Eustis_JA_2017_50_--_Redacted_for_Posting.pdf

MICC Control No: 2017-50 Contractor: PAE National Security Solutions, LLC

Service: AWG Operations Support

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JUSTIFICATION REVIEW DOCUMENT

FAR PART 6 JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

Program/Equipment: US Army Training and Doctrine Command (TRADOC), Asymmetric Warfare Group (AWG) mission support services

Authority: 10 U.S.C. 2304(c)(1) as implemented by FAR Part 6.302-1 -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

Amount: $7,292,940

Prepared by:

Contracting Officer:

Technical:

Requirements:

FOR

Deputy Assistant Director, Small Business Program:

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FAR Part 6 Justification and Approval for Other than

Full and Open Competition

1. Contracting Activity: Mission and Installation Contracting Command, Ft. Eustis, 705 Washington Ave, Suite 126, Ft. Eustis, Virginia 23604

2. Description of Action: The United States Army Asymmetric Warfare Group (AWG) requests to extend performance under contract W911S0-13-C-0009 for a base period of one month with three one-month options with PAE National Security Solutions, LLC (referred to as PAE herein) until the Small Business Administration size challenge is resolved.

A new contract was anticipated for award on 12 April 17 with a required performance start date of 15 April 2017. A timely size challenge was received on 10 April 2017. The cost of this extension is estimated at $7,292,940.

3. Description of Supplies/Services: This extension for a base period of one month with three one-month option periods will allow for the continuation of non-personal and mission essential services for AWG Operations Support Services at Fort Meade, MD, Fort AP Hill, VA and OCONUS, until challenge resolution.

Base Period: 15JUN17 to 14JUL17 Value: $1,823,235 Option Period 1: 15JUL17 to 14AUG17 Value: $1,823,235 Option Period 2: 15AUG17 to 14SEP17 Value: $1,823,235 Option Period 3: 15SEP17 to 14OCT17 Value: $1,823,235

Total: $7,292,940

4. Authority Cited: 10 U.S.C. 2304(c)(1) as implemented by FAR Part 6.302-1 -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. Reason for Authority Cited: The anticipated award date has been put on hold due to the size challenge. The current contract with PAE expires on 14 June 2017; however, a phase-in of 60-days is absolutely necessary to facilitate transitional duties. The current contract is requested for extension in order to avoid any interruptions to the phase-in period and to allow sufficient time for this size challenge and any subsequent protest to be resolved. The initial 30-days will provide sufficient time for the size challenge to be resolved and the optional 1-month extensions will only be exercised if additional protests are received.

(a) Background: This extension is required in order to execute the necessary 60-day phase-in and to continue providing uninterrupted AWG support services. The one-month extension will start 15 June 2017 and end 14 July 2017. This extension will provide sufficient time to resolve the litigation challenges while continuing to provide the required support and alleviate any interruptions in the phase-in schedule. The SBA must render

Version – February 2017 FOR OFFICIAL USE ONLY Page 4 of 7 their decision by 2 May 2017, and this contract requires a 60-day phase-in period for the next contract. Shortening the phase-in period by any time is unacceptable to the Government. Contractors are deployed and embedded with Army Soldiers. The 60-day phase in period is required so the new contractor can recruit and hire all necessary personnel, in-process all personnel, provide mandatory training and obtain CAC cards, certifications and clearances to include personnel security clearances. The timing of changing out the incumbent contractor with the new contractor also depends on the missions, and a break-point which allows for a change-over must be attained. Defining the break-point is not just a matter of picking a date on the calendar.

(b) Alternatives: Alternatives and their potential impact are examined below. However, based upon all of the available information and potential negative impacts, extending contract W911S0-13-C-0009 for a base period of one-month with three one-month options is in the best interests of the government.

1) Forgo the services until the protest is resolved: Forgoing the AWG Operations Support Services is not a viable alternative because there is a clear and present need for the Army to continue these services. Without this extension of the current contract AWG will be unable to continue many of its critical mission requirements, support to TRADOC Army Warfighting Assessments (AWA), and numerous theater support requirements.

Fifteen current deployments will be at risk without continued contractor support.

Contractor personnel comprise 30% of AWG’s total workforce and 50% of the deploying workforce. If the extension does not occur, support missions to on-going combat operations in Iraq and Afghanistan will be reduced by at least 50% since contractors provide more than half of AWG deployable capabilities. Further reductions in AWG support include US Army Europe’s (USAREUR's) emerging operations (by approximately 50%) and support to US Army Pacific (USARPAC). Support to US Army Korea will be severely reduced as the AWG will be unable to execute its requirements under a US Forces Korea (USFK) Contingency OPLAN tasking. Participation in USFK's OPLAN exercise program will be reduced by 40% placing AWG at mission support failure. AWG's growing support to US Southern Command (SOUTHCOM), US Army South (USARSO), and Special Operations Command Sought (SOCSO) will cease, since manpower assets will be re-tasked to other higher priorities. Support to TRADOC's Futures and Army Warfighting Challenges will be severely degraded since over 50% of the Concepts Integration Squadron's manpower and functional experts are contractor personnel.

2) Extend the current contract the base period with three optional periods. The incumbent Contractor shall continue to provide personnel, expertise, and skills required to support AWG’s mission to observe, analyze, train, and advise Army and Joint Forces world-wide to successfully predict, mitigate, counter, and defeat asymmetric and emerging threats. Contractor continues to provide highly-qualified ARSOF and Army Special Mission Units (SMU) seasoned professionals with extensive combat experience in numbers to satisfy the PWS. The Contractor continues support of the five main AWG functional areas: Headquarters; Operations Squadrons; Training, Advisory, and

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Contractor: PAE National Security Solutions, LLC

Service: AWG Operations Support

Assessment Squadron; Concepts Integration Squadron; and the Asymmetric Warfare Training Center (AWTC) located at Fort A.P. Hill. If the small business status is successfully challenged and the current awardee is no longer eligible, another round of discussions will be required with those offerors remaining in the competitive range.

6. Efforts to Obtain Competition: The purpose of this extension is to secure the services of PAE to provide the on-going AWG Operations Support Services while the SBA protest is being resolved. PAE is currently providing these services and is the only contractor at this time with the capability of providing the required level of support without any disruption of services.

7. Actions to Increase Competition: This extension provides support services until the SBA has issued its decision. Competition was successfully achieved for the contract now being protested.

8. Market Research: Market research was not conducted for the extension for reasons discussed in paragraphs 6 and 7 above. Based on this information, competition for this action is not feasible.

9. Interested Sources: This requirement will not be synopsized in FedBizOpps pursuant to the exception located in the MICC Desk Book at 6.303(201)(a)(2), which states a Sources Sought Synopsis is not required when the justification is a result of a protest.

The waiver has been included in this document.

10. Other Facts: Procurement History:

(a) A single award Indefinite Delivery Indefinite Quantity (IDIQ) contract was used to fulfill the services required to support the AWG Operations requirement for five (5) years. The US Army Space and Missile Command (SMDC) awarded contract number W9113M-06- D-0005. Contractor: The Wexford Group International Inc. (large business); Ordering Period: 3 Jul 06 – 2 Jul 11. Contract maximum: $302.9M; Total Task Orders: 8.

(b) AWG was realigned under TRADOC. MICC, as TRADOC’s main contracting center was tasked with awarding the current contract, W911S0-13-C-0009. This was competed on an unrestricted basis for a base and two option years and was awarded to A-T Solutions, Inc. (now PAE National Security Solutions, LLC) with a total value of $64M on 27 June 2013. The period of performance began on 1 November 2013 due to protests, and the final option year expired on 14 June 2016.

(c) W911S0-13-C-0009 was extended for 12-months on 14 June 2016 to facilitate the proper solicitation and award of the follow-on contract (the action currently being challenged).

Service: AWG Operations Support

Approval

Based on the foregoing justification, I hereby approve the modification of contract number W911S0-13-C-0009 for the continuation of AWG services from PAE NSS, LLC for a one-month base period, with three one-month options on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 2304(c)(1) as implemented by FAR Part 6.302-1 -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, subject to availability of funds, and provided that the services or property herein described have otherwise been authorized for acquisition.

Scott D. Kukes Special Advocate for Competition

Date:

US Army Mission and Installation Contracting Command, Ft Sam Houston, TX

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11 May 2017

Subject: Waiver for sources sought synopsis /Request for Information due to Protest Date: Wednesday, September 23, 2015 4:24:48 PM

PARCs:

Unless waived, the contracting officer is required to post a request for information or a sources sought notice when utilizing the authority found at FAR 6.302-1. As provided by DFARS PGI 206.302-1(d) I hereby waive that posting requirement in this limited circumstance:

When, as a result of a protest, a contract or task/delivery order must be extended on a sole source basis pursuant to the authority of FAR 6.302-1.

The KO shall ensure that a copy of this email is attached to the approved J&A and placed in the contract file.

This policy is effective immediately and will be included in the next Desk Book revision at which time this email does not have to be attached to the J&A.