A02_JA-19-B-458_SEMA_ISR_Pilot_and_Flight_Operations_Support_Redacted.pdf

Contractor: IAP Worldwide Services

Program/Equipment: SEMA ISR Pilot and Flight Operations Support

Document Review Control #: JA-19-B-458

JUSTIFICATION REVIEW DOCUMENT

FAR PART 6 JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

Program/Equipment: The Fixed Wing Project Office (FWPO) Special Electronic Mission Aircraft (SEMA) Intelligence Surveillance and Reconnaissance (ISR) Pilot and Flight Operations Support

Authority: 10 U.S.C. 2304(c)(2) as implemented by FAR Part 6.302-2 – Unusual and Compelling Urgency

Amount: $ 9,503,112.89

Prepared by: DSN:

Fixed Wing Acquisition Branch Chief Date: 7 May 2019 Email:

Contracting Officer: Allison Gregory DSN:

Contracting Officer Date: 7 May 2019

Technical: DSN:

QRC APM, SEMA PdD Date: 7 May 2019

Requirements: DSN:

QRC APM, SEMA PdD Date: 7 May 2019

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

Program Manager:

Typed Name:

DSN:

Signature:

Legal Counsel:

Typed Name:

DSN:

Signature:

FAR Part 6 Justification and Approval for Other than Full and Open Competition

1. Contracting Activity: U.S. Army Contracting Command, Aberdeen Proving Ground, Division B, Aberdeen Proving Ground, MD 21005

2. Description of Action: The Fixed Wing Project Office (FWPO) requests a cost plus fixed fee (CPFF) extension to contract W15P7T-10-D-D416/0033, Special Electronic Mission Aircraft (SEMA) Intelligence Surveillance and Reconnaissance (ISR) Pilot and Flight Operations Support with IAP Worldwide Services, 7315 N Atlantic Ave., Cape Canaveral, FL 32920-3721 to add an additional three (3) months to the period of performance (POP), additional costs in the amount of $9,503,113 and additional level-of-effort (LOE) in the amount of hours. The estimated cost increase of $9,503,112.89 includes for labor, for material, for travel, and for Other Direct Costs. The option period will expire on 31 July 2019. The 3-month extension would extend the ultimate completion date from 31 July 2019 to 31 October 2019. The Government projects to modify the existing task order by July 2019. Fiscal year 2019, Operations and Maintenance, Army funds will be used.

3. Description of Supplies/Services: This task order provides for flight operations and pilot support for the Medium Altitude Reconnaissance and Surveillance System (MARSS) and Enhanced Medium Altitude Reconnaissance and Surveillance System (EMARSS) aircraft which are Aerial Intelligence, Surveillance, and Reconnaissance (AISR) systems. These systems provide the military with the capability to detect suspicious human/vehicle activity as well as gather critical signals intelligence. More specifically this task order provides flight operations and pilot support for Government Owned Contractor Operated (GOCO) MARSS and EMARSS aircraft, and Flight Operations support for other GOGO ISR aircraft

TASK ORDER SUMMARY OF AWARD

Period of Performance Current Value 3-month extension request Increased Award

Value

Base Period (29 Sept 2017 – 31 Jul 2018)

Option Period 1 (01 Aug 2018 – 31 Jul 2019)

3-month Extension (01 Aug 2019 – 31 Oct 2019)

N/A $9,503,112.89 $9,503,112.89

TOTAL $72,815,330.93 $9,503,112.89 $82,318,443.82

TASK ORDER SUMMARY OF LOE

Period of Performance Awarded

LOE

3-month extension request Increased

Award LOE

Base Period (29 Sept 2017 – 31 Jul 2018)

Option Period 1 (01 Aug 2018 – 31 Jul 2019)

3-month Extension (01 Aug 2019 – 31 Oct 2019)

TOTAL

4. Authority Cited: 10 U.S.C. 2304c(2) as implemented by FAR 6.202-2, Unusual and compelling urgency.

5. Reason for Authority Cited: As described at FAR 6.302-2, when the agency’s 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 from which it solicits bids or proposals, full and open competition need not be provided for. The Period of Performance under contract W15P7T-10-D- D416 TO 0033 ends on 31 July 2019. The follow-on contract was awarded through competitive fair opportunity under the Responsive Strategic Sourcing for Services (RS3), Multiple Award – Indefinite Delivery, Indefinite Quantity (MA IDIQ) contract. Contract W15P7T-17-D-0138 TO W58RGZ19F0237 was awarded on 4 April 2019 to with performance to begin on 1 June 2019. A protest was filed with the Government Accountability Office (GAO) on 24 April 2019: a stop work order was issued until the protest is resolved.

A supplemental protest was filed with GAO on 3 June 2019

. GAO has 100 days to issue a decision on the protest; therefore, an extension of the current contract W15P7T-10-D-D416 TO 0033 with IAP Worldwide Services, Inc. for three months is required in order to continue flight operations and pilot support in theater. GAOs decision on the supplemental protest should be rendered no later than 11 Sept 2019.

Sufficient time is not available for a competition for this extension. To sustain the MARSS/EMARSS flight operations at the current required operational level, it is urgent that this contract task order ultimate completion date with IAP Worldwide Services be extended for three months from 31 July 2019 to 31 October 2019. The specific knowledge, skills, and abilities, necessary to support this critical ISR mission currently resides with IAP Worldwide Services. In accordance with FAR 52.237-3, “Continuity of Services”, if necessary, the 3-month period of performance will be extended an additional 60 days to facilitate an orderly and efficient transition.

It is anticipated that a new contractor requires a transition period of 60 days to fully transition all personnel . This would result in the first 60 days of the 3-month period of performance extension spent on the transition with the remaining 30 days spent on the actual performance of the extension. Once the protest is resolved, another 60-day transition period will occur at the beginning of the new contract’s period of performance. In total, there is a potential of 120 days spent on transition that could result in duplicative costs and delays performing the critical ISR mission...

Failure to continue to provide the necessary flight operations and pilot support for the MARSS/EMARS will result in discontinued ISR flight missions.

6. Efforts to Obtain Competition:. A sources sought notice was posted to FedBizOpps on 17 May 2019. Additional details are under the below paragraphs 8, “Market Research”, and 9, “Interested Sources”.

a. Effective Competition: Because this is a sole source action, effective competition is not applicable.

b. Subcontracting Competition: Subcontracting competition will be achieved by ensuring that the contractor obtains competition in subcontracting to the maximum extent possible by including FAR clauses 52.219-8, “Utilization of Small Business Concerns,” and FAR 52.244-5, “Competition in Subcontracting” in the contract. In accordance with FAR 52.219-9, “Small Business Subcontracting Plan,” the contractor shall also be required to furnish a Small Business Subcontracting Plan with their proposal.

7. Actions to Increase Competition: This task order was awarded as a competitive task order award under the Multiple Award Indefinite Delivery, Indefinite Quantity Rapid Response - 3rd Generation (R2-3G) contract vehicle. The follow-on contract was awarded on 4 April 2019 , Inc. as a competitive task order under the RS3 contract. Due to the fact a protest was received on 24 April 2019 and a stop work order was issued until the protest is resolved, a 2 month extension is imperative to avoid a costly break in service and the sole reason for the request. For this action, the Government conducted Market Research to identify all potential sources for the 2-month extension by posting a “sources sought” on FedBizOps (www.fbo.gov) under the http://www.fbo.gov/ solicitation number “W15P7T-10-D-D416-0033”. The results of the Market Research can be found below in paragraph 9.

8. Market Research: A Sources Sought Notice was posted on FedBizOps on 17 May 2019 with a suspense date of 3 June 2019 to garner interest in this requirement. The incumbent, IAP Worldwide Services, Inc., responded with an interest in performing the requirement. While many companies responded expressed their interest in performing this requirement, none of the interested parties complied with the instructions of the sources sought by providing a capability statement showing how their company could meet all of the requirements of the PWS and explain their company’s ability to provide continuity of services without a transition in period.

9. Interested Sources: Market Research was conducted by posting a “Sources Sought” on FedBizOps on 17 May 2019 with a suspense date of 3 June 2019. Many companies expressed interest with one of them being the incumbent; IAP Worldwide Services, Inc.

Due to the unusual and compelling urgency of this requirement, IAP Worldwide Services, Inc. is the only contractor that can meet the requirement.

10. Other Facts:

a. Procurement History:

On 30 September 2013, the ACC-APG awarded Task Order 0004 against Contract W15P7T-10-D-D414 to Lockheed Martin Integrated Systems, Inc. (LMCO) for the operation of MARSS aircraft. The performance included the aircraft maintenance and operational support of all MARSS aircraft and pilots for the deployed MARSS aircraft.

This competitive Cost-Plus-Fixed-Fee task order was awarded under the R2-3G IDIQ contract awarded by ACC-APG. . The task order included a 6-month base period, a 12-month option period, and a 6-month option period.

The total amount obligated to date under this task order is .

On 27 August 2014, ACC-APG awarded Task Order 0023 against Contract W15P7T- 10-D-D413 to CACI Technologies, Inc., with an initial value of $16,375,921 for the continuation of MARSS Flight Operations and Pilot Support for deployed MARSS and Vehicle and Dismount Exploitation Radar (VaDER) equipped King Air aircraft. This competitive CPFF task order was awarded under the R2-3G IDIQ contract using a Lowest Price Technically Acceptable (LPTA) approach. The POP included a two-week transition-in period from 28 August 2014 to 12 September 2014, a 9-month base period through 7 June 2015, and a 12-month option for continued support through 7 June 2016, if required. On 21 April 2015, a task order modification was issued to increase the required number of pilots by 18.

The total amount obligated under this task order is .

On 30 September 2015, ACC-APG awarded to Adams Communication and Engineering Technology, Inc., (ACET) the follow-on MARSS Flight Operations and Pilot Support Task Order 0017 against Contract W15P7T-10-D-D420. This competitive CPFF task order was awarded under the R2-3G IDIQ contract using an LPTA approach. This contract provided for up to contractor pilots and consisted of a 12-month base period, and one 6-month option period valued at $65,978,807.

On 22 October 2015 ACC-APG issued a Stop Work Order to ACET due to a selection protest filed to the GAO. On 18 December 2015, withdrew its protest. On 21 January 2016, a task order modification was issued that formally reversed the previous Stop Work Order. The POP was revised to a base period of 12 months, from 21 January 2016 to 20 January 2017, and a 6-month option period from 21 January 2017 to 20 July 2017. The total amount obligated under this task order is

On July 31, 2017, ACC-APG awarded to IAP Worldwide Service, Inc. a two-year contract for SEMA ISR Pilot and Flight Operations Support, Task Order 0033 against Contract W15P7T-10-D-D416. This competitive CPFF task order was awarded under the R2-3G IDIQ contract. This contract provides for up to contractor pilots and FOMS and consists of a 60-day transition-in period, a 10-month base period, and one 12-month option period valued at .

On 4 April 2019, ACC-Redstone Arsenal awarded to a 46-month contract for SEMA ISR Pilot and Flight Operations Support, Task Order W58RGZ19F0237 against contract W15P7T-17-D-0138. This competitive Firm Fixed Price task order was awarded under the RS3 IDIQ contract. This contract provides for pilot and Flight operations manager support for deployed MARSS aircraft, and options for up to additional pilots for other aircraft and additional flight operations managers. The contract consists of one year base period, two one-year options, and a 10 month option valued at $197,195,729.34. A protest was filed with GAO on 24 April 2019 resulting in a stop work order being issued. A supplemental protest was filed with GAO on 03 June 2019. GAO’s decision on the supplemental protest should be rendered no later than 11 Sept 2019.

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.

Date:

QRC APM, SEMA PdD 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.

QRC APM, SEMA PdD Signature:

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable. The current task order holder, IAP Worldwide Services, LLC, is prepared to submit a proposal to the Government. The Government will complete a cost analysis of IAP’s proposal and negotiate, if applicable, in order to determine a fair and reasonable price for the proposed ceiling increase. Certified cost or pricing data will be required in accordance with FAR 15.403-4(a)(1), since the estimated cost of the contract action exceeds the $2,000,000.00 threshold for obtaining certified cost or pricing data.

This determination will be made using the following: ☒ cost analysis ☒ price analysis

☐ should cost ☐ IGCE audit: identify the audit type

☐ other: identify the methodology or combination of methodologies that will be used

As a part of this basis, certified cost or pricing data:

☒ will be required.

☐ will not be required and the following exception applies (FAR 15.403):

☐ Prices that will be agreed upon are based on adequate price competition.

☐ Prices that were established during the original competition that are not subject to negotiation.

☐ Prices that will be agreed upon are based on prices set by law or regulation.

☐ A commercial item is being acquired.

☐ A waiver has been granted by the head of the contracting activity (HCA) in accordance with DFARS PGI 215.403-1.

☐ The contract action is a modification to a contract or subcontract for commercial item(s).

☐ The estimated cost of the contract action is less than the threshold for certified cost or pricing data.

Typed Name: Allison A. Gregory 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.

Typed Name: Allison A. Gregory Date:

Title: Contracting Officer Signature:

Approval

Based on the foregoing justification, I hereby approve the procurement of a CPFF extension to contract W15P7T-10-D-D416/0033, SEMA ISR Pilot and Flight Operations Support with IAP Worldwide Services, 7315 N Atlantic Ave., Cape Canaveral, FL 32920- 3721 in the amount of $9,503,112.89 on an other than full an open competition basis pursuant to the authority of 10 U.S.C.2304(c)(2) as implemented by FAR Part 6.302-2 – Unusual and Compelling Urgency, subject to availability of funds, and provided that the services or property herein described have otherwise been authorized for acquisition.

Command Advocate for Competition Signature: