MICC_2015-110_redacted.pdf

MICC Control No.: 2015-110 Control Number Hood: 2015-8

JUSTIFICATION DOCUMENT

FOR OTHER THAN FULL AND OPEN COMPETITION

Test Support Services for the United States Army Operational Test Command (USAOTC), Fort Hood, TX

1. CONTRACTING AGENCY: Mission and Installation Contracting Command (MICC)- Fort Hood, Contracting Division - ATEC, 1001 761st Tank Battalion Ave, Room W103, Fort Hood, TX 76544-5025

2. DESCRIPTION OF ACTION: Request approval to extend the current Cost Plus Fixed Fee (CPFF) bridge contract (W91151-14-C-0020) for up to sixty (60) days for test support services at Fort Hood, Texas. Research, Development, Test & Evaluation (RDT&E) funds are available for this action upon contract award. The estimated value for the extension is $5.3 million.

3. DESCRIPTION OF SUPPLIES/SERVICES: U.S. Army Operational Test Command (USAOTC) has a statutory mission to conduct independent operational tests for material and equipment prior to full scale production in accordance with 10 U.S. Code Section 2399.

This contract provides services in support of USAOTC test mission. The contractor shall provide all labor, management, supervision, supplies, materials, equipment, and tools, not otherwise provided as government furnished property (GFP), to perform the non-personal services required to support the operational test, data collection, and experimentation mission of the USAOTC. The contractor may also be required to perform testing, data collection, and experimentation in support of combined developmental and operational test, joint and multi-service tests, training activities, and other Department of Defense (DOD) activities. The contract will consist of the following general requirements:

a. Test operations support that includes test planning, field test support, data collection and reduction, data base management, and support for test report preparations.

b. Test operations logistics support that involves the preparation and maintenance, as required, of the test site.

c. Maintenance and non-developmental item (NDI) enhancement to existing test instrumentation systems that are provided to the contractor as GFP.

d. Maintenance and dispatch services for test support vehicles and generator fleet.

e. Design and build prototype instrumentation and brackets, and build or have built designed items. Write software and firmware as required.

4. AUTHORITY CITED: 10 U.S.C. 2304(c) (1) as implemented by Federal Acquisition (FAR) 6.302-1, Only One Responsible Source and No Other Supplies or Services will Satisfy Agency Requirements.

5. REASON FOR AUTHORITY CITED: An initial protest and then a supplemental protest of Contract awarded after corrective actions from a previous protest were filed with the Government Accountability Office (GAO) – events not within the control of the Agency. An interim bridge contract awarded to complete corrective actions from an earlier protest expires on 3 July 2015. This requested extension is necessary for GAO to make a ruling on the recent protest and supplemental protest of award, and for the Agency to respond to the ruling. This contract extension is necessary to provide continued support for ongoing operational test activities and test support for multiple Army and Department of Defense level programs at USAOTC during the period required for GAO to make a ruling on the protested contract award.

a. Justification:

There are currently over thirteen (13) tests being supported by the bridge contract, including the Business Information Training Modernization Auditability Program (BITMAP), Logistics Modernization Program (LMP), Mid-Tier Networking Vehicular Radio (MNVR), Network Integration Event (NIE) Logistics, Joint USFK (United States Forces Korea) Portal and Integrated Threat Recognition (JUPITR), Advanced Mobile Medium Power Source (AMPS) Low Velocity Air Drop (LVAD), Polaris Defense MRZR Ultra-Light Tactical Vehicle LVAD, UK 105mm Howitzer LVAD, UK Pinzqauer 4x4 LVAD, Motorized Grader LVAD, and Toyota HiLux LVAD.

If the current bridge contract is allowed to expire USAOTC will be unable to continue operational testing in accordance with its program’s approved acquisition schedule – which would constitute mission failure in meeting its statutory requirements in accordance with 10 U.S. Code sections 139 and 2399. Mission failure is not an option. Award of a contract to any other source would result in substantial duplication of cost to the Government that is not expected to be recovered through competition.

Direct test support for ongoing tests has an estimated cost $5.3 million during this extension period. The incumbent contractor, Combined Technical Services (CTS) is in-place and performing the on-going tests and its personnel are familiar with required contract terms and conditions. There will be no degradation of services in this highly technical requirement. Another contractor does not have sufficient equipment and trained manpower readily available on short notice to seamlessly assume the performance of these ongoing tests and services. For example, transfer to a new contractor would require recruitment of personnel having the specialty expertise required for each type of test, performing transfer and accountability of a large amount of GFP and preparation and approval of management and performance plans, verification of data, obtaining security clearances, familiarization with on-going tests – all of which would incur non-recoverable duplicative costs of $2 million (based on RFP’s 30 day phase-in period during which both contractors would be on-site) that would not be recaptured through competition. Extending this contract with CTS for 60 days is in the best interest of the Government.

b. Alternatives –

(1) Suspension of Contract support. The support services provided by the test support contractor are critical to mission accomplishment and cannot be suspended without major, if not critical, disruption to the USAOTC’s mission. Therefore, this alternative is not viable.

(2) Use of In-House Resources. The USAOTC relies heavily on contracted test support services. USAOTC lacks sufficient manpower, technical expertise and resources to perform the required test support services. This alternative is also not viable.

(3) Start a new competitive procurement. The competitive procurement which is the subject of corrective action has taken over two years to complete. Starting over with a new competitive procurement would take another two years and is not a viable alternative for meeting this immediate need.

6. EFFORTS TO OBTAIN COMPETITION: N/A. This is an extension on an interim bridge contract, W91151-14-C-0020, to continue services for the 60 day period that is required for GAO to make a ruling on a supplemental protest of contract award after corrective actions.

7. ACTIONS TO INCREASE COMPETITION: See paragraph 6, above

8. MARKET RESEARCH: Market research was completed for this requirement on 8 September 2014, and sources evaluated for their ability to support this requirement.

While the competition was robust for the actual award, competition for the interim action required for adjudicating the protest is impractical.

9. INTERESTED SOURCES: N/A.

10. OTHER FACTS:

a. Procurement History: Contract No. W91151-13-D-0005 was awarded 18 April

2013 to CTS at an estimated contract value of $50M. The acquisition was solicited as unrestricted and awarded to a single contractor. Contract award was protested during phase-in and prior to the performance start date of the contract. In response to the GAO protests, work was suspended under contract W91151-13-D-0005 and the Army decided to take corrective action. The agency’s corrective action was completed on 17 October 2013 and re-award of Contract No. W91151-13-D-0005 was made on 23 October 2013. Two GAO protests were filed (RAM and ManTech International Corporation) against the re-award of Contract No. W91151-13-D-0005 on 12 November 2013. In response to the GAO protests, the agency amended the solicitation and received revised proposals which were evaluated and a new Contract No. W91151-14- D-0013 was awarded to ManTech on 24 September 2014. Two GAO protests were filed by (RAM and CTS) against the award of Contract No. W91151-14-D-0013 in October 2014. In response to the GAO protests, the Army decided to once again take corrective actions. The agency’s corrective action was completed on 17 March 2015 and re-award of Contract No. W91151-13-D-0005 to CTS was approved. The contract was modified adjusting the period of performance and work was resumed under contract W91151-13- D-0005. The action was protested, work was once again suspended under contract W91151-13-D-0005 and we are now awaiting a GAO ruling on the protest.

a. The initial interim bridge contract W91151-13-C-0031 expired on 28 February

2014; all options to extend services on that contract were exercised.

b. A new interim bridge contract (W91151-14-C-0014) based on limited competition was awarded on 26 February 2014 with a performance start date of 1 March 2014.

c. Contract W91151-14-C-0014 was terminated for convenience on 11 March 2014 due to an administrative error in the Contract Line Item Number (CLIN) system that could not be corrected by modification.

d. Contract W91151-14-C-0018 was issued on 11 March 2014 as a replacement contract under the same terms and conditions as the previously cancelled contract.

e. An Agency protest to AMC was filed by RAM on 11 March 2014. Work was suspended on contract W91151-14-C-0018 on 17 March 2014.

f. After submission of the override request to ACC, MICC agreed to terminate the second interim bridge contract and issue a short term (two month) interim bridge contract. Contract W91151-14-C-0020 was awarded on 24 March 2014 with a performance start date of 25 March 2014. The contract was for one (1) month with a one (1) month option period. The period of performance for the base was 25 March 2014 and ended 24 April 2014. The option to extend services was exercised extending the contract to 24 July 2014. The option to extend services was exercised once more on 23 July 2014 extending the contract to 24 September 2014.

g. On 18 July 2014, the Government issued an amendment to the solicitation that provided baseline data pertaining to Task Authorization Requests (TARs) 9 through 12 in Attachment 17, Revised Cost Proposal and Baseline Data, and required Offerors to provide a detailed methodology if any differing labor categories or hours were substituted. The amendment further required this methodology to fully identify the basis and sufficiency of each substitution by labor category and hours; to crosswalk directly to the labor category descriptions provided as part of the Appendix A submission; and to directly match the revised cost proposal.

h. A competitive contract was awarded to ManTech on 24 September 2014. Two

GAO protests were filed (by RAM and CTS). The agency announced the intent to take corrective actions.

i. Contract W91151-14-C-0020 was once again extended until 4 April 2015 to complete corrective actions.

j. Corrective actions were completed and the contract was re-awarded to CTS on 24 March 2015. On 1 April 2015 RAM filed an Agency protest of contract re-award and on 3 April 2015 ManTech filed a GAO protest of contract re-award.

k. ManTech withdrew its GAO protest of contract re-award on 11 May 2015 and on

15 May 2015 RAM filed a Supplemental GAO protest.

l. Acquisition data availability: N/A.

11. TECHNICAL/REQUIREMENTS CERTIFICATION: I certify that the supporting data under my cognizance included in this Justification are accurate and complete to the best of my knowledge and belief.

12. MANAGEMENT REVIEW/APPROVAL: The requirement herein described is a valid requirement for the activity named in this Justification. The technical and requirements information contained in this Justification represent the minimum needs of the Government. The only way to satisfy this requirement is by limiting the competition as described herein.

13. FAIR AND REASONABLE COST DETERMINATION: I hereby determine that the anticipated price for this contract action will be fair and reasonable. The rates will be based on those currently determined to be fair and reasonable for the contract, subject to adjustments resulting from revisions to prevailing labor rates provided by the Secretary of Labor. Certified cost and pricing data was obtained.

14. PROCURING CONTRACTING OFFICER CERTIFICATION: I certify that this Justification is accurate and complete to the best of my knowledge and belief.

Approval

Based on the foregoing justification, I hereby approve the procurement of a 60 day extension for an estimated cost $5.3 million to the incumbent, CTS, for Test Support Services on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 2304(c) (1) as implemented by Federal Acquisition (FAR) 6.302-1, Only One Responsible Source and No Other Supplies or Services will Satisfy Agency Requirements, subject to the availability of funds and provided that the services herein described have otherwise been authorized for acquisition.

DEAN M CARSELLO

Special Advocate for Competition US Army Mission and Installation Contracting Command Ft Sam Houston TX