W564KV-13-D-0002-0044-02_JA_T-16-J-003_version_11_Dec_for_Legal_review_(LYNCH_(002).pdf

Control No: T-16-J-003

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETION

Program/Equipment: This contract provides Intelligence Technical Support services to the US Army Europe (USAREUR) across all USAREUR work locations based on changes in mission and available resources.

Authority: 10 U.S.C. 2304(c)(2) as implemented by FAR part 6.302-2 – Unusual and Compelling Urgency

Amount: $450,000.00. The action is to exercise the option period of 1 JAN 2016 through 29 JUN 2016 under task order 0044 of contract W564KV-13-D-0002 by $450,000.00.

Prepared by:

Typed Name: Douglas Lindsay

DSN: 483-5150

Title: Contract Specialist Date: 11 December 2015 E-mail: douglas.e.lindsey.civ@mail.mil

Contracting Officer:

Typed Name: Patricia Hutcherson

DSN: 483-5183

Title: Contracting Officer Date: 11 December 2015 E-mail: patricia.j.hutcherson.civ@mail.mil

Technical Representative:

Typed Name: Jim Lynch

DSN: 537-2106

Title: Contracts & Contracting Officer's Representative Date: 24 September 2015 E-mail: james.p.lynch3.civ@mail.mil

Requirements Representative: See Above TR Typed Name:

DSN:

Title:

Date:

E-mail:

Reviews: I have reviewed this Justification and find it adequate to support sole source.

Program Manager: See above TR Typed Name: Jim Lynch

DSN: 537-2106

Signature: Date: 12/11/15 mailto:douglas.e.lindsey.civ@mail.mil mailto:patricia.j.hutcherson.civ@mail.mil mailto:james.p.lynch3.civ@mail.mil

Reviews: I have reviewed this Justification and find it adequate to support sole source.

Legal Counsel:

Typed Name: CPT Jason Quinn

DSN: 314-483-5194

Alternate Principal Assistant Responsible for Contracting:

N/A

Special Competition Advocate:

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETION

Original Amendment

Amendment Number Original estimated total contract value (of task order 0044) $ 500,000.00 New total estimated value $ 950,000.00

1. Contracting Activity: The United States Army, 409th Contracting Support Brigade (CSB)

RCO Benelux RCO Grafenwoehr Bamberg (sub-office) Ansbach (sub-office) RCO Schwetzingen Stuttgart (sub-office) RCO Vicenza Livorno (sub-office) RCO Wiesbaden Theater Contracting Center (TCC)

2. Description of Action:

A. Requirement:

New Requirement Follow-on Requirement Mod to Existing Purchase Order/Contract Number

For modifications or follow-on requirements:

i. The contract was originally awarded: Competitively Sole Source

ii. The contract number is: W564KV-13-D-0002-0044

iii. The total value of the contract: before modification: $500,000.00, after modification $950,000.00

B. Type of Contract/Pricing Arrangement:

Firm-Fixed-Price (FFP) Time-and-Materials (T&M)/Labor-Hour Hybrid, explain:

Other: Indefinite Delivery Indefinite Quantity contract with firm fixed hourly rates for the various labor categories. Funds will be provided and obligated on each Task Order.

C. Type of Funds:

FY _GPCI_Operations and Maintenance, Army (OMA) FY_____ Other Procurement, Army (OPA) FY_____ Construction Other Funds:

D. Name of Proposed Contractor Six3 Intelligence Solutions, Inc

Street Address: 1430 Spring Hill Road, Suite 525 City, State, Zip: McLean, VA 22102

Phone: 703-852-1254

3. Description of Supplies/Services:

Actions without Options:

Period of Performance: Original task order 0044 POP: 30 Jun 2015 – 31 Dec 2015 Revised POP (after this modification): 1 Jan 2016 – 29 Jun 2016 Value of Contract: Original value of task order 0044: $500,000.00 Revised Value (after this modification): $950,000.00

Actions with Options:

Base Period: to or completion date Value: $ Option Period 1: to or completion date Value: $ Option Period 2: to or completion date Value: $ Option Period 3: to or completion date Value: $ Option Period 4: to or completion date Value: $ Option Period 5: to or completion date Value: $ 52.217-8 option: to or completion date Value: $ Total $

4. Authority Cited: 10 U.S.C. 2304(c)(2) as implemented by FAR part 6.302-2 -- Unusual and Compelling Urgency

The contractor shall provide non-personal Intelligence Technical Support Services for USAREUR Army intelligence operations throughout the USAREUR Area of Responsibility (AOR), which include but may not be limited to Central and Eastern Europe and potentially other combatant commands within the regions of Africa, Middle East, and Europe, in accordance with the Performance Work Statement.

5. Reason for Authority Cited:

a. The USAREUR G2 has a need to continue the non-personal Intelligence Technical Support Services in Germany. The contractor has been providing indispensable intelligence services throughout the contract period. There are 7 contracted intelligence professionals located in Germany currently providing critical Intel support throughout USAREUR AOR.

b. Task orders were issued to begin performance on 29 June 2015 for 6 months, with an Option of another 6 months, and contract W912CM-13-D-0002 is due to expire on 29 June 2016. The G2 had expressed its need for a follow-up contract and provided the procurement package as required by TCC. Preparations began to procure a multiple year contract on a full and open competition basis back in 2013.

c. A follow-on contract is being competed. Request for Proposal W564KV-15-R-0004 was issued in DEC 2014, and posted to the ASFI website. The award of the follow-on was requested NLT 1 July 2015, in order to allow sufficient time for the contractor to mobilize before performance start. A minimum of six months is required for the Mobilization period for the DOCPER TESA process, which can begin only after award. In July 2015, the anticipated award date was pushed back to December 2015 to allow time for thorough review of all proposals. Due to the high-risk of protest for the follow-on requirement, strict adherence to the evaluation criteria was critical, requiring multiple levels of review and multiple drafts of the source selection decision document. During the deferral period clarifications were conducted for four (4) minor errors with the ultimate awardee’s price proposal. In addition, two technical proposals, including the ultimate awardee’s proposal, exceeded specified page limits. This required the Government to consider lengthy discussions and, ultimately, reevaluate all proposals’ conformance to the solicitation by referencing information elsewhere in offerors’ submissions and in Government databases. Deferring the award date was necessary to ensure full and open competition of the follow-on requirement, ensure equitable treatment of offerors and ensure all legal requirements for evaluating proposals were met. The contract was awarded on 7 December 2015, but requires a 6-month mobilization period to allow the awardee to obtain TESA status. The only option to ensure continuity of services is for a TO extension to be awarded to the incumbent vendor.

d. The extension of TO-0044 will provide the continuation of critical Intelligence support for the U.S. Army Europe (USAREUR) Deputy Chief of Staff, G2 (DCS-G2). Interruption of the analytical intelligence services support would critically impede our ability to provide timely and specific analytical expertise by region/country. A gap in these intelligence analytical and technical services support would have immediate and severe impact on USAREUR’s mission, as well as the total European theater intelligence posture.

e. Awarding to another vendor for this short term requirement would require the transfer of Top Secret/SCI clearances from one vendor to another. This could not occur in a timely manner in order to ensure mission essential continuity of intelligence services to the theater, and would thereby impede the accomplishment of USAREUR’s operational mission.

f. Awarding a bridge contract to another vendor would also be cost prohibitive due to the requirement to relocate personnel to and from Europe. A short duration POP would result in TDY expenses, as a new vendor would be reluctant to pay for a permanent change of station for new employees for a short term (6 month) requirement. Also, the school tuition costs for DODDS schools, which cost $25K a year per child, would have already been paid in December for the Spring semester. A turnover in vendors could result in lost tuition for children associated with the outgoing vendor, and additional charges for any school age children associated with the new vendor.

g. This contract supports counter-terrorism by providing key intelligence to force protection units throughout the USAREUR area of operations. Additionally, the information is shared with host nation authorities to defeat terrorists in Europe that pose a threat to U.S. forces and their families in Europe. Even a temporary loss of this capability means that we are sharing significantly less timely intelligence with our host-nation partners. This does not necessarily mean that terrorists will successfully target our forces, but a gap in timely intelligence clearly increases the risk, as well as the potential severity of any successful attack.

h. Another critical mission supported by the contract is Insider Threat, which developed after a Soldier - allegedly Maj. Nidal Malik Hasan - opened fire at a Soldier Readiness Center, killing 13 and injuring at least 30 others at Fort Hood, Texas, Nov. 5, 2009. Suddenly the Army intelligence community was tasked with identifying a new enemy much closer to home. All-Source Analysts provide analytical support to identify potential force protection threats to USAREUR. In addition to the traditional insider threat dangers confronted by CONUS installations, the threat to USAREUR is significantly compounded due to the large number of local national employees and foreign support personnel requiring access to Army facilities.

6. Efforts to Obtain Competition:

Synopsized on or is planned to be synopsized on/around , and any bids or proposals received shall be considered.

Exception to synopsis applies in accordance with FAR:

5.202(a)(1) Synopsis cannot be worded to preclude disclosure of agency’s needs and disclosure would compromise national security .

5.202(a)(2) Contract action made under conditions described in 6.302-2 and the

Government would be seriously injured if it complied with the time periods specified in 5.203.

5.202(a)(3) Contract action is one for which written direction from a foreign government reimbursing the agency for costs of the acquisition must be made to a specified source, or is made under the terms of an international agreement or treaty.

5.202(a)(4) Expressly authorized or required by statute to be made through another Government agency.

Six3 as the incumbent is the only contractor capable of meeting the continued requirement without a break in service and at such short notice, as they have the personnel with the required security clearances and firsthand knowledge and experience concerning relevant Intelligence Technical support. Only the incumbent can obtain approval through DOCPER to continue services before expiration of the current contract.

5.202(a)(5) Utility services and only one source is available (other than telecommunications).

5.202(a)(6) Contract action is placed using FAR 16.5 5.202(a)(7) Contract action is the result of a proposal accepted under the Small

Business Innovation Development Act of 1982 (SBIR Program).

5.202(a)(8) Contract action is the result of accepting an unsolicited research proposal with a unique and innovative concept that if solicited would disclose the originality of innovativeness or would disclose proprietary information associated with the proposal.

5.202(a)(9) Contract action if for perishable subsistence supplies and advance notice is not appropriate or reasonable.

5.202(a)(10) Contract action is made under conditions described in 6.302-3, or 6.302-5 with regard to brand name commercial items for authorized resale, or 6.302- 7, and advance notice is not appropriate or reasonable.

5.202(a)(11) Contract action is made under terms of an existing contract previously synopsized in sufficient detail to comply with requirements of 5.207.

5.202(a)(12) Contract action is by a Defense agency and will be made and performed OCONUS and only local sources will be solicited. Does not apply to actions covered by the World Trade Organization Government Procurement Agreement (WTOGPA) or Free Trade Agreement (FTA) (see FAR 25.4).

5.202(a)(13) Contract action is expected not to exceed the SAT, will be made through the GPE, and permits the public to respond electronically.

5.202(a)(14) Contract action is made under conditions described in 6.302-3 with respect to the services of an expert to support the Federal Government in a current or anticipated litigation or dispute.

5.202(b) Head of the Agency has determined in writing that advance notice is not appropriate or reasonable.

7. Market Research:

8. Interested Sources:

Market research was conducted for the follow-on procurement:

Dates market research was conducted: 1 JUL 2015 – 17 DEC 2015 Conducted by: James Lynch

Market research indicates that there is a competitive market for contracting these types of services.

However, this action must be accomplished because we must ensure there is no break in services.

Six3, as the incumbent, is the only contractor capable of meeting the continued requirement for TS/SCI cleared personnel, approved through the DOCPER TESA process, without a break in services.

There are numerous vendors interested in the follow-on contract and submitted proposals. The follow-on contract is being procured using full and open competition.

9. Actions to Increase Competition:

10. Other Facts:

11. Technical/Requirement Certification: See Above TR

I certify that the supporting data under my cognize which are included in the Justification are accurate and complete to the best of my knowledge and belief. I also certify that this requirement meets the organization’s minimum needs for this item, and or schedule requirements, at this time.

12. Fair and Reasonable Cost/Price Determination:

I hereby determine that the anticipated price to the Government for this contract action will be fair and reasonable.

This determination will be made using the following:

price analysis: Current competitively awarded contract prices will be used for this action.

IGCE

other: identify the methodology or combination of methodologies that will be used

As a part of this basis, certified cost or pricing data is not required because the item and/or services being acquired are considered commercial.

I also certify that this Justification is accurate and complete to the best of my knowledge and belief.

Typed Name: Patricia J. Hutcherson Title: Contracting Officer

The follow-on contract was procured using full and open competition. The follow-on contract was awarded on 12/7/15 to the incumbent.

Approval

Based on the foregoing Justification, I hereby approve the procurement of Intelligence Technical Support services to the US Army Europe (USAREUR) on an other than full and open competition basis pursuant to the authority of the 10 U.S.C. 2304(c)(2) as implemented by FAR part 6.302-2, Unusual and Compelling Urgency, and provided that the services and property herein described have otherwise been authorized for acquisition.

Typed Name:

DSN:

Signature