D01_EFOJ_NDTE_JA-21-B-375_redacted.pdf

Control No: JA-21-B-375

Contractor: IAP Worldwide Services, Inc.

Program/Equipment: Non-Destructive Test Equipment

FAR Part 16 Exception to Fair Opportunity Justification Under Multiple Award Indefinite Delivery Contracts

For Actions Exceeding the Simplified Acquisition Threshold (SAT)

1. Contracting Activity: U.S. Army Contracting Command Army Contracting Command - Aberdeen Proving Ground Division B, CCAP-CCB 6565 Surveillance Loop, Bldg. 6001 Aberdeen Proving Ground, MD 21005-1846

2. Description of Action: The proposed action is for a modification to Cost-Plus-Fixed Fee and Cost (no-fee) Task Order (TO) W15P7T19F0499 under Contract W15P7T-17- D-0146 to increase the order ceiling by $685,629.20 (from $31,886,315.67 to $32,571,944.87). This ceiling increase is specifically on the travel Contract Line Item Number (CLIN) 1008 for Option Period 1 to continue providing Enhanced Small Arms Protective Insert (ESAPI) Plate Scanning operations supporting the Total Force Army.

TO W15P7T-17-D-0146 W15P7T19F0499 was issued under the Responsive Strategic Sourcing for Services (RS3), Multiple Award Indefinite Delivery, Indefinite Quantity (MA IDIQ) Contract. Fiscal Year (FY) 2021 Operation & Maintenance Army (OMA) funds will be used for this effort. This action is required no later than 15 August 2021 in order to prevent a break in vital equipment scanning support.

An acquisition plan is not required for this request as it falls under the RS3 MA IDIQ contract. The basic RS3 acquisition plan fulfills the requirement for all task orders.

3. Description of Supplies/Services: The Organizational Clothing and Individual Equipment (OCIE) Central Management Office (COM) performed by the US Tank and Armament Command (TACOM), Life Cycle Management Command (LCMC), led by Program Executive Office Soldier (PEO Soldier) has a requirement to increase the Option Period 1 travel ceiling (CLIN 1008) by $685,629.20 (from $1,272,506.77 to $1,958,135.97) in order to continue providing ESAPI Plate Scanning operations supporting the Total Force Army.

Circumstances requiring the increase are due to Army directed requirement changes that require all Soldiers be equipped with four (4) hard armor plates for all high-risk live fire events. Previously, the requirement was only for deploying Soldiers. This requires an increase in travel under this TO in order to provide full NDTE support to CONUS and OCONUS locations. In addition, the U.S. Air Force, which currently has no hard armor scanning capabilities, has required an increase in travel under this TO in order to provide full NDTE support to CONUS and OCONUS Air Force bases. Finally, COVID- 19 related expenditures and the need to quarantine were unforeseen at the time of TO award. Since March of 2020, the Contractor was required to quarantine personnel for up to two weeks upon arrival at new locations on average in excess of 14 days per visit based upon CONUS or OCONUS requirements. This cost was not considered during the initial phase when accounting for travel related costs annually throughout options years.

W15P7T-17-D-0146 W15P7T19F0499 Contract Ceiling

Previous Ceiling

Increased By New Ceiling Period of Performance

Base Period $ 4,893,968.59 - $ 4,893,968.59 21 JUNE 2020 – 20 DEC 2020

Option Period 1 $ 6,637,026.95 $685,629.20 $ 7,322,656.15 21 DEC 2020 – 20 DEC 2021

Option Period 2 $ 6,716,109.37 - $ 6,716,109.37 21 DEC 2021 – 20 DEC 2022

Option Period 3 $ 6,777,337.61 - $ 6,777,337.61 21 DEC 2022 – 20 DEC 2023

Option Period 4 $ 6,861,873.15 - $ 6,861,873.15 21 DEC 2023 – 20 DEC 2024

Total $31,886,315.67 $685,629.20 $32,571,944.87

The Independent Government Estimate (IGE) for this required ceiling increase was established using per diem rates found on the Defense Travel Management Office (DTMO) website, airfare rates based on established or programmed schedules, commercial rental car rates, and other expenses including airport parking, mileage, tolls, and laundry (Continental United States only).

W15P7T-17-D-0146 W15P7T19F0499 Option Period I Ceiling

Previous Ceiling

Increased By New Ceiling Period of Performance

Option Period I Labor/1002 $3,210,320.13 - $3,210,320.13 21 JUNE 2020 – 20 DEC 2020

Option Period 1 Material/1007 $1,957,121.96 - $1,957,121.96 21 DEC 2020 – 20 DEC 2021

Option Period 1 Travel/1008 $1,272,506.77 $685,629.20 $1,958,135.97 21 DEC 2021 – 20 DEC 2022

Option Period 1 ODC/1009 $ 94,855.99 - $ 94,855.99 21 DEC 2022 – 20 DEC 2023

Option Period I TOTAL: $6,534,804.85 $685,629.20 $7,220,434.05

4. Authority Cited: 10 U.S.C. 2304c(b) as implemented by FAR Part 16.505(b)(2)(i)(A)

– The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays, and FAR Part 16.505(b)(2)(i)(C) – The modification must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

5. Reason for Authority Cited: The proposed source for this action is IAP Worldwide Services, Inc., 7315 N Atlantic Avenue, Cape Canaveral, FL 32920-3721.

TO W15P7T-17-D-0146 W15P7T19F0499 was competed amongst all RS3 prime contractors using FAR 16.505(b)(1) Fair Opportunity Process procedures. All the RS3 primes were given a fair opportunity to be considered for the award of the TO. The modification to increase the Option Period I travel ceiling under CLIN 1008 is a logical follow-on to the current NDTE support already underway by IAP under the current TO.

The proposed action to increase the CLIN 1008 travel ceiling must be awarded using an exception to fair opportunity justification in accordance with FAR Part 16.505(b)(2)(i)(A), because a delay in support would jeopardize the success of the ESAPI Plate Scanning operations mission and potentially placing the Warfighter in danger. This modification is critical to continue contracted travel support during Option Period I. Any break in travel support would cause the Warfighter to no longer receive vital scanning of armor protective plates, which would result in life-threatening risk on the battlefield in the face of small arms threats.

Also, in accordance with FAR Part 16.505(b)(2)(i)(C), while the increased travel support could be competed under RS3 again, managing more than one (1) prime contractor is not an efficient use of Program Office personnel or funds. Multiple prime contractors providing the same support could also cause confusion to the end user, the Warfighter.

Continuing with IAP as the prime contractor enables the Government to avoid duplication of efforts and functions, take advantage of already established economies and efficiencies, all while ensuring the continuity of this vital support. Based on time constraints and mission requirements, a modification to TO W15P7T-17-D-0146 W15P7T19F0499 will meet the Army’s requirements and will not negatively impact the Warfighter or the operational mission.

The Government considered the alternative of competing a new TO under the RS3 MA IDIQ for the required travel. However, this alternative was not feasible due to the significant schedule impact and risk. Based on historical experience and lessons learned, competitively executed awards for the type of services required for this action under $25M utilizing the RS3 MA IDIQ generally require approximately 115 calendar days from receipt of the requirements package to award. OCIE CMO TACOM LCMC PEO Soldier would have needed to develop a requirements package for a new TO (on average taking 20 days), allowed time for the receipt of proposal (30 days), evaluate proposals (estimate 30 days based on number of proposals received), conducted discussions and evaluation addendums (25 days), and make/document the award decision (10 days). The time required to compete this requirement would result in an unnecessary and detrimental gap in services. Furthermore, the use of Government resources to award a new effort for such a short timeframe is not economical. Overall, due to the complex nature of this requirement, the Government would realize unacceptable delays and a break in service if another source were utilized to complete this effort.

6. Actions to Increase Competition: Future NDTE requirements will be considered for competition under the RS3 contract vehicle.

a. Acquisition Data Availability: The Government possesses a Performance Work Statement containing specifications for this action. No other acquisition data is available.

b. Subcontracting Competition: FAR 52.244-5, Competition in Sub-contracting, was included in the current contract.

7. Market Research: The Request for Information (RFI), in accordance with FAR Part 10, “Market Research” was released to all RS3 prime contract holders on 07 July 2021.

The Government requested ROM and schedule responses by close of business on 13 July 2021. There were nine (9) respondents overall: two (2) valid responses who provided their interest and ROM, two (2) invalid responses who provided their interest but did not provide a ROM, and five (5) respondents who provided a no bid response.

The two (2) valid responses received from the RS3 prime contract holders were: 1) IAP Worldwide Services, Large Business; and MSK TriTech Group, LLC, Large Business. In order to determine whether sources were viable for this requirement, Government Contracting and Technical Experts conducted a detailed review of each received response:

Review of IAP’s response determined they are a viable source for the NDTE requirement. IAP provided a ROM that was in line with the IGE from a cost standpoint for travel support. IAP is currently successfully providing the full scope of the required NDTE support as the incumbent of the current TO, as documented in their most recent past performance evaluation during the rating period of 21 June 2020 through 20 December 2020 in the Contractor Performance Assessment Reporting System.

Review of MSK’s response determined they are not a viable source for the NDTE Option Period I travel increase requirement at this time. While MSK’s response did demonstrate previous experience supporting NDTE operation and preventative maintenance requirements for the United States (US) Marine Corps and US Navy, it failed to provide sufficient data in their ROM substantiating how they would be up and running at full support by the 15 August 2021 need date specified in the RFI. MSK provided a ROM that was in line with the IGE from a total cost standpoint, however, their ROM price was based on strictly labor, and did not take into consideration any travel or ODCs.

Based on the market research, the Government determined that although there are interested sources with the experience and resources to provide NDTE services, the technical experts determined that IAP was the only viable source that could meet the Government’s requirement in the required timeframe without a break in service.

8. Other Facts:

a. Procurement History: The table below provides the previous acquisition history for the NDTE service support requirements:

Contract Number Award Date Contractor Extent Competed/Authority

W15P7T-17-D-0146/

W15P7T19F0499

27 September

IAP Worldwide Services, Inc.

Fair Opportunity Process, FAR 16.505(b)(1)

W15P7T-10-D-D416/

28 August

IAP Worldwide Services, Inc.

Fair Opportunity Process, FAR 16.505(b)(1)

b. Schedule of Accountability: N/A

9. Technical Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Robin M. Miller Date:

Logistics Technician Signature: ____________________

10. Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Amit K. Saigal Date:

Chief, Central Management Office for OCIE Signature: ____________________

11. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based on the IGCE. Reasonable and allowable travel costs will be reimbursed at cost without fee.

Christopher W. King Date:

Procuring Contracting Officer Signature: _______________

12. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Christopher W. King Date:

Procuring Contracting Officer Signature: ________________

Approval

Based on the foregoing justification, I hereby approve the award of a modification to increase the Order ceiling by $685,629.20 from $31,886,315.67 to $32,571,944.87 using an exception to fair opportunity pursuant to the authority of 10 U.S.C. 2304c(b) as implemented by FAR Part 16.505(b)(2)(i)(A) – The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays, and FAR Part 16.505(b)(2)(i)(C) – The modification must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order, subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Date: Signature: ______________________

Christopher King Contracting Officer, ACC-APG, Div B