JA_Redacted.pdf

Control Number: MICC 2017-39 Contractor: Ahtna Support Training Services

Program: WSMR Up-range Security Services

FOR OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

FAR PART 6 JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

Description of Program: Up-range Security Services for White Sands Missile Range

Authority: 10 U.S.C. 2304(c)(2), as implemented by FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services will Satisfy Agency Needs.

Estimated Amount:

Prepared by:

Contracting Officer:

Technical:

Requirements:

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

Program Manager:

Signature: _________________________ Date: 26 April 2017

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

Program: WSMR Up-range Security Services

FOR OFFICIAL USE ONLY

Local Small Business Specialist:

DSN:

Signature: __________________ Date:

Local Legal Counsel:

DSN:

Signature: ____See Attached Signature Sheet_____ Date: See Digital Signature

Acting Director, MICC-Bliss:

Signature: _ ______________ Date: See Digital Signature

Deputy Assistant Director, Small Business Program:

DSN:

Signature: _ _ Date: See Digital Signature

04/28/17

D

MICC Office of Counsel:

DSN:

a a a Signature: Date: See Digital Signature

Program: WSMR Up-range Security Services

Version – February 2017 FOR OFFICIAL USE ONLY

JUSTIFICATION DOCUMENT

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Agency: Mission and Installation contracting Command – Fort Bliss (MICC-Fort Bliss), 1733 Pleasanton Road, Fort Bliss, TX 79916

2. Description of Action: The Installation Management Command (IMCOM) and Army Test and Evaluation (ATEC) request approval to extend the current contract, W911SG-16-P-0156, by four (4) months. Contract W911SG-16-P-0156 is a Firm Fixed Price (FFP) contract that was awarded to Ahtna Support Training Services (ASTS), an Alaskan company previously in the Small Business Administration’s 8(a) business development program. The Government awarded this contract on 30 September 2016 due to a Government Accountability Office (GAO) protest received in response to award of the five-year follow-on contract for Up-Range Security support Services to MISTIC, Inc. under contract W911SG-16-C-0008 on 16 September 2016. The additional four (4) months is projected to be awarded by 30 April 2017 to prevent a break in guard service performance. Fiscal Year 2017 Operations and Maintenance funds will be used. An acquisition plan is not required because this procurement action does not meet the threshold at Defense Federal Acquisition Supplement. Paragraph 207.103(d)(i)(B).

3. Description of Supplies Services: The U.S. Army Installation Management Command (IMCOM) has a statutory mission to provide base life support services and security for WSMR in support of the Army Test and Evaluation (ATEC) command test mission. This non-personal services contract provides security guard services for the northern range portion of WSMR, New Mexico. The northern range is a restricted area and only authorized personnel are allowed access. The contractor is required to provide security guard services that include roving patrols, posted guards, access control, road blocks and security sweeps in support of the test range mission. The contract’s period of performance end date will be extended from 30 April 17 to 31 August 17 to allow the completion of the corrective action plan based on the GAO protest. Total value of the contract will be increased by approximately .

4. Authority Cited: This action is authorized under provisions 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 requirement.

5. Reason for Authority Cited: As described at FAR 6.302-1(a)(2), when the supplies or services required by the agency are available only from one responsible source, or for DoD, NASA and the Coast Guard, from only one or a limited number of responsible sources, and no other types of supplies or services will satisfy agency requirements, full and open competition need not be provided for.

Program: WSMR Up-range Security Services

Version – February 2017 FOR OFFICIAL USE ONLY

a. Background:

1) WSMR regularly conducts live ordnance testing of a sensitive nature. Access to the range must be controlled for personnel safety and security of sensitive test projects. Failure to provide security services in the northern part of the range will compromise safety and national security. The requirement for security support services has been continuously contracted since 1973. Since that time, the law has changed and does not allow new acquisitions for security guard services. DFARS clause 237.102-70 allows the Government to continue contracting for this support as long as the support remains continuous with no lapse in service. Should this service lapse, WSMR would no longer be able to contract for these vital security services.

2) The Mission and Installation Contracting Command-Fort Bliss awarded contract W911SG-16-C-0008 on 16 September 2016 for Up-range Security Services for a base and 4 option years based on a competitive solicitation. Subsequently, a post award protest was filed with the Government Accountability Office (GAO) by Ahtna Facility Services (AFS), a sister company to the incumbent contractor, on 26 September 2016. A Competition in Contracting Act (CICA) Stay was directed and a stop-work order was issued to the awardee (MISTIC) on 27 September 2016. An interim (bridge) contract was issued under FAR 6.302-2, Unusual and Compelling Urgency for a period of four (4) months to allow adequate time for GAO to issue a protest decision. The issuance of a bridge contract was required because the services obtained are critical to WSMR installation safety and security programs, and WSMR does not have the internal resources to provide this critical mission need.

Subsequently, a corrective action was submitted to GAO and, as a result, the GAO dismissed the protest.

3) The corrective action required reconvening of the Source Selection Evaluation Board and the re-evaluation of all proposals received. A second bridge action was required as there was insufficient time remaining under the above J&A to complete the corrective action and award a follow-on contract. Therefore, a three-month extension to the incumbent was approved in January 2017 by the Contracting Officer under FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements.

4) Currently the re-evaluations have not yet been completed and this will require an extension of an additional four (4) months to the current contract to complete the efforts with the follow-on procurement.

b. Alternatives;

1) Forego Service: This is not a viable option as the contract provides security services at WSMR’s range areas. As such its performance not only protects the military and DA civilians working at WSMR; it also protects the general public residing

Program: WSMR Up-range Security Services

Version – February 2017 FOR OFFICIAL USE ONLY adjacent to WSMR. In addition, WSMR will lose this service if the contract expires without a replacement. This loss would happen as under 10 USC 2465, the Department of Defense (DoD) is prohibited from entering into contracts for the performance of security guard services at a military installation or function. However, in DFARS 237-70(a)(3), an exception exists to this prohibition; specifically if the contract (or renewal of a contract) is for the performance of a function that was under contract prior to 24 September 1983. These guard service have been obtained by WSMR under contract since before that date and the services have been continuously performed under a series of renewal contracts with this four-month period the latest.

2) Competitively award a new services contract is not considered a viable option.

The current requirement is for an interim service (bridging action) to provide security guard functions for a four-month period to allow MICC-Fort Bliss to complete its pre-award duties and award a follow-on contract. There is insufficient time for developing, soliciting, evaluating and awarding a new competitive contract (estimated at 180 days).

Furthermore, if a competitive contract was awarded, any new contractor would require additional time (due to a lack of specific mission support corporate knowledge) to obtain and mobilize the proper equipment to perform, pursue and completely set up its operations at Fort Bliss while ensuring trained personnel are hired for full performance to begin by 1 May 2017. In addition, the Government would incur the cost associated with potentially two (2) phase-in/phase-out periods within a 120-day period. The cost of which is not expected to be recouped by a reduced price for performance. Especially since there is a collective bargaining agreement that would limit the potential for reduced labor costs which constitutes the majority of the contract’s price.

3) Finally, utilizing Directorate of Emergency Services (DES) or borrowed military or Department of Army (DA) civilian manpower to perform up-range security services is also not a viable option. WSMR does not have the necessary DES, military or DA civilian manpower to perform the required security guard services in a competent, safe and effective manner while still performing its primary mission of testing. WSMR’s limited number of personnel are already assigned to mission test support functions critical to WSMR’s accomplishment of its testing mission. Therefore, neither DES, military or DA civilians can be diverted to perform the required guard services.

c. Justification: Awarding this action to ASTS for a period of four (4) months is in the best interests of WSMR and DoD as it will ensure these mission essential services are provided without a break in service. Again, a break in service will result in the loss of these guard services as the DFARS exception, which to date has allowed contracted guard services, will no longer apply. This extension will provide the minimum required time to complete the initial evaluation reviews, conduct negotiations, provide time for vendors to provide revised proposals, conduct re-evaluation, award and conduct contract phase-in/phase out. No other contractor has sufficient equipment and trained workforce readily available to assume performance of security services. ASTS personnel are trained and familiar with current technical requirements, contract terms, and conditions.

Program: WSMR Up-range Security Services

Version – February 2017 FOR OFFICIAL USE ONLY

d. GAO, on 28 October 2016, dismissed the protest based on the submission of corrective action to be taken to address the protest. Subsequently, the contracting activity began its re-evaluation of the proposal based on the corrective action submitted to GAO. The re-evaluation has been completed and corresponding documentation is being finalized. Based on the technical and pricing evaluations, a determination has been made that negotiations are required. This will require four (4) additional months to open and conduct discussions, provide time for final revised proposals to be submitted and evaluated and for a new contract to be awarded.

e. Prior Acquisitions:

1) Prior to award to Ahtna, the services were being provided by Ephor, LLC under contract W9124Q-14-C-0001, as a 100% Small Business set-aside, awarded by the MICC-WSMR office on 1 October 2013. However, during the base period of performance and first option year of the contract, the contractor did not perform successfully. As a result, the requiring activity requested that the second option year not be exercised; thereby, creating an immediate need to put a replacement contract in place. The Government, based on its immediate need, awarded a sole source bridge contract, W9124Q-15-C-0001, to Ahtna STS, an Alaskan Native Corporation in coordination with the Small Business Administration. This bridge contract provided the Government time to plan, solicit, and award a competitive follow-on contract. A Request for Proposal (RFP) was issued on 6 May 2016. Three (3) amendments were issued to respond to questions and correct administrative errors. Six (6) proposals were receive by the 24 Jun 2016 closing date. A Lowest Priced Technically Acceptable source selection was conducted and, based on the results, a contract was awarded to Matrix International Security Training (MISTIC), Inc. on 16 September 2016. A post-award protest of this competitive contract to MISTIC was filed by Ahtna Facility Services, Inc. on 26 September 2016 and subsequently dismissed based upon the Government’s intended corrective action.

2) Additional contractual history is at paragraph 10 below.

f. Impact of not approving this Justification and Approval: The impact would be catastrophic to the Government since the requirement for security support services has been continuously contracted since 1973. Since that time, the law has changed and does not allow new acquisitions for security guard services. DFARS clause 237.102-70 allows the Government to continue contracting for this support as long as the support remains continuous with no lapse in service. Should this service lapse, WSMR would no longer be able to contract for these vital security services.

6. Efforts to Obtain Competition: A Sources Sought Synopsis was issued in accordance with the MICC Desk Book, page 67, paragraph 6.303(201). Only two response were received to include one of the Contractor’s whose technical evaluation is being reviewed as part of the corrective action on the GAO protest received against

Program: WSMR Up-range Security Services

Version – February 2017 FOR OFFICIAL USE ONLY contract W911SG-16-C-0008.

a. Effective Competition: Because this is a sole source action, effective competition is not applicable.

b. Subcontracting Competition: Subcontracting competition is not required since this action is being awarded to an Alaska Native Corporation which is considered a minority and economically disadvantaged concern under the criteria at 43 U.S.C.

1626(e)(1). Therefore, as per FAR part 19.702(b)(1), the awardee is not required to submit a subcontracting plan.

7. Actions to Increase Competition: No other action was taken to increase competition for this four (4) month extension of the current bridge contract. The corrective action approved by GAO required only the re-evaluation of all six (6) proposals submitted. There was no requirement to solicit additional responses from industry. Industry had adequate opportunity to respond to the request for proposals and adequate competition was obtained during the solicitation period with six (6) vendors submitting proposals.

8. Market Research: In accordance with Defense Federal Acquisition Regulation Supplement (DFARS) 205.205-71, DFARS 206.302-1(d), and DFARS Procedures, Guidance and Information (PGI) 206.302-1(d), a Sources Sought Synopsis was published in Federal Business Opportunities on 5 April 2017 in accordance with the MICC Desk Book, page 67, paragraph 6.303(201). The closing date was 19 April 2017 at 3:00 p.m. Mountain Time. The results are in the following paragraph 9.

9. Interested Sources:

a. Although no actual proposals have been submitted, the following responded as interested vendors:

1) International Counterintelligence Services of Colorado LLC, (ICS of Colorado) 2851 S. Parker Rd. #1044, Aurora, CO 80014 ph. 800-828-9198; email:

www.icsprotectiveservices.com; DUNS: 013931247; Cage Code: 7TMZ4; Business Size: Small Business, pending 8(a) certification.

Large Business.

Size: Small Business.

b. All vendor provided information was reviewed by the Contracting Officer who subsequently determined that none demonstrated a capability to assume contract performance within the time available.

Program: WSMR Up-range Security Services

Version – February 2017 FOR OFFICIAL USE ONLY

10. Other Facts:

a. Procurement History:

1) Contract W9124Q-15-C-0001 was awarded to Ahtna Support and Training SVS with a Period of Performance (POP) of 16 February 2015 to 15 February 2016.

This contract was awarded as an 8(a) Direct Award in accordance with FAR 19.805-1, with the agreement of the Small Business Administration (SBA), as a one-time solution due to urgent and compelling situation and it would come out of the 8(a) program at the completion date of this contract.

2) Contract W9124Q-14-C-0001 was awarded to Ephor LLC with a POP of 1 November 2013 to 30 November 2018 as a competitive total small business set-aside.

The solicitation was posted on FedBizOpps and nine (9) proposals were received.

However, the contractor was not performing successfully and was threatening to default on his contractual obligations if an equitable adjustment of over was not granted.

Ultimately, the contract was allowed to expire by not exercising the options and the above bridge contract was put in place.

3) Contract DATM01-02-C-0057 was awarded to C&D Security with a period of performance of 1 October 2002 to 30 September 2013 as a competitive 100% small business set-aside. Two (2) proposals were received and award was based on trade-off analysis.

4) Contract DAAD07-98-C-0151 was awarded to C&D Security with a period of performance of 1 October 1998 to 30 September 2002 as a competitive 100% small business set-aside. Eight (*) proposals were received and award was based on the use of trade-off analysis.

Program: WSMR Up-range Security Services

FOR OFFICIAL USE ONLY

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

Date:

Contracting Officer

Signature: ___________________________

Program: WSMR Up-range Security Services

Version – February 2017 FOR OFFICIAL USE ONLY

Approval

Based on the foregoing justification, I hereby approve the procurement of Up-Range Security Services to Ahtna Support Training Services (ASTS) for an estimated 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 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.

SCOTT D. KUKES

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