades, and cyber-security concerns the Aerial Sensors Consolidation will ensure all work under this contract shall comply uniformly with the latest version of all applicable standards.

The reason that the extension and option is needed is that this task order must have a period of performance and expiration date that coincides with the three other related task orders that will be part of the Aerial Sensors Consolidated Task Order (SSESR-2090). The consolidated task order will result in economies of scales. The Task Order will currently expire on 12 August 2018.

Award of a follow-on contract vehicle that will combine this effort with three other related efforts is planned for August 2019.

A competitive follow-on effort is in progress that will combine this effort with three other related efforts into one contract action. It will be solicited on a fair opportunity basis to all NexGen contract holders. These other efforts are the Guardrail Common Sensor (GRCS) Family of Systems and subsystems, contract W15P7T-12-D-E009-KX05, the Enhanced Medium Altitude Reconnaissance Surveillance System (EMARSS), task order W15P7T-12-D-E007-KX01, and the inclusion of Terrestrial Sensor Branch (TSB) W15P7T-12-D-E001 KX06. It was determined with the assistance of the contracting office that economies of scale could be achieved by consolidating them into one task order. The new effort will be Aerial Sensors Support.

The Aerial Sensors effort will provide three major areas of support to SEC. The TSB is responsible for three (3) Sensors Systems: Long-Range Advanced Scout Surveillance System (LRAS3), Biometric Automated Toolset Army (BAT-A), and Persistent Surveillance System Tethered (PSS-T). The contracted support in sustaining the sensor for these sensors is an contracted support is for the Aerial Sensors Software Branch (ASSB) which is responsible for the Guardrail, EMARSS, TSP, ARL-E, and Starlite providing support to the Aerial Sensors Suite of Systems. These systems provide aerial field reconnaissance data to the field commanders which allows them to make tactical decisions for the troops deployed in the field.

The requirement was previously competed under solicitation SSESR-0107, which yielded six (6) proposal submissions and an award of the current task order W15P7T-13-D-E015 KX01 on 13 February 2015. The original intent was to solicit the new effort for an award date of 31 March 2018. Variations in the number of systems entering and exiting sustainment have caused delays

These changes occurred in March 2017 and resulted in the need for additional market research mentioned below. The Government increased the term of the contract from a base year and two option years, to a base year and four option years in October 2017. Additionally, the Government altered its acquisition approach starting in the second quarter of 2017 by consolidating its software sustainment efforts into fewer contract vehicles which caused a delay to the follow on award. Consequently, SSESR-2090 was updated and realigned to include systems coming into sustainment during the two additional option years. During the time from October 2017 to May 2018 the Government evaluated and selected like efforts that were part of the addition two year options which were added to the base contract. Further discussion was held for the labor hours required for the extension during late May 2018 since the scope of work is defined in general terms and obligates the contractor to devote a specified level of effort for a stated time. The addition of domain related systems will allow the Government to take advantage of management efficiencies to leverage resources within multiple functions that are common across the domain and can be implemented and monitored across the domain. On 3 May 2018, the acquisition strategy was altered to support the inclusion of two additional systems and the overall approach to domain based support over platform specific support. Furthermore in May 2018, the SSESR -17-R-0109 solicitation required further revisions including updates to the IGCE level of effort, PWS, and System Descriptions. Evaluation Factors also needed to be developed and refined. Given the fore mentioned circumstances, the release of the solicitation has been delayed. The new effort will be solicited on a fair opportunity basis under SSESR-2090 to all NexGen contract holders.

Market research was completed December 22, 2017, as discussed in Paragraph 7:

Nexagen Networks, Inc. is currently performing Ground Airborne ISR Software Support under competitively awarded Task Order KX01. Nexagen Networks, as the incumbent contractor, currently has the necessary manpower, skills and direct familiarity with the requirement. It is anticipated that it will take 444 days to complete the new competition and align the POP on the subject contract and following task orders W15P7T-12-D-E007 KX01 and W15P7T-12-E009 KX05. All three Task orders will complete their transition plan phase out period on 30 October 2019. At that point the task orders will be consolidated into one contract action (SSESNG-17-R- 0109).

Interested vendors were ManTech Advanced Systems International, Inc. and the incumbent Nexagen Networks, Inc.

Mantech Advanced Systems International, Inc. demonstrated how it was able to retain most of the personnel working on three past contracts that it took over from another vendor. The retained personnel all had top secret level clearances. Should Mantech not be able to retain certain key personnel, it intends to extend letters of intent to qualified personnel and intends to be fully staffed by the end of the 60-day transition period. Mantech also describes the incentives it offers to retain personnel as well as qualified back up personnel. Mantech provided a list of efforts it supports under the Distributed Common Ground System - Army (DCGS-A). The current effort also provided technical aspects to the DCGS-A. While Mantech has technical knowledge to support efforts under the SSES NEXGEN contract vehicle, certain tasks will require specific skills that can be unique to the supported systems. While Mantech described how it has retained a high percent of personnel under three past contracts, these efforts appear to have been mostly related to IT support, Data Center management, or Network Management where personnel often stay on the projects as contractors change. These efforts also have more general skillsets and are not necessarily specialized, and are therefore more easily replaceable or easy to retain. It is also less likely for Mantech to hire from the incumbent personnel with the specialized knowledge and skillsets as the incumbent can redeploy their personnel to other related projects.

In addition, given the short contract period of one year, a transition to a new vendor will cause an unacceptable upheaval in production and mission support, which is might result in poor performance. The vendor's proposed transition plan in acquiring personnel with the necessary skills during the transition seems unrealistic.

As a result, the Government finds that Mantech's plan does not appear feasible, and results in unnecessary risk to the government.

Nexagen Networks, Inc.

has demonstrated that it has been able to retain key personnel and it has described how it will continue to retain personnel. It has also demonstrated the ability to work successfully and seamlessly with its partner, Engility. The incumbent has maintained schedule and has remained at or below cost. Nexagen Networks, Inc. has expressed interest in continuing to support the effort and it represents the lowest risk option to the government. Lastly, Nexagen Networks, Inc.

is an Economically Disadvantaged Women Owned Small Business (EDWOSB).

While ManTech Advanced Systems International, Inc. indicated interest in the effort, specific skills are required that are unique to OGS and its related systems. It is unlikely that ManTech would be able to staff the effort in the required timeframe based upon their proposed recruiting and staffing methods. This includes retaining personnel after contract award, the expectation that incumbent personnel will transition to the new contract, and contingent requisitions and letters of intent. In addition, transitioning to a new contractor would result in delays that would significantly impact the successful execution of this effort. However, the follow-on effort will be open to contractors such as ManTech so that there will be competition going forward. It is determined that Nexagen is the only contractor in our estimation who can perform this requirement without service interruption through the consolidation effort. No other vendors besides the two mentioned above expressed an interest in performing the services by the current task orders end date.

The anticipated schedule for the Follow-On Award is as follows:

ARP Package completion: 30 September 2018 Post Draft Solicitation: 01 October 2018 30 October 2018 Initial Questions: 15 October 2018 26 October 2018 Update Solicitation & Post Draft 2: 16 November 2018 Peer Review of Solicitation: 16 November 2018 14 December 2018 Post Final Solicitation: 19 December 2018 Proposal Submissions: 18 January 2019 Evaluations completed: 18 March 2019 Revised Proposal submissions (if required): 4 April 2019 Evaluation Addendums completed (if required): 16 May 2019 Discussions Completed (if required): 21 May 2019 Peer Review Complete: 30 July 2019 Anticipated Award: 1 August 2019 Transition Plan Phase in/out completion: 30 October 2019

Based on the circumstances described, Nexagen can reasonably and realistically provide the required services without an interruption of services. Without the support services provided it would jeopardize the safety and security of the Soldiers in deployed environments and other locations. This system is vital to the Warfighters mission success.

6. Actions to Increase Competition: The follow-on task order is scheduled for award in 1 August 2019. The consolidated task order will be solicited on a fair opportunity basis to SSES NexGen contract holders. The follow-on contract will have one (1) year base period and four (4) one-year option periods. A request for Information (RFI) was submitted on 26 October 2017 to the SSES NexGen vendors to determine the interest in the consolidated effort. Six vendors have responded to the RFI and expressed interest in the effort. This was followed by one-on-which were conducted in January 2018 to help the vendors better understand specific aspects of the combined requirement as well as for the government to solicit feedback on best approaches and strategy to some aspects of the combined effort.

7. Market Research: Market research was conducted 19-22 December 2017 with the contract holders of the SSES Unrestricted Suite. This research was in preparation of the solicitation SSESR -17-R-0109 as the requirements had changed. The purpose was to help determine the level of interest in the current existing effort. Of the 18 vendors under the SSES Unrestricted Suite, 11 responses were received. Nine vendors stated they would not be interested in pursuing the effort in its present form should it be made available. Two vendors, including the incumbent, expressed interest in continuing the effort; they also provided a description of how they would transition the effort and manage performance. The list below pursuing the subject solicitation:

VENDOR Responded Interested / Answered submitted questions

AASKI Technology Inc. Yes No

Adams Communications & Engineering Technology, Inc. (ACET)

Yes No

BAE Systems, Inc. No N/A

BANC3, Inc. No N/A

Blue Canopy Group Yes No

Booz Allen Hamilton, Inc. No N/A

CACI Yes No

CGI Federal No N/A

CSC Government Solutions, LLC Yes No

Engility Corporation No N/A

Leidos Yes No

Lockheed Martin Integrated Systems Yes No

ManTech Advanced Systems International, Inc.

Yes Yes

Nexagen Networks, Inc. Yes Yes

Northrup Grumman Yes No

Rivera Consulting Group, Inc. No N/A

Sotera Defense Solutions Yes No

It is determined that Nexagen is the only contractor in estimation who can perform this requirement without service interruption through the consolidation effort.

8. Other Facts:

a. Procurement History:

Task Order: W15P7T-13-D-E015-KX01 Contractor: Nexagen Networks, Inc.

Award Date: 13 February 2015 Period of Performance: 13 February 2015 12 August 2018 Competitive Status: Full and Open Competition within SSES NexGen Unrestricted Suite.

b. Follow-on Effort actions to date:

The acquisition requirements package is in progress and is expected to be completed by 30 September 2018.

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.

Name: Rhandi Lawrence Date:

Title: Branch Chief, SMED

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.

Name: Gary Clerie Date:

Title: Program Officer, SMED

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 part of this basis, certified cost or pricing data will be required.

Name: Sonia Nance Date:

Title: Contracting Officer

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

Name: Sonia Nance Date:

Title: Contracting Officer

Based on the foregoing justification, I hereby approve the procurement of Engineering and Technical Support services for CECOM SEC IEWSD, Ground Airborne ISR Software Support in the amount of $1,968,647.63 using an exception to fair opportunity pursuant to the authority of FAR Part 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 or supplies herein described have otherwise been authorized for acquisition.

Competition Advocate:

Typed Name: Cynthia Jackson Phone: (443) 861-5349 Signature: