70T05020P7NREM206 Justification and Approval Final executed.pdf

Justification and Approval Template FAR Part 13 authority

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(Cite authority, e.g., 41 U.S.C. 1901 or 1903)

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) Subpart 13.5 the justification for the use of the statutory authority under FAR Subpart 13.5 is justified by the following facts and rationale required as follows:

1. Agency and Contracting Activity.

The Transportation Security Administration (TSA), Enterprise Support (ES), Security and Administrative Services (SAS), Real Estate Management Division (REMD) and Contracting and Procurement propose to solicit and issue a purchase order based on soliciting only one source. (FAR 13.106-1 (b)(2)) The procurement request number are 2120200REM205, 2120200REM206 and 2120200OTD319, and the Contracting and Procurement’s tracking number is JA-05-0503.

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

The Federal Air Marshal Service (FAMS) requires the relocation and re-installation of three Boeing 767 Aircraft Cabin Training Simulators (ACTS) as well as the reconfiguration of a Platform I ACTS currently in place. This work will result in some ancillary tasks as well. Because of the size of the overall capital improvement project and the fact that it is inextricably linked to FAMS Field Office real estate leases, REMD is taking the lead on this project.

A firm fixed price purchase order will be placed with Newton Design LLC with an estimated award amount of $939, 298.40 with a period of performance of 180 days after receipt of the order. Due to the current Federal Government fiscal scenario, the requirement has been parsed into two phases within the Statement of Work using Operations support funding from Training and Development and Real Estate Management offices. Phase one estimated cost is $138,549.00 and Phase two estimated cost is $800,749.40 for a total estimated price of $939, 298.40.

Newton Design, LLC (26015 E ADMIRAL PL CATOOSA, OKLAHOMA 74015-5743) is the Original Equipment Manufacturer (OEM) of all TSA/FAMS Aircraft Cabin Training Simulators (ACTS) and equipment used in all of the TSA/ Federal Flight Deck Officer (FFDO) Recurrent Training Centers as well.

Newton Design, LLC obtained the original contracts through competitive procurements and they were found to be vastly superior in durability and cost competitiveness. The ACTS contain proprietary configuration details that are specific to the FAMS training program.

3. Description of Supplies/Services.

FAMS has existing Aircraft Cabin Training Simulators (ACTS) at the Transportation Security Administration Training Center (TSATC) and at 14 Field Offices throughout the country as well as the auauauauaauaaauauauauauuuaauauaauaauauauauauauaaaaauaauuauauuauaaaaaauaauauaauuuaaaauaaauaaaauauuuuuuaaaaauuauuuuuuuuaaaauaaauuuauuuuaaaauauuuuuuauaauuuuuaaaaauuuuuuuuaaauuauuuauaaauaaaaaaaaaaauuaauuaauuuauuthththhththththtththththtttththhhhththththhhhththhththhhthtthththhthhhtttththhhhtthhthhhththtththththththtththththththhthhththtthtthththththhhhhhtthtthththhhhhthththhhhtthtthhhtththhhhhhhororooroorororoorororoorororrrrororororororororoororooorroroorororoororororooooooooroororororoorooorororororrooorrrroooooororrooooorrorrroooooooorrooooooooooorrororroooooorrrrroooorrrrooooorrrroooorrroorrrooorrrrroooororoooooorrorrorroroorroo itititititititititititititiittitiiittiiiiiiiiiiiiiiiiiiittiiiiititttyyyyyyyyyy

FFDO Recurrent Training Centers in Dallas, Texas; Atlanta, Georgia; Artesia, New Mexico; and Atlantic City, New Jersey. All of the large ACTS across the entire TSA enterprise were purchased from Newton Design LLC through competitive contracts. The Aircraft Cabin Training Simulators are a line of counterterrorism aircraft cabin training venues with various models replicating popular aircraft in passenger use today, while the ACTS purchased by TSA have been further configured for TSA/FAMS use. The training conducted in the ACTS are a vital component of the FAMS and FFDOs training program which allows FAMS and FFDOs to train on various scenarios which will prepare them for real life situations.

FAMS is centralizing its recurrent training from the Field Offices to the TSATC in Atlantic City, NJ in an effort to meet organizational goals through the reduction of its real estate footprint and the associated infrastructure. This will require the removal of three highly specialized aircraft simulators from commercial office spaces throughout the country, transportation of the components back to the TSATC in Atlantic City, NJ and then the reassembly of the same into a rugged aircraft simulator that can withstand the rigors of dynamic law enforcement training.

In addition, FAMS seeks to recycle the parts from three individual 50’ aircraft simulators, that are located in 3 different states to make 1 larger 100’ aircraft simulator at the TSATC in Atlantic City, NJ.

To maximize space and allow for this installation into an existing structure, FAMS also requires that the final product recycle an existing Boeing 767 dual lane slide trainer which was also manufactured by Newton Design, LLC. The manufacturer is the only provider that can meet the Governments requirement without risking the functionality of the slider.

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

The statutory authority permitting other than full and open competition is 41 U.S.C.3304(a)(1) implemented by the FAR Subpart 6.302-1 entitled “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements”.

5. Demonstration that the Nature of the Acquisition Require Use of the Authority Cited.

Newton Design LLC. is the Original Equipment Manufacturer of the Aircraft Cabin Training Simulators (ACTS) and all other counterterrorism aircraft cabin training equipment used in all the FAMS Field Offices and the Transportation Security Administration Training Center (TSATC). This equipment has been customized for FAMS use and it is vital that the new ACTS constructed under this activity have the exact layout already constructed in Atlantic City at the Transportation Security Administration Training Center and present at other Recurrent Training Sites for consistency and liability concerns.

The parts need to remain interchangeable with the simulators being used at the other TSA Recurrent Training Centers to maintain the Government’s ability to interchange parts and to keep the spare part inventory costs low in the future under successive preventive maintenance agreements. The Government also has an existing warranty on some of the ACTS purchased through Newton Design LLC and allowing the ACTS to be disassembled or moved by another vendor, or adding equipment from another vendor will cause the warranty to be terminated.

The Platform V ACTS is a wide-body aircraft simulator that replicates the working environment of FAMS in a rugged and durable manner which is optimal for hosting dynamic, physically-abusive, force-on-force training and simmunitions marking cartridge use. The FAMS train for the worst scenario as they are increasingly asked to cover high risk flights carrying passengers in sensitive environments.

Newton Design LLC is the original equipment manufacturer and will need to disassemble, move, and reassemble the simulators. The simulators were purchased as commercial items and customized for the FAMS programs specific needs. These Platform V ACTS will be disassembled, relocated and erected again in a new configuration with an even more urgent need to maintain their rugged durability.

The risk of using a third party for this task order will be very high as it will terminate the warranty provided by Newton Design, LLC. Poor performance in the removal of the ACTS from FAMS Field Offices or in the construction of the simulators back at the TSATC in Atlantic City, NJ could result in FAMS missing its target date for the centralized training objective of July 1st, which could result in additional rent and construction costs of $250,000 per 30 days of delay in related but separate procurements. For this reason, the Government requires a turn-key removal/transport/reinstallation of the Aircraft Cabin Training Simulator to meet the recurrent training schedule above and a warranty to commence on the date of installation.

6. Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential Sources as is Practicable.

The announcement was posted in Contract Opportunities on April 29, 2020; and will remain open for ten calendar days.

7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable.

The contracting officer determines that the anticipated price will be fair and reasonable based on similar previous purchases TSA previously awarded 70T05019P7NFDO047 on August 13, 2019 to dismantle, transport and re-install two ACTS units in the amount of $220,952.02. Historical data and other negotiation means will be used to ensure a fair and reasonable price paid by the government.

8. Description of Market Research.

The internet was searched for a list of contractors that would be able to provide the dismantle, transport and re-installing of the ACTS that would meet TSA’s rigorous training requirements. The market research showed that only Newton Design LLC is able to provide the service and there are no other providers but the manufacturer that can install the simulators.

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

TSA requires mandatory training in order to fulfill the TSA mission. This training is a vital component of TSA operations which allows TSA to train on various scenarios in a realistic working environment which will prepare them for real life situations. Competition is currently unavailable to allow a third party contractor to relocate and reconstruct these aircraft simulators without taking on significant risk. Since the simulators are proprietary to Newton Design, LLC, using a third party contractor would terminate the warranty and risk the functionality of the training simulators, and could potentially burden the Government with significant extra costs, including, but not limited to: additional rent to host the simulators in their current location ($250k per 30 days), potential damages in construction delays of related but separate procurements payable to landlords of commercial space where these simulators currently reside ($1,000/day), and the cost of terminating this contract and hiring Newton to perform the work on an even more accelerated schedule ($940,000.00).

10. A Listing of the Sources, if Any That Expressed, in Writing, an Interest in the Acquisition.

A notice of intent to sole source was issued on Contract Opportunities on April 29, 2020. No responses were received.

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 Supplies or Services Required.

Market research was conducted and determined that Newton Design LLC. does not permit licensing or service agreements to a third party. The simulators are currently under warranty and service by an unauthorized contractor will terminate the warranty. TSA will continue to evaluate the market to ascertain if there are changes in the marketplace that will enable future actions to be competed.

12. Contracting Officer’s 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.

Ingrid Pascall, Date Contracting Officer

13. Technical/Requirements Personnel Certification.

I certify this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

Douglas Yale, Date Technical Representative

14. Legal Counsel Review. I reviewed this Justification and Approval for Other Than Full and Open Competition in accordance with HSAM 3006.304-70 and find it legally sufficient.

Legal Counsel Date

APPROVAL:

Digitally signed by DOUGLAS O YALE Date: 2020.05.08 12:50:49 -04'00'

Digitally signed by INGRID

PASCALL

Date: 2020.05.08 12:59:53 -04'00'

Competition in accordance with HSA egal Counsel

CHRISTOPHER J

CURRY

Digitally signed by CHRISTOPHER

J CURRY

Date: 2020.05.08 15:24:36 -04'00'

Ingrid Pascall Contracting Officer

*NOTE: For TSA, Contracting Officer approval is required when the action exceeds the micro purchase threshold, but is less than or equal to the SAT

William Dorwart Division Director

*NOTE: For TSA, Division Director approval is required when the action exceeds the SAT threshold, but is less than or equal to 700K

Competition Advocate**

**NOTE: For TSA, Competition Advocate approval is required when the action exceeds $700K but is less than or equal to $13.5M

______Not Applicable_____________

Head of Contracting Activity***: Date ***NOTE: HCA approval is required when the action exceeds $13.5M, but is less than or equal to $68M

APPROVAL:

Not Applicable Chief Procurement Officer****: Date ****NOTE: The CPO approves when the action exceeds $68M

Digitally signed by INGRID PASCALL Date: 2020.05.08 13:01:05 -04'00'