Eustis JA 2020_85.pdf Final_Redacted.pdf

Control No.: MICC 2020-85 Contractor: L3 Doss Aviation Inc. Advanced Helicopter

Flight Training Support Services

Version – September 2018 FOR OFFICIAL USE ONLY relation to the award of Contract W9124G-20-C-0008.

b. The current bridge contract extension authorized under J&A MICC Control No.

Eustis-2020-69 was for a 6-month extension and ends on 8 September 2020. The purpose of the new requested bridge contract is to allow for a continuation of services that are vital to the operations and readiness of the United States Army and USAACE’s mission while the Army defends protests against a contract awarded under full and open competition. On 5 May 2020, the Army awarded Contract No. W9124G-20-C- 0008 to CAE USA INC for Advanced Helicopter Flight Training Support Services. The contract included a 30-day phase-in period which would have occurred between 15 May 2020 and 14 Jun 2020. Following the award, two (2) unsuccessful offerors filed a protest with the United States COFC on 8 May 2020, and 15 May 2020, 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 W9124G-20-C- 0008 on 11 May 2020, before any work was performed under the contract.

c. Advanced Helicopter Flight Training Support Services are essential to the successful execution of the USAACE mission and a priority for the Chief of Staff of the Army’s 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 facilitate and support the Army’s 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 while awaiting for COFC’s protest rulings 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. This extension provides the only viable, lowest risk alternative to USAACE's mission in the most effective and efficient manner while the Army awaits COFC’s rulings in response to the protests. Competition was successfully achieved for the contract award now being protested.

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 COFC rulings 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 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).

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 data received from all the potential offerors, five (5) 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 is determined that the requirement would be procured on an unrestricted basis. The Small Business Coordination Record (DD2579) was signed on 20 December 2017.

The Army conducted extensive market research for the follow-on Advanced Helicopter Flight 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 new bridge contract. 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 14 July 2020, 21 February 2020, and onto FBO 12 February 2019, 19 August 2019, and on 18 October 2019 respectively, 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 during the current bid protest and 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 14 July 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, W9124G-20-C-0007 exercised a 90 day extension IAW FAR 52.217-8 (Option to Extend Services up to 6 Months). The contract extension began 11 June 2020 and ends 08 September 2020. The total amount of the extension is . See J&A MICC Control No. [2020-69]. The Government exercised this extension in order to respond to the post-award bid protest filed in the Court of Federal Claims against the Award of contract W9124G-20-C-0008, which was awarded using full and open competition

2) The current bridge contract, W9124G-20-C-0007, was awarded on 12 March 2020 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. See J&A MICC Control No. [2020-6]. The award was for three (3) months ending on 10 June 2020. The total award amount of the current bridge contract, including the 90-day extension, was . The Government issued the bridge contract in order to respond to the post-award bid protest filed in the Court of Federal Claims against the Award of contract W9124G-20-C-0008, which was awarded using full and open competition.

3) Contract W9124G-20-C-0008 was awarded to CAE Inc. on 05 May 2020.

The award is for a 30-day phase-in period, one (1) 11-month base period, with six (6) 12-month options years. The total award amount is . On 08 May 2020 and 15 May 2020, two unsuccessful offerors filed bid protests in the COFC against the award of this contract. As a result of the bid protests, a stop work order was issued on 11 May 2020, before any work was performed.

4) Bridge contract, W9124G-20-C-0002, 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 March 2020. The total award amount was 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 W911S0-19-C-0006 which was using full and open competition.

5) Contract W911S0-19-C-0006 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 , 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 work order was issued on 6 October 2019, before any work was performed.

6) Bridge contract W911S0-19-C-0004, was awarded on 16 September 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 October 2019. The Government anticipated awarding solicitation W9124G-18-R-0009 on 16 September 2019 and bridge contract W911S0-19-C-0004 was awarded to allow sufficient time for successor contractor to perform phase-in requirement performance work statement.

7) Bridge contract, W911S0-19-D-0008, was awarded on 14 March 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 . The Government awarded this bridge contract to allow sufficient time to award a contract using full and open competition.

8) Contract, W911S0-14-D-0002, 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 .

9) 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

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 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 for four (4) months; which includes a 2-month base period, and one (1) 2-month option period beginning 9 September 2020 through 8 January 2021. This approval is subject to availability of funds, and provided that the services or property herein described have otherwise been authorized for acquisition.

SCOTT D. KUKES

Alternate to the Command Advocate for Competition U.S. Army Mission and Installation Contracting Command, JBSA Fort Sam Houston, TX

KUKES.SCOTT.DE

AN.1151934346

Digitally signed by

KUKES.SCOTT.DEAN.1151934346

Date: 2020.08.31 15:08:07 -05'00'