ATC JA 1 July 2020(2) 24 July 2020 Redacted.pdf

Amendment

Justification and Approval for Other Than Full and Open Competition

Program/Equipment: Air Traffic Control (ATC) services for Fort Bliss, TX

Authority: 10 United States Code (USC) 2304 (c)(2) as implemented in Federal Acquisition Regulation

6.3022(a)(2), Unusual and compelling urgency.

Amount: $378,601.00

Prepared by:

Gabriel D. Escarciga Phone: (915) 568-6122

Contract Specialist

Email: Gabriel.d.escarciga.civ@mail.mil

Contracting Officer:

Miguel A. Medrano Phone: (915) 568-4489

Contracting Officer

Email: Miguel.a.medrano.civ@mail.mil

Technical Representative:

Ronald McCrae Phone: (915) 744-8600

Contracting Officer Representative

Email: ronald.l.mccrae.civ@mail.mil

Requirements Representative:

Randall Stewart Phone: (915) 744-9289

Airfield Manager

Email: randall.j.stewart2.civ@mail.mil

XXXXXXXXX

XXXXXXXXX

XXXXXXXXX

Legal Counsel: Phone: (254) 618-8739

For Susan D. Denley

Email: Susan.d.denley.civ@mail.mil

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

Miguel A. Medrano Phone: (915) 568-4489

Contracting Officer

Justification and Approval for Other Than Full and Open Competition

1. CONTRACTING AGENCY: Mission and Installation Contracting Command - Fort Bliss

(MICC Fort Bliss), Texas

2. DESCRIPTION OF ACTION: Approval is requested to award a 60 day bridge contract with a

Period of Performance from 6 July 2020 to 4 September 2020 for Air Traffic Controller (ATC) services at Fort Bliss, TX. MICC Fort Bliss is finalizing a solicitation amendment for

W911SG19-R-0023 which received a GAO post-award protest (B-417921) against the follow on contract, W911SG-19-D-0003 that was awarded on 23 August 2019. The proposed action is for a Firm Fixed Price (FFP), purchase order that will allow for the continuation of ATC operations services at Biggs Army Airfield (BAAF), Fort Bliss, Texas. The estimated value of this requirement is $378,601.00 Fiscal Year 2020 (FY20) Operations and Maintenance, Army

(OMA) funding is available for this requirement.

3. DESCRIPTION OF SUPPLIES/SERVICES: This requirement is for the provision of Air

Traffic Control (ATC) services for Fort Bliss, Texas. The required services include program management, supervision, and labor necessary to meet mission requirements to control air and ground traffic, and provides flight following services to aircraft flying in Fort Bliss managed airspace and any training/test flight areas occupied within a 10 nautical mile radius of Ft Bliss.

These services are performed from a Government-owned Army non-approach control tower and a Fixed Base (non-tactical) Airspace Information Center (AIC) meeting Federal Aviation

Administration standards. The Period of Performance (POP) is for 60 days from 6 July 2020 to

4 September 2020.

4. AUTHORITY CITED: 10 United States Code (USC) 2304 (c)(2) as implemented in Federal

Acquisition Regulation 6.302-2(a)(2), Unusual and compelling urgency.

5. REASON FOR AUTHORITY CITED: The agency’s need for the services is of such an unusual and compelling urgency that the Government would be seriously injured unless it is permitted to limit the number of sources from which it solicits bids or proposals. Any other alternative to this sole source bridging action would cause unacceptable delay in the performance of these critical services, affecting the scheduled deployment and re-deployment of Army units across the globe.

a. Background: Fort Bliss, TX is the last installation to utilize contracted ATC services in the Department of the Army, and one (1) of two (2) Active Army

Mobilization Force Generation Installation (MFGI) installations. This mission includes training National Guard and Reserve component units, and providing sustainable logistical training support in preparation for deployment. Fort Bliss is also designated as a Power Projection Platform (PPP) with the independent mission to facilitate the movement of troops and equipment by way of public roadways, seaports, airfields, railheads and Army Prepositioned Stocks (APS) affording the Army to rapidly deploy at a moment’s notice. In addition, to these critical operations, Fort Bliss performs daily airfield (aircraft and personnel) operations and training that maintain Fort Bliss’s operational readiness to effectively and efficiently support contingency and wartime missions.

b. Alternatives: Alternatives considered in making the determination to issue a bridge contract to the current contractor include an analysis of the impact if services were to lapse, procuring services from the adjacent City of El Paso, the competitive award of a separate short-term contract, and utilization of borrowed military manpower.

1). Forego Service: As previously indicated, suspension of ATC services presents unacceptable immediate impacts to the Army’s mission. Deployment training and transportation support to one or more high priority brigades and reserve component units would cease, and result in the need to re-schedule pre-deployment training that is already in progress or in the queue to commence in the near term. Military Units would be re-routed to other Army airfields, and some aircraft types, because of their size and purpose, would not be able to be used to transport equipment at all. BAAF is uniquely equipped with the longest runway in the Army; thereby, enabling the use of these very large aircraft in deploying large groups of Soldiers and equipment. Foregoing services would seriously jeopardize Fort Bliss’ ability to provide support of other mission requirements as well; therefore, foregoing services is not a viable option.

2). Procure ATC services from the City of El Paso: El Paso is situated adjacent to Fort

Bliss and is the only municipality within the local area. However, El Paso International

Airport falls solely under the Federal Aviation Administration (FAA) and is not subject to Army Regulations. El Paso International does not have the facilities or additional capacity to take on the Army mission described herein, and if modification of those facilities were a possibility, the cost to the Army would be prohibitive and would not be able to be accomplished in the time remaining until contracted services expire. This is not a viable option.

3). Competitively award a separate services contract: The stated requirement is for an interim solution (bridging action) to provide ATC services for a 60 day period to allow the MICC-Fort Bliss to amend the current solicitation, evaluate revised proposals and complete the source selection for a new contract. There is insufficient time remaining in the current contract to conduct a new, competitive procurement. Developing, soliciting and evaluating a new competitive contract of this magnitude requires no less than 60 days to complete. Awarding a separate contract also involves a transition period between contractors that typically requires 30 days or longer to complete. The redundancy in attempting this course of action is both inefficient and unpredictable, and provides no assurance that services will not be temporarily interrupted one or more times during the process. Competitively soliciting a short-term contract at this time is not a viable option.

4). Utilizing borrowed military manpower to perform ATC services is not possible. The

Army does not possess adequate organic resources that are trained and certified in the operation of air traffic services available to transfer to Fort Bliss. Extensive qualification requirements cannot be initiated and completed in the time remaining until the expiration of the current contract; the requisite field experience that enables certification of individuals destined to perform ATC support is not achievable for the same reasons. Borrowed military manpower is not a viable option.

c. Justification: Pursuant to 6.302-2(a)(2), a bridge to Techwise, the incumbent, is the only source that possesses the corporate knowledge and immediate capability to provide

ATC services without a lapse in critical and urgently needed service until the follow-on contract can be awarded. Techwise has the institutional knowledge of Fort Bliss’s airfield requirement, the necessary management and labor structure in place to sustain the current level of performance without a break in service. Pursuing a competitive bridge contract at this juncture would not be in the Government’s best interest and would result in additional procurement costs that are not expected to be recouped through competition. Award to any other source would require substantial phase-in of a new management team, a considerable workforce and review and approval of licenses and certifications that are not feasibly achievable in the time remaining until the end of the current contract. Fort Bliss does not have the requisite experienced uniformed or Department of Army (DA) civilian resources available to perform these requirements for any length of time. A break in service is not a Government acceptable or manageable risk given the critical nature of these services.

6. IMPACT: Failure to approve this J&A will result in critical mission failure and Fort Bliss’ inability to support its primary mission. BAAF is one of only two essential airfields in the

Army capable of supporting all Army and Air Mobility Command aircraft. Fort Bliss was designated as a Mobilization Force Generation Installation (MFGI) in 2019. As a result, the number of soldiers mobilizing and demobilizing through Fort Bliss increased exponentially. The deployment mission within the Army continues to grow, this increase dictates further increases the ATC mobilization/demobilization movement to OCONUS locations. More than 7,000 Soldiers are scheduled to mobilize through Fort Bliss between

June and September 2020. Further, two Heavy Brigade Combat Teams (HBCTs) and one

Infantry Brigade Combat Team (IBCT) are scheduled to mobilize at Fort Bliss between

September and December 2020 (10,000). While these are planned missions we have to be prepared to support the unplanned, unscheduled missions that occur without prior notification.

7. EFFORTS TO OBTAIN COMPETITION: During the solicitation, three proposals were received and evaluated for award. As a result the Government will enter into a contract with the incumbent for 60 days for ATC services, and continued operation at Fort Bliss.

8. ACTIONS TO INCREASE COMPETITION: Competition for an interim bridge contract for 60 days is not feasible within the timeframe available until the current contract expires.

Executing a sole source bridging action with the incumbent is the only viable alternative to continuing essential services until the appropriate changes are made to the solicitation, revised proposals are received and evaluated, and a new source selection decision is made.

Due to the specialized nature of these services, there are a limited number of firms in the market place that possess the certification and work experience required by the FAA and the Army.

9. MARKET RESEARCH: Extensive market Research was conducted on March 2019 by

MICC Fort Bliss during the follow-on procurement; it was concluded to set aside 100% to

Small Business in order to promote maximum competition. No additional market research conducted due to the compelling urgent nature of this procurement.

10. INTERESTED SOURCES: During the previous market research for contract

W911SG19D0003, a Sources Sought Notice was posted on 18 January 2019. Eight firms responded, but only three were determined to be capable of performing service to the extent required by the Army with an appropriate transition time.

11. OTHER FACTS: The awardee of this contract will be required to comply with the current collective bargaining agreement (CBA) between the Union and Techwise.

a. Procurement History:

Contract

Number Contractor Set-Aside

Type Contract

Type Value Period of

Performance Contractor

Business Size

W911SE11-

D-

10202L04

TECHWISE 100% SB

OPTARRS

Fixed- Priced

$8.710M 01 Aug 2014 To

31 Jul 2019

SB/WOS

W911SG-

08-D-0011

Defense Contract Services

Inc.

Unrestricted Fixed-priced

$5.807M 30 Apr 2009

To 31 Oct 2014

SB

Prior Acquisitions: In 2014, Techwise was awarded and provided ATC services at Fort Bliss, TX under contract number W911SE-11-D-1020-2L04. The contract was an IDIQ type and consisted of a one-year base period and 4 one-year option periods with a total period of performance from August 2014 – 31 July 2019. Prior to this contract expiration, the Government began procurement efforts to pursue a follow-on contract with solicitation W911SG-19-R-0023.

On 1 August 2019, purchase order W911SG-19-P-0062 was awarded to Techwise to extend services while completing the follow-on contract. On 23 August 2019 and prior to the expiration of the previous purchase order, contract W911SG19-D-0003 was awarded to PMI which consisted of a base plus 4 one year options, with period of performance of 1 September 2019 through 30

Aug 2024. However, on 30 August 2019, the award to PMI was protested by the incumbent vendor, Techwise. As such, on 31 August 2019, both a stop work order was immediately issued directly to PMI, and a purchase order W911SG-19-P-0081 was awarded to Techwise, for a one

(1) month extension to continue services from 1-30 September 2019. The purpose of the later PO was to continue services during corrective action. Similarly, during corrective action, other errors were discovered which necessitated additional time. Thus, on 26 September 2019, PO

W911SG19-P-0099 was awarded to Techwise, for a two (2) month period to continue services from 1 October, 2019 - 30 November 2019. On 30 November 2019, purchase order W911SG-20-

P-0003 was awarded to Techwise, issued for a four (4) month period to continue services from 1

December 2019 – 31 March 2020. On 27 March 2020, contract W911SG-20-P-0033 was awarded with a period of performance from 1 – 30 April 2020 to Techwise on a sole source basis. On 30 April

2020, contract W911SG-20-C-0005 was awarded with a period of performance from 1 May – 31

July 2020 to Techwise on a sole source basis.

b. Anticipated Milestones are provided below:

Event Start Date

GAO Ruling Protest #2 26 June 2020

Termination of Current

Contract

6 July 2020

Posting of J&A 2 July 2020

Publish Amendment 26 June 2020

RFI Receipt 7 July 2020

RFI Responses 17 July 2020

Receive Proposal 31 July 2020

Tech Evaluation 3-14 August 2020

Congressional Notification 20 August 2020

12. TECHNICAL CERTIFICATION: I certify that the supporting data under my cognizance included in this justification are accurate and complete to the best of my knowledge and belief.

Ronald McCrae Date: 23 July 2020

ATC Branch Chief /COR

13. REQUIREMENTS REVIEW/APPROVAL: The requirement herein described is a valid requirement for the activity named in this justification. The technical and requirements information contained in this justification represent the minimum needs of the

Government, and the only way to satisfy this requirement is by limiting the competition as described IAW 6.302-2.

For Randall Stewart Date: 23 July 2020

Division Chief / Airfield Manager

FAIR AND REASONABLE PRICE DETERMINATION: I hereby determine that the anticipated price for this bridge will be fair and reasonable. The technique identified at FAR

15.404-1(a)(4) will be used to ensure award will be made at a fair and reasonable price.

14. CONTRACTING OFFICER CERTIFICATION: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Miguel A. Medrano

Contracting Officer

Date: 24 July 2020

Approval

Based on the foregoing justification, I hereby approve a 60 day, sole-source bridging contract action for ATC services, and continued operation of the BAAF to be awarded to Techwise in the amount of $378,601.00. Approval is provided pursuant to the authority of FAR 6.302-2 and funds are available for this requirement. Services are approved provided the services herein described have otherwise been authorized for acquisition.

Miguel A. Medrano Date: 24 July 2020

Contracting Officer