EFO 21-0295 (USMC bridge).pdf

DEPARTMENT OF THE NAVY

NAVAL AIR WARFARE CENTER TRAINING SYSTEMS DIVISION

12211 Science Drive

ORLANDO, FLORIDA 32826

IN REPLY REFER TO:

21-0295

JUSTIFICATION

FOR AN EXCEPTION TO FAIR OPPORTUNITY

1. Contracting Activity.

Naval Air Warfare Center Training Systems Division (NAWCTSD)

2. Description of the Action Being Approved.

This Exception to Fair Opportunity (EFO) authorizes and approves on a sole source basis the issuance of a Firm-Fixed Price Task Order (TO) to Valiant Global Defense Service Inc.

(henceforth Valiant), 3940 Ruffin Road, San Diego, CA 92123 for services necessary to facilitate training on Government-Owned training devices. This action will be awarded against Basic Contract N61340-16-D-1003 of the NAWCTSD Fielded Training Systems Support (FTSS) IV Indefinite Delivery/Indefinite Quantity (ID/IQ) Multiple Award Contract (MAC).

3. Description of the Supplies/Services.

This contract action will provide United States Marine Corps (USMC) Contractor Operations and Maintenance Services (COMS), Contractor Maintenance Services (CMS), Contractor Instructional Services (CIS), and Training Systems Management (TSM) at Marine Corps Air Stations (MCAS) Cherry Point, New River, Yuma, Camp Pendleton, and Miramar. This provides critical training to pilots and aircrew on approximately 85 devices, spanning a multitude of aviation platforms, such as: AH-1Z, CH-53, KC-130, AV-8B, ADVTE, MCAT, MV-22, and MAWTS-1. The contract action will include a four-month base period and three, two-month options. The period of performance is 1 July 2021 to 30 April 2022. The estimated cost of this bridge, inclusive of options, is $22.2M.

Estimated Dollar Value in Thousands

FY21 FY22 Total

O&MN $8,900K $13,300K $22,200K

Total $22,200K

4. Exception to Fair Opportunity.

FAR 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.

21-0295

Valiant is the only company that possesses the capability to assume performance for this requirement on 1 July 2021. The current USMC TO was competed under the Fielded Training Systems Support (FTSS) III Multiple Award Contract (MAC) and is scheduled to expire on 30 June 2021. NAWCTSD issued a solicitation and subsequently awarded a follow-on USMC TO that began mobilization on 1 May with a Contract Start Date of 1 July 2021. However, two Government Accountability Office (GAO) protests were received on 10 May resulting in a statutorily required stay of performance for the awarded contract, in accordance with 31 U.S.C. § 3553(d)(3)(A)(i) and 4(A)(ii). NAWC TSD is taking corrective action, thus this bridge will allow time for the corrective action to take place, and re-award. It also allows for more time in the event of a subsequent protest. Seeking another source at this juncture, without the award of a bridge, would result in unacceptable delays in fulfilling the agency’s requirements. It would create a void in on-site training system maintenance, both scheduled and unscheduled, and preclude training in the fielded training systems due to lack of operators and instructors, severely impacting readiness and training for the USMC squadrons. The non-availability of training systems for Fleet training would necessitate 100% of USMC training occurring in the various aircraft, increasing cost of training, wear and tear on aircraft, and risks to aircraft and personnel safety. This is estimated to equate to approximately 90,670 hours of training that would have to be provided from the military. As Valiant is currently performing on the existing USMC TO and has qualified personnel in place at each of the five CONUS sites, it is the only source that can support a start date of 1 July 2021 without a mobilization period.

5. A Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable.

The Contracting Officer has determined the anticipated cost to the Government of the supplies/services covered by this EFO will be fair and reasonable.

6. Any other Facts Supporting the Justification.

On 12 May 2021, all FTSS IV MAC Holders were notified of the Government’s intent to issue a bridge to Valiant, providing an extension to the services that it is currently providing under N61340-11-D-1003-0005. Responses were requested no later than 17 May 2021, and no responses were received other than acknowledgements of receipt. The lack of any response to this outreach effort confirms the assertion that no source other than Valiant will satisfy the agency requirements. The PCO will address any responses received prior to TO award.

7. A Statement of the Actions, if any, the Agency May Take to Remove or Overcome any Barriers that Led to the Exception to Fair Opportunity before any Subsequent Acquisition for the Supplies or Services is Made.

The NAWCTSD Procurement Department is awaiting a resolution of the protests in order to award a competitive FFP contract to continue services in support of the USMC. Other than the reasons discussed in paragraph 4 which are specific to this bridge TO, there are no barriers to competition that are applicable to these re-occurring services.

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance which are included in this Exception to Fair Opportunity are complete and accurate to the best of my knowledge and belief.

Technical Cognizance:

__Deborah Barnes _____ Deborah Barnes 407-380-8111 _____6/2/2021_______ Signature Name (Printed) Phone No. Date

Requirements Cognizance:

_Robin Wieckhorst Robin Wieckhorst 407-380-4214 ___6/2/21_______

Program Executive Officer/Echelon II Group Lead/Echelon III/IV Commanding Officer:

_____________________ CAPT Timothy M. Hill 407-381-8987 _____________

LEGAL SUFFICIENCY REVIEW

I have determined this Exception to Fair Opportunity is legally sufficient.

___________________ Stephen Faherty 407-380-8267 ___________ Signature Name (Printed) Phone No. Date

CONTRACTING OFFICER CERTIFICATION

I certify that this Exception to Fair opportunity is accurate and complete to the best of my knowledge and belief.

___________________ Jana McEntegart 407-380-4997 ________

HILL.TIMOTHY.MIC

HAEL.1102771369

Digitally signed by

HILL.TIMOTHY.MICHAEL.110277

Date: 2021.06.02 18:33:16 -04'00'

FAHERTY.STEPHEN.JO

SEPH.JR.1048712998

Digitally signed by

FAHERTY.STEPHEN.JOSEPH.JR.104

8712998 Date: 2021.06.03 09:35:56 -04'00'

MCENTEGART.JAN

A.RUTH.137016235

Digitally signed by

MCENTEGART.JANA.RUTH.1370

162359 Date: 2021.06.03 11:12:01 -04'00'

APPROVED

Upon the basis of the above justification, I hereby approve the solicitation of the proposed procurement(s) described herein using an Exception to Fair Opportunity under FAR 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.

_______________________ Linda Mobley 301-757-7858 ___________