BEI_Exception_to_Fair_Opportunity_-_Final_(005)pdf.pdf

Control Number: 18-26 W911W4-14-D-0018, TO # 0003

Department of the Army Justification and Approval for an Exception to Fair Opportunity

1. Contracting Activity: The Army Contracting Command-Warren (ACC-WRN) is the procuring activity for this action.

2. Description of Action: This Justification and Approval (J&A) authorizes the use of exception to fair opportunity procedures to fulfill a current Biometrics Enabled Intelligence requirement, while the government addresses a 29 January 2018 protest of the competitively awarded task order. A sole source bridge task order will be issued to Integral Consulting Services, Inc., 2101 Gaither Road, Suite 410, Rockville, MD 20850 under Global Intelligence Support Services (GISS) contract W911W4-14-D-0018. The GISS contract is a hybrid indefinite-delivery, indefinite quantity (IDIQ) contract under which task orders for intelligence services, such as the proposed instant action, are awarded under the provisions of Federal Acquisition Regulation (FAR) 16.505. The proposed contract type is Cost Plus Fixed Fee (CPFF) for labor and Cost Only for Other Direct Costs. FY18 Operations and Maintenance (OMA) and Overseas Contingency Operations (OCO) funds will be used and the proposed period of performance will run from 05 March 2018 to 10 August 2018.

3. Description of the Supply or Service Purchased:

a. The National Ground Intelligence Center (NGIC) provides All Source and Geospatial Intelligence on foreign ground force capabilities and related military technologies and integrates with Mission Partners to ensure the U.S. Army, Department of Defense (DoD), Joint, and National level decision makers maintain decision advantage to protect the U.S. and interests abroad.

b. The service to be purchased includes the day-to-day administration of the NGIC Biometric Intelligence Program (BIP)--the primary DoD 24/7 Biometric-Enabled Intelligence (BEI) effort. The Contractor shall manage and provide analytical support for the following:

• NGIC BIP Biometric Multi-Modal Team, which works through all DNA and latent match notifications to known and unknown identities;

• NGIC BIP Biometric Enabled Watchlist (BEWL) Team;

• NGIC BIP Afghan Counterinsurgency (COIN) Team, which provides for direct support to deployed forces;

• NGIC BIP Counterintelligence/Force Protection Team in direct support to CENTCOM’s CI Cell; and

• NGIC BIP OCONUS analysts embedded with conventional forces and forensic labs; and the NGIC BIP Identity Intelligence Tradecraft Team, which trains and briefs on DoD and interagency activities in BEI.

c. The estimated dollar value for this action is $8.05 Million.

4. Authority Cited: The authority permitting an exception to the fair opportunity process is FAR 16.505(b)(2)(i)(A). This authority applies when “the need for supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.”

5. Reason for Authority Cited:

a. On 18 January 2018 task order W911W4-14-D-0021/0004 was awarded to The Buffalo Group, LLC (“TBG”) as a result of a competitive procurement for Biometric- Enabled Intelligence (BEI) and All-Source Identity Intelligence (I2). On 29 January 2018, Integral Consulting Services, Inc. (“Integral”) submitted a protest against the award with the request for a stay of performance pursuant to the Competition in Contracting Act (CICA), 31 USC §§3551-3556. As a result, the Government issued a Stop Work Notice to TBG on 30 January 2018, which is in effect until the protest is resolved (no later than 09 May 2018). This instant procurement of 5 months will provide for continuity of service through the protest resolution date of 09 May 2018, and completion of the 90 calendar day phase-in/phase-out/transition period provided in the task order.

Integral is the incumbent contractor for BEI I2 services and is currently performing the effort under Task Order W911W5-12-D-0002/0006, which will expire on 04 March 2018.

Integral has the experience, knowledge, processes, and personnel in place to meet the Army’s requirement without delay. Award to a source other than Integral would result in an unacceptable delay of approximately eight months while the Government solicits competitive proposals. This delay is based upon the amount of time required to complete the competitive procurement which is currently under protest. The eight month timeframe to complete the competitive procurement was broken down as follows:

30 days to solicit proposals, 120 days to evaluate and award the task order, and 90 days to phase-in a new contractor for performance.

b. No other alterantive is available to fulfill the current requirement. Extending the task order under which Integral is currently performing services is not an option as the current contract has reached the maximum allowable period of performance, all options have been exercised, and it has reached the maximum allowable cost ceiling on the contract. Additionally, because Integral possesses the expertise and already has the personnel in place, Integral is the only contractor that is able to meet the schedule and perform BIP services without a lapse in critical mission services.

Additionally, any other contractor would need to mobilize its workforce for both CONUS and OCONUS operations. At a minimum, OCONUS mobilization takes at least 21 days due to deployment and re-deployment rotations, ID card issuance, sponsorship, mobilization of workforce, and training at CONUS Replacement Center (CRC) (one week). Integral personnel are currently capable of accomplishing this mission in accordance with the PWS. Failure to procure these additional services will result in a valid threat to the overall mission and will potentially endanger the lives of the U.S.

Forces and civilian personnel in the Afghanistan theater of operation.

Finally, the Army cannot fulfill the BIP requirement organically because NGIC does not have the requisite personnel to manage and provide analyticals services in support of the various geopgraphically dispersed Biometric-Enabled Intelligence teams.

c. Any delay in awarding this effort would lead to a lapse in critical BIP services.

These services provide intelligence support and services to the NGIC and the US Forces Afghanistan and directly support the warfighter mission in a contingency environment. A lapse in the BIP services will have a significant negative impact on the availability of biometric intelligence and appreciably increase operational risk to the US Forces.

d. The period of performance for the proposed task order is from date of award through 10 August 2017. This period covers the time necessary for the GAO to provide a ruling on the protest no later than 09 May 2018, and complete the required 90 calendar day transition period between contractors.

6. Market Research: A competitive procurement was conducted under the GISS Multiple Award (MA) IDIQ contract. The Request for Task Order Proposal for that competitive procurement was issued on 26 May 2017 and closed on 16 June 2017. Six offers were received. While other GISS contract holders have expressed interest in the procurement and are technically capable, no contractor other than Integral has the expertise and personnel on hand to prevent a lapse in these critical services.

7. Other Facts: This is an unclassified requirement; however, the work being conducted is at the Top Secret classification level. All personnel must, at a minimum, possess a Top Secret clearance with some requiring Sensitive Compartmentalized Information clearance.

8. Actions to Increase Competition: As stated in Paragraph 6 above, this effort was originally competed but due to a protest, this instant action is critically needed to continue services until the GAO protest is resovled. Regardless of the outcome of the protest, the Government intends for future requirements for these services to be competed.

9. Technical Certification: I certify that the supporting data under my cognizance which is included in the justification is accurate and complete to the best of my knowledge and belief.

Zach W. Goodfield, GG-13 //s// signed copy in PCF Title: I2 COR Date: 22 Feb 2018

10. Requirements Certification: I certify that the supporting data under my cognizance which is included in the justification is accurate and complete to the best of my knowledge and belief.

Peter J. Baber, GG-14 //s// signed copy in PCF Title: BEI Government Program Manager Date: 22 Feb 2018

11. Contracting Officer’s Fair and Reasonable Determination: I hereby determine the cost to the Government for this procurement action will be fair and reasonable. The basis for this determination is comparision to historical prices paid on the previous effort (FAR 15.404-1(b)(2)); comparision to prices received in response to a similar solicitation for the same effort (FAR 15.404-1(b)(1)); Cost analysis based upon the instant proposal as well as the cometative solicitation (FAR 15.404-1(c)(2)(iii)); and a Certificate of Current Cost or Pricing Data (FAR 15.406-2), as required by FAR 15.403-4(a)(1).

Brendon M. Courtade //s//Brendon M Courtade Title: Contracting Officer Date: 22 Feb 2018

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

Brendon M. Courtade //s//Brendon M Courtade Title: Contracting Officer Date: 22 Feb 2018

APPROVAL

Based on the foregoing justification, I hereby approve the procurement of BIP Support Services in support of the National Ground Intelligence Center at an estimated cost of $8.05M pursuant to the authority of FAR 16.505(b)(2)(i)(A), the need for supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays, subject to availability of funds, and provided that the supplies or services herein described have otherwise been authorized for acquisition.

X Jeffrey Willey Competition Advocate