EFOJ FAR PART 16 - IMCOM FASS_Redacted_23 Sept.pdf

CUI

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

Program/Equipment: Installation Management Command G9, Army Community Service, Family Advocacy Program Family Advocacy Support Services

Authority: Title 10 United States Code (U.S.C.) Section 3406(c)(3) as implemented by Federal Acquisition Regulation (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.

Amount:

Prepared By:

Typed Name: DSN:

Title: Contract Specialist Date: 08 August 2024 E-mail:

Contracting Officer:

Typed Name: DSN:

Date Reviewed: 08 August 2024 E-mail:

Technical Representative:

Typed Name: DSN:

Title: Army Community Services Division Chief Date Reviewed: 12 August 2024

Requirements Representative:

Typed Name: DSN:

Title: Army Community Services Division Chief Date Reviewed: 12 August 2024

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

1. Contracting Activity: U.S. Army Contracting Command-New Jersey (ACC-NJ)

2. Description of Action: Request approval for a Firm-Fixed-Price 6-month bridge modification to Task Order (TO) W15QKN-20-F-0336 awarded under Indefinite Delivery, Indefinite Quantity (IDIQ) Contract W15QKN-19-D-0042 for the provision of Family Advocacy Support Services (FASS) in support of the United States Army Installation Management Command (IMCOM) G9, Army Community Service (ACS), Family Advocacy Program (FAP). The contractor is Magellan Federal, Inc., 2800 Shirlington Road, Suite 350 Arlington, VA. 22206-3601. The Government anticipates award of this modification by 20 September 2024. Fiscal Year (FY) 2024, Army Operations and Maintenance funding are to be provided for this requirement under Purchase Request Number .

On April 06, 2022, TO W15QKN-20-F-0336 was awarded to Armed Forces Services Corporation doing business as Magellan Federal, Inc. (Magellan) for the provision of FASS in support of the IMCOM G9, ACS, FAP. Under this TO, the contractor is responsible for providing non-personal, comprehensive services to prevent domestic abuse, child abuse and neglect, and address child on child problematic sexual behavior through advocacy, support and training; in addition, the contractor provides 24/7 victim response, home visitation, hands-on education, case management and accompaniment to court and other appointments as requested.

An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement (DFARS) 207.103(d)(i)(B).

3. Description of Supplies/Services: The Government is mandated by the Department of Defense and Department of the Army to provide FASS to supplement Soldier readiness and the well-being of the Army Family. In accordance with (IAW) Army Regulation (AR) 608-18, Army installations will provide services designed to prevent spouse and child abuse by improving family functioning, easing the kinds of stress that can aggravate or trigger patterns of abusive behavior, and create a community that is supportive of families. The services currently being provided under

TO W15QKN-20-F-

essential part of the provide resources that will prevent the kinds of stressors that could lead to abuse within the home. Under this effort, the contractor (Magellan) provides support meeting the requirements of AR 608- 18 IAW the tasks identified within the performance work statement (PWS) to Army Installations both within the Continental United States (CONUS) and outside the Continental United States (OCONUS).

The proposed contract action is for an extension of services for six months from 21 September 2024 through 20 March 2025 to avoid any break in service and impacts to the IMCOM FAP Mission while a follow on TO is awarded. The total anticipated dollar value of the six-month extension of services is estimated at .

4. Authority Cited: Title 10 United States Code (U.S.C.) Section 3406(c)(3) as implemented by Federal Acquisition Regulation (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.

5. Reason for Authority Cited: Pursuant to FAR 16.505(b)(2)(i)(C), when 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, competition need not be provided for. All 17 contract holders under the Human Resource Solutions (HRS) 5th Generation Personnel Lifecycle Support (PLS) IDIQ Multiple Award Task Order Contract (MATOC) Suite were given fair opportunity to submit proposals in response to the solicitation for the basic TO award under request for task order proposal (RTOP) W15QKN-20-R-0035, which was issued as unrestricted on 16 January 2020. A total of proposals were received; upon evaluation of all proposals received IAW the evaluation criteria and Task Order Evaluation Plan (TOEP), Magellan was selected for award. TO award W15QKN-20-F- 0336 was awarded on 06 April 2020. Under this TO, the contractor is responsible for providing non-personal, comprehensive services to prevent domestic abuse, child abuse and neglect, and address child on child problematic sexual behavior through advocacy, support and training; in addition, the contractor provides 24/7 victim response, home visitation, hands-on education, case management and accompaniment to court and other appointments as requested IAW the PWS.

To continue services, an unrestricted follow-on TO was solicited on 15 November 2023 under W15QKN-24-R-0003 to all 17 contract holders under the HRS PLS MATOC. A total of proposals were received; upon evaluation of all proposals received IAW the selected for award. TO Award W15QKN-24-F-0141 was awarded on 28 February 2024.

On 12 March 2024, the Government received two Government Accountability Office (GAO) Level Protests Pursuant to FAR 33.104(c)(1) and FAR 52.233-3(a)(2), Protests After Award, the Contracting Officer made the determination to terminate TO W15QKN-24-F-0141 with 360 Patriot Enterprises, LLC as part of the Government's corrective action plan, which was approved by the GAO on 03 April 2024. As part of the corrective action, ACC-NJ notified all PLS contract holders that an amendment would be issued to Solicitation W15QKN-24-R- 0003, new proposals would be accepted, the Government would conduct evaluation on newly submitted proposals in response to the amendment, and any previous proposal documentation submitted would be considered obsolete and would have no impact on subsequent evaluation and best value determination. Concurrently, the Government has extended services in accordance with FAR 52.217-8 under the prior TO, W15QKN-20-F-0336, with Magellan, with the period of performance ending on 20 September 2024.

The Government is currently implementing its corrective action as referenced above, and on 23 May 2024, issued amendment 0004 to Solicitation Number W15QKN-24- R-0003 which incorporated a revised PWS and TOEP. The Government is in the process of reviewing the proposals submitted in response to this amendment.

This was an unforeseen circumstance the IMCOM customer and ACC-NJ encountered and are taking necessary steps to ensure no duplication of services are performed, while ensuring all commands receive the level of support needed for their installations. As a result, this has impeded on the timeline of current efforts, and will cause

A six-month bridge will allow for

Additionally, a six-month bridge will allow for a two-month transition period from the current TO to the follow on effort, IAW the PWS transition requirements. During this time frame, the current contractor, Magellan, will continue to provide IMCOM with the mission essential FAP Support Services mandated by AR 608-18 under W15QKN-20-F- 0336. Therefore, approval of a six-month bridge is of upmost importance to ensure there is no gap in the family support services provided under the FAP Program.

The proposed modification must be accomplished through an exception to fair opportunity pursuant to the authority cited in paragraph 4 as IMCOM cannot experience a break in these critical services. Failure to execute a bridge modification under TO W15QKN-20-F-0336 would result in IMCOM being non-compliant with the following policies and regulations that require the services being provided under the FASS TO: Department of Defense Instruction (DoDI) 6400.01 (Family Advocacy Program); AR 608-18 (The Army Family Advocacy Program); OP-ORD 22-019 (Army FAP Transition to the Incident Determination Committee (IDC)-Clinical Case

-26 (Transition of the FAP Case Review Committee to the Incident Determination Committee and Clinical Case Staff Meeting).

Additionally, failure to extend the services under TO W15QKN-20-F-0336 will have grave impacts by directly impacting Failure to award this modification would result in the following detrimental impacts to

AP mission, the solider, and civilian dependents:

a) Failure to comply with New Parent Support Program (NPSP), Domestic Abuse Victim Advocacy (DAVA) Program, and Family Service Support Assistant (FSSA) Program would have severe consequences, potentially leading to mission failure and detrimental effects on the FAP objectives.

The lack of support services will have a direct impact on solider performance and mission readiness. Ensuring continuous support helps maintain the morale and focus of service members, which is essential for achieving mission objectives.

b) The NPSP provides crucial support to new and expecting parents, offering resources and guidance that are essential for healthy family dynamics.

Any gap in service provision could lead to

Additionally, lack of NPSP support will also mean a

The immediate and consistent availability of support and intervention services is vital for mitigating these risks and ensuring the safety and security of all children aged zero to three.

c) The DAVA Program addresses issues of domestic abuse, providing immediate intervention and support to affected individuals, which is critical for their safety and well-being. The DAVA Program plays a critical role in preventing and addressing domestic violence within military families. Any gap in service provision could lead to an

The immediate and consistent availability of support and intervention services is vital for mitigating these risks and ensuring the safety and security of all family members.

d) The FSSA program supports FAP Managers to implement steps related to ensure compliance with these important statutory requirements. Without FSSA support, the Army is at risk for as noted in Congressional Hearings, Media reports and Government Accountability Office engagements. FSSAs are critical to ensuring the Incident Determination Committee (IDC) - Clinical Case Staff Meeting (CCSM) and Problematic Sexual Abuse - Child Youth (PSB-CY) child and spouse abuse and child on child sexual abuse cases are assessed and managed IAW mandated regulatory guidance.

A proposal will be requested from the incumbent contractor, Magellan, for the continuation of services under the six-month extension. It is imperative for the Government to retain the current contractor who already has the specific knowledge, resources, staffing, and expertise in place to continue services without a substantial break in service, virtually eliminating negative impacts to Soldier readiness and the well-being of the Army Family until a competitive follow-on support contract can be awarded.

6. Efforts to Obtain Competition: In accordance with FAR 5.202(a)(6) this action will not be synopsized as the proposed contract action is a modification to issue a bridge extension to an order placed under subpart 16.5.

a. Effective competition: The Government does not anticipate competition under this effort, as the Government intends to award this modification as a sole source requirement under the existing TO. Competition was sought and obtained at the basic task order level, and at the establishment of the basic IDIQ vehicle.

b. Subcontracting competition: Magellan has certified as a large business and currently has an approved subcontracting plan under contract W15QKN-19-D- 0042. Upon the most recently submitted Electronic Subcontracting Reporting System (eSRS) individual subcontracting report, the contractor has identified that $0 have been subcontracting to small businesses under the subject TO (W15QKN-20-F-0336). The Government will request within its request for proposal that Magellan identify any subcontracting opportunities under this modification for additional work, and if the contractor does not anticipate utilizing small business for subcontracting opportunities, an explanation as to why small business subcontracting is not feasible. Further, the following FAR clauses are applicable and are contained in the PLS MA IDIQ contract to ensure the prime contractor obtains as much competition as possible in its subcontracting efforts:

FAR 52.203-6, FAR 52.204-10, FAR 52.244-2, and FAR 52.244-6.

7. Actions to Increase Competition: This is the first instance the authority at FAR 16.505(b)(2)(i)(C) is being utilized to extend the period of performance of the current TO. However, a previous EFOJ was approved on 09 September 2022 under the authority of FAR 16.505(b)(2)(i)(C) at the ACC-NJ advocate for competition level for to incorporate additional work under Option Period 2 and Option Period 3 via Modification P00009. Modification P00009 incorporated newly required FSSA positions to be compliant with the HQ IMCOM Operations Order 22-019. At time of initial TO award, the FSSA positions were not required, as the OP-ORD became effective on 26 April 2022. Newly added FSSA positions were incorporated into the PWS for the follow on TO award which was solicited on 23 May 2024. A copy of the previously approved justification is provided as a supplemental attachment.

As detailed in paragraph 5, the follow-on TO being solicited under W15QKN-24-R-0003 Amendment 0004 is currently implementing competitive procedures amongst all 17 contract holders under the HRS 5th Generation PLS IDIQ MATOC Suite.

8. Market Research: The current TO was awarded through the HRS PLS MATOC suite. Prior to basic TO award, market research was conducted IAW FAR Part 10, and the Contracting Officer determined the requirements to be within the scope of the basic IDIQ contract. Market research supported full and open competition amongst all contract holders under the PLS MATOC suite and all were eligible to submit proposals in response to the Governments RTOP.

In conducting market research for the proposed extension, the Government issued a request for information (RFI) to the current PLS contract holders on 11 July 2024, to determine contractor capabilities for providing the requested services. PLS contractors responded to the RFI by the closing date of 15 July 2024. Of those PLS contractors, contractors responded with no interest in competing on the effort, and the following contractors responded and provided capability statements/narratives requested by the RFI.

Although the Government received affirmative responses from contractors and contractors demonstrated their abilities or approach to meet PWS tasks 5.1 through

5.6, only the incumbent contractor, Magellan, has demonstrated the previous experience to successfully perform the full breadth of the scope of the requirement.

This mandated effort requires a vendor with the ability to perform the full scope of the requirement (New Parent Support Services, Domestic Abuse Victim Advocate Services, Problematic Sexual Behavior of Children and Youth, and FAP Support Service System).

Without demonstrating the applicable required experience, the risk of unsuccessful performance is high given that no transition period would be available to transition a new vendor for this six-month period. t to award these services as a modification under the current TO, as competing a new requirement for a six-month extension would result in duplication of costs and effort with the current follow-on solicitation, and the Government would be unable to meet the 20 September 2024 award deadline. Further, the Government does not have a high degree of confidence that a new contractor would have the means to transition approximately 200 Full Time Employees across 21 CONUS locations and staff, complete the status of forces agreement (SOFA) requirements for the five OCONUS locations, and successfully perform the PWS requirements with no transition period available.

Due to the short timeline, the complexity of the work required, lead time for OCONUS SOFA processing requirements, and the fact that Magellan is the incumbent that Magellan is the only contractor that can perform this requirement without substantial impacts / risk of unsuccessful performance under the FAP program by 20 September 2024.

9. Other Facts:

a. Procurement history.

(1) Contract numbers and dates of the last several contracts for these same requirements:

W15QKN-19-D-0042-W15QKN-20-F-0336: awarded 06 April 2020

W15QKN-20-F-0336-P00009: awarded 09 September 2022

(2) The competitive status of these actions:

W15QKN-19-D-0042-W15QKN-20-F-0336 awarded under full and open competition amongst all PLS Contract Holders

W15QKN-20-F-0336 P00009 awarded under an exception to full and open competition pursuant to FAR 16.505(b)(2)(i)(C)

(3) Authority previously cited if less than full and open competition was used:

W15QKN-19-D-0042-W15QKN-20-F-0336: Not Applicable

W15QKN-20-F-0336-P00009 awarded under an exception to full and open competition pursuant to FAR 16.505(b)(2)(i)(C)

(4) If a justification was prepared to support the procurement made before this one, a summary of the contents of paragraph 7 of the justification for that procurement and an explanation of the results:

W15QKN-19-D-0042-W15QKN-20-F-0336: Not Applicable

W15QKN-20-F-0336 P00009: Reference the previous justification document, anticipated the required changes issued under the OP-ORD, as these requirements are provided from higher Headquarters, which the FASS program office is mandated to adhere to. To increase competition, it is anticipated that the follow-on requirement for FASS will be competed under the HRS PLS IDIQ MATO contract suite. If the Government determines that Site Coordinator (FSSA) support is a requirement that is needed under any possible follow on efforts, the

Reference the follow on competitive TO requirement, the proposed actions have been completed as the additional FSSA labor categories have been captured under the PWS.

(5) If any prior contract for this requirement was accomplished using full and open competition, include a detailed explanation of the changed circumstances causing this action to now limit the sources:

TO W15QKN-20-F-0336 was issued as full and open competition under the PLS MA IDIQ Contract Vehicle, as referenced above, current circumstances require an exception to fair opportunity to ensure services continue while the Government awards the competitive follow on effort (which also allowed for full and open competition under the PLS MA IDIQ Contract Vehicle.)

(6) An explanation of any unusual patterns that may be revealed by the history, e.g., several consecutive, urgent buys. Not Applicable

(7) If a justification was prepared to support the procurement made before this one, briefly describe the circumstances justifying the procurement and whether there have been any significant changes. Not Applicable

b. Other facts: Not Applicable

Approval

Based on the foregoing justification, I hereby approve of the Firm-Fixed Price 6 month bridge modification under Task Order W15QKN-20-F-0336 in support of Installation Management Command, Family Advocacy Program with Magellan, Inc. in the amount of on an other than full and open competition basis pursuant to the authority of 10 United States Code 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, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Signature: ______________________ Date: __22 August 2024___________

Typed Name: Title: Advocate for Competition