MICC_2015-96A1_Redacted.pdf

MICC Control No. 2015-96 Bragg-2015-11

JUSTIFICATION DOCUMENT

FOR EXCEPTION TO FAIR OPPORTUNITY

DESCRIPTION OF PROGRAM: Afghan Engineer Training Security Assistance Team (SAT) in Afghanistan for the U.S. Army Security Assistance Training Management Organization (SATMO).

Authority: This action is authorized under dual authority for following services: Training and Force Protection.

Training is authorized under provisions of Section 803 of the National Defense Authorization Act of 2002 (PL 107-107), as implemented by FAR Federal Acquisition Regulation (FAR) 16.505(b)(2)(i)(C) and Defense Federal Acquisition Regulation Supplement (DFARS) 216.505 (b)(2) ; 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.

Force Protection is authorized under provisions of Section 803 of the National Defense Authorization Act of 2002 (PL 107-107), as implemented by FAR 16.505(b)(2)(i)(A) and DFARS 216.505- (b)(2); the agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

Amount:

Prepared by:

Name: Phone:

Title: Contract Specialist Email:

Procuring Contracting Officer:

Name: Phone:

Title: Contracting Officer Email:

Technical/Requirements Representative:

Name: Phone:

Title: Regional Operations Chief, CENTCOM Email:

Management Representative:

Name: Phone:

Title: Deputy Director

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JUSTIFICATION DOCUMENT

FOR EXCEPTION TO FAIR OPPORTUNITY

AFGHAN ENGINEER TRAINING SECURITY ASSISTANCE TEAM (SAT) IN

AFGHANISTAN FOR THE U.S. ARMY SECURITY ASSISTANCE TRAINING

MANAGEMENT ORGANIZATION (SATMO)

1. CONTRACTING AGENCY: Mission and Installation Contracting Command Center – Fort Bragg, North Carolina (MICCC-FB).

2. DESCRIPTION OF ACTION: This action is to modify existing Task Order (TO), W911S0-09-D-0007-0011, with GovSource, Inc. (GSI) to extend the current period of performance which expires on 23 May 2015 for an additional six (6) months from 24 May 2015 – 24 November 2015. The estimated value of the proposed action is

. The TO is Fixed Price and will utilize “ASFF” funds under Foreign Military Sale (FMS) Case: J3-B-DAB-A1.

3. DESCRIPTION OF SUPPLIES/SERVICES: The Afghan National Army (ANA) Facility Engineers are quickly assuming responsibility for the operations and maintenance of over $1.1B in transferred Coalition Forces’ facilities and $8.3B in newly constructed Afghan Security Forces Fund facilities. Training for the ANA Facilities Engineers currently occurs at several regional training sites, and it focuses primarily on the very basic operations and maintenance skills associated with power generation, waste water treatment and clean water treatment.

The ANA Facility Engineer (FE) organizations are units consisting of administrative planning and management personnel, and workshop-level craftsmen. To both maximize and accelerate the effectiveness of new FE units, the ANA must be provided with experienced and knowledgeable engineer instructors at a centralized location, the ANA Engineer School (ANAES), to conduct standardized training. The main focus and objective of this service requirement is to provide additional training to the ANA Non-Commissioned Officers (NCOs) who are or will be assigned as FE Instructors to prepare them for serving as the permanent cadre at ANAES.

An initial 12-month TO (described in the background information, below) and the subsequent 6-month TO to which this extends an additional 6 months, provides for several courses of instruction intended to bring the Facility Engineer cadre to full capacity. In April of 2015, it was determined that the Afghan Facility Engineer instructors did not have the skills and in-depth knowledge to successfully teach the course independently and need instruction specifically on the course preparations work before official classes begin; it was at this time that this requirement for continued services arose. The ANA could not and still cannot execute their own contract actions due to a procurement freeze, which forced the coalition forces to execute many contracts for the ANA.

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The contractor will lead an 8-week one-on-one instruction training course (ITC) with the NCO FE course cadre, before the NCO class starts on/around 25 July 2015.

Preparation and ITC actions will include: review and revision of the program of instruction, practice instruction, classroom preparation, and ordering training materials. The contractor will then supervise and train the Cadre during the 16-week Facility Engineer NCO course starting on/around 25 July 2015 in order to prepare them for serving as the permanent cadre at the ANAES. To ensure that the Facility Engineer NCO course instructors are ready to independently train future Facility Engineers, instructors be fully trained NLT 30 November 2015.

Throughout the previous 18-month period, Force Protection (formerly known as Guardian Angel support) was provided by the United States Government. At this time, it is anticipated that these security support services will be removed by

, or earlier depending on circumstances, and force protection for contractor personnel will ultimately become the sole responsibility of GSI. The Government will incorporate a separate, priced contract line item number (CLIN) for these services on a monthly basis however, the contractor will not be able to invoice on this CLIN without a notice to proceed from the Contracting Officer. The Contractor will only be able to bill for force protection on those months services are received.

The place of performance for this effort is established installations within the Islamic Republic of Afghanistan located within the area of responsibility of U.S. Forces- Afghanistan (USFOR-A).

4. AUTHORITY CITED: This action is authorized under dual authority for following services: Training and Force Protection.

Training is authorized under provisions of Section 803 of the National Defense Authorization Act of 2002 (PL 107-107), FAR 16.505(b)(2), and DFARS 216.505- 70(b) and as implemented by 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.

Force Protection is authorized under provisions of Section 803 of the National Defense Authorization Act of 2002 (PL 107-107), FAR 16.505(b)(2), and DFARS 216.505-70(b) and as implemented by FAR 16.505(b)(2)(i)(A); the agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

5. REASON FOR AUTHORITY CITED:

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a. Background: TO W911S-09-D-0007-0010 was solicited through Request for Task Order Proposal (RTOP), W91247-13-SATMO-0009, issued on 04 September 2013. Fair opportunity was provided to all four (4) SATMO ID/IQ contractors. Three (3) SATMO ID/IQ contract holders submitted a proposal to the RTOP. TO W911S0-09-D-0007-0010 was awarded 30 September 2013, on a LPTA basis, for $9,544,291.96 to GovSource Inc.

(GSI) for a period of performance of 30 September 2013 through 29 September 2014. The higher value of this requirement is due to the multiple locations of performance in Afghanistan.

Current services are being provided under TO W911S0-09-D-0007-0011 which was issued on 25 November 2014 in the amount of $2,135,361.28.

This TO was issued directly to GSI under Justification for an Exception to Fair Opportunity, MICC Control No. 2015-13 approved by MICC Advocate for Competition on 3 November 2014 in accordance with 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.

GSI has been performing in a satisfactory manner throughout the current TO and the previous TO, W911S0-09-D-0007-0010.

b. Alternatives: There are two (2) basic alternatives to the recommended sole source under the authority FAR 16.505(b)(2)(i)(C) and FAR 16.505(b)(2)(i)(A):

i. Cease Support. If support is ceased, trainees who will be future instructors will not have received the specialized “Train-The- Trainer” competencies that will enable them to effectively mentor and facilitate knowledge acquisition for future ANA Facility Engineer NCOs. This will significantly degrade the ANA’s ability to build a professional corps of Facility Engineers in a timely manner, and it will have long-term impact on their overall sustainment of Afghanistan infrastructure. Proper maintenance of facilities by a skilled workforce enables the ANA to focus on combatting insurgents. The degradation of facilities and infrastructure reduces support to combat elements and shifts focus and resources from the operational mission. The fiscal impact of this FE training gap could exceed $1B in loss of infrastructure and facility readiness.

ii. Competitive Procurement. The need for additional training, to include Force Protection, was not identified until April 2015 and the MICCC-FB was not notified until May 2015. The time needed to

e. Impact: The current TO’s period of performance will end on 23 May 2015.

Without an extension to the TO in place, there will be an abrupt break in Afghan Engineer Training SAT support services. This will likely result in mission failure as ANA NCOs who are or will be assigned as FE Instructors will be untrained and unable to serve as the permanent cadre at ANAES. Scheduling for the 16-week Facility Engineer NCO course would also be further delayed. The major near term impact of that is without a trained cadre of Facility Engineers, the nearly $10B in newly constructed facilities would still not have a trained cadre of FEs to service and maintain them.

6. EFFORTS TO OBTAIN COMPETITION:

In efforts to obtain competition for the training portion of this TO, the market was assessed and determined stable. The specific type of services being acquired can still be procured under the SATMO ID/IQ, as services have been determined in-scope. At this time, there are only four (4) participants under the SATMO ID/IQ. Based on procurement lead time, a competitive action cannot be completed without mission failure. Therefore, it is in the best interest of the Government to proceed with a six (6) month extension to GSI.

GSI is already familiar with the environment and terrain eliminating the need for a PDSS. Additionally, GSI has already submitted an approved POI that has met the needs of the ANAES trainees with proven success. The 23 May 2015 required start date, less than two (2) weeks away, would be attainable as the typical lead-time and preparation time of approximately 8-10 weeks would not be required. Additionally, a modification to extend the current TO to GSI would result in economies and efficiencies which would save the Government approximately and approximately in procurement costs for a total savings of . Finally, failing to extend the current TO to GSI before current experienced personnel disperse could have a devastating impact to the objectives needed for the United States forces departing.

Without a well-trained Afghani facilities engineering force, billions of dollars of infrastructure provided to the Afghans over the last decade could deteriorate rendering it useless. Extending the TO directly to GSI is clearly the only viable alternative.

For the force protection portion, the need for these services was not apparent to the contracting office until early May 2015, less than three weeks ago. The initial IGCE was high enough that an expedited process would still take several months to accomplish. The contractor was able to solicit oral agreements within several days, and was able to secure a subcontractor that is performing similar services already within Afghanistan and will not need to

(b) (4) (b) (4) recruit, transport and get travelling documentation for a workforce from outside the region.

7. ACTIONS TO INCREASE COMPETITION: The Government believes future requirements can be competitively awarded on the existing SATMO ID/IQ contracts.

Working diligently to ensure sufficient time to compete follow on actions is a priority of the contracting office. The decision to modify the current TO for the training portion based on FAR 16.505(b)(2)(i)(C) as a follow-on requirement in the interest of economy and efficiency was due to a total cost savings of approximately .

The inclusion of Force Protection is based on FAR 16.505(b)(2)(i)(A) as the need for services is so urgent that providing a fair opportunity would result in unacceptable delays. When the need for force protection and the level of force required is more firmly established, having competitively awarded task orders for it will be the accepted manner for providing these services. The Government will continue to conduct market research to leverage changes in the marketplace into future competed actions.

8. MARKET RESEARCH: In accordance with PGI 216.505, Ordering, the Government completed planned actions identified in the previous J&A MICC 2015- 13, Part 7 Actions to Increase Competition. Market research was conducted and the Government determined that with advance notice, future requirements can be procured competitively under the existing SATMO ID/IQ as three (3) of the four (4) SATMO ID/IQ contract holders submitted responses to the original RTOP. However, due to the short lead time neither the government nor these other contractors could react quickly enough to avoid mission failure of this particular mission. Therefore, it is in the best interest of the Government to modify the current TO in the interest of economy and efficiency.

9. INTERESTED SOURCES: Four (4) SATMO ID/IQ sources that may be capable of providing services in the future are as follows: General Dynamics, GovSource, Inc., American Systems, and Northrop Grumman.

10. OTHER FACTS:

a. Procurement History:

(1) Procurement history is discussed in Part 5(a), Background.

b. Acquisition data availability: N/A

c. Unusual and compelling urgency: N/A

f. Subcontracting Competition: GSI is a Women-Owned Small Business, therefore, will assist the Mission and Installation Contracting Command Center in their small business goals.

g. The following are cost savings due to Economies and Efficiencies of awarding to the incumbent contractor:

i. Pre-Deployment Site Survey (PDSS) savings and Program of Instruction (POI). GSI is already familiar with the environment and conditions where the training will take place. Any other contractor would be required to survey the training environment and assess the terrain and conditions in order to formulate a viable POI. A typical PDSS would require a two-week time frame and is usually conducted by two contractor employees. Estimated savings for the PDSS and POI are and , respectively.

ii. CONUS Replacement Center (CRC) savings. GSI instructors have all attended CRC training within the past year, which means that GSI personnel would not have to re-attend CRC in order to execute this contract. Any other contractor would be required to send their personnel to CRC prior to deployment to Afghanistan. CRC is one week long and all six contractor personnel would have to attend.

Estimated savings in per diem, travel, and other expenses is per person, a total of .

iii. Administrative/Other savings. GSI was contacted on 07 May 2015 and confirmed that the personnel who are performing under Task Order W911S0-09-D-0007-0011, which is scheduled to end on 22 May 2015, are still available, and are ready to proceed in a timely fashion. Any other contractor would likely have to recruit, hire, and in-process personnel (approximately seven FTEs) which is likely a 30-day process. Estimated savings in Administrative/Other processes is approximately .

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

Name: Date:

Title: Regional Operations Chief, CENTCOM Signature:

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 in this exception to fair opportunity.

Title: Deputy Director Signature:

13. FAIR AND REASONABLE COST DETERMINATION: I hereby determine that the anticipated price for this contract action will be fair and reasonable. The techniques identified at FAR 15.404-1(b) will be used to ensure award will be at fair and reasonable prices. The Contracting Officer used a comparison of industry cost for similar work. The Independent Government Cost Estimate (IGCE) will primarily be an analysis of the contractor’s proposed cost. Additionally, the techniques identified at FAR 15.404-1(c)(2)(iii)(b) will be used to further ensure award will be at fair and reasonable prices. Certified Cost and Pricing Data will not be obtained.

Title: Contracting Officer Signature:

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

Name: Date:

Title: Contracting Officer Signature:

Name:

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MICC Control No. 2015-96-A1 Bragg-2015-11A1

JUSTIFICATION DOCUMENT

FOR EXCEPTION TO FAIR OPPORTUNITY

DESCRIPTION OF PROGRAM: Afghan Engineer Training Security Assistance Team (SAT) in Afghanistan for the U.S. Army Security Assistance Training Management Organization (SATMO).

Authority: This action is authorized under the following authority:

This action is authorized under provisions of Section 803 of the National Defense Authorization Act of 2002 (PL 107-107), as implemented by FAR Federal Acquisition Regulation (FAR) 16.505(b)(2)(i)(C) and Defense Federal Acquisition Regulation Supplement (DFARS) 216.505 (b)(2); 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.

Amendment 01: The time estimated in the original Justification Document for Exception to Fair Opportunity was not adequate. Therefore, this amendment will include an additional 37-days of performance from 25 November 2015 through 31 December 2015.

The dollar limit authorized in the original Justification Document for Exception to Fair Opportunity will not be exceeded because of the negotiated agreement between the Government and the Contractor.

Original Estimated Amount:

Amount for Amendment:

Cumulative Estimated Amount:

Prepared by:

Name: Phone:

Title: Contract Specialist Email:

Procuring Contracting Officer:

Name: Phone:

Title: Contracting Officer Email:

Technical/Requirements Representative:

Name: Phone:

Title: Regional Operations Chief, CENTCOM Email:

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Management Representative:

Name: Phone:

Title: Deputy Director Email:

1. 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 in this exception to fair opportunity.

Name: Date:

Title: Deputy Director Signature: _________ _

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

Name: Date:

Title: Contracting Officer Signature: __

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

Title: Contracts Attorney Signature: _

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Approval

I hereby approve this amendment of TO W911S0-09-D-0007-0011 for Afghanistan Facility Engineering to GovSource, Inc. for an additional 37-days under the original estimated value of This amendment does not materially change the justification for exception to fair opportunity originally authorized pursuant to the authority of Section 803 of the National Defense Authorization Act of 2002 (PL 107-107), as implemented by FAR 16.505(b)(2)(i)(C) and DFARS 216.505- (b)(2); 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.

Signature: ____________________________ Date: ___________________ Dean M. Carsello Advocate for Competition US Army Mission and Installation Contracting Command, Ft Sam Houston TX

Digitally signed by CARSELLO.DEAN.M DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=CARSELLO.DEAN.M.

Date: 2015.11.18 14:24:21 -06'00'

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