Contract FA489016C0008 (ACTS) Bridge J_A_Redacted.pdf

Justification and Approval (J&A) for Other Than Full and Open Competition

CUI

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I. Agency and Contracting Activity.

Agency: Department of the Air Force

HQ ACC AMIC/PKB

129 Andrews Street, Suite 110 Joint Base Langley-Eustis, VA 23665-2788

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

This J&A is to provide a bridge action for the performance of services under contract FA489016C0008 through a firm fixed price (FFP) contract modification with cost reimbursable (CR) line items for a period of 9 months with option to extend three (3) additional months. Total performance under the bridge action shall not exceed twelve (12) months.

The need for this bridge action is to mitigate a break in service on the existing contract FA489016C0008 with BERING SEA ENVIRONMENTAL, LLC. Efforts began for the new re-compete contract in July 2019 with requirements gathering, work breakdown, and initial draft of a new performance work statement.

These efforts were immediately impacted by the loss of a key government expert and ACTS previous program manager for the contract in mid-July 2019. This government personnel shortfall continued through mid-January 2020 when the civilian personnel office completed hiring actions for a replacement ACTS technical expert. The implementation of COVID-19 health protective measures in March 2020 further disrupted the effort with the worst impact between March and June 2020, which totally halted efforts on the new contract. The subsequent duty re-assignment of another key government ACTS expert in June 2020 has again caused a personnel shortfall, which remains unresolved. In spite of the initial pro-active and early planning, the net result of the personnel shortfalls and pandemic response impacts have significantly delayed ACC/A3AR in supplying AMIC with a complete requirements package, jeopardizing the planned contract action schedule and risking a lapse in training services.

COVID-19 pandemic response also had rolling and continued impacts on the scope and inclusion of projected ACTS requirements because the health protective measures have significantly delayed the deployment of new technology and systems originally planned for CAF ranges. The effort to include these new requirements began in 2019, but then requirements had to be systematically adapted as the COVID-19 mitigations in 2020 affected and delayed the planned implementation of systems such as the Live Mission Operations Center, War Room, and Digital Radio Management System. COVID-19 travel and quarantine restrictions delayed the requirement finalization and equipment installation and resulted in the need to plan for the incremental inclusion of these requirements in the option years of the new re-compete contract. The rework to accommodate the delays in fielding of new technology to CAF ACTS locations only exacerbated the personnel shortfall described above.

As discussed below in Section V, the current contract initially expired on 31 December 2020. However, due to the delays/issues cited above, ACC/A3AR requested the six-month option to allow time to define the future requirement. AMIC/PKB fully exercised a 6-month extension, allowed by FAR 52.217-8, Option to Extend Services, and the contract now expires 30 June 2021.

Efforts for the follow-on contract continue, but are still slowed by remaining pandemic mitigations and significantly impacted by the ongoing personnel shortfall, which will continue to slow efforts through June 2021. These impacts are driving the need for a bridge action to allow sufficient time to negotiate a follow-on contract and avoid a break in critical ACTS contract performance/service.

III. Description of supplies/services required to meet agency needs (including the estimated value).

The USAF has an enduring, non-commercial requirement for a robust Air Combat Training Systems

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(ACTS) capability that instruments combat aircraft and range/airspace training areas to provide connectivity from the airborne platform through remote airspace/range equipment and back to a centralized operations center on the host base to support pre/live/post-mission warfighter training and exercise activities.

The ACTS operation and maintenance (O&M) contract supports this requirement by providing critical program, and mission support services for ACTS. The ACTS program is a collection of aircraft-carried instrumentation packages (pods) and the associated ground infrastructure components that facilitate the collection and transmission Time-Space Position Information (TSPI) and range systems data to support live combat training and create a realistic and safe training environment for the Combat Air Force.

ACTS increases the quality of aircrew training in air combat, weapons firing boundary recognition, and tactics employment. ACTS supports mission preparation, real-time mission execution, and post-mission reconstruction for training review and debrief of combat aircrew.

The contract provides O&M support services for three MAJCOMs (ACC, USAFE, and AFGSC), one foreign partner (Royal Singapore Air Force (RSAF)), and one forward operating location (AFCENT Air Warfare Center in the UAE). ACTS support for these stakeholders includes maintenance and repairs on ACTS pods and ground system equipment, transporting and loading of pods onto aircraft, Range Training Officer (RTO) services for live execution, and dedicated mission debriefers for mission data integration, analysis, and presentation.

The estimated price for the bridge is outlined below. The estimate is based on the last option period pricing on the current contract and includes a increase for firm fixed price CLINS to compensate for potential increases in wages. The serviced commands and foreign partner (ACC, USAFE, AFGSC, and RSAF) will provide 3400 appropriations to fund the bridge action. The period of performance for the bridge action is 1 July 2021 - 30 June 2022.

ACC - Firm Fixed Price

USAFE - Firm Fixed Price

FMS - Firm Fixed Price

ACC - Cost Reimbursement

USAFE - Cost Reimbursement

Total:

IV. Statutory authority permitting other than full and open competition.

10 U.S.C 2304(c)(1), as implemented by FAR 6.302-1(a)(2)(iii), Only one responsible source and no other services will satisfy agency requirements.

V. Demonstration that the contractor's unique qualifications or the nature of the acquisition requires use of the authority cited above (applicability of authority).

Bering Sea Environmental, LLC (BSEn) is currently performing the required services outlined in Section III on contract FA489016C0008. The Small Business Administration (SBA) accepted the current requirement as a competitive acquisition in the 8(a) Business Development Program on 25 January 2016.

The contract, awarded on 29 January 2016, included a one-month transition period from 1 February - 29 February 2016 with base period of performance from 1 March 2016 through 31 December 2016. In addition to the base period, five additional periods of performance (four 12-month periods and one 6-month extension of services) were included in the total evaluated price and CLIN structure. The timeline for the

March 2020 CUI Page 4 of 6 bridge action outlined in Section II allows sufficient time for contract transition activities and performance start when working with SBA to award a competitive contract under the 8(a) Business Development Program.

The ACTS contract is critical for aircrew combat readiness and Formal Training Unit (FTU) training. Any attempt to pursue a full contract re-compete, without the schedule buffer afforded by this bridge contract, would result in unacceptable delays with severe mission impact that would adversely affect air combat readiness training of Combat Air Forces mission ready aircrew. In addition, F-22, F-16, F-15, B-1, and B-52 FTU squadrons would suffer mission impacts and adverse effects from contract delays. All FTUs adhere to strict flying syllabi, driven by time schedules and TDY costs of the students. The impact on FTU training extends to partnerships with coalition countries. For example, the RSAF receives training support under this contract at Mountain Home AFB. Mission ready aircrews and FTU training sorties have timeline constraints to meet their air combat training requirements. The loss of ACTS capability would severely impact air combat training at combat and FTU wings throughout ACC, USAFE, AFGSC and International Cooperation efforts in AFCENT.

The ACTS contract requires performance in multiple overseas countries each with its own specific work permits and moderate lead-time (2-4 months) for work/visa approvals. The ACTS contract requires performance in classified areas with significant lead-time (6-10 months) for obtaining required security clearances (up to TS/SCI and caveats) and local access to secure areas where contract services are performed. The ACTS contract requires highly specialized skill sets (such as the Range Training Officer) that are hard-to-fill specialties requiring moderate lead-time (2-3 months) for hiring and vetting.

BSEn has current, available staff with highly specialized knowledge, international work permits, and required security clearances required for immediate and continued support of critical warfighter training operations. No other contractor has the capabilities to continue ACTS support operations on such short notice for such a short period of performance.

Award to any other source would result in unacceptable delays to the Air Force's ability to fulfill combat aircrew training requirements. The lead time to do a competitive 8(a) re-compete would be more than six months. Also, due to the highly specialized qualifications and training required to perform the mission, a 90-day transition period would be required before actual performance start.

A competitive acquisition in the few months remaining before the current contract extension expires is not practical. By exercising a bridge contract, the incumbent continues the current effort for the bridge period with no loss in efficiency and no adverse impact on combat aircrew training. Accordingly, BSEn is the only firm capable of providing the supplies and services described in Section III above without the U.S. Air Force experiencing unacceptable delays in fulfilling its requirements.

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under

FAR 5.202 applies.

Market research was not conducted for this bridge action, but was conducted for the anticipated follow-on requirement. On September 11, 2020 a Sources Sought Synopsis, draft PWS and questionnaire was posted to the “Contract Opportunities” section of beta.SAM requesting capability statements of all interested 8(a) vendors by 30 October 2020. Responses were received from the following contractors:

. All companies are current participants in the 8(a) program and list NAICS code 541330 used on the current contract.

This bridge action will not require a Notice of Proposed Contract Action (NOCA). FAR 5.202(a)(4) exempts the NOCA requirement when the proposed contract action is expressly authorized or required by a statute to be made through another Government agency, including acquisitions from the Small Business Administration (SBA) using the authority of section 8(a) of the Small Business Act. SBA accepted the

March 2020 CUI Page 5 of 6 current requirement for the 8(a) Business Development Program on 25 January 2016. There are no significant changes to the requirement and it is expected the SBA will accept the follow-on requirement in the 8(a) program.

Given the criticality of the requirement, it is not practicable to award an interim contract to one of the above contractors by 30 Jun 2021. Performance on the current contract is at multiple CONUS/OCONUS locations, which would require a transition period of at least 90 days for any contractor other than the incumbent to assume the vast responsibilities of the requirement. Based on rationale provided in Section V above, it is not practicable to solicit additional sources for this immediate and short-term requirement.

VII. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

No changes to labor categories or staffing are expected during the extended period of performance. Prices are based on current contract pricing established during the source selection and wage adjustment per FAR 52.222-43.

VIII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

As described in Section VI above, market research, in accordance with FAR Part 10, was not conducted for this bridge action. Based on early market research conducted for the full follow-on contract, there is reasonable expectation that offers will be obtained from at least three responsible 8(a) small business concerns assuming this bridge contract is awarded to ensure there is sufficient time for proposal generation and planning for transition periods.

IX. Any other facts supporting the use of Other Than Full and Open Competition.

Due to the OCONUS locations, security requirements, and the technical qualifications required for personnel supporting this effort, a three-month minimum transition between contractors is an integral part of the RFP. This bridge contract will provide future bidders the time required to submit fully considered proposals that include a robust transition period and plan to obtain/retain current workforce or hire new workforce and clear them through OCONUS/DOCPER work requirements and security clearance processes.

X. List of any sources that expressed, in writing, an interest in the acquisition.

See Section VI above. Based on early indications, multiple offers are expected on the full follow-on contract assuming this bridge contract is put in place to allow sufficient time for a competitive SBA 8(a) proposal process.

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

Current requirement is part of the SBA 8(a) Business Development Program and the expectation is the requirement will remain in the program for the follow-on contract.

XII. Certification by the Contracting Officer.

As evidenced by my signature above, I have determined this document to be both accurate and complete to the best of my

March 2020 CUI Page 6 of 6 knowledge and belief.

XIII. Certification by the technical/requirements personnel.

As evidenced by my (our) signature(s) above, I (we) certify that any supporting data contained herein, which is my (our) responsibility, is both accurate and complete.