20230330 JA_PASC Bridge2_Redacted.pdf

CUI

1 Controlled by: USTRANSCOM Controlled by: Directorate of Acquisition

CUI Category/ies: SSEL Limited Dissemination Control: FED ONLY

POC:

JUSTIFICATION AND APPROVAL (J&A)

USTRANSCOM JUSTIFICATION FOR

OTHER THAN FULL AND OPEN COMPETITION

PHILIPPINES AIRLIFT SUPPORT CONTRACT (PASC)

Control Number 23-35

1. CONTRACTING ACTIVITY.

United States Transportation Command (USTRANSCOM), Directorate of Acquisition, Specialized Transportation Services and Support Division, (USTRANSCOM/TCAQ-C), 508 Scott Drive, Scott AFB, IL 62225.

2. NATURE AND/OR DESCRIPTION OF ACTION BEING APPROVED.

A modification to extend the Period of Performance (PoP) of the firm-fixed price Indefinite Delivery Indefinite Quantity (IDIQ) contract, HTC711-18-D-R023, with Erickson Helicopters, Inc. (Erickson) is necessary to support airlift services in the United States Indo-Pacific Command (USINDOPACOM) Area of Responsibility (AOR). This is a five-month extension with a PoP from 28 March 2023 through 27 August 2023.

3. DESCRIPTION OF SERVICES REQUIRED TO MEET THE AGENCY’S NEEDS

(INCLUDING ESTIMATED VALUE).

The USINDOPACOM AOR consists of 36 nations comprising the Asia-Pacific region that are home to more than 50% of the world's population, 3,000 different languages, several of the world's largest militaries, and five nations allied with the U.S. through mutual defense treaties.

The contract supports USINDOPACOM operations in the Philippines, one of the countries in the AOR. Under this contract, the contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, fuel (with supervision), limited security (for contractor property/personnel), and other items necessary to perform airlift (passenger, cargo, or combination thereof) services, casualty evacuation (CASEVAC) services, personnel recovery (PR) services, and sling-load operations. The estimated value of this requirement is

4. STATUTORY AUTHORITIY PERMITTING OTHER THAN FULL AND OPEN

COMPETITION

SOURCE SELECTION INFORMAITION - See FAR 2.101 and 3.104 tcgilmtr Cross-Out tcgilmtr Cross-Out tcgilmtr Cross-Out tcgilmtr Cross-Out

The statutory authority permitting the use of other than full and open competition is 10 U.S.C. § 3204(a)(2) (formerly 10 U.S.C. § 2304(c)(21)), Unusual and Compelling Urgency, as implemented under Federal Acquisition Regulation (FAR) 6.302-2.

5. DEMONSTRATION THAT THE NATURE OF THE ACQUISITION REQUIRES USE

OF THE AUTHORITY CITED

In accordance with FAR 6.302-2(a)(2), the agency need for the supplies or services is of such an unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources. Any approach to fulfilling this requirement other than extending the PoP on the current contract would result in serious degradation to the mission of USINDOPACOM and the strategic initiatives of the United States.

The PoP of the current contract, HTC711-18-D-R023, originally consisted of an eleven-month base period and two one-year options, with performance ending on 27 September 2021. After the exercise of FAR 52.217-8, Option to Extend Services, the PoP expired on 27 March 2022.

Prior to expiration, the follow-on PASC solicitation, HTC711-21-F-R021, was released on 9 July 2022, under the Worldwide Airlift Services Program (WASP-135), and TCAQ issued an award to Columbia Helicopters, Inc. (Columbia) on 9 February 2022, based on the best value evaluation criteria. The award produced two Government Accountability Office (GAO) protests resulting in a stop-work order issued on 9 March 2022. On 18 March 2022, the Government provided notice to the GAO that it intended to take corrective action, resulting in dismissal of the protests on 23 March 2022. A twelve-month PoP, exercised and funded in increments as needed, provided sufficient time to perform corrective actions, re-evaluate proposals (as required), re-award the contract, and accommodate the ninety-day positioning period included in the solicitation. This was completed via modifications P00014, P00015, and P00016.

Modification P00014 was awarded to Erickson in the amount of $16,379,297.30 to provide a continuation of services while corrective action was completed in response to the receipt of two post-award protests filed with the GAO. PoP for this six-month extension was 28 March 2022 – 27 September 2022.

Modification P00015 was awarded to Erickson in the amount of $8,662,676.85 to provide a continuation in services. PoP for this three-month extension was 28 September 2022 – 27 December 2022.

Modification P00016 was awarded to Erickson in the amount of $8,662,676.85 to provide a continuation of services until the new Philippines Airlift Support Contract was awarded. PoP for this three-month extension was 28 December 2022 – 27 March 2023.

1 10 U.S.C. §2304 was repealed by Pub. L. 116–283, the Fiscal Year (FY) 2021, National Defense Authorization Act, Div. A, title XVIII, §1881(a), Jan. 1, 2021, 134 Stat. 4293. Various portions of 10 U.S.C. §2304 were redesignated to different section of Title 10. IAW FY 2021 NDAA, § 1882, any regulation, order, or other administrative action in effect under a provision of title 10, United States Code, redesignated by this title continues in effect under the provision as so redesignated.

As a result of the correction action being implemented on the original two protests, an updated Request for Task Order Proposal (RFTOP) was released to all WASP-135 Indefinite Delivery Indefinite Quantity (IDIQ) contract holders on 15 June 2022 with a due date of 8 July 2022.

While the updated RFTOP was being reviewed by the WASP-135 IDIQ contract holders, four amendments to the RFTOP were made because of questions asked by potential offerors. The RFTOP due date was then extended to 20 July 2022. Four proposals were received by the Government by the stated RFTOP due date. Source selection began on 21 July 2022 to review each proposal.

On 25 January 2023, the Government awarded PASC II to Columbia.

On 13 February 2023, the Government received a GAO protest, B-420584.3, from CHI on the PASC II Award (HTC711-23-F-C027). The Contracting Officer sent a notice to Columbia to stop work on 16 February 2023. The protest is not due to be decided until 24 May 2023.

This five-month bridge contract extension to HTC711-18-D-R023 is required to ensure a break in service does not occur while waiting for the GAO to issue a decision on B-420584.3 r. The total period of performance for this extension will be from 28 March 2023 through 27 August 2023, which is a five-month performance period. The period of performance needs to extend beyond 24 May 2024 to allow for transition of the new contractor. The optional extension period will be used, as required, to maintain service while the GAO protest concludes.

The current contractor has fixed-wing and rotary-wing assets, personnel, and equipment already in place at Edwin Andrews Air Base in the Philippines. The Government requires these services on a continuing basis, and no other options are available to maintain services without interruption of critical support, including CASEVAC services. Market research has indicated that up to ninety days may be required after completing the source selection process for a new contractor to position assets and begin providing services at this location. This extension provides the required services and support to ensure mission success and mitigates the possibility of negatively impacting lifesaving support.

6. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE

SOLICITED FROM AS MANY POTENTIAL SOURCES AS IS PRACTICABLE

Due to the unusual and compelling urgency of this action, offers were not solicited from other sources for this extension. The GAO has found “that an immediate need for services that arises as a result of an agency's implementation of corrective action in response to a protest does not generally constitute a lack of advanced planning. American Systems Corporation, B-412501.2, .3, Mar. 18, 2016, 2016 CPD ¶ 91 at 20, 21, citing eAlliant, LLC, B-407332.4, B-407332.7, Dec.

23, 2014, 2015 CPD ¶58 at 8; Systems Integration & Mgmt., Inc., B-402785.2, Aug. 10, 2010, 2010 CPD ¶ 207 at 3; and Chapman Law Firm Co., LPA, B-296847, Sept. 28, 2005, 2005 CPD ¶175 at 3. Competitive offers were received under the recently awarded PASC task order HTC711-23-F-C027, which remains in protest.

7. DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE

The Contracting Officer has determined Erickson’s price proposal for the five-month extension of services fair and reasonable using the method of comparing proposed prices to historical prices paid by the Government for the same or similar items which is outlined in FAR 15.404- 1(b)(2). Specifically, the Government compared Erickson’s proposed bridge contract prices to historical contract prices paid under the current contract, HTC711-18-D-R023.

8. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE RESULTS

No additional market research efforts were conducted specifically for this action. Prior to award of PASC task order HTC711-23-F-C027, market research was conducted, and four carriers expressed interest in performing this type of service.

9. OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN

COMPETITION

None.

10. A LIST OF THE SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AND

INTEREST IN THE ACQUISITION

The current contract, HTC711-18-D-R023, is being extended until the protest is completed. Four carriers submitted competitive proposals for the follow-on requirement. The four carriers were Columbia Helicopters, Construction Helicopters, Inc, Erickson Helicopters, Inc, and Air Center Helicopters, Inc.

11. A STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO

REMOVE OR OVERCOME ANY BARRIERS TO COMPETITION BEFORE ANY

SUBSEQUENT ACQUISITION FOR THE SUPPLIES OR SERVICES REQUIRED

See paragraph 6 above. The only reason for this bridge contract is the receipt of GAO Protest B-

420584.3. There is robust competition under WASP 135 IDIQ. At the conclusion of the protest for the follow-on contract, the Government intends to make award to the carrier determined technically acceptable, responsible and to provide the best value to the Government.

12. CONTRACTING OFFICER CERTIFICATION

I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

BARBARA L. WOLF Date Contracting Officer

13. TECHNICAL/REQUIREMENTS PERSONNEL CERTIFICATION

WOLF.BARBARA.L. Digitally signed by WOLF.BARBARA.L.

Date: 2023.03.23 17:45:47 -05'00'

I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

Date Contracting Officer Representative

14. WRITTEN DETERMINATION OF THE APPROVING OFFICIAL IDENTIFYING

THE CIRCUMSTANCE THAT APPLIES TO THE ACTION:

Based on the above cited justification, I hereby determine the circumstance in FAR 6.302-2 applies to this justification for other than full and open competition.

Date

Competition Advocate

Digitally signed by Date: 2023.03.23 14:56:35 -10'00'

Digitally signed by

Date: 2023.03.24 10:25:17 -05'00'