REDACTED_J&A_47QFCA19R0042_SOCPAC_COCO_ISR_(with_Addendum)_REDACTED.pdf

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Version 03/29/19

General Services Administration (GSA)

Federal Systems Integration and Management Center (FEDSIM)

JUSTIFICATION AND APPROVAL

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION 47QFCA19R0042

INTERAGENCY AGREEMENT NUMBER 47QFCA19S0059

The General Services Administration (GSA) makes this Justification and Approval

(J&A) for Other Than Full and Open Competition orders pursuant to Federal

Acquisition Regulation (FAR) 6.302.

1. Identification of Agency and Contracting Activity:

Agency:

General Services Administration (GSA)

Federal Systems Integration and Management Center (FEDSIM)

Acting in support of: Special Operations Command Pacific

Contracting Activity:

GSA FEDSIM Contracting Office (QF0B)

1800 F Street, NW

Washington, D.C. 20405

2. Nature and/or Description of Action Being Approved:

The Special Operations Command Pacific (SOCPAC) and the FEDSIM Contracting

Office propose to issue a sole-source service contract to Bear Defense Services, LLC

(BDS).

SOCPAC is a sub-unified command of United States Special Operations Command

(USSOCOM) under the operational control of U.S. Indo-Pacific Command

(USINDOPACOM) and serves as the functional component for all Special Operations missions deployed throughout the Indo-Asia-Pacific region. SOCPAC coordinates, plans, and directs all Special Operations in the Pacific theater supporting Commander, USINDOPACOM’s objectives of deterring aggression, responding quickly to crisis, and defeating threats to the United States and its interests.

SOCPAC has been tasked by USINDOPACOM to support multi-national efforts against the illicit transfer and shipment of cargo within international waters throughout the

USINDOPACOM AOR. This action will provide SOCPAC with critical support for this urgent Command, Control, Communications, Computer, Intelligence, Surveillance, and

Reconnaissance (C4ISR) mission. This requirement is tightly linked to time sensitive

U.S. national interests and the C4ISR service contract must commence prior to the end of

July 2019 to fulfill USINDOPACOM’s capability gap until Department of Defense can provide a government-owned C4ISR solution in FY20.

SOCPAC does not currently have available aircraft with the necessary sensors and flight capabilities to provide sustained C4ISR operations to fulfill this mission. Therefore, QuentinMHamm Highlight

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SOCPAC requires the urgent support of Contractor Owned, Contractor Operated

(COCO) aircraft which will provide SOCPAC with a responsive, efficient, and reliable means to satisfy its requirement for intelligence collection support and related services.

The proposed period of performance is 12 months from July 2019 through July 2020. The total estimated value of this action is $44,357,300.

3. A Description of Supplies/Services Required to Meet Agency’s Need:

The objective of this contract is to provide C4ISR services including, Primary Mission

Equipment (PME) operations, maintenance and sustainment, configuration management, aircraft operations, system integration and installation, engineering services and system deployment, logistics support, and relocation and demobilization support for COCO

C4ISR aircraft.

The tasks described below are in direct support of SOCPAC’s mission of protecting and defending the interests of the United States, and deterring aggression. Specifically, the following tasks will be supported:

Task 1: Project Management – Provide project management and reporting, including flight hour utilization and cost reports.

Task 2: Transition Out: Provide transition planning and support to ensure

Government data and equipment is recovered after completion of the contract.

Task 3: Provide ISR Aircraft and Flight Operations – Provide operations and maintenance of COCO aircraft, including aircraft configuration, certification, flight crews, maintenance, and operation of sensors. This requirement is planned for up to 500 hours per month.

Task 4: Provide Intelligence Processing, Exploitation, and Dissemination

(PED) Services - This task provides personnel for the analysis, exploitation, and dissemination of collected C4ISR data.

Cost Element IGCE

Labor $XXXXXXX

Long-Distance Travel $XXXXXXX

Materials and Equipment $XXXXXXX

Other Direct Costs (ODCs) $XXXXXXX

Total $XXXXXXX

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The proposed action is necessary to provide mission-critical support as described above for SOCPAC. It is in the Government’s best interest to award a sole source contract in order to complete the above listed efforts and complete mission requirements.

4. An Identification of the Statutory Authority Permitting Other Than Full and Open

Competition:

This contract will be awarded pursuant to the authority of 41 United States Code (U.S.C.)

253(c)(2) as implemented by FAR 6.302-2, unusual and compelling urgency.

5. A Demonstration that the Proposed Contractor’s Unique Qualifications or the

Nature of the Acquisition Requires Use of the Authority Cited:

The unusual and compelling urgency of the SOCPAC requirement precludes full and open competition and delay in award of the contract would result in severe, negative effect on US National interest in the USINDOPACOM Area of Responsibility (AOR).

This requirement is tightly linked to time sensitive U.S. national interests and the C4ISR service contract must commence prior to the end of July 2019 to fulfill

USINDOPACOM’s capability gap until Department of Defense can provide a government-owned C4ISR solution in FY20.

BDS is currently the only contractor that can provide the requisite C4ISR aircraft, subject matter expertise, and experience to meet the urgent and compelling requirements of the mission with operational aircraft by February 2020. BDS has the technical capability to provide SOCPAC with C4ISR capabilities and services under the necessary operational parameters. These are:

An aircraft capable of sustained operation up to the altitude 50,000 for 8-12 hours;

A speed exceeding 500 MPH;

Ability to carry 4-6 passengers; and

The capability to have C4ISR payloads with the necessary sensors to perform the mission.

While other contractors have the capability to provide aircraft with the necessary operational parameters, only BDS is capable of providing operational aircraft within six months of contract award, and meeting the urgent time requirement for SOCPAC’s mission. The lead time from contract award to operational flight of the aircraft is the single most constraining factor in meeting this requirement. The reason for the time constraint is that the aircraft configuration needed to meet this requirement is highly specialized for the C4ISR mission. Such aircraft and their sensor configurations are complex and very expensive. Because of this, there are typically no such available aircraft idle in contractor inventories. Therefore, any contractor performing the requirement will first have to configure the appropriate aircraft with the necessary sensor payload. This includes mounting external sensor pods, integrating those sensors into other aircraft systems for data collection, satellite links and intelligence analysis hardware and software. Implementing these configuration modifications will change the flight characteristics of the aircraft, requiring the contractor to need a new Airworthiness

Release (AWR) from the Federal Aviation Administration. The aircraft modification and

FEDSIM is a Client Support Center housed within GSA, FAS, AAS Page 4 certification process can take many months. To meet SOCPAC’s time requirement, the entire modification and certification process must be completed within six months. Only

BDS is able to make that timeframe. Market research determined that other contractors would require 12 months to complete the process.

During market research, BDS presented a methodology to streamline the aircraft configuration process to meet the Government time requirement. Their approach is dependent on using currently approved Supplemental Type Certificates (STCs). These are pre-approved modifications to an existing aircraft type. BDS through their teaming partners have the appropriate STCs to make all needed modifications to Bombardier

Challenger 604 aircraft to meet the six month requirement. BDS and their partners have experience with this process and aircraft, having configured twelve Challenger 604s using similar STCs. Based on this information there is a high likelihood that BDS will meet the timeline requirement.

Due to the critical nature of this work, the Government cannot afford to delay the start of

C4ISR support to accommodate the capabilities of other contractors. This would mean an unacceptable delay of six months of surveillance support for SOCPAC’s critical

National security related mission. Therefore, the government must award to BDS to avoid serious injury to the government until DoD can provide a government-owned C4ISR solution in FY20.

6. A Description of Efforts Made to Ensure that Offers are Solicited From as Many

Potential Sources as Practicable:

The contracting officer (CO) need not submit the notice as required by FAR Part 5.201.

The proposed contract action will be made under the conditions described in FAR Part

6.302-2. As described above, the unusual and compelling urgency of the SOCPAC requirement precludes full and open competition and if the agency complies with the time periods specified in FAR Part 5.203 would further delay in award of the contract resulting in severe, negative effect on US National interest in the USINDOPACOM Area of Responsibility (AOR).

7. A Determination by the Contracting Officer that the Anticipated Cost to the

Government will be Fair and Reasonable:

The Contracting Officer will evaluate the elements of BDS’s proposed price for the contract to ensure that the proposed price is fair and reasonable. FEDSIM will compare the labor rates, hours, and costs for the sole source contract with the actual hours and costs being incurred under similar C4ISR contracts for these same services.

8. A Description of the Market Research Conducted and the Results or a Statement of the Reason Market Research was not Conducted:

Market research was conducted from April through May, 2019, and used corporate capability information gathered by SOCPAC. Specific research was conducted by the

FEDSIM Project Manager, the Acquisition Project Manager and SOCPAC. This consisted of a review of the requirements followed by a request for capability information and rough order of magnitude (ROM) information to potential sources. These potential sources were selected based on the Government’s expertise in the C4ISR field, corporate

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SOCPAC requested ROM documentation for this requirement from these potential sources. Of the eleven companies that were contacted, only four responded with ROMs:

Leidos, Tenax, Dynamic Aviation, and BDS.

Each of the ROM responders provided documentation sets indicating a corporate capability to provide aircraft with the necessary flight characteristics to support the mission. However, only one company, BDS, indicated it could meet the timeline requirement of having operational aircraft within six months of award. Tenax and

Dynamic Aviation indicated it would typically take them 12 months to provide operational aircraft. Leidos did not provide any timeframe estimate.

To validate BDS’s response, the FEDSIM Project Manager, the Acquisition Project

Manager and SOCPAC subject matter experts visited the BDS facility in May 2019. BDS presented a methodology to streamline the aircraft configuration process to meet the

Government time requirement. Their approach is discussed in section 5 above. Based on this information, the government has determined that there is a high likelihood that BDS will meet the timeline requirement.

Due to the critical nature of this work, the Government cannot afford to delay the start of

C4ISR support to accommodate the capabilities of other contractors. This would mean an unacceptable loss of six months of surveillance support for SOCPAC’s critical

National security related mission. Therefore, BDS is the only contractor who is capable of meeting this mission.

9. Any Other Facts Supporting the Use of Other Than Full and Open Competition:

None

10. A Listing of the Sources, if any, That Expressed, In Writing, An Interest in the

Acquisition:

During Market Research, the following sources expressed an interest in providing

SOCPAC with C4ISR services:

Bear Defense Services, LLC

Leidos

Tenax

Dynamic Aviation

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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:

This contract is to support a one-time need. The mission that this contract supports is not expected to extend past the period of performance. A subsequent contract is not anticipated.

12. Contracting Officer Certification that the Justification is Accurate and Complete to the Best of the Contracting Officer’s Knowledge and Belief:

I certify that this justification is accurate and complete to the best of my knowledge and belief, and I determine on the basis of the findings above that an other than full and open competition approach is in accordance with the requirements and is in the best interest of the Government.

Jakenberg N. Almuete Date

Contracting Officer

FEDSIM Acquisition, Army/Navy

Final Approval:

I certify that this justification is accurate and complete to the best of my knowledge and belief, and I determine on the basis of the findings above that an other than full and open

Tom Howder Date

Head of Contracting Activity

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General Services Administration (GSA)

Federal Systems Integration and Management Center (FEDSIM)

***ADDENDUM 1***

JUSTIFICATION AND APPROVAL

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION 47QFCA19R0042

INTERAGENCY AGREEMENT NUMBER 47QFCA19S0059

The General Services Administration (GSA) makes this Addendum 1 to Block 2 of the approved Justification and Approval (J&A) for Other Than Full and Open

Competition orders pursuant to Federal Acquisition Regulation (FAR) 6.302.

13. Change. Within Block 2 of the approved J&A for the Other Than Full and Open

Competition orders pursuant to Federal Acquisition Regulation (FAR) 6.302 for

Solicitation 47QFCA19R0042 and IA 47QFCA19S0059, change the total of estimated value from $44,357,300 to $53,238,422. The last sentence of Block 2 will now read, “The total estimated value of this action is $53,238,422.”

14. Reason for Change. The increase in estimated value resulted from the Government’s evaluation of the offeror’s proposal and subsequent exchanges between the Government and the Offeror. The Government did not anticipate the full amount of Other Direct Costs

(ODC) and Material and Equipment (M&E) costs required to maintain, operate and insure two COCO aircraft over the 12-month period of performance. The Government also did not account for additional labor costs to accelerate and build the two COCO aircraft to such an aggressive schedule of 6 months, as well as the labor to address capabilities to enhance mission performance. Table below presents comparison of the independent government cost estimate to Offeror.

Cost Element IGCE Offeror

Labor $XXXXXXX $XXXXXXX

Long-Distance Travel $XXXXXXX $XXXXXXX

Materials and Equipment $XXXXXXX $XXXXXXX

Other Direct Costs (ODCs) $XXXXXXX $XXXXXXX

Total $XXXXXXX $XXXXXXX

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15. Contracting Officer Certification that the Justification is Accurate and Complete to the Best of the Contracting Officer’s Knowledge and Belief:

I certify that this justification is accurate and complete to the best of my knowledge and belief, and I determine on the basis of the findings above that an other than full and open

Jakenberg N. Almuete Date

Contracting Officer

FEDSIM Acquisition, Army/Navy

Final Approval:

I certify that this justification is accurate and complete to the best of my knowledge and belief, and I determine on the basis of the findings above that an other than full and open

Tom Howder Date

Head of Contracting Activity