20160106_J A_Redacted.pdf

MICC 2016-19 Leavenworth 2016-1

Justification and Approval Document for Other Than Full and Open Competition

DESCRIPTION OF PROGRAM: U.S. Army Combined Arms Center (CAC) Omnibus multiple award indefinite delivery indefinite quantity contracts (MATOCs)

Authority: Section 2304b.(b) of Title 10, United States Code as implemented by FAR 16.505(c)(3)

Estimated Amount: $13 million

Prepared by:

Name: DSN:

Title: Contract Specialist Date: 23 December 2015 Email:

Procuring Contracting Officer:

Name: DSN:

Title: Contracting Officer Date: 23 December 2015

Technical/Requirements Representative:

Title: Date: 23 December 2015

Management Representative:

Title: Date: 23 December 2015

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

Local Small Business Specialist: SBS not available, Director signs in lieu of

Signature: Date: 23 December 2015

Local Legal Counsel:

Director, MICC Fort Leavenworth

MICC Office of Counsel

Justification and Approval for Other Than Full and Open Competition

1. Contracting Activity: Mission and Installation Contracting Command (MICC) Fort Leavenworth

2. Description of Action: MICC - Fort Leavenworth intends to extend the performance (ordering) periods of ten multiple award indefinite delivery indefinite quantity contracts (MATOCs), identified below, to acquire support services to develop and produce education strategies, scientific human subject studies, doctrine, concepts, instruction and products for the U.S. Army’s Combined Arms Center (CAC), Fort Leavenworth, Kansas. These contracts are referred to as the CAC Omnibus Contracts and will be extended for six months (i.e., January 1, 2016 – June 30, 2016) to allow MICC – Fort Leavenworth to compete and award approximately nine task orders with an estimated value of $13,000,000. This extension will provide the Army additional time to award the follow-on MATOCs using competitive procedures. If the follow-on MATOCs are awarded during the extension period, then MICC – Fort Leavenworth intends to cease ordering under the current MATOCs and transition ordering to the new MATOCs. If the follow-on MATOCs are not awarded before the extension expires, then MICC – Fort Leavenworth will consider satisfying future requirements by using suitable existing contracts (e.g., other DoD agencies; GSA) or by awarding stand-alone contract actions through full and open competition or other appropriate acquisition procedures.

The MATOCs affected by this action are listed below:

Contract Contractor Business Size / Suite W911S0-11-D-0009 Engility Corporation Large / Unrestricted W911S0-11-D-0010 General Dynamics Large / Unrestricted W911S0-11-D-0011 Cubic Applications, Inc. Large / Unrestricted W911S0-11-D-0012 Booz Allen Hamilton Large / Unrestricted W911S0-11-D-0013 Beshenich Muir & Associates LLC Small Business W911S0-11-D-0014 GDS-MELE Joint Venture, LLC Small Business W911S0-11-D-0015 Logistics & Technology Svcs, Inc. Small Business W911S0-11-D-0016 SWMG Productions d/b/a/ nFocus Software Small Business

W911S0-11-D-0017 Potawatomi Training, LLC Small Business W911S0-11-D-0018 Prairie Quest, Inc. Small Business

3. Description of Supplies/Services:

On December 20, 2010, MICC – Fort Eustis awarded ten firm, fixed price MATOCs in an unrestricted and small business suite to acquire support services for the CAC in 18 Functional Areas. The current CAC Omnibus MATOCs include a one-year base period of performance (ordering period) and four one-year options. Performance began on

January 1, 2011 and will end on December 31, 2015, absent an extension. The maximum value or ceiling under these MATOCs is $260 million, against which, the Army has ordered approximately $204 million in services to date. MICC – Fort Leavenworth administers these contracts and provides contractors a fair opportunity to compete for Task Orders using the following procedures: Task Orders valued at $500,000 or less per year are reserved for the small business suite; Task Orders valued in excess of that amount are competed among all large and small business MATOC holders in the unrestricted suite.

The objective of the CAC Omnibus MATOCs is to acquire mission support services for the CAC which is responsible for developing and producing long-range training and education strategies, doctrine, concepts, instruction and products for the current and future force. The 18 Functional Areas support several major performance objectives identified below.

(i) Develop and sustain training management doctrine, processes, products and systems;

(ii) Manage, integrate, collaborate, develop and distribute Army, Joint and Multinational doctrinal publications;

(iii) Provide studies and analyses for Mission Command training and education concepts, strategies and scenarios to train and develop Army leaders;

(iv) Collect, analyze and integrate lessons learned and best practices across Doctrine, Organization, Training, Materiel, Leadership and Education, Personnel and Facilities (DOTMLPF);

(v) Educate and develop adaptive, agile and cognitive dominant Military and Civilian Leaders for the current and future force; and

(vi) Conduct curriculum analysis, design, develop and maintain current distance learning and/or Interactive Multimedia Instruction courseware and learning products to educate & train Army officers.

The Combined Acquisition Strategy and Plan, approved on December 17, 2009, characterized these support services as Contracted Advisory and Assistance Services (CAAS), primarily in the areas of: management and professional support services; and studies, analyses and evaluations, as defined in FAR 2.101.

The Army has identified approximately nine additional task orders that may be competed and awarded during the requested six month extension period. Key data about those requirements are summarized below. The requirements are well defined and definite. The Multi Source Assessment and Feedback (MSAF) Support and Sexual Harassment / Assault and Response Program (SHARP) Initial Military Training & Drill Sergeant Training requirements are expected to include an option year. Army Regulation 350-1 requires all Army leaders, military or Civilian, to utilize the MSAF program for self-development. NDAA 2012 Section 585, paragraph a(2) specifically requires SHARP training for every new soldier during Initial Military Training. These two programs, one with statutory requirements and the other with regulatory requirements, are utilized Army-wide and considered mission critical as the Combined Arms Center is the proponent for managing and maintaining these programs. It is anticipated that the JCIDS requirements will be determined to be non-severable service requirements with periods of performance that could exceed 12 months.

Projected Task Order Requirements Projected Award Date Projected Suite MSAF Support March 2016 Unrestricted SHARP Initial Military Training & Drill Sergeant Training

March 2016 Unrestricted

Concepts and Doctrine Directorate – Visual Information Support

June 2016 Small Business

Concepts and Doctrine Directorate – Doctrine & Literature Review

June 2016 Small Business

Personnel Recovery Training Development

To Be Determined Unrestricted

JCIDS - TRADOC Capabilities Manager Analytical Support

To Be Determined Small Business

JCIDS - Command Post (CP) 2025 To Be Determined Small Business JCIDS - CP Computing Environment Unified Actions Integration

To Be Determined Small Business

JCIDS - Combined Arms Operations at Echelons Above Brigade

To Be Determined Unrestricted

4. Authority Cited: This action is authorized under Federal Acquisition Regulation (FAR) 6.302-5, Authorized or Required by Statute, and 10 U.S.C. § 2304b.(g)(1), Contract Extensions for Advisory and Assistance Services Task Order Contracts, as implemented in FAR 16.505(c)(3), Limitation on Ordering Period for Task Order Contracts for Advisory and Assistance Services.

5. Reason for Authority Cited:

Section 2304b.(b) of Title 10, United States Code, limits the period of a task order contract for advisory and assistance services to five years. Section 2304b.(g)(1) creates a limited exception that allows an agency to extend a CAAS contract “on a sole source basis for a period not exceeding six months” if the following determinations are made:

(A) the award of a follow-on contract has been delayed by circumstances that were not reasonably foreseeable at the time the initial contract was entered into; and

(B) the extension is necessary in order to ensure continuity of the receipt of services pending the award of, and commencement of performance under, the follow-on contract.

This authority may be used only once and only in accordance with the limitations specified above. This authority is implemented in FAR 16.505(c)(3) and authorizes “the contracting officer, or other official designated by the head of an agency,” to make these determinations.

These limitations are satisfied here. Award of the follow-on CAC Omnibus MATOCs have been delayed by circumstances that were not reasonably foreseeable at the time the Army awarded the initial contracts in December 2010.

MICC – Fort Eustis initiated acquisition planning for the follow-on effort in March 2014, about 21 months before the current contracts were to expire. Normally, the procurement administrative lead time (PALT) to solicit, evaluate, and award a contract for a service acquisition of this value and complexity is approximately 463 days, or about 15.5 months.

In early March 2015, MICC – Fort Eustis prepared a preliminary acquisition strategy under which the Army would again award stand-alone MATOCs. On March 16, 2015, the Deputy Assistant Secretary of the Army (Procurement) (DASA (P)) entered into a memorandum of understanding with the General Services Administration’s (GSA) Deputy Commissioner for the Federal Acquisition Service, which designated GSA’s “One Acquisition Solution for Integrated Services” unrestricted (OASIS) and small business contract (OASIS-SB) vehicles as Army Strategic Sourcing Initiatives for complex acquisitions. On March 27, 2015, DASA (P) published PARC (Principal Assistant Responsible for Contracting) Policy Alert 15-65 which “strongly encouraged” Army procurement officials to consider using OASIS contracts to satisfy appropriate requirements. As a result, MICC – Fort Eustis conducted further market research to determine the suitability of OASIS contracts to satisfy the CAC Omnibus requirements.

Between March and July, MICC – Fort Eustis assessed capability statements from fourteen large and small businesses before concluding that the OASIS contractors had the capability to perform the CAC Omnibus requirements. On July 21, 2015, MICC – Fort Eustis published a Special Notice on Federal Business Opportunities, announcing its intention to use GSA’s OASIS contracts, rather than awarding stand-alone contracts.

On July 24, 2015, in response to several congressional inquiries, the Army reconsidered that strategy and determined that OASIS would not be used because it prevented several local small business concerns from competing for the follow-on requirement because they did not have and could not obtain an OASIS contract.

Although acquisition planning was initiated in a timely manner, these subsequent events were unforeseen and have delayed award of the follow-on contracts. For five months, MICC – Fort Eustis devoted its resources to conducting additional market research; as a result, during that time, all efforts to create and/or revise the documents necessary to solicit, evaluate and award the follow-on effort (e.g., acquisition strategy, performance work statement, source selection plan and solicitation) were placed on hold pending the outcome of the additional analysis because of the obvious impact it could have on the procedural requirements of the selected acquisition approach. Because the final acquisition approach was not approved until late July, MICC – Fort Eustis was unable to devote any significant resources to toward this procurement while it executed other end of year procurement priorities. Currently, MICC – Fort Eustis is projecting award of the follow-on contract by September 28, 2016. The projected award date accounts for the time during which the Army’s efforts were devoted exclusively to market research and allows for additional time necessary to comply with procurement and internal regulations governing the establishment of CAAS contracts.

The extension is necessary to ensure continuity of services, pending award of the follow-on CAC Omnibus MATOCs, if possible. If the follow-on MATOCs are not awarded before the extension expires, then MICC – Fort Leavenworth will consider satisfying future requirements by using suitable existing contracts (e.g., other DoD agencies; GSA) or by awarding stand-alone contract actions through full and open competition or other appropriate acquisition procedures.

Extending the current MATOCs is necessary because of the unforeseen delays mentioned above and because of the need to acquire these CAAS requirements using streamlined fair opportunity procedures. If the MATOCs are not extended, this will create a significant risk for a break in service. This is especially true for the projected requirements valued above the simplified acquisition threshold, which must be competed using full and open procedures or acquired through other appropriate competitive procedures if the Omnibus MATOCs are not available. Generally, acquiring services by task order on existing contracts or as stand-alone contracts would require three to six months to compete and award. Many of the requirements being acquired under the Omnibus MATOCs involve CAAS; acquiring CAAS services under new contracts or task orders outside of the Omnibus MATOCs is expected to prolong the PALT because of the need for the Army to make the determinations required under FAR

37.204 and to comply with internal Army policies (AR 5-14, Management of CAAS) governing the creation and management of new CAAS contract actions. There is insufficient time for the Army to obtain the required CAAS approvals and to compete the projected requirements outside of the Omnibus MATOCs before performance of those services are required.

6. Efforts to Obtain Competition:

a. Effective Competition. The Army has conducted extensive market research for the follow-on CAC Omnibus MATOCs. These efforts included an industry day held in March 2014 at Fort Leavenworth which educated the 70 companies in attendance about the nature of and projected revisions to the requirement, and a sources sought notice published August 2014 which resulted in the submission of 18 capability statements.

The Army has complemented those efforts by soliciting and evaluating capability statements of another fourteen businesses holding GSA OASIS contracts. These efforts demonstrate the existence of robust competition for the follow-on effort among incumbent contractors, GSA OASIS contractors and other prospective offerors.

The Army has not conducted market research focused solely on the ability of other companies to support the task orders projected to be solicited and awarded during the extension period. Existence of that capability is presumed to exist in the market place based on the market research results for the follow-on MATOCs. Extending the current MATOCs is necessary here because of the unforeseen delays mentioned above and because of the need to acquire these CAAS requirements using streamlined fair opportunity procedures. There is insufficient time for the Army to obtain the required CAAS approvals and to compete the projected requirements outside of the Omnibus MATOCs before performance of those services are required.

Moreover, although market research identified GSA’s OASIS contracts as suitable alternatives, those contracts cannot be used to satisfy all CAC requirements. The labor categories under the GSA OASIS contracts are considered professional services efforts of bona-fide executive, administrative, and professional employees as defined under 29 CFR § 541. A portion of the CAC’s requirements are performed by labor categories governed by the Service Contract Act which may only be used as ancillary support under OASIS. Finally, MICC Leavenworth’s attempt to use OASIS for a prior Omnibus requirement (Virtual Staff Ride Support in October 2015) resulted in the submission of only one response which raised concerns about the Army’s ability to obtain adequate competition for some of the unique requirements to be acquired during the extension period.

b. Subcontracting competition. Not Applicable to MATOCs.

7. Actions to Increase Competition: Because of the unforeseen delays mentioned above, there is insufficient time for the Army to obtain the required CAAS approvals and to compete the requirements projected to be awarded during the six month extension period outside of the CAC Omnibus MATOCs before performance of those services are required.

8. Market Research: Market research conducted for the follow-on procurement between March 2014 and July 2015 has shown that there is substantial capability and interest to support and successfully award MATOCs to two suites of vendors, a large suite and a small suite, similar to the current MATOCs. However, because of the unforeseen delays noted above, there is insufficient time for the Army to obtain the required CAAS approvals and to compete the projected requirements outside of the Omnibus MATOCs before those services are required.

9. Interested Sources: Incumbent contractors, GSA OASIS contractors and other prospective offerors have demonstrated an interest in competing for the follow-on MATOCs. Interest among these vendors is presumed to exist for task orders above the simplified acquisition threshold that are to projected to be awarded during the extension period given the results of the market research. The Army has not requested other offerors to identify their interest in these or the other task orders to be acquired during the extension period because there is insufficient time for the Army to obtain the required CAAS approvals and to compete the projected requirements outside of the Omnibus MATOCs before performance of those services are required.

10. Other Facts:

a. Procurement History.

(1) Prior to the current CAC MATOCs, the Omnibus requirements were acquired using full and open competition through the four contracts below. Three were awarded to large businesses and one to a small business.

(i) MATOCs DABJ01-03-D-0031 and DABJ01-03-D-0033 provided CAC support for the period September 1, 2003 – February 28, 2009.

(ii) MATOCs W912SU-04-D-0009 and W912SU-04-D-0010 provided CAC support for the period May 7, 2004 – November 16, 2009.

(2) The current MATOCs do not have any unusual procurement patterns of consecutive or urgent buys.

b. Other Facts. Not Applicable.

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.

Typed Name: Date: 23 December 2015

Title: Signature:

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.

Typed Name: Date: 23 December 2015

Title: Signature:

13. Fair and Reasonable Cost Determination:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable based on competition. This basis for this determination is based on FAR 15.404-1(b)(2)(i), comparison of proposed prices received in response to the solicitation. There are existing pricing tables which include labor categories and ceiling rates that are used when each task order is awarded. These rates were determined to be fair and reasonable when the vehicle was awarded. Certified cost or pricing data will is not required, IAW FAR 15.403-1(b)(1), adequate price competition.

Typed Name: Date: 23 December 2015

Title: Signature:

14. Contracting Officer Certification:

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

Typed Name: Date: 23 December 2015

Title: Signature: