ART JA_Redacted.pdf

DEPARTMENT OF THE NAVY

NAVAL AIR WARFARE CENTER AIRCRAFT DIVISION

PROCUREMENT GROUP

21983 BUNDY ROAD BLDG 441

PATUXENT RIVER, MARYLAND 20670-1127

IN REPLY REFER TO:

J&A_21-0014

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Naval Air Warfare Center Aircraft Division (NAWC-AD) Patuxent River, MD

2. Description of the Action Being Approved.

This Justification and Approval (J&A) authorizes and approves, on a sole source basis, a Cost Plus Fixed Fee (CPFF), Level of Effort bridge contract to Pacific Architects and Engineers (PAE) Applied Technologies for up to six-months in duration, beginning 13 December 2020. The contract will also include FAR 52.217-8, Option to Extend Services, for the potential to extend the contract for up to an additional six months. This sole source bridge is required as a result of protests filed in response to the competitively awarded follow-on contract (N00421-20-D-0033) for Range services. This contract is required to cover delays to the start of the follow-on contract resulting from protests filed to the Government Accountability Office (GAO) and subsequently to the Court of Federal Claims (COFC) and for completion of the ninety-day transition period upon resolution of the protests. This sole source contract will allow for the continuity of uninterrupted technical and engineering services to support the Atlantic Ranges and Targets (ART) Department, formerly known as the Atlantic Test Range and Atlantic Targets and Marine Operations (ATR/ATMO) Division, of the Naval Air Warfare Center Aircraft Division (NAWCAD). These required services are critical to accomplish Test and Evaluation (T&E) for NAVAIR and numerous other Department of Defense (DOD) acquisition program offices.

3. Description of Supplies/Services.

This J&A will cover the scope of the statement of work of the existing Range Services contract, currently being performed by PAE, to include research and development, maintenance, operation, and support of facilities and systems, and equipment to meet the engineering development testing and fleet training missions of the ART Department. Test and Evaluation projects supported under this contract include, but are not limited to:

F-35B/C Joint Strike Fighter (JSF) Block IV

F/A-18E/F Block Upgrades

EA-18G Growler H16/H18 Upgrades

Next Generation Jammer (NGJ) pod

Broad Area Maritime Surveillance (BAMS) Unmanned Aircraft System

P-8A Multi-mission Maritime Aircraft (MMA)

MQ-25A Stingray Unmanned Aircraft System

CH-53K Heavy Lift Helicopter

Fire Scout Vertical Take-Off and Landing Tactical Unmanned Aerial Vehicle (VTUAV)

J&A_21_0014

Medium-Range Maritime Unmanned Aerial System (MRMUAS)

F/A-XX sixth-generation air superiority fighter SDD

In addition to the programs listed above, there are number of events scheduled to occur over the time period projected for the bridge contract involving Navy-owned vessels such as the DDG 119 (Navy warship), RELENTLESS, PREVAIL, HUGO, HUNTER, NARRAGANSETT and other Training Support Vessels. Multiple Test and Evaluation missions and test events are supported on a daily basis during core working hours and occasionally outside core working hours at Patuxent River, MD. On a regular basis, Range Operations teams consisting of both Government and contractor personnel are deployed to support test events at remote CONUS and OCONUS locations as well as on Navy Ships at sea for extended periods of time.

*Inclusive of six-month bridge contract and the potential for the six-month period associated with FAR 52.217-8, Option to Extend Services.

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

10 U.S.C. 2304(c)(1), Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority.

Pursuant to FAR 6.302-1(a)(2)(iii)B), only PAE can perform the required continuation of effort without unacceptable delays, compromising mission readiness for Navy and non-Navy customers. Without award of this sole source bridge contract there will be work stoppage at critical warfighter capability installations, as well as significant delays and disruption in long-term life-cycle engineering across multiple programs.

Due to their history of performing the required Range services, PAE is the only company capable of meeting current tasking requirements in the time allotted to avoid a gap in services. PAE is in the unique position to provide labor, procure the materials and perform the travel in an expeditious manner that supports the various project schedules. Awarding a bridge contract to any other company would inject delay into the schedule, as their personnel would face a steep learning curve. As a result, no other company would be able to perform the Range services required after completion of the current contract, J&A_21_0014 ending on 12 December 2020, until resolution of the COFC protest and completion of the transition period of the competitive follow-on contract. Any delay in the availability of required contractor personnel would result in an adverse impact to Range services that would jeopardize the timely delivery of warfighter capabilities.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable.

This is a sole source bridge to an existing contract, N00421-14-C-0038, that is necessary to ensure continued Range services support to the ART Department. The requirement in DFARS PGI 206.302-1 has been waived by Class Waiver of DFARS PGI 206.302- (RFI/SS) Requirement 9 June 2015. Pursuant to FAR 5.201, a synopsis was posted on 23 September 2020 and to date no comments or responses from industry were received.

7. Determination of Fair and Reasonable Cost.

In accordance with FAR 15.402, the Contracting Officer shall ensure that all supplies and services provided under this contract are procured at a fair and reasonable price. PAE will submit a formal cost proposal with certified cost or pricing data and sufficient information to support the accuracy and reliability of the estimate. Experienced technical analysts and contract specialists with the aid of necessary field pricing support will review PAE's proposal. The Contracting Officer will utilize cost and price analysis as the basis for negotiating a fair and reasonable price.

8. Actions to Remove Barriers to Future Competition.

The follow-on competitive procurement for this requirement was awarded on 01 September 2020. Due to a protest submitted to the GAO by an unsuccessful offeror, invoking an automatic stay of performance under the Competition in Contracting Act, execution of the contract was placed on hold pending the decision from the GAO. This resulted in a delay to the start of the transition period of the follow-on contract. In addition, the Government recently received notification on 06 November 2020 that the unsuccessful offeror, whose protest was denied by GAO, will now file a protest with the Court of Federal Claims. Due to the ongoing nature of the support services currently being performed under contract N00421-14-C-0038, and the need to continue these services with a minimal break in work, PAE is the only source for providing the necessary continuation of these services until the transition period for the follow on contract can be completed.