CONTRACT 15JPSS20D00000035 JOFOC - Final.pdf

U.S. Department of Justice Justice Management Division Procurement Services Staff Washington, D.C. 20530

Justification to Raise the Contract Ceiling 15JPSS20D00000035 Page 1

Justification for Other than Full and Open Competition

FAR Part 6.302-1

1. Identification of the agency and the contracting activity.

This justification is prepared by the United States Department of Justice (DOJ) in accordance with Federal Acquisition Regulation (FAR) 6.302-1. The requiring organization is the Criminal Division, International Criminal Investigative Training Assistance Program (ICITAP) and Office of Overseas Prosecutorial Development, Assistance and Training (OPDAT). The contracting activity is the Justice Management Division, Procurement Services Staff.

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

Contract 15JPSS20D00000035 was awarded to PAE Government Services, Inc.1, on December 18, 2019, for worldwide support services for ICITAP and OPDAT, under a single award contract using full and open competitive procedures. The indefinite delivery, indefinite quantity (IDIQ) contract has a ceiling value of $400,000,000.00 the term is for a one-year base and six, one-year options periods.

The Department intends to modify Contract 15JPSS20D00000035. The modification will increase the current contract ceiling value of $400,000,000.00 by $350,000,000.00 to $750,000,000.00. The modification, which will increase the contract ceiling throughout the remaining contract term to include:

Option Period 4 (August 1, 2024 – July 31, 2025) Option Period 5 (August 1, 2025 – July 31, 2026) Option Period 6 (August 1, 2026 – July 31, 2027)

If all Option Periods are fully executed, the ceiling increase will ensure continuity of mission critical services until a new competitive procurement is completed. Preparation for this new competitive procurement is currently underway.

3. Description of the supplies or services required to meet the agency’s needs, including the estimated value.

Under the current IDIQ task order type contract, the contractor provides logistical

1 Amentum purchased the contract from PAE, which is how Amentum became the current incumbent. A Name Change Novation Agreement was issued by the CO on 2/13/2023 to retroactively change PAE to Amentum effective as of 8/24/2022.

Justification to Raise the Contract Ceiling 15JPSS20D00000035 Page 2 support for ICITAP and OPDAT programs worldwide. For ICITAP, contractor personnel primarily furnish overseas administrative, logistical, professional, and technical labor, supplies, equipment, facilities, and materials in support of ICITAP’s mission to promote and help to build foreign police agencies that are committed to the rule of law in order to foster partners in the fight against transnational crime, corruption, and terrorism, and in so doing, helps stem the tide of criminality before it reaches the United States. For OPDAT, a significant amount of contractor support goes toward supporting United States based study tours. These study tours consist of foreign delegations that may vary in size from a few participants to several dozen, as well as foreign support staff, such as interpreters traveling to the United States and/or its territories to meet with justice sector agencies. Study tours may last over the period of a few days at one or two destinations or up to two weeks at multiple destinations. The contractor is responsible for managing all logistics such as arranging the airfare, hotels, and ground transportation for these participants from the time of their departure from their host country, throughout their time in the United States to their return home.

Based on the total obligations from the beginning of the contract to present, it is anticipated that an extra $350,000,000 is needed to continue ICITAP/OPDATs critical missions throughout the life of the contract, including all option years.

The need to increase the current contract ceiling is due to the rapid and unforeseen rise in the funding support from ICITAP and OPDAT primary funders, which includes the State Department’s Bureau of Counter Terrorism (CT), the Bureau of International Narcotics and Law Enforcement Affairs (INL), and the Export Control and Related Border Security (EXBS) Office to support current global events in places like Ukraine and Somalia.

4. Identification of the statutory authority permitting other than full and open competition.

Negotiations will be conducted with Amentum Services Inc. under the statutory authority of 41 U.S.C 3304(a)(1) as described in subsection FAR 6.302-1 - Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

Amentum Services Inc. has been performing the CRM ICITAP and OPDAT support services more than satisfactorily under the aforementioned contract. The inability to continue services with this contractor in anticipation of a follow-on procurement would negatively and permanently damage the relationships between ICITAP/OPDAT and their funders.

Justification to Raise the Contract Ceiling 15JPSS20D00000035 Page 3

ICITAP and OPDAT are engaged in over 77 countries worldwide as a result of an ever increasing need to work with foreign governments to develop effective, professional, and transparent law enforcement capacity that protects human rights, combats corruption, and reduces the threat of transnational crime and terrorism, in support of U.S. foreign policy and national security objectives. In-country field support, supply chain support, material purchasing, and customs support and in-country labor contracts have been established by Amentum to meet operational objectives and to help counter the threat of Weapons of Mass Destructions (WMD) and Terrious movement between supported countries. Amentum is the only contractor that currently has trained personnel with the appropriate security clearances to perform the work.

Due to the complexity of the work required, it is not possible for another contractor to transition and train the requisite personnel without an impactful break in service and mission. It takes years to cultivate the relationships between our general contractor and in-country representatives who are the recipients of our IDIQ task order services and equipment. ICITAP and OPDAT have worked extremely hard with Amentum to cultivate these relationships.

6. 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.

A notice will not be publicized due to the fact that the exception under FAR Part 5.202(a)(11) applies. The original solicitation was publicized IAW with FAR Part 5.2 in July 2017 in FedBizOpps and resulted in contract award in December 2019 with the incumbent contract performance beginning on August 1, 2020, after a three-month contract transition period.

Market research will be conducted to seek as many sources as possible during the recompete phase for the new contract. Preparation for this recompete is already underway.

7. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The current contract with Amentum Services Inc., was awarded using full and open competitive procedures. Contract prices for the base period and all option periods were determined to be fair and reasonable based on adequate competition among the proposals received. Contract prices for the labor CLINs will remain as listed in contract Pricing Table for all remaining option periods.

The Contracting Officer will determine a fair and reasonable cost and represents the best value to the government for all Other Direct Cost items (ODC). Based on historical

Justification to Raise the Contract Ceiling 15JPSS20D00000035 Page 4 data, it is anticipated that the cost to the Government for this requirement will be equal or less than current commercial market pricing.

Furthermore, the Contracting Officer will negotiate with Amentum Services Inc, for the unpriced ODCs, ensuring that the prices for any unfixed labor and other support services are fair and reasonable.

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

When the original contract was solicited in 2017, market research was conducted.

Although current market research was not conducted, it was considered in the exploration of the time and effort required to establish in-country presence and build the relationships vital for successful performance by the current contractor. This market research revealed that it is not practical to expect completion of a re-procurement with a potentially different contractor and associated transition time without a significant break in service. To bring in a new contactor at this time and up to speed on how the mission of ICITAP and OPDAT work, would take upwards of 12 to 24 months, not including the additional cost to the government.

Additional market research will be conducted during the recompete phase for the new contract. Preparation for this recompete is already underway.

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

A competitively awarded short-term bridge contract would not be prudent or practicable. Given the scope of services, a limited competition (for a bridge contract), including the process of issuing a solicitation, obtaining proposals, conducting an evaluation, and making award, and the need for a possible transition period, would take at least several months and require that the Department shift resources from the follow-on competition to the short-term bridge competition, thus further delaying the planned future competitive award. In addition, there would be work conducted under various Task Order that would have to continue under the purview of the current incumbent contractor. This would take coordination between the Government and the two contractors. For the aforementioned reasons, the Contracting Officer has concluded that raising the current contract ceiling sufficiently to fund all three remaining Option Periods with Amentum Services Inc. is in the best interest of the Government.

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

None.

Justification to Raise the Contract Ceiling 15JPSS20D00000035 Page 5

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

The Government will continue to search the marketplace to determine industry sources capable of performing this effort. Actions are underway for the competitive follow-on procurement of this requirement.