Redacted_Final_J A_51-16-D-0103-FH_19_May_16_MICC_2016-73_V1.pdf

Control No: MICC 2016-73 Contractor: .

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JUSTIFICATION REVIEW DOCUMENT

FAR PART 6 JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

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

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

Amount:

DSN:

Date:

Prepared by:

Name:

Title: Contract Officer Representative

Email:

DSN:

Date:

Contracting Officer:

Name:

Title: Contracting Officer Email:

DSN:

Date:

Technical/Requirements:

Name:

Title: Contract Officer's Representative

Email:

17 May 16

19 May 16

19 May 16

Contractor:

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Reviews: I have reviewed this justification and find it adequate to support other than full and open competition.

Program Manager/ Deputy Test Manager, Fires Test Directorate:

DSN:

Signature: _ Date:

Local Small Business Specialist Phone:

Signature: _ Date:

MICC Ft Hood Director Phone:

Signature: Date:

418th Contracts Attorney Name: Phone:

Signature: _ Date:

Digitally signed by ou=PKI, 17120 05/17/2016

Digitally signed by

1470 18 May 2016

05/18/2016

Digitally signed by

2 05/18/2016

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Department of the Army FAR Part 6 Justification and Approval for Other than

Full and Open Competition

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

2. Description of Action: Request approval of the Cost-Plus-Fixed-Fee (CPFF) interim contract ( ) issued on for up to one hundred twenty (120) days. The period of performance is from for test support services at Fort Sill, Oklahoma and Fort Bliss, Texas. Fiscal Year 2016 will be used.

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

3. Description of Supplies/Services: U.S. Army Operational Test Command ( ) has a statutory mission to conduct independent operational tests for material and equipment prior to full scale production in accordance with Title 10 U.S. Code Section 2399. This contract provides services in support of test mission. The contractor shall provide all labor, management, supervision, supplies and material to perform non-personal services required to support the operational test, data collection, and experimentation mission of . The contractor shall be required to perform testing, data collection, and experimentation in support of combined developmental and operational tests, 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 development and support for test report preparations. Developing software and/or execution scripts as required.

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

c. Maintenance and non-developmental item (NDI) enhancement to existing test instrumentation systems used during test operations.

d. Maintenance and dispatch services for test support vehicles and power generation equipment.

e. Design and build prototype instrumentation suites and associated mounting hardware as needed. Develop needed software and/or execution scripts to support system under test data collection and/or data processing requirements.

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f. Period of Performance: . Total Value:

4. Authority Cited: Title 10 U.S. Code Section 2304(c)(2) as implemented by Federal Acquisition (FAR) 6.302-2, Unusual and Compelling Urgency.

5. Reason for Authority Cited: A protest of the awarded Contract, was filed with the Government Accountability Office (GAO) on – an event not within the control of the Army. A “stop-work” order was issued to the incumbent and new awardee on . This interim contract was necessary to reestablish 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:

(1) Test support services were currently suspended; this is severely affecting the USAOTC mission. This interim contract will support nine (9) current operational test events supported by three (3) organizations, including the

In addition to the operational test events above, the contract also supports sustainment operations for two organizations (Ft. Bliss & Ft. Sill) that include information technology, security, and logistics support.

(2) If the interim contract was not awarded and executed, USAOTC could not reestablish current test activities and prepare for upcoming operational test events. An estimated daily loss of would have occurred due to lack of contract support. In accordance with its approved acquisition schedule – USAOTC would have risked mission failure for the support operations, as well as ongoing test technology development/testing for 3rd QTR FY16 tests to meet statutory requirements in accordance with Title 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 delays or cancellation of tests, potential loss of funding, and duplicative cost to the Government that will not be recovered through competition.

(3) Direct test support for ongoing tests has an estimated cost during this interim period. The incumbent contractor, . was currently performing a 30-day Phase Out in accordance with the Continuity of Services clause (52.237-3). This allowed continued performance on the on-going tests. The Phase-In actions were being executed with the new contract awardee – Due to the protest, a “stop-work” order was issued to the incumbent and new awardee, resulting in a complete stoppage of technical activities associated with mission.

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(4) personnel are trained and familiar with current technical requirements, contract terms, and conditions. The intent of this justification is to continue mission directed services in a highly technical test mission requirement. No other contractor has sufficient equipment and trained work force readily available to assume performance of these ongoing tests and services. Transitioning to a new contractor would require recruitment and/or transfer of personnel with the requisite expertise for each test event; preparation and approval of management and performance plans; verification of data; obtaining security clearances, and familiarization with on-going tests. These efforts would expend non-recoverable costs and competition would not recapture these costs. Awarding this contract to for up to 120-days, is in the best interest of and the US Government.

b. Alternatives:

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

(2) Start a new competitive procurement. The competitive procurement, which is the subject of the protest, has taken over two (2) years to complete. Starting a new competitive procurement would not be a viable alternative for meeting this immediate need because of substantial time to compete a requirement.

(3) Hiring of temporary government personnel. presently cannot hire without approval from higher headquarters. Even if approval is granted, there is a lengthy process (60 days to 6 months) for hiring actions and associated administrative processes; completion of training requirements; and obtaining security clearances. This is not a viable alternative for immediate need.

c. GAO Protest:

Contract A GAO protest ) was filed by The interim contract covers the period of performance for test support services until a GAO ruling is received. The resolution for the GAO protest is expected to be not later than .

6. Efforts to Obtain Competition: In accordance with FAR 5.202(a)(2), this action will not be synopsized.

7. Actions to Increase Competition: No actions were taken to attempt to obtain competition for this interim contract. The incumbent contractor currently performs these operational tests and has the extensive knowledge and personnel on hand that can perform these existing test events, which are currently ongoing. Competition was provided resulting in the protested award. This action provides the interim effort while

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8. Market Research: Specific market research in this case was not conducted.

However, market research was completed for the testing requirement on and sources were evaluated for their ability to support the requirement. While the competition was available for the actual award, competition for the interim action required for adjudicating the protest is impractical.

9. Interested Sources: In accordance with FAR 5.202(a)(2), this action will not be synopsized..

10. Other Facts:

Procurement History: was awarded . at an estimated contract value of in support of

USAOTC’s operational testing mission at at Fort Sill, Oklahoma. The acquisition was an 8(a) direct award with 10 U.S.C. 2304(c) (5) as the authority for using other than full and open competition. The contract was an Indefinite Delivery/Indefinite Quantity (IDIQ) contract utilizing CPFF task orders. The period of performance was for five (5) years from

. On , the ceiling of this contract was increased to in order to include test support requirements for located at Fort Bliss, Texas. On , the contract was modified to extend the contract in accordance with FAR 52.217-8 for a period of 6 months from

. At that time, the ceiling of the contract was also increased to . Prior to the expiration of the contract extension, six (6) Task Orders were issued to provide continuous support through . On an interim contract was issued on a sole source basis to ., in the amount of , to provide continued services for this requirement from . The milestone was set to have the new contract awarded by . The new contract was awarded on under a competitive 8(a) to at an estimated contract value of $91M. A post award conference was held on between the incumbent and the awardee to discuss transition of requirements. A debrief of the unsuccessful offerors ( ) was conducted on . Contract award was protested on during the 30-day phase-in/phase-out period and prior to the performance start date of the contract. In response to the GAO protest, a stop work was issued to , awardee of contract performing the phase-in, and , incumbent to contract , performing the phase-out, to await the GAO ruling on the protest. The incumbent graduated from the 8(a) program in 2011; therefore, the Small Business Administration removed this requirement from the 8(a) program temporarily so an interim contract could be awarded to the incumbent. Therefore, an interim contract was awarded to the incumbent, ., to continue services until .

(1) Contract No. was awarded

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. for five (5) years concluding at a contract value of The acquisition was solicited as a non-competitive 8(a) (minority owned - Native Alaskan) set aside and the option to extend services was exercised through and six (6) task orders were extended through

(2) At the conclusion of these six (6) task order extensions, a bridge contract ( ) was awarded to . on a sole source basis to continue services for the entire Fort Sill and Fort Bliss efforts and upcoming events from .

(3) Contract No. was awarded on 1 with a 30-day phase-in/phase-out with the incumbent.

(4) Post Award conference was held at Fort Bliss, Texas between the incumbent, , and the awardee, .

(5) Unsuccessful offerors debrief to and was conducted on .

(6) filed a protest at GAO on . A stop work order was issued on contract on , to both the incumbent and the new awardee.

(7) On , an interim contract awarded to .

with a period of performance of .

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11. 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.

Date: _____________________ _ Name:

Title: Contracting Officer's Representative

12. 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.

Date: _____________________ _ Name:

Title:

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated price for this contract action was fair and reasonable. The rates are based on those currently determined to be fair and reasonable from the previous contract ( ) subject to adjustments resulting from revisions to prevailing labor rates provided by the Secretary of Labor, an Independent Government Cost Estimate (IGCE), and DCAA audit. In addition, certified cost and pricing data was obtained.

Date: _ ___________ ______________ _________

Contracting Officer

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

Date: ___________

CHRISTOPHER.WENDELL.1079634480

o=U.S. Government, ou=DoD, ou=PKI, ou=USA, 05/19/2016 B

Digitally signed by BRYAN.WILLIAM.DEE.1168317120

05/19/2016 O Digitally signed by ORWIG.WESLEY.E.1077845638

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Approval

Based on the foregoing justification, I hereby approve the procurement of a 120-day interim contract for an estimated cost to the incumbent, for Test Support Services on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 2304(c) (2) as implemented by Federal Acquisition (FAR) 6.302-2, Unusual and Compelling Urgency, subject to the availability of funds and provided that the services herein described have otherwise been authorized for acquisition.

Date: Signature:

Special Advocate for Competition USA Mission and Installation Contracting Command, FSH TX

19 May 2016 50 -05'00'