Eustis JA 2020-6 AHFT Bridge_Redacted.pdf

Control No: Eustis-2020-6 Contractor: L3 Doss Aviation Inc.

Program: Advanced Helicopter Flight Training Support Services

R OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

FAR PART 6 JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

Program/Equipment: United States Army Aviation Center of Excellence (USAACE) Advanced Helicopter Flight Training Support Services, Fort Rucker Alabama.

Authority: 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

Estimated Amount: $3,255,751 for three (3) months; which includes a one (1) month base, and two (1) one-month options, beginning 16 March 2020 through 15 June 2020.

Prepared by:

Contracting Office

Technical:

Requirements:

Control No.: MICC 2020-32

Program: Advanced Helicopter Flight Training Support Services

FOR OFFICIAL USE ONLY

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

Date: See Digital Signature

Date: See Digital Signature

Date: See Digital Signature

Date: See Digital Signature

Date: See Digital Signature

Date: See Digital Signature

Program: Advanced Helicopter Flight Training Support Services

R OFFICIAL USE ONLY

FAR Part 6 Justification and Approval for Other than Full and Open Competition

1. Contracting Activity: Mission and Installation Contracting Command (MICC), Fort Eustis, 705 Washington Avenue, Suite 126, Fort Eustis, Virginia 23604

2. Description of Action: US Army States Army Aviation Center of Excellence (USAACE) requests a firm-fixed-price bridge contract to provide Advanced Helicopter Flight Training Support Services for up to three (3) months. Contract No.

W911S019C0006 was awarded to L3 Doss Aviation, Inc. of Colorado Springs, CO, subject to availability of FY20 OMA funds. This contract received a post award protest on 30 September 2019 and a stop work order modification was issued 6 October 2019, before any work was performed. As a result, the current bridge contract W9124G20C0002 was awarded to L3 Doss Aviation, Inc. to continue mission critical services during the protest. The current bridge contract ends on 15 March 2020.

USAACE requests a bridge contract to continue the much needed services with L3 Doss Aviation Inc. This bridge will accommodate the 30-day phase-in period and ensure the continuation of mission essential Advanced Helicopter Flight Training Support Services and allow the Army sufficient time to respond and apply corrective actions required by the United States Court of Federal Claims (COFC) ruling against the award of Contract W911S019C0006 as applicable.

3. Description of Supplies/Services: The requirement provides continuous flight training, flight training support, and flight training support services for both aircrew and non-aircrew personnel to execute the advanced rotary wing training courses for USAACE, 110th Aviation Brigade, to include EURO-NATO and Foreign Military Training.

The service includes personnel, supervision, and non-personal services necessary to perform Advanced Helicopter Flight Training Support Services with the exception of items specified as Government furnished property and services. The contractor shall provide personnel to perform training on the UH-60A/L, AH-64D, and CH-47F airframes respectively for the following proposed period of performance (POP) and option periods:

Base Period: 16 March 2020 - 15 April 2020 Value: $1,076,163 Option Period : 16 April 2020 - 15 May 2020 Value: $1,096,025 Option Period 2: 16 May 2020 - 15 June 2020 Value: $996,673

Total Value: $3,255,751

4. Authority Cited: This action is authorized under provisions of 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

Control No.: MICC 2020-32

1. Contracting Activity: U.S. Army Mission and Installation Contracting Command (MICC) - Fort Eustis, 705 Washington Avenue, Suite 126, Fort Eustis, Virginia 23604

2. Description of Action: U.S. Army Aviation Center of Excellence (USAACE) requests a firm-fixed-price bridge contract to provide Advanced Helicopter Flight Training Support Services for up to three (3) months. Contract No. W911S0-19-C-0006 was awarded to L3 Doss Aviation, Inc. of Colorado Springs, Colorado, subject to availability of FY20 OMA funds. This contract received a post award protest on 30 September 2019 and a stop work order modification was issued 6 October 2019, before any work was performed. As a result, the current bridge contract W9124G-20-C-0002 was awarded to L3 Doss Aviation, Inc. to continue mission critical services during the protest. The current bridge contract ends on 15 March 2020. USAACE requests a bridge contract to continue the much needed services with L3 Doss Aviation, Inc. This bridge will accommodate the 30-day phase-in period and ensure the continuation of mission essential Advanced Helicopter Flight Training Support Services and allow the Army sufficient time to respond and apply corrective actions required by the United States court of Federal Claims (COFC) ruling against the award of Contract W911S0-19-C-0006 as applicable.

Program: Advanced Helicopter Flight Training Support Services

R OFFICIAL USE ONLY

5. Reason for Authority Cited:

a. As described at FAR 6.302-1(a)(2), when the supplies or services required by the agency are available only from one responsible source, or for DoD, NASA, and the Coast Guard, from only one or a limited number of responsible sources, and no other types of supplies or services will satisfy agency requirements, full and open competition need not be provided. The bridge contract is required to allow for the continuation of services.

b. The bridge contract is required due to the Government receiving a post award protest at COFC received on 30 September 2019. The current extension authorized under J&A MICC Control No. Eustis-2020-03 for a 6-month extension, ends 15 March 2020. On 16 September 2019, the Army awarded Advanced Helicopter Flight Training Support Services contract (Contract No. W911S019C0006) to L3 Doss Aviation, subject to availability of FY20 OMA funds. The contract contained a 30-day phase-in period which would have occurred between 2 Oct 2019 and 31 Oct 2019. Following debriefings, an unsuccessful offeror filed a protest with the United States COFC on 30 selection decision and various other aspects of the evaluation process. Thereafter, the Army issued a Stop Work Order on Contract W911S019C0006 on 6 October 2019, before any work was performed under the Contract. If the contract is awarded to a company other than the incumbent, the new contractor will need the entire 30-day phase-in period in order to prepare for and properly support the USAACE mission to train the most capable aviators in the world and to continual need for rotary wing pilots. On 11 Dec 2019, COFC ruled in favor of the contractor and required the Government to perform corrective actions. Specifically, the COFC order require the competitive range and render a new Source Selection Decision, performing a new tradeoff analysis and assigning each factor the appropriate we the COFC decision.

c. The services performed by L3 Doss Aviation are essential to the successful execution of the USAACE mission and a priority for the Ch readiness initiatives. During the extension period, L3 Doss Aviation will be required to perform training on the UH-60A/L, AH-64D, and CH-47F airframes. This training and all support related tasks require significant Government and contractor involvement over prolonged periods in order to training requirements. Any disruptions in the performance of this critical training program could result in gaps in defense knowledge and skills or adversely affect readiness. The incumbent, L3 Doss Aviation, Inc. is the only offeror that has the necessary manpower, resources, and proven technical proficiency to perform these mission critical services during the

Control No.: MICC 2020-32

b. The bridge contract is required due to the Government receiving a post award protest at the COFC on 30 September 2019. The current extension authorized under J&A MICC Control No. Eustis-2020-3 for a 6 month extension, ends 15 March 2020. On 16 September 2019, the Army awarded Advanced Helicopter Flight Training Support Services contract (Contract No. W911S0-19-C-0006) to L3 Doss Aviation, subject to availability of FY20 OMA funds. The contract contained a 30 day phase-in period which would have occurred between 2 October 2019 and 31 October 2019. Following debriefings, an unsuccessful offeror filed a protest with the COFC on 30 September 2019, challenging the Army's source selection decision and various other aspects of the evaluation process.

Thereafter, the Army issued a Stop Work Order on Contract W911S0-19-C-0006 on 6 October 2019, before any work was performed under the Contract. If the contract is awarded to a company other than the incumbent, the new contractor will need the entire 30 day phase-in period in order to prepare for and properly support the USAACE mission to train the most capable aviators in the world and to support the Army's continual need for rotary wing pilots. On 11 December 2019, COFC ruled in favor of the contractor and required the Government to perform corrective actions. Specifically, the COFC order requires the Army to “reevaluate the proposals in the competitive range and render a new Source Selection Decision, performing a new tradeoff analysis and assigning each factor the appropriate weight in accordance with” the COFC decision.

Program: Advanced Helicopter Flight Training Support Services

R OFFICIAL USE ONLY

corrective action period because of the complexity and integrated nature of the ongoing and upcoming exercises and the size of its supporting staff. This extension provides the best method to procure these services in a timely manner, without a break in service, at a price that is fair and reasonable.

d. Alternatives: There are no other reasonable alternatives that will ensure uninterrupted critical services than to award a bridge contract to the incumbent, L3 Doss Aviation, Inc. The incumbent is the only responsible source at this time to perform the Army's flight training support requirement. L3 Doss Aviation, Inc. has the necessary personnel to provide the Army with professionally trained aviators and non-rated crew members through planning, coordinating and executing formal flight instruction. Continuity of the mission to perform Flight Training Services is critical to the mission for these required services. In the absence of a bridge contract award, unacceptable delays would cause a significant mission impact.

(1) To forgo services until resolution of the protest is a not a viable option because there is a clear and present need for the Army to continue the critical flight training support services. Delaying or suspending until corrective action is completed will result in mission failure and have a devastating impact on the Army's Aviation program, which produces the world's best Army aviators. For the follow-on requirement, the Army anticipates a need for the contractor to provide instructor pilot and/or maintenance examiner training on the aircraft listed below and on more recent models of aircraft, including but not limited to the AH-64E and UH-60M, during the performance of the contract. The number below represents the total estimated number of students to be trained on a daily basis and may occur in any of the flight periods.

The personnel on this requirement are highly trained and must have aircraft experience at company level or higher as an Instructor Pilot (IP), and must be capable of meeting Class 2 medical standards.

UH-60A/L IP: Daily training capability of 16 flight students (8 ea. 2:1 student sets) UH-60A/L ME: Daily training capability of 12 flight students (6 ea. 2:1 student sets) AH-64D IP: Daily training capability for 64 flight students (32 ea. 2:1 student sets) CH-47F IP: Daily training capability for 16 flight students (8 ea. 2:1 student sets) CH-47F FE NRCM: Daily support capability for 5 aircraft (10 ea. 1:2 aircraft: FE sets)

(2) Use of Government In-House and Expertise. Currently there are no available Government personnel able to supplement this work with the experience required to execute the support tasks contained throughout the Performance Work

Program: Advanced Helicopter Flight Training Support Services

R OFFICIAL USE ONLY

Statement. Further, the magnitude of staffing requirement for some of the training is larger than any current staffing levels and would result in mission failure.

The aircraft designations above reflect the Army's minimum training requirements.

USAACE does not possess the sufficient experienced staff, training, or qualifications to carry out these critical requirements on a daily basis. In order to maintain continuity and stability with providing much needed services, a bridge awarded to the incumbent must be established.

Continuity of mission related services is critical, and there is insufficient time to compete a short-term requirement and have another contractor performing within the timeframe available due to the necessary thirty-day (30) phase-in period. During the phase-in period, the incoming contractor will be responsible for recruiting and hiring necessary personnel, obtaining all required certifications and clearances, participating in joint inventories, developing and submitting deliverables, and accomplishing any necessary training to support the functions as addressed in the Performance Work Statement

(PWS).

In addition, conducting a limited competition for the bridge contract would create significant operational risk if the contract is awarded to a company other than the incumbent as this requirement requires significant phase-in time, and a new contractor would not be able to perform the critical duties in such a short period. This bridge contract will ensure continued service, will sustain the current mission requirement, and continued performance will provide the Army with mission-critical services until the corrective action required by the COFC protest decision is completed.

e. Justification: Approval of this other than full and open competition request will ensure uninterrupted services in support of the USAACE until the award of the follow-on contract. The incumbent contractor, L3 Doss Aviation, Inc., continues to be the only responsible source for satisfying the Army's mission for flight training support services requirements until a competitive follow-on contract is awarded. L3 Doss Aviation, Inc.

has the necessary personnel and experience to ensure continued operations of all functional areas related to the flight training support services for the extended period.

This bridge contract will ensure continued service, and would sustain the current mission requirement and continued performance.

f. Impact: Not awarding the bridge contract would result in a break in service that would severely jeopardize USAACE's ability to complete this critical flight training support mission and performance of the tasks.

6. Efforts to Obtain Competition: The Contracting Officer published a notice of intent to award a sole source bridge contract to L3 Doss Aviation, Inc. for continuation of the flight

Program: Advanced Helicopter Flight Training Support Services

R OFFICIAL USE ONLY

training support services on beta.sam.gov on 21 February 2020 and onto FBO.gov 12 February 2019, 19 August 2019, and 18 October 2019. Interested parties were invited to submit any inquiries or concerns regarding that contract action to the contracting officer consistent with DFARS PGI 206.302-1(d). To date, the Government has not received any responses from the notice, and because this is a sole source action, effective competition is not applicable. However, the current contract was solicited on an unrestrictive basis, providing all interested potential offerors an opportunity to compete for award.

a. Effective Competition: Competition for this extension is not practicable given the complexity and sheer magnitude of this requirement due to its technical nature, and the size of the contractor staff required to support the training.

b. Subcontracting Competition: The subcontracting plan for the current contract was approved. The subcontract management is monitored via eSRS on a bi-annual report basis. The incumbent is aware of the challenges that drive the availability of subcontracting opportunities on a requirement with significant personnel fluctuations based on the training schedules in place. The Contracting Officer and incumbent have coordinated with the local Small Business Specialist on continuing to improve their subcontracting opportunities on this requirement.

7. Actions to Increase Competition: Due to reasons indicated above in paragraph 5, L3 Doss Aviation Inc. is the only firm that can realistically perform the interim support services. The extension provides the only viable, lowest mission in the most effective and efficient manner while the Army responds to implements the corrective action in response to the Court Of Federal Claims protest. Competition was successfully achieved for the contract award now being protested.

8. Market Research: Market research was conducted for contract W911S019C0006 in accordance with Defense Federal Acquisition Regulation Supplement (DFARS) 205.205- 71, DFARS 206.302-1(d), and DFARS Procedures, Guidance and Information (PGI) 206.302-1(d). A sources sought announcement was posted on FBO on 13 July 2017 and closed on 28 July 2017. The Government received eleven (11) responses from interested contractors representing both large and small businesses. Based on the information received from all the potential offerors, five small businesses were determined as "may be capable", three (3) small businesses were determined to be "not capable", and three (3) large businesses were determined to be "capable". L3 Doss Aviation, Inc., who is a large business, submitted the requested information along with Systems Studies & Simulations, Inc. (S3). Both companies are incumbents for the Advanced Instructor Pilot requirement. Based upon the market research results, it was

Control No.: MICC 2020-32

7. Actions to Increase Competition: Due to reason indicated above in paragraph 5, L3 Doss Aviation, Inc. is the only firm that can realistically perform the interim support services. The extension provides the only viable, lowest risk alternative to USAACE's mission in the most effective and efficient manner while the Army implements the corrective action in response to the COFC protest. Competition was successfully achieved for the contract award now being protested.

8. Market Research: Market research was conducted for contract W911S0-19-C-0006 in accordance with Defense Federal Acquisition Regulation Supplement (DFARS) 205.205-71, DFARS 206.302-1(d), and DFARS Procedures, Guidance and Information (PGI) 206.302-1(d). A sources sought announcement was posted on FBO on 13 July 2017 and closed on 28 July 2017. The Government received eleven (11) responses from interested contractors representing both large and small businesses. Based on the information received from all the potential offerors, five small businesses were determined as "may be capable", three (3) small businesses were determined to be "not capable", and three (3) large businesses were determined to be "capable". L3 Doss Aviation, Inc., who is a large business, submitted the requested information along with Systems Studies & Simulations, Inc. (S3). Both companies are incumbents for the Advanced Instructor Pilot requirement. Based upon the market research results, it was

Program: Advanced Helicopter Flight Training Support Services determined that the requirement would be procured on an unrestricted basis. The Small Business Coordination Record (DD 2579) was signed on 20 December 2017.

The Army has conducted extensive market research for the follow-on Advanced Instructor Pilot Training Support Services contract. That research demonstrates the existence of robust competition for the follow-on effort. The Army has not conducted market research focused solely on the ability of other companies to perform the Advanced Helicopter Flight Training Support services under the 6-month extension.

Existence of that capability is presumed to exist based on the market research results for the follow-on contract and the number of offers received in response to the related solicitation. As stated above in section 6, MICC-Fort Eustis published a notice of intent to award a sole source bridge contract to L3 Doss Aviation, Inc. for continuation of the flight training support services on beta.sam.gov on 21 February 2020 and onto FBO 12 February 2019, 19 Aug 2019, and 18 October 2019 with zero (0) responses received.

Awarding another bridge contract is necessary because of the unforeseen delays cause by the post-award protest mentioned above. L3 Doss Aviation is the only source capable of performing these essential services without unacceptable delay.

9. Interested Sources: The latest notice of intent to award a sole source bridge contract to L3 Doss Aviation, Inc. was published to beta.sam.gov on 21 February 2020.

To date, no other sources have written to express interest in the acquisition.

10. Other Facts:

a. Procurement History:

1) The current bridge contract, W9124G20C0002, was awarded on 30 October 2019 to L3 Doss Aviation, Inc. on a sole source, non-competitive basis in accordance with FAR Part 6.302-1 -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency. The award was for six (6) months ending on 15 Mar 2020. The total award amount was $4,351,765.00. The Government issued the bridge contract in order to allow for sufficient time to respond to the post-award bid protest filed in the Court of Federal Claims against the Award of contract W911S019C0006 which was using full and open competition. See enclosure 1.

2) Contract W911S019C0006 was awarded to L3 Doss Aviation, Inc., on 16 September 2019 using full and open competition. The award was for a 30-day Phase-in period, one (1) 11-month base period, with six (6) 12-month options that the Government may exercise. The total award amount was $74,976,816.60, subject to availability of FY20 OMA funds. On 30 September 2019, a disappointed offeror filed a bid protest in the Court of Federal Claims (COFC). As a result of the bid protest, a stop

V FOR OFFICIAL USE ONLY

Control No.: MICC 2020-32 determined that the requirement would be procured on an unrestricted basis. The Small Business Coordination Record (DD 2579) was signed on 20 December 2017. The Army has conducted extensive market research for the follow-on Advanced Instructor Pilot Training Support Services contract. That research demonstrates the existence of robust competition for the follow-on effort. The Army has not conducted market research focused solely on the ability of other companies to perform the Advanced Helicopter Flight Training Support services under the 6-month extension. Existence of that capability is presumed to exist based on the market research results for the follow-on contract and the number of offers received in response to the related solicitation. As stated above in section 6, MICC-Fort Eustis published a notice of intent to award a sole source bridge contract to L3 Doss Aviation, Inc. for continuation of the flight training support services on beta.sam.gov on 21 February 2020, and onto FBO 12 February 2019, 19 August 2019, and on 18 October 2019 with zero (0) responses received.

Awarding another bridge contract is necessary because of the unforeseen delays caused by the post-award protest mentioned above. L3 Doss Aviation is the only source capable of performing these essential services without unacceptable delay.

Program: Advanced Helicopter Flight Training Support Services

FOR OFFICIAL USE ONLY

work order was issued on 6 October 2019, before any work was performed.

3) Bridge contract W911S019C0004, was awarded on 16 Sept 2019, to L3 Doss Aviation, Inc. on a sole source, non-competitive basis in accordance with FAR Part 6.302-1 -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency. The award was for forty-six (46) days ending on 31 Oct 2019. The Government anticipated awarding solicitation W9124G18R0009 on 16 Sept 2019 and bridge contract W911S019C0004 was awarded to allow sufficient time for successor contractor to perform phase-in requirem performance work statement.

4) A bridge contract, W911S019D0008, was awarded on 14 Mar 2019 to L3 Doss Aviation, Inc. on a sole source, non-competitive basis in accordance with FAR Part 6.302-1 -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency. The award was for a one (1) 4-month base period (), and one (1) 2-month option period. The total amount of the award was $5,560,115. The Government awarded this bridge contract to allow sufficient time to award a contract using full and open competition.

5) Contract, W911S014D0002, was awarded based on full and open competition to L3 Doss Aviation, Inc., a large business, on 12 September 2014. All offerors who submitted a proposal were large businesses. The award was for a base period, plus two option years. The total award amount was $32,174,550.00.

6) The requirement was originally solicited on a GSA task order. On 10 May 2011, Task Order W9124G-11-F-0033 was awarded to System Studies and Simulations (S3), a large business, in the amount of $21,629,561.52.

11. 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.

ital Signature

Program: Advanced Helicopter Flight Training Support Services

FOR OFFICIAL USE

ONLY10 10

12. 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.

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated price to the Government for this contract action will be fair and reasonable. The techniques identified at FAR 15.404-1(b)(2)(ii) will be used to ensure award will be made at a fair and reasonable price. The prices reflected with this justification and approval request have been determined to be within reason when compared to the amounts of the current Advanced Helicopter Flight Training Support Services contract.

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

Program: Advanced Helicopter Flight Training Support Services

R OFFICIAL USE ONLY

Approval

Based on the foregoing justification, I hereby approve the procurement of the Advanced Helicopter Flight Training Support Services for Fort Rucker, Alabama on an other than full and open competition basis pursuant to the authority of Title 10 United States Code Section 2304(c)(1), as implemented by 10 U.S.C. 2304(c)(1) as implemented by FAR Part 6.302-1--Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency. The estimated value of the contract is $3,255,751 for a one (1) month base period with two (2) one-month options beginning 16 March 2020 through 15 June 2020. This approval is subject to availability of funds, and provided that the services or property herein described have otherwise been authorized for acquisition.

SCOTT KUKES Date

TX

Enclosures:

1. J&A, Control No. Eustis-2020-3, for bridge contract W9124G20C0002

2. COFC Redacted Decision, Case No. 19-1518C

Based on the foregoing justification, I hereby approve the procurement of the Advanced Helicopter Flight Training Support Services for Fort Rucker, Alabama on an other than full and open competition basis pursuant to the authority of Title 10 United States Code Section 2304(c)(1), as implemented by FAR Part 6.302-1 -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. The estimated value of the contract is $3.25 million for a one (1) month base period with two

(2) one-month options beginning 16 March 2020 through 15 June 2020. This approval is subject to availability of funds, and provided that the services or property herein described have otherwise been authorized for acquisition.