EFO_W15P7T-12-D-E007-0001_8_MONTH_EXTENSION_Redacted.pdf

Control Number: JA-E-16-327

JUSTIFICATION REVIEW DOCUMENT

FAR PART 16 EXCEPTION TO FAIR OPPORTUNITY (EFO) JUSTIFICATION

For Actions Exceeding the Simplified Acquisition Threshold (SAT)

Supply/Service: Application Modernization and Content/Knowledge Management Support provides software engineering support in the development of Army/DoD Data, Content/Knowledge Management and Business Intelligence Solutions.

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: $10,548,040.62

Prepared by:

Contracting Officer’s Representative

Contracting Officer:

Contracting Officer

Technical:

Architecture and Data Services Branch Chief

Requirements:

Chief, Engineering Services Division (ESD)

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

Program Manager:

Legal Counsel:

Department of the Army FAR Part 16 Exception to Fair Opportunity (EFO) Justification

Under Multiple Award Indefinite Delivery Contracts For Actions Exceeding the Simplified Acquisition Threshold (SAT)

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

2. Description of Action: CECOM SEC Services Directorate, Engineering Services Division requests a modification to extend contract W15P7T-12-D-E007-0001 for an additional eight (8) months (four month base with two, two (2) month options) with Booz Allen Hamilton, 8283 Greensboro Dr., McLean, VA 22102. The Government projects award for 29 April 2016 and fiscal year 2016 and 2017 will be utilized to fund the options periods.

Executing this eight month extension will require a ceiling increase of $10,548,040.62:

$5,272,691.80 for the four month base period and $2,636,444.46 for next 2-month option period and a total of $2,638,904.32 for the last 2-month option period. All of the required ceiling increase will be funded using Operation and Maintenance, Army (OMA) funds.

An acquisition plan is not required because this is a task order under FAR Part 16.

3. Description of Supplies/Services: Provide Army G6 Strategic Initiatives Support, Data Centric Solutions, Sustainment of Test Tools, Life Cycle Development and Sustainment of Business Intelligence Systems, Development and Sustainment to the Army Net Centric Data Strategy (ANCDS) Center of Excellence (COE), and Coalition Interoperability. This shall be accomplished by using analytical, technical, software development and systems engineering services with the objective to provide a full range of data standards engineering, testing, and tools support from development through post production to ensure standards compliance is met and interoperability is maintained.

Application Modernization provides continuity of Mission Areas in Community of Interest (COI) Data Support, Data Engineering, Data Modeling, Configuration Management, Data Services Service Oriented Architecture (SOA), Data Validation Support, and Application Modernization.

Period of Performance: The government anticipates an 8-month extension from 30 April 2016 to 27 December 2016 consisting of a 4-month base period with 2 potential 2-month option periods with an anticipated award date of 29 April 2016. The first 4-month base period will cover the time to resolve the pre-award protest and make award of the new task order.

The next 2-month option period will cover the required 60-day transition period anticipated after award of the new task order. The last 2-month option period will cover a potential post- award protest. The Contracting Officer will only exercise needed options based on the outcome of the SSESR-2057 solicitation protest.

Total Value: $10,548,040.62

4. Authority Cited: 10 U.S.C. 2304c(b)(1) as implemented by FAR 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.

5. Reason for Authority Cited:

a. Task Order W15P7T-12-D-E007-0001 was awarded to Booz Allen Hamilton, Inc. 8283 Greensboro Dr. McLean, VA 22102-4904 on 27 September 2013, with a 12-month base period and one 12-month option period. Option period 1 (one) was exercised 28 September 2014. The task order also included Clause 52.217-8 “Option to Extend Services”. On 28 September 2015, the government subsequently exercised a six

(6) month contract extension pursuant to FAR clause 52.217-8 Option to Extend Services to prevent a break in service and allow adequate time to award the follow-on actions.

b. The follow-on procurement for this Task Order was planned as two separate task orders and these efforts were issued as task order solicitations SSESR 2051 and SSESR 2057. Solicitation SSESR-2051 covered the Content and Knowledge Management, and Portfolio Architecture Solution Services portion of the work and Solicitation SSESR-2057 covered Army G6 Strategic Initiatives Support, Data Centric Solutions, Sustainment of Test Tools, Life Cycle Development and Sustainment of Business Intelligence Systems, Development and Sustainment to the Army Net Centric Data Strategy (ANCDS) Center of Excellence (COE), and Coalition Interoperability.

Subsequently, SSESR 2051 was awarded on 10 March 2016.

Solicitation SSESR-2057 was protested to the agency on 26 February 2016. The agency dismissed the agency protest on 11 March 2016 due to lack of jurisdiction. The protestor resubmitted the protest to Government Accounting Office (GAO) on 16 March 2016. As a result, the procurement award for solicitation SSESR-2057 is on hold.

Because of this protest, a one month SLIN extension was awarded 29 March 2016 and a funding modification (no ceiling increase required) was issued on 8 April 2016 to provide the Government time to extend the current task order W15P7T-12-D-E007-0001. Per modification #33 task order W15P7T-12-D-E007-0001 expires 29 April 2016. Since the award of SSESR 2051, the only remaining work being performed on task order W15P7T- 12-D-E007-0001 covers Data Strategy, Enterprise Content Management, Portfolio Management, and Continuous Process Improvement. In accordance with the rules governing protested actions, the Government is prohibited from issuing a new contract to cover the work being solicited under SSESR 2057. The remaining work being performed under W15P7T-12-D-E007-0001 must be continued until SSESR-2057 is awarded and the protest resolved; therefore the only option the government has is to extend the current contract until the protest is resolved, award is made of solicitation SSESR-2057 and the transition is made between the old and new contractors. The proposed eight month extension of task order W15P7T-12-D-E007 should be accomplished through an exception to fair opportunity for the following reasons:

1) Task Order W15P7T-12-D-E007-0001 was awarded after all potential awardees under SSES NexGen IDIQ Contract were given a fair opportunity to be considered for award.

2) Task Order W15P7T-12-D-E007-0001 was awarded 30 Sep 2013 (Base Year), 30 Sep 2014 (Option Year), 28 Sep 2015 (six month -8 clause extension), 29 March 2016 (1- month SLIN extension), followed by 08 April 2016 (funding modification).

3) This will be the first time an exception to fair opportunity under FAR Part

16.505(b)(2)(i)(A) Authority is being utilized in support of this work.

4) The specific requirements for this contract support is on-going in nature as it supports enduring efforts that align to the on-going mission of SEC’s Engineering Services Division (ESD).

5) It is in the best interest of the Government for the incumbent (Booz Allen

Hamilton) to continue the work as they are fully aware of the requirements and the work being performed and are doing so acceptably under the current contract. To bring on a different vendor at this point would require significant transition time and a steep learning curve, neither of which are palatable to the Government given the current contract support ends 29 April 2016. SEC became aware of the pre-award protest filed against SSESR-2057 on 16 March 2016. There is no company besides the incumbent that can reasonably perform this work in the time required to avoid a break in service and avoid unacceptable delays.

a) Allowing a break in service for this work means that support would cease for the HQ DA G3/5/7 (Enterprise Management Decision Support (EMDS) system which enables joint decision making by providing the ability to analyze, predict, and manage force assignment and apportionment planning. EMDS is the only U.S. Army system that aggregates data from authoritative data sources to enable analysis of trained and ready forces, current and future progression through the Army force generation (ARFORGEN) cycle, and BCT reorganization in order to provide input into the Joint Staff's Global Force Management Assignment and Apportionment process and Office of the Secretary of Defense's aggregate Health of the Force view. Break in support of this crucial analytical tool would cause evolving distrust in the data underlying the decisions being made at the senior Army command level for consolidating and moving forces based on threats and established priorities resulting in grave harm to the warfighter. The absence of this capability would necessitate that each of the units providing resources and equipment would need to report separately through a manual aggregating process until the data reached the decision authority and orders could be issued. The length of time would be prolonged and the data would be suspect since so many organizations participated in its collection. Delays in getting the reliable, accurate analytic force strength information in a rapid form could endanger the lives of soldiers on ground as there could be times when the force strength is inadequate for the mission. This inefficient management of forces increases the risk to the soldiers receiving timely orders to join another unit which then impacts the Army’s ability to meet the military mission.

b) Allowing a break in service for this work also means that support would cease for the HQ DA G6 including definition and prototype of the Army Data Management Playbook template and development of Army Network Campaign Plan (ANCP). In addition, support of Army Data Strategy (recently signed by the Army Chief Information Office) would cease, impacting the implementation of tenets from the Army Data Strategy and into the Army Data Management plan and coordination with ASA (ALT) for implementation in the common operating environment. Service interruption of the Data Management support would result in delayed guidance and regulation governing how the Army currently provides interoperability of data with different architectures. As an example, adding a camera to a drone architecture system would require that the camera system of processing data is correctly designed to work seamlessly in the drone system. Delays of guidance and instruction could cause the two systems to follow different architecture and data models which proves to be incompatible causing longer timeframes to deployment which could endanger the lives of soldiers on the ground.

b. The following alternatives were considered:

1) The Government considered not extending task order W15P7T-12-D-E007-

0001 and allowing the contract to expire leaving a gap in contract support. This option was determined to be unacceptable due to ongoing work being performed supporting HQ DA G1 (Commander’s Risk Reduction Dashboard (CRRD), HQ DA G3/5/7 (Enterprise Management Decision Support (EMDS) and Global Force Information Management (GFIM), HQ DA G6 (define/prototype Army Data Management Playbook template and development of Army Network Campaign Plan (ANCP) near term and mid-term guidance.

2) The Government considered soliciting a bridge contract with another contractor to acquire the required services until SSESR-2057 Task Order was awarded;

however, the bridge contract was not an option due to the protest.

3) The Government considered using organic government personnel to stand in the gap until SSESR-2057 was awarded, but it was determined there are insufficient government resources available with the required skill sets to perform the requirements necessary.

c. An 8-month extension to the period of performance of this task Order is necessary with the incumbent Booz Allen Hamilton (BAH) due to the timing of the pre-award protest of the follow-on solicitation SSESR-2057 by Nexagen Inc. As a result of the protest, the anticipated March 2016 award of solicitation SSESR-2057 was stopped until GAO provides direction for resolution of the protest. With the pre-award protest being submitted 15 March 2016 with notification to APG-ACC, Division E on 16 March 2016, there was not sufficient time to solicit a competitive bridge contract (nor would it have been allowed based on GAO case law. The first 4-month base extension is needed because GAO has 100 days to adjudicate the pre-award protest so the Army does not expect the GAO decision until 27 June 2016. After GAO rules on the protest, it will then take 2 more months to evaluate and negotiate proposals, prepared contract documents, conduct reviews and make award selection and conduct debriefings for solicitation SSESR-2057. The next 2-month option is needed to complete the required 60-day transition period between the old and the new contractor and the final 2-month option is needed to resolve any potential post-award protests received by the Army.

6. Actions to Increase Competition: Task Order W15P7T-12-D-E007-0001 was awarded as a fully competitive task order under the SSES NexGen IDIQ Contract Vehicle. The follow-on requirement, SSESR-2057, is being solicited as a fully competitive task order award under the SSES NexGen IDIQ Contract vehicle.

7. Market Research: Market Research was performed among all awardees under the SSES NexGen Multiple Award IDIQ Contract vehicle when the Task Order was originally awarded in 2014. Due to the fact that support is required at full performance on 29 April 2016, there is no other source capable of performing this work in the time required to avoid a break in service.

8. Other Facts: Reserved.

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.

Architecture & Data Services Br. Ch.

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.

Ch, Engineering Services Div. (ESD)

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 the following: cost analysis price analysis should cost IGCE audit: identify the audit type other: identify the methodology or combination of methodologies that will be used

As a part of this basis, certified cost or pricing data:

will be required.

will not be required and the following exception applies (FAR 15.403):

Prices that will be agreed upon are based on adequate price competition.

Prices that were established during the original competition that are not subject to negotiation.

Prices that will be agreed upon are based on prices set by law or regulation.

A commercial item is being acquired.

A waiver has been granted by the head of the contracting activity (HCA) in accordance with DFARS PGI 215.403-1.

The contract action is a modification to a contract or subcontract for commercial item(s).

The estimated cost of the contract action is less than the threshold for certified cost or pricing data.

Date: 5/12/2016

Contracting Office

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

Date: 5/12/2016

Contracting Officer

Approval

I hereby approve the exception to the fair opportunity process in increase the overall ceiling of this Cost Plus Fixed Fee/Cost reimbursement task order from $44,290,228.00 by $10,548,040.62 to $54,838,268.62 and to extend the period of performance (POP) by eight (8) months to continue the ongoing effort to Provide Army G6 Strategic Initiatives Support, Data Centric Solutions, Sustainment of Test Tools, Life Cycle Development and Sustainment of Business Intelligence Systems, Development and Sustainment to the Army Net Centric Data Strategy (ANCDS) Center of Excellence (COE), and Coalition Interoperability. This is pursuant to FAR 16.505(b)(2)(i)(A), subject to availability of funds, and provided that the services herein described have otherwise been authorized for acquisition.

Date:

Special Competition Advocate