J A_for_W564KV-13-D-0002-0043-02.pdf

Control No: T-15-J-023

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: $1,125,000.00. The action is to extend task order 0043 of contract W564KV-13-D-0002 by $1,125,000.00 from $395,000.00 to $1,520,000.00.

Prepared by:

Typed Name: Karin Donner

DSN: 483-5150

Title: Contract Specialist Date: 25 September 2015 E-mail: karin.donner1.ln@mail.mil

Contracting Officer:

Typed Name: Zane R. Rohwedder

DSN: 483-5147

Title: Chief, Special Acquisitions Division Date: 25 September 2015 E-mail: zane.r.rohwedder.civ@mail.mil

Technical Representative:

Typed Name: Jim Lynch

DSN: 537-2106

Title: Contracts & Contracting Officer's Representative Date: 25 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: 9/25/15

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

Legal Counsel:

Typed Name:

DSN:

Date: 25 September 2015

Signature

Alternate Principal Assistant Responsible for Contracting:

N/A

Special Competition Advocate:

N/A

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETION

Original Amendment

Amendment Number:

Original estimated total contract value (of task order 0043): $365,000.00 New total estimated contract value: $1,520,000.00

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

RCO Benelux RCO Grafenwohr 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-0002-0043

iii. The total value of the contract (task order 0043):

before modification: $365,000.00, after modification: $1,520,000.00

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:

FY15 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 0043 POP: 30 Jun 2015 – 30 Sep 2015 Revised POP (after this modification): 30 Jun 2015 – 29 Jun 2016 Value of Contract: Original value of task order 0043: $365,000.00 Revised Value (after this modification): $1,520,000.00

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(ITSS) in Kosovo. The contractor has been providing indispensable intelligence services throughout the contract period. There are 16 contracted intelligence professionals currently providing critical Intel support in Kosovo.

b. Intelligence analysis work under the ITSS contract includes All-Source and single disciplines, such as Counterintelligence/Human Intelligence (CI/HUMINT) and Open Source Intelligence (OSINT) as well as specialized skills, i.e., counter terrorism, criminal intelligence, insider threat, and other areas. Support to intelligence operations includes security services; and personnel screening support. Operation, maintenance, and sustainment of Information Technology (IT) networks and systems include System Engineering and Network Engineering.

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. Award of the follow-on contract was originally scheduled for 1 July 2015, but is now is anticipated in October 2015, with the phase in period ending 29 June 2016 and service beginning 30 June 2016. It is impossible to have the follow-on contract awarded before 1 OCT 2015, according to Ms. Hutcherson (TCC KO), on 9/24/15. The only option to ensure continuity of services pending contract award and during the phase-in period is for a TO extension to be awarded to the incumbent vendor.

d. A Task order was issued under contract W912CM-13-D-0002 with a 3-month base 30 Jun 2015- 30 Sep 2015 base period of performance and an Option period from 1 Oct 2015-29 Jun 2016.

Exercise of the option period must be supported by an adequate sole source J&A because underlying contract has expired and the task order contains no authority for exercising the option period or otherwise extending the period of performance of the task order.

e. 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 multi-national forces to defeat terrorists in Kosovo that pose a threat to KFOR forces. Even a temporary loss of this capability means that we are sharing significantly less timely intelligence with our KFOR partners. A gap in timely intelligence clearly increases the risk of successful terrorist attack, as well as the potential severity of any successful attack.

f. USAREUR, under its Title X responsibility to Task Force Falcon (TFF) in Kosovo, provides analytical and intelligence support services via the G2’s USAREUR Intelligence Technical Services Support (ITSS) Contract. Increased use of contracted services became a necessity when soldiers previously supporting the mission in Kosovo were rotated out of the Balkans to support more pressing missions in Eastern Europe (ERI). The National Guard units which support TFF rotate every 9 months. Each rotation arrives with varying levels of manning, and with personnel having diverse areas of experience and expertise. Without the continuity and institutional knowledge provided by the current contracted support, there would be large gaps in capability with this rotation.

And it would be unfeasible for the various National Guard units to be able to consistently provide soldiers with advanced skill sets such as Systems Engineering.

g. 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 KFOR theater, and would thereby impede the accomplishment of USAREUR’s Title X responsibility and operational mission.

h. The extension of TO-0043 will provide the continuation of critical Intelligence support for the U.S. Army Europe (USAREUR) Deputy Chief of Staff, G2 (DCS-G2), and Kosovo Forces (KFOR).

Support to KFOR is a Title X responsibility and in accordance with international agreements.

6. Efforts to Obtain Competition:

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 Country and Theater Clearances approval through U.S.

Embassy and EUCOM G3 to continue services before expiration of the current contract. The Government is in the process of procuring a follow-on contract using full and open competition processes as discussed above.

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.

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:

9. Actions to Increase Competition:

10. Other Facts:

Market research was conducted for the follow-on procurement:

Dates market research was conducted: 1 JUL 2014 – 21 JAN 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.

The extremely short timeline and the Country Clearance requirement preclude us from competing a new bridge contract to begin performance on 1 OCT 2015. Six3, as the incumbent, is the only contractor capable of meeting the continued requirement for TS/SCI cleared personnel, country clearance approved, 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.

The follow-on contract is being procured using full and open competition. The original scheduled award date was 1 JUL 2015, but that date has been extended to October 2015 to ensure adequate time for proposal evaluations and corrections according to Ms. Hutcherson (TCC KO), on 9/24/15.

11. Technical / Requirements Certification: See Above TR

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. I also certify that this requirement meets the organization’s minimum needs for this item, and/or schedule requirements, at this time.

13. 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: Zane R. Rohwedder Title: Contracting Officer

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: Paul G. Michaels, eJD

DSN: 314-542-6401