21-F-0016 Afghan Attrition FAR-Part 16 EFOJ REDACTED 07282021_Redacted.pdf

CUI Control No: AMB-EFO21-0849

CUI

FAR Part 16 Exception to Fair Opportunity Justification Under Multiple Award Indefinite Delivery Contracts

For Actions Exceeding the Simplified Acquisition Threshold (SAT)

1. Contracting Activity: Department of the Army, Army Contracting Command – Redstone (ACC-RSA), CCAM-AMB, Redstone Arsenal, AL 35898-5000

2. Description of Action: The Logistics Support Facility (LSF) Management Activity (LSFMA) requests approval to award a modification to Delivery Order (DO) W58RGZ-20- F-0016 on a Cost-Plus-Fixed-Fee (CPFF) and Firm-Fixed-Price (FFP) basis with Science and Engineering Services, LLC (SES) located at 248 Dunlop Drive, Huntsville, Alabama 35824, CAGE Code 4Q232. The objective of the modification is to complete Phased Maintenance Inspections (PMI) on three UH-60 Aircraft; Enhanced PMIs (EPMI) and Paint on two UH-60 Aircraft; installation of Afghanistan unique modifications; and 12 months of additional storage space for the Afghanistan Consolidation Facility. This change will result in an increase to the DO value of $8,617,708.00 from $18,066,978.66 to $26,684,686.66. The projected award date of this Undefinitized Contract Action (UCA) modification is 1 July 2021. This non-source directed modification is in support of the Country of Afghanistan under Foreign Military Sales (FMS) case BS-B-UAQ and will be funded utilizing Fiscal Year (FY) 2020/2021 Afghanistan Security Forces Funds (ASFF) funding.

Delivery Order W58RGZ-20-F-0016 is a CPFF and FFP order competitively awarded on 24 September 2020 under the LSF V Multiple Award (MA) Indefinite-Delivery Indefinite- Quantity (IDIQ) contract, W58RGZ-19-D-0045. The total DO value at the time of award was $18,066,978.66 with a requirement to complete PMI, heavy maintenance, and install Afghan Unique Configuration hardware on one UH-60 Aircraft, procure long lead Afghan Unique Configuration material, and provide square feet of storage with a final delivery date of 30 June 2022. The original effort has two six month options for storage and fuel with an estimated value of $1,246,178.57. To date, three modifications have been issued, but have resulted in no increase to the total contract value.

3. Description of Supplies/Services: The objective of the modification is to complete PMI on three UH-60 Aircraft; EPMIs and Paint on two UH-60 Aircraft; installation of Afghanistan unique modifications; and 12 months of additional storage space for the Afghanistan Consolidation Facility with an estimated value of $8,617,708.00. The period of performance (POP) for the storage space remains unchanged from the original effort.

4. Authority Cited: This Exception to Fair Opportunity is authorized under 10 U.S.C.

2304c(b)(1) as implemented by FAR Part 16.505(b)(2)(i)(A) – The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

5. Reason for Authority Cited: The proposed contractor is SES, 248 Dunlop Drive, Huntsville, Alabama 35824, CAGE Code 4Q232. In accordance with (IAW) FAR Part 16.505(b)(2)(i)(A) – The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays. The Utility Helicopter Program Office (UHPO) International Program Office (IPO), on behalf of the Afghanistan research was conducted using three techniques. The first technique was personal knowledge of the Director, LSFMA, Army Aviation and Missile Command (AMCOM) Logistics Center (ALC). This included programmatic knowledge of the competitive source selection that was conducted for the LSFMA MA IDIQ and awarded in May 2019.

Three offerors were determined to be qualified and contracts were awarded on 8 May 2019 to SES, Contract W58RGZ-19-D-0045, Y-TECH, Contract W58RGZ-19-D-0045, and to Tyonek, Contract W58RGZ-19-D-0047. This knowledge also includes interchange meetings or pre-solicitation conferences with the three awardees. The second technique was contact with knowledgeable persons in Government and industry regarding the nature of this requirement. The individual names are listed in the market research report. The value of the five-year LSFMA MA contract is $2.4B. Based on the above market research, it has been determined that this requirement cannot be met by commercial items; therefore, FAR Part 12 will not be utilized for this acquisition. Market research has indicated that no other LSF 5 vendors could perform in the time constraints of this effort. Based on procurement acquisition lead time, it would not be feasible to compete the requirement within the time constraints.

9. Interested Sources: IAW FAR 5.202(a)(6) and 16.505(a)(1), a synopsis of the proposed contract action is not required.

10. Other Facts: The procurement history for this requirement consists of the following DOs under the SES MA IDIQ contracts:

Contract W58RGZ-13-D-0048, DO 0089, was awarded to SES on 28 June 2017 to perform EPMI on 14 UH-60 aircraft in the CPFF amount of $12,001,819.13. The DO was awarded IAW FAR 16.505(b)(2)(i)(A) – The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays. It should be noted that as stated in the approved EFOJ, future work for the UHPO IPO Afghanistan program was competed between the LSF 4 and LSF 5 vendors as detailed below. Thirteen modifications were issued to this DO ultimately increasing the obligated amount by $6,617,236.91 to $18,619,056.04.

Contract W58RGZ-13-D-0048, DO 0100, was awarded to SES on 12 April 2018 to perform EPMI on nine UH-60 aircraft with Options for an additional 28 aircraft in the CPFF amount of $12,259,462.85 with a base and all options value of $41,943,102.01.

This DO was awarded IAW FAR 16.505(b)(1), Orders under multiple-award contracts – Fair opportunity. This effort was competed between the LSF 4 vendors, SES and Support Services Associates, Inc. (SSAI). In an effort to enhance competition, this effort was awarded as a split-buy and each technically acceptable offeror was awarded a base and an option potential. The offeror whose proposal represented the best value to the Government was awarded a base effort with nine aircraft and an option potential of 28 aircraft. The offeror with a technically acceptable proposal that was not found to be the best value but represented a fair and reasonable price to the Government was awarded a base effort with three aircraft and an option potential of 28 aircraft. As documented in the source selection, SES’s proposal represented the best value to the Government and was awarded DO 0100 with a base requirement of nine aircraft and an option potential of 28 aircraft. Nineteen modifications were issued to this DO ultimately increasing the obligated amount by $51,105,928.78 to $63,365,391.63.

Contract W58RGZ-19-D-0045, DO W58RGZ-20-F-0016, was awarded to SES on 24 September 2020 to complete PMI, heavy maintenance, and install Afghan Unique Configuration hardware on one UH-60 Aircraft, procure long lead Afghan Unique Configuration material, and provide 75,000 square feet of storage in the FFP/CPFF amount of $16,820,800.09. Three modifications have been issued to this DO, which have resulted in no increase to the total contract value.

Approval

Based on the foregoing justification, I hereby approve the modification of LSF 5 Multiple Award (MA) Indefinite-Delivery Indefinite-Quantity (IDIQ) Contract W58RGZ-19-D-0045, Delivery Order (DO) W58RGZ-20-F-0016, for the completion of Phased Maintenance Inspections (PMI) on three UH-60 Aircraft; Enhanced PMIs (EPMI) and Paint on two UH- 60 Aircraft; installation of Afghanistan unique modifications; and 12 months of additional storage space for the Afghanistan Consolidation Facility on an other than full and open competition basis using an exception to fair opportunity pursuant to the authority of 10 U.S.C. 2304c(b)(1) as implemented by FAR Part FAR Part 16.505(b)(2)(i)(A) – The agency need for the 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 services and property herein described have otherwise been authorized for acquisition.

The total estimated value for this action is $8,617,708.00. The contractor is Science and Engineering Services, LLC (SES), 248 Dunlop Drive, Huntsville, Alabama 35824, CAGE Code 4Q232.

Date:__________________ Signature:

Virginia A. Rosacia Advocate for Competition