MICC_2016-7_4Jun16.pdf

Control No: MICC 2016-7 Contractor: ATAMIR WSMR Test Engineering and Analysis Services (TEAS)

For Official Use Only

JUSTIFICATION REVIEW DOCUMENT

FAR PART 6 JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

Supply/Service: Test Engineering and Analysis Services (TEAS)

Authority: Title 10 USC 2304 § (c)(1) as implemented by FAR 6.302-1“Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

Estimated Amount: $3.6M

Prepared by:

Name: Peter L. Hopkins DSN: 258-2850 Title: Contracting Officer Date: 6/11/2016 Email: peter.l.hopkins.civ@mail.mil

Procuring Contracting Officer: DSN: 258-2850 Name: Peter L. Hopkins Date: 6/11/2016 Title: Contracting Officer Email: peter.l.hopkins.civ@mail.mil

Technical/Requirements Representative:

Name: Norman G. Tyree DSN: 258-1241 Title: Material Test Director Date:

Email: norman.g.tyree.civ@mail.mil

Management Representative:

Name: Paul D. Mann DSN: 258-1980 Title: Executive Director, White Sands Missile Range Date:

Email: paul.d.mann2.civ@mail.mil mailto:peter.l.hopkins.civ@mail.mil mailto:norman.g.tyree.civ@mail.mil mailto:paul.d.mann2.civ@mail.mil

Test Engineering and Analysis Services (TEAS)

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

Local Small Business Specialist Name: Miguel A. Medrano DSN: 568-2917

Signature: ___________________________ Date: See Digital Signature

Local Legal Counsel Name: Justin C. Blood DSN: 258-4341

Branch Chief Name: Timothy A. Byrnes DSN: 258-5413

418th Contracts Attorney Name: Sheila Burns Number: 254-553-8752

Test Engineering and Analysis Services (TEAS)

Justification Review Document

FAR PART 6 JUSTIFICATION Approval for Other Than Full and Open Competition

1. Contracting Activity: Mission and Installation Contracting Command (MICC) White Sands, White Sands Missile Range (WSMR), New Mexico.

2. Description of Action: Approval is requested to extend the period of performance to the Test Engineering and Analysis Services Contract (W9124Q-08-C-0547) with ATAMIR-WSMR, LLC (ATAMIR) for (2) two additional months (11 June 16 to 10 August 16) to allow the Agency Contracting Officer, Mr. Timothy A. Byrnes, Mission and Installation Contracting Command, White Sands Missile Range, NM sufficient time to evaluate and award a contract as a result of several protests actions received on 1 June 2016, against the originally awarded follow-on contract W9124Q-15-C-0003. The current contract type is Cost-Plus-Award-Fee (CPAF) and is being incrementally funded with Army Research, Development, Test and Evaluation (RDT&E) appropriations. The acquisition plan for this contract was approved by Sarah L. Corley, Army Contract Agency, Southern Region, and Alternate Principal Assistant Responsible for Contracting on 17 August 2007.

3. Description of Supplies/Services: The contractor will provide non-personal services for test engineering and analysis, software development, and test support for WSMR. The contractor must furnish a myriad of test support services to active developmental and operational tests at WSMR. The scope of the services required for this contract action will remain unchanged. The value for the extension is estimated at 3.6M.

4. Authority Cited: The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(c)(1) as implemented by Federal Acquisition Regulation (FAR) 6.302-1, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

5. Reason for Authority Cited: Trident Technologies, LLC was awarded contract W9124Q-15- C-0003 on 20 August 2015 for the WSMR Test Engineering and Analysis Services requirement.

This award was a follow-on to contract W9124Q-08-C-0547, which is currently managed by ATAMIR-WSMR, LLC. Post award protests were subsequently filed with the Government Accountability Office (GAO) by ASTAMIR, LLC (B-412020.1), Integrated Defense Applications (IDA) Technology (B-412020.2), TNT Premier (B-412020.3), and BGI – Fiore JV, LLC (B-412020.4) regarding award of the aforementioned contract. GAO ultimately dismissed the protests based on the Agency’s determination to take corrective action to re-evaluate all proposals under all evaluation factors. As such, the Government has set the competitive range that will require additional time beyond what is currently remaining on the contract. The current contract is due to expire on 10 June 2016, which will not provide adequate time to hold discussions, evaluate responses, issue a source selection decision document (SSDD) and award the contract. In addition, if the incumbent does not win the competition, there will be a phase-in/phase-out period of thirty days that will allow for a transition of personnel and processes to mitigate any continuity of operation risks that are a major concern to the Government. It is

Test Engineering and Analysis Services (TEAS) anticipated that two additional months should be adequate to hold discussions, award and possibly phase-in by 10 July 2016, barring any unforeseen issues.

WSMR has approximately 90 test events that will be impacted by this contract expiring. These tests cross a wide spectrum of the Department of Defense budget. The Army’s portion is $6.6 billion FY15 RDT&E and $7.1 billion in FY16. Test missions are scheduled months in advance to ensure range assets for telemetry, cameras, radar, etc. are available and in the proper location on the 3200 square mile range to adequately support the mission. Due to the physical size of the range, multiple tests occur simultaneously as long as they do not interfere with each other or violate safety concerns. Any delay or intermediate change of the Contractor will require a phase-in/phase-out period of at least 30 days to allow a new contractor to be brought up to speed on WSMR test procedures to permit a safe hand-off of support for ongoing tests. The transition (phase-in) cost for this effort is estimated at $118K, which generally includes labor hours for the orderly transfer of nearly 20 office spaces located across the WSMR test sites. Along with this time consuming effort, there is more than 1,100 lines of GFP valued at over $750K that must be inventoried and turned over to the new contractor. More importantly, the disruption of test missions caused during transition would result in an unacceptable delay and negatively affect WSMR's critical test mission. Any break in the services provided under the existing contract, risks significant delays in delivery of critical equipment under test. Any delays caused by transition and learning curve must be minimized.

6. Efforts to Obtain Competition: A synopsis for this contract action was posted on the Federal Business Opportunities (FBO) website on 22 December 2015 for 15 days in accordance with 5.203(a). No responses were received from any interested parties.

a. Effective competition: Not applicable. Sufficient competition was received for the follow-on requirement that is the basis of the protest.

b. Subcontracting competition: Not applicable to this extension as the requirement is set-aside to 8(a) companies. The current contractor is a Small Disadvantaged Business that was recognized as an 8(a) Joint Venture at the time of award. However, the contractor is no longer in the 8(a) program but has recertified themselves on 7 July 2015 as still being a small business for this NAICS code. Colleen Burns, Office of Small Business Administration concurred with this extension request to the incumbent on 25 May 2016.

7. Actions to Increase Competition: As indicated above, this is an interim action to allow for continued contract performance with the incumbent. This two month extension will also allow the Government the necessary time needed to complete offerors evaluations and to adequately compile all documents required to competitively award the follow-on requirement. The notices required by FAR 5.202 will be posted and responses shall be considered.

8. Market Research: Extensive market research was conducted for the follow-on requirement and sufficient competition was received. However, for the extension of services, a sources sought notice was posted on FBO on 22 December 2015 and closed on 6 January 2016; no responses were received.

Test Engineering and Analysis Services (TEAS)

9. Interested Sources: No interested sources were received in response to the synopsis posted on FebBizOpps on 22 December 2015.

10. Other Facts:

a. Procurement History: This acquisition has historically been competed as an 8(a) set-aside. The predecessor contract, DAAD07-97-C-0109, resulted from a competitive 8(a) set-aside solicitation. Of the 8(a) businesses solicited, a total of seven proposals were received. A CPAF type contract was awarded to NCI Information System on 25 November 1997. The period of performance of that contract expired on 30 September 2007 with a contract value of $90,657,982.12.

b. Other Facts: Anticipated Milestones for contract award after protests:

02 May 16 Release Evaluation Notices (ENs) 09 May 16 Respond to Contractor Questions 12 May 16 Respond to ENS/Final Proposal Revisions (FPRs) Due 27 May 16 Evaluate FPRs/Finalize Source Selection Evaluation Board and Cost Addendum 02 June 16 Prepare Source Selection Decision Document (SSDD) 13 June 16 SSDD Approved and Prepare Pre-Negotiation Memorandum (PNM) 27 June 16 PNM Approved 05 July 16 Award and Post Award Notices

Test Engineering and Analysis Services (TEAS)

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.

Name: Norman G. Tyree Date:

Title: Material Test Director

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.

Name: Paul D. Mann Date:

Title: WSMR Executive Director

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 FAR 15.404-1(c)(1) “Cost Analysis.” The extension will be negotiated. As such, a fair and reasonable determination will be based on a comparison of costs proposed by the offeror for individual cost elements with previous cost estimates from the offeror. Certified cost or pricing data will be obtained for the extension as required by FAR 15.403-4.

Name: Peter L. Hopkins Date:

Title: Contracting Officer

Signature: ___________________________

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

Name: Peter L. Hopkins Date:

Title: Contracting Officer

Signature: ___________________________ peter.l.hopkins Typewritten Text 20160602 peter.l.hopkins Typewritten Text 20160602 peter.l.hopkins Typewritten Text

Test Engineering and Analysis Services (TEAS)

Approval

Based on the foregoing justification, I hereby approve the proposed extension estimated at $3.6M for Test Engineering and Analysis Services Contract (W9124Q-08-C-0547) at WSMR with ATAMIR-WSMR, LLC (ATAMIR) on an other than full and open competition basis. This approval is pursuant to the authority of 10 U.S.C. § 2304(c)(1) as implemented by Federal Acquisition Regulation (FAR) 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency, subject to the availability of funds, and provided that the services herein described have otherwise been authorized for acquisition. I have reviewed the previous justification and find the actions to eliminate barrier to competition were satisfactorily completed precluding the need for higher level reviews in accordance with Department of Defense procedures.

Signature: ___________________________

Dean M. Carsello Special Advocate for Competition U.S. Army Mission and Installation Contracting Command, Ft Sam Houston TX