A02 Justification and Approval ICF Incorporated LLC FINAL Redacted.pdf

Controlled Unclassified Information (CUI) Control No: JA-21-Nat 131 Contractor: ICF Incorporated, LLC Program: CFSET Services

FAR Part 6 Justification and Approval for Other than

Full and Open Competition

1. Contracting Activity: ACC-APG Natick Division, 1 General Greene Ave, Natick MA 01760

2. Description of Action: Product Manager Force Sustainment Systems (PM FSS) requests a new stand-alone bridge contract featuring a combination of Firm-Fixed-Price (FFP) and cost reimbursable CLINs with ICF Incorporated, LLC (ICF), 9300 Lee HWY Fairfax, VA 22031-6050. The Government must award the contract in February 2021 to ensure there is no break in essential technical services. Fiscal year 2021 Other Procurement Army (OPA) funds will be utilized for this effort.

3. Description of Supplies/Services: PM FSS executes its responsibilities of overseeing 50 ACAT programs with a small Table of Distribution and Allowances (TDA) authorization of two (2) military and seventeen (17) civilian positions, and relies on a matrix of contractor support for the bulk of its mission accomplishments. This critical and specialized expertise is not available through matrix support arrangements with the Natick Soldier Center or other similar DoD agencies. PM FSS requires technical assistance to provide the ability and flexibility to support the many-fielded systems for which it has life-cycle responsibility.

The primary utilization of the Technical Services is to support PM FSS Fielded Equipment.

PM FSS fields equipment in several different Areas of Responsibility (AOR) that require technical support to assist in the deployment, training, set up, maintenance, and reset activities to ensure the end user is utilizing this equipment to its full potential and the PM is acting as a responsible owner of the equipment they design and field. The largest area is Force Provider, a containerized tent city capable of deployment world-wide, as well as other types of fielded systems to be supported include, Rigid Wall Shelters, Environmental Control Units (ECUs), Heaters, Camouflage Net Systems, and Ariel Delivery Systems.

Technical support is required at CONUS and OCONUS locations. Additionally, the required technical services include a continuous presence where PM FSS has the responsibility for maintaining accountability and supportability of these systems.

Losing this support would have a significant negative impact on PM FSS’s ability to support the warfighter.

The contract will consist of FFP contract line items numbers (CLINs) for the following fully burdened service positions: Program Manager, Program Administrator, Senior Technician OCONUS, Senior Technician CONUS, Junior Technician OCONUS and Junior Technician CONUS. The required support necessary for mission success is based on historical pricing as well as actual needs. The contract will also feature cost CLINs for travel and other direct costs (ODCs) and materials with reimbursement based on actual costs spent within the period of performance. For travel requirements the contractor must comply and will be reimbursed in accordance with (IAW) the Joint Travel Regulations (JTR). Additionally, the contractor shall be reimbursed for actual costs associated with ODCs and materials. ODCs shall include costs such as: courier/messenger, postage/express mail, printing, reproduction, cell phone service plan, Visas, passports, Defense Base Act (DBA) insurance, danger pay, hardship differential, war risk travel insurance premium and OCONUS registrations associated compliance costs permitted under Federal Acquisition Regulation (FAR) 52.229-6. Lastly, the contract will feature three (3) FFP not separately priced (NSP) CLINs for monthly status reports (MSRs), phase out, and service contracting reporting.

This bridge contract will continue until the Government awards the follow-on competitive contract and phase in activities are completed. Given the specialized services, unless the incumbent is awarded the new competitive contract, the Government will require a phase in time of sixty (60) to ninety (90) days to ensure the services are effectively transitioned and the required readiness and operations tempo (OPTEMPO) support services and CONUS are maintained.

The period of performance (POP) will consist of a base period of six (6) months with two

(2) additional three (3) month option periods. The proposed POP is in the best interest of the Government as it allows extensions of the contract based on any additional or supplemental protest filings while providing the flexibility to allow performance to continue until the protest is resolved, the follow-on contract awarded and a phase in period if necessary is completed.

Based on the historical support and current rates listed on current IDIQ W911QY-15-D- 0012, the following are the anticipated POPs and values of the base and option periods:

Base Period of Performance: 01 March 2021 to 31 August 2021 Total Value: $4,600,000.00

Option Period One (1): 01 September 2021 to 30 November 2021 Total Value: $2,500,000.00

Option Period Two (2): 01 December 2021 to 28 February 2022 Total Value: $2,500,000.00

Total: $9,600,000.00

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

5. Reason for Authority Cited:

(a) 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.

(b) This is a follow-on stand-alone contract to a competitive indefinite delivery/indefinite quantity (IDIQ) contract W911QY-15-D-0012 awarded to ICF which was awarded actions prior to deciding on the need for a sole-source contract awarded to ICF.

First, the Government reviewed the current IDIQ to determine whether the existing orders could be extended using the changes clause or a new order placed. The ceiling of the current contract has been exhausted and the IDIQ has expired necessitating a new award. Next, the Government reviewed the mission-essential elements of the statement of objectives (SOO) that must be maintained without a gap in performance until the follow-on IDIQ is awarded to determine whether the requirement could be separated into smaller competitive requirements. This option is also not viable as the services are so integrated that the mission would be compromised and while other contractors can potentially complete the services, the competitive IDIQ necessitates a phase in and phase out period to ensure new technicians are properly trained and integrated into the CFSET mission. One of the requirements of the competitive solicitation was for offerors to provide a recruitment plan to ensure current senior technicians can continue to perform on the new contract to ensure the required level of support is maintained. Additionally, the Government reviewed the market research to determine whether a small business set-aside could be issued. Unfortunately, due to the time constraints, the Government would not be able to complete phase in activities to ensure the level and support of the services are maintained.

(d) Additional Considerations: In determining the need to award a sole-source bridge contract with ICF, the Government determined that at a minimum the POP should extend for at least six (6) months. IAW established DoD policy all contractors deploying OCONUS to austere locations are required to complete pre-deployment activities for two (2) weeks at the Combat Readiness Center (CRC) after they have completed all required medical and dental examinations. Due to COVID-19 impacts the number of personnel allowed is restricted and the current lead time for obtaining a slot in one of these cohorts requires a ninety (90) day time period. Additionally, CRC reservations are by individual names and are not transferable. As a result of COVID-19 impacts, PM FSS has had challenges ensuring technicians can seamlessly deploy OCONUS to austere locations for their 180-day rotations. PM FSS has had difficulties scheduling contractors due to the need to social distance.

Additionally, unless the incumbent wins the contract under solicitation W911QY20R0020 based on corrective action, there will need to be a reasonable period to complete on/off ramp activities to ensure mission OPTEMPO and success. Based on advice of local and AMC counsel and due to the unique services to be rendered, a six (6) month bridge with two (2) three (3) month options periods will enable PM FSS the ability to extend the bridge contract if it is in the Army's best interest to do so while providing the flexibility to allow the bridge to lapse if the corrective action is taken and no further protests are received. It is the Government’s intent that the contract will only extend for a long as possible to complete phase in and phase out activities if necessary. The following milestone table sets out the impact of the protest and corrective action delays.

Event Target Start Date Target End Date Reopen Discussions 2/12/2021 3/31/2021

Revise Non-price Evaluations 3/31/2021 4/30/2021

Request Final Price Revisions 5/1/2021 5/10/2021

Complete Price Realism Analysis 5/11/2021 5/25/2021

Anticipated Protracted Negotiations 5/26/2021 6/30/2021

Finalize Post- Negotiation

Memorandum 7/1/2021 7/21/2021

Render a New Best Value Decision 7/22/2021 8/15/2021

Conduct Contract Review Board 8/16/2021 9/10/2021

Congressional Notification 9/11/2021 9/15/2021

Contract Award 9/16/2021 9/16/2021 Conduct Debriefs (If

Necessary) 9/17/2021 9/30/2021

Reservations for CRC (If Necessary) 10/1/2021 12/1/2021

Phase Out (If Necessary) 12/1/2021 2/28/2022

6. Efforts to Obtain Competition: IAW FAR 5.202(a)-2, the proposed contract action is made under the conditions described in 6.302 and the Government would be seriously injured if the agency complies with the time periods specified in 5.203.

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

(b.) Subcontracting Competition: Subcontracting competition will be achieved by incorporating a small business subcontracting plan IAW the requirements set forth in FAR Part 19. As this is a follow-on requirement to a competitive contract, the incumbent contractor, ICF Incorporated, LLC will be required to submit their plan for this bridge contract requirement, and it will need to be approved by the Small Business Administration (SBA). The contractor is currently in full compliance with the small business goals that were implemented under IDIQ W911QY-15-D-0012.

7. Actions to Increase Competition: The CFSET requirement is a competitive requirement. The most recent solicitation, W911QY20R0020 yielded four (4) offerors as indicated in the table under paragraph 9 below. The competitive requirement is currently in source selection as a result of the corrective action approved by the GAO. Upon award of the competitive contract, the Government will work with either the new CFSET