AFRICAP-III-IDIQ_J-A_Unusual and Compelling_Redaction-Final.pdf

AFRICAP III IDIQ Contract J&A

CLASS JUSTIFICATION AND APPROVAL (J&A)

FOR OTHER THAN FULL AND OPEN COMPETITION

AFRICAP III - 12 MONTH EXTENSION

1. Identification of the agency and the contracting activity:

In accordance with Federal Acquisition Regulation 6.302-2, and upon the basis of this justification the Department of State, Office of Acquisitions Management (AQM), on behalf of the Bureau of African Affairs (AF), has a requirement to extend African Peacekeeping Program (AFRICAP) for one twelve (12) month option and to continue training, equipment, logistical and technical support and construction services currently being provided to African countries and organizations under the eight (8) AFRICAP Indefinite Delivery/Indefinite Quantity (IDIQ) contracts:

1. SAQMMA17D0076, (NELOGIS)

2. SAQMMA17D0077, (RELYANT GLOBAL)

3. SAQMMA17D0079, (SINCERUS GLOBAL)

4. SAQMMA17D0080, (PAE Government Services, Inc.)

5. SAQMMA17D0081, (CONSTELLIS)

6. SAQMMA17D0082, (AMENTUM)

7. 19AQMM18D0002, (PULAO)

8. SAQMMA17D0078, (VALIANT Government Services, LLC)

For this extension period, the existing IDIQ contract ceiling of $1.5B will not change. The only change will be the extension of the ordering period under the eight IDIQ’s.

This J&A also serves as the documentation/approval to exceed 5-years in contract length IAW AQM Memorandum 16-09 – see paragraph twelve (12) for more details.

2. Nature and/or description of the action being approved.

The current IDIQ contracts have a period of performance of sixty-six months including one twelve

(12) month base period, four (4) one year option periods, and one six-month option period. The base period and all options have been exercised. The period of performance and ordering period for the current IDIQ contracts are set to expire on November 2, 2022 – this does not include the task orders. The total contract value for the base period and all option periods is $1,500,000,000.00.

The IDIQs and the subsequent task orders are a mix of Firm Fixed Price (FFP) and Cost Reimbursable (CR) CLINs.

The Solicitation for the successor AFRICAP contracts, GLOBALCAP (RFP 19AQMM22R0026) was posted on SAM.gov on October 27, 2021, had an initial response on December 2, 2021, and is planned to be awarded no later than First Quarter of Fiscal year 2024.

The contract extension is required to provide DOS/AQM sufficient time to complete source selection in accordance with FAR 15 procedures and ensure continuity of services for mission critical operations. This justification requests approval to extend the current AFRICAP III IDIQ contracts for one twelve (12) option period through Nov 1, 2023. The estimated costs to be incurred for potential new task orders during this extension periods are no more than AFRICAP III IDIQ does not need a ceiling increase as there is sufficient remaining ceiling to absorb the expected costs of this extension.

Though formally started June of 2021, GLOBALCAP experienced several delays during 2022 in part due to the high turnover in AQM staff, as well as the approval of two key documents. The development and approval of two crucial documents took considerable preparation and coordination through leadership:

1. 10-Year Contract Length Determination and Findings Memorandum

2. Approval of Memorandum to justify inclusion of construction elements in GLOBALCAP

IDIQ Scope

The Acquisition Plan for GLOBALCAP was not able to move forward until those two documents were finalized and fully approved. As a result, with the recent approvals of key documents by the SPE and HCA, GLOBALCAP is moving forward with a realistic milestone schedule, and we expect to be able to award by the end of Fiscal Year 2023.

This extension to the existing IDIQ contracts is needed to allow DOS/AQM and AF time to properly compete future task order solicitation requirements. Without an extension, ongoing U.S.

support in Sub-Saharan Africa would be severely injured which would lead to negative impacts to the overall US Strategy in Sub-Saharan Africa, especially including peace and security goals outlined in this strategy.

operations are run from other countries due to local security conditions, and more than a third of the countries currently listed on the Critical Environment List for Fiscal Year 2023.

The current AFRICAP IDIQ’s is the only available current solution due unusual and compelling nature of the services, locations, and the dynamic security environment. The current IDIQ holders uniquely understand the diplomatic mission, international activities, global engagements, customs, culture and practices possessing direct operational expertise required in order to successfully executed this effort with minimal start time. As a result, there are no other companies that could be found to have the technical capacity and technical capabilities, as well as be fully vetted and staffed to begin on November 2, 2022, which creates the potential of serious injury to this critical mission

Transitioning this scope of work to a different contract vehicle and different contractors, at this time, would cause significant disruption to the mission. Additionally, it would result in a duplication of costs that would not be anticipated to be recouped through competition.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies.

There was no solicitation for this extension. The current AFRICAP IDIQ’s is the only available current solution. The long-term solution GLOBALCAP is discussed in more detail below.

Due to this being a new action not within the original scope of solicitation of AFRICAP III, and exceeding $25,000, a posting is required per 5.201(b)(1)(ii), and no exceptions apply.

7. A determination by the Contracting Officer that the anticipated cost to the

Government will be fair and reasonable.

The Contracting Officer anticipates the cost to the Government under the resultant contract extension will be fair and reasonable. This is because the current contract prices were determined fair and reasonable at award, and competition at the task order level ensures that prices remain competitive.

In addition, an analysis was undertaken by the Business Operations Division price analysis team in support of GLOBALCAP solicitation documents. This analysis looked at whether there was high volatility in Africa over a period of ten years. The determination was that there was not high volatility over the years prior to the determination, and as a result it would be possible for vendors to predict prices up to ten years from solicitation with accuracy. Due to this the contracting officer has high confidence that awarded AFRICAP III pricing has not become stale and remains fair and reasonable.

8. A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

Market research was limited in nature for this extension. Market research was conducted to determine how best to meet the agency’s needs and quickly ascertain organizational capabilities needed to fulfil this complex requirement. The current AFRICAP IDIQ’s is the only available current solution, considering the unusual and compelling nature of this requirement as well as the specialized nature of the services, locations, and the dynamic security environment. The current IDIQ holders uniquely understand the diplomatic mission, international activities, global engagements, customs, culture and practices possessing direct operational expertise required in order to successfully executed this effort with very minimal start time. As a result, there are no other companies that could be found to have the technical capacity and technical capabilities, as well as be fully vetted and staffed to begin on November 2, 2022.

For the future solution, the GLOBALCAP solicitation, has included significant market research.

Several market research approaches were taken to determine the appropriate vehicle to meet AF and PM requirements. Independent in-depth review and analysis was conducted on the previously leveraged AFRICAP III and GPOI (legacy AF and PM IDIQs) acquisition approaches and what best to apply for the GLOBALCAP support contract. As part of this assessment we

a. Identified acquisition approaches and viable alternatives

b. Established a lesson learned sessions to captured what worked well and where improvements could be made

c. Assessed the administrative, operational, and financial impacts and risks of each acquisition alternative

For the GLOBALCAP solicitation, a Sources Sought notice was released in October 2021 with a suspense date of December 2, 2021. An industry day event was hosted on December 17, 2021.

Two (2) robust Q&A’s have already been conducted. The acquisition team will continue to consider industry feedback as necessary as part of the market research process.

Efforts in support of the GLOBALCAP solicitation have included multiple posts and updates on sam.gov, an industry day, and the posting of draft performance work statements, and the request for proposals. In addition, outreach has included sending AQM staff to speak at the International Stability Operations Association Ukraine conference in Warsaw, Poland in September 2022, and plans on sending staff to the annual meeting in Washington, DC in November 2022.

The continuity of services is required to support critical Department foreign assistance funded operations and respond to emerging conflicts until the successor AFRICAP III contracts can be awarded. Unfamiliarity with the diverse operating environments and political dynamics of partner African nations would cause a negative impact to successfully implement foreign assistance funded capacity building and operational support projects.

9. Any other facts supporting the use of other than full and open competition.

N/A

10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

As noted in Section 8, there was limited market research for AFRICAP. However, we are conducting a robust market research approach and industry engagement strategy for GLOBALCAP. A significant number of companies have expressed interest in the GLOBALCAP solicitation and are listed below.

1. Industry Day: A total of 212 vendors RSVP for the event with a total of 196 participants signing on to the virtual event.

2. Sources Sought. A notice was released in October 2021 with a suspense date of December 2, 2021. The Department received 41 responses. The 41 responses received can be further broken down to:

a. SDVOSB: 15

b. 8(a): 6

c. Large Business: 11

d. Small Business: 5

e. WOSB: 4

Additionally, the milestone schedule for GLOBALCAP includes two additional rounds for opportunities for industry to ask questions on the solicitation once posted. The acquisition team is committed to allowing industry feedback and participation with the goal to maximize interest in the GLOBALCAP requirement.

11. A statement of actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent actions for the supplies or services required.

The follow-on GLOBALCAP requirement is anticipated and will be awarded under robust competition as proposals will be solicited from as many industry sources as possible. Issuing an extension to the AFRICAP III ordering period will allow contract coverage to continue across 19 current countries in Africa, along with new locations identified from the 2022 Africa Leaders’ Summit. GLOBALCAP is planned to be awarded no later than Q1 of FY24 with a target goal of Q4 in FY23.

TECHNICAL AND REQUIREMENTS CERTIFICATION

I certify that this justification is accurate, and that it contains complete data necessary to support the recommendation for other than full and open competition.

AFRICAP III Contracting Officer Representative Bureau of African Affairs, Office of Regional Peace and Security

(AF/RPS)

Date

CONTRACTING OFFICER CERTIFICATION

I certify that this submission is accurate to the best of my knowledge, and that it contains complete information necessary to enable other officials to make an informed recommendation for approval or disapproval.

Contracting Officer Office of Acquisition Management

(A/LM/AQM/WWD/RSB)

Clearance:

Acting Branch Chief

(A/LM/AQM/WWD)

Division Director

(A/LM/AQM/WWD)

Concurrence:

Acting Assistant Legal Adviser

L/BA

PROCURING ACTIVITY Competition Advocate:

Competition Advocate Office of the Procurement Executive

A/OPE/AP

HEAD OF THE PROCURING ACTIVITY

Head of Contracting Activity (HCA)

A/OPE/AQM

FINAL APPROVAL

Senior Procurement Executive Office of the Procurement Executive

A/OPE