Final Redacted JA 21 DEC 2022.pdf

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Control Number: JA-23-Edg-002

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(Source Selection Information - See FAR 2.101 and 3.104-4)

Justification and Approval For Other than Full and Open Competition – FAR Part 6

1. Contracting Activity: Army Contracting Command, Aberdeen Proving Ground (ACC- APG), Edgewood Contracting Division (ECD), 8456 Brigade Street, E4215, Aberdeen Proving Ground, Maryland, 21010-5401

2. Description of Action: The Joint Program Executive Office for Chemical, Biological, Radiological and Nuclear Defense (JPEO-CBRND) requires a new, noncompetitive, follow-on modification to extend the period of performance by eight (8) months from 13 January – 24 August 2023 for Performance-Based Logistics and Contractor Logistics Support (PBL/CLS) for the Biological Integrated Detection Systems/Joint Biological Point Detection Systems (BIDS/JBPDS), Joint Portal Shield (JPS), currently performed via Contract Number W911SR-16-D-0013, Task Order (TO) W911SR-19-F-0024, by contractor, Ingenuity and Purpose (IAP) Worldwide Services, Inc. This follow-on action will allow the Government to keep critical support services in place while allowing adequate time for the execution of a competitive follow-on award under the multiple award indefinite delivery, indefinite quantity (MA IDIQ) Joint Enterprise Contracted Logistics and Services Support (JE CLaSS) II vehicle following award of base contracts anticipated for November 2022. The Independent Government estimate (IGE) for this action is $3,256,850.00, and the Government intends to utilize FY23 Operation and Maintenance (O&M) funds.

3. Description of Services: This task order provides Performance Based Logistics/Contractor Logistics Support (PBL/CLS) services for the fielded Chemical and Biological Detection Equipment (BIDS/JBPDS, and JPS) that include sustainment, calibration, maintenance and repair of equipment and an asset management system to provide total supply, service and maintenance, equipment service information, preventative maintenance scheduling, logistics information systems use, training and support, and training for systems geographically deployed to various CONUS and OCONUS locations, where they are fielded, deployed, and stored.

8-Month Extension: 13 January to 24 August 2023 Value: $3,256,850.00

Category Amount

Total Direct Labor Material Travel Total Other Direct Costs Total Direct Costs G&A Subtotal Profit/Fee

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result of the phase-out of personnel from the incumbent while the new contractor recruited and hired new personnel. The new personnel will require training as well as an active security clearance to perform the services which would be included in this delay.

The contractor also performs logistical services including training in the use of the logistics information systems (LIS) used for collecting, accessing, tracking, and reporting maintenance data and documentation. The new contractor would have a learning curve associated with operating this system which would result in delays in data entry and tracking due to the transfer of the system to the new contractor, impacting mission effectiveness.

The 60-day transition period at the OCONUS locations includes the processing required as part of deployment including airfare, visas, sponsorship, other travel related documents and expenses, COVID related quarantine accommodations (if applicable), letters of authorization, Synchronized Pre-deployment and Operational Tracker (SPOT) approval, termination and start of new leases for rental housing and vehicles, phone services, and other costs associated with living expenses, new supply material, import/export license, and a logistic information system license. Additional and duplicative costs, as outlined in a chart below, would include the repatriation of incumbent personnel to the United States and then deployment of new personnel or redeployment of incumbent personnel hired by the new contractor. The OCONUS work being performed in also requires country specific approvals through the process which requires a minimum of 60 days. Through an extension of the existing TO, the process would be minimized since the existing documentation can be extended for the current effort rather than submitting new documentation and restarting the entirety of the process under a new contractor. If the process had to be restarted by a new contractor, services in would be delayed by at least 60 days, which is included in the phase-in. Services are also provided OCONUS in , which has its own requirements for deployed personnel that would result in delays and duplication of costs. The ongoing global COVID pandemic has increased processing time and position start dates due to quarantine restrictions. As detailed above, there would be significant delays and duplication of costs for the OCONUS services.

As part of the services provided under this TO, the incumbent provides warehouses for the storage and distribution of Government Furnished Property (GFP) CONUS and OCONUS. IAP Worldwide Services currently possesses the requisite warehouse space in Aberdeen (Maryland), and the U.S. Army (CBRN) School located at Fort Leonard Wood, Missouri under this TO. If another contractor were to perform these services during this extension, there would be delays and termination/restart costs associated with these warehouses. The incumbent would have to remove, transport, and transfer significant amount of GFP from the existing warehouses to the warehouses managed by the new contractor. Costs associated with this transfer process would include handling of the GFP, electronic transfer of the GFP within the contractor and Government systems, physical transportation of the GFP from the incumbent warehouses to the new contractor warehouses, and processing of the GFP by the new

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ten (10) months while the formal acquisition planning and award would occur, exceeding the time needed for this follow-on extension.

JPEO CBRND’s plan for the services provided under this TO while this extension is being executed is to solicit and award a new TO using fair opportunity under the JE- CLaSS II MA IDIQ contract, which is a successor effort to the JE-CLaSS MA IDIQ, the latter’s ordering period having expired in January 2022. The award of the JE-CLaSS II MA IDIQ was delayed due to efforts to support Operation Warp Speed which required shifting resources from this effort, and increased time to develop the acquisition package due to changing requirements. The award of the JE-CLaSS II MA IDIQ is currently anticipated for November 2022. The anticipated award date of the JE CLaSS MA IDIQ does not allow sufficient time to award a new TO under fair opportunity under the new IDIQ or a stand-alone contract without causing a break in service. JPEO CBRND is requesting a sole-source extension of eight (8) months in order to: 1) keep critical BIDS/JBPDS, and JPS CLS services in place while the JE CLaSS II MA IDIQ is being executed and 2) mitigate any potential risks associated with a break in service should there be further delays in the award of the JE-CLaSS II MA IDIQ.

Based on the foregoing circumstances described, IAP Worldwide Services is the only contractor that who can provide the required critical services without an unacceptable delay or duplication of costs resulting in a significant break in service that exceeds the duration of the 8-month extension documented in this J&A.

6. Efforts to Obtain Competition: 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 notice/RFI for this proposed extension effort was published on SAM.gov on 23 December 2021.

Two (2) responses were received and considered, as discussed below in paragraphs 8 and 9.

In accordance with FAR 5.201, a special notice stating the Government’s Intent to Award a Sole Source contract action was posted on the SAM.gov website on 12 October 2022. The notice expired 19 October 2022 without any responses from contractors.

a. Effective competition. The below list of contractors who expressed interest in the requirement based on either their submission of a proposal for the original BIDS/JBPS/JPS PBL/CLS Task Order solicitation, or their response to the recent RFI. However, effective competition for this extension is not expected without incurring a break in service. The Government anticipates that effective competition will be achieved for future needs by soliciting further work through a Task Order utilizing fair opportunity under the JE-CLaSS II IDIQ.

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RFI Response Description of

Services Companies’ Cage Code, and Business Size 23 December BIDS/JBPDS/JPS PBL/CLS RFI BIDS/JBPDS/JPS

PBL/CLS

23 December BIDS/JBPDS/JPS PBL/CLS RFI BIDS/JBPDS/JPS

PBL/CLS

Table 2: RFI Responses

b. Subcontracting competition. As a large business, IAP Worldwide Services will be required to abide by the terms in its Small Business Subcontracting Plan, which will be incorporated into the Task Order and will continue to apply for the extension period. Per the Subcontracting Plan, as well as FAR clauses 52.219-8 and 52.219-9, IAP Worldwide Services will strive to meet negotiated goals for subcontracting to small businesses (SBs), Small Disadvantaged Businesses (SDBs), Service-Disabled Veteran- Owned Small Businesses (SDVOSBs), etc.

7. Actions to Increase Competition: The proposed extension does not take any actions to increase competition. As discussed previously, the extension provides for the continuity of contractor-provided services until a follow-on award can be solicited and awarded. There is no opportunity to increase competition on the extension without causing a break in service; the incumbent contractor’s experience and deployed resources (both physical assets as well as personnel) are necessary for mission execution. Other alternatives to increase competition, such as the division and competition of individual PWS components, are not feasible because of the need to have an experienced, knowledgeable contractor managing all aspects of CLS/PBL for

BIDS/JBPDS/JPS.

The previous J&A, approved 10 FEB 2022, stated that actions to increase future competition would be supported through the utilization of fair opportunity procedures under the JE-CLaSS II MA IDIQ. At that time, it was anticipated that the JE-CLaSS II MA IDIQ would be awarded by May/June of 2022. Initial proposals were received in November 2021. Through the process of proposal evaluation, the government experienced longer lead-times than originally anticipated due to the receipt of more proposals than anticipated, more time needed to execute proposal evaluations, issue an unplanned proposal amendment which resulted significant proposal revisions, and then additional time associated with re-evaluating the proposal revisions and conducting meaningful discussions. As such, the anticipated award date for the JE-CLaSS II MA IDIQ has shifted from May/June 2022 to November 2022 and, as a result there is no longer sufficient time to recompete the task order under another vehicle or as a stand-alone contract to prevent a break in service. Because JE CLaSS II has not yet been awarded, market research and a determination of how to compete the task order under another vehicle or as a standalone contract would require additional time that would result in a break in service.

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Moving forward, the JE-CLaSS II MA IDIQ, similar to JE-CLaSS, will consist of two (2) Domains; Domain 1, will be open to Other Than Small Business (OTSB) and Small Businesses, and Domain 2, will be a full Small Business Set-Aside. JE-CLaSS II will establish a group of highly qualified large and small businesses capable of competing on future requirements as specified in individual TOs once the IDIQ contract is awarded, which is anticipated to be in November 2022. It is anticipated that future requirements for this support will be obtained using fair opportunity procedures under JE-CLaSS II.

The anticipated milestone schedule (notional) for the proposed follow-on TO award is as follows. This schedule is contingent on award of the base JE CLaSS II IDIQ, which is expected in November 2022.

• ARP Package Completion: 1 March 2023

• Peer Review Complete: 24 March 2023

• Post Final Solicitation: 28 March 2023

• Proposal Submissions: 28 April 2023

• Discussions Complete (if required): 15 June 2023

• PNM Review Complete: 20 June 2023

• Peer Review Complete: 23 June 2023

• Anticipated Award: 24 June 2023

• Phase In/Phase Out Period Complete: 24 August 2023

8. Market Research: The following techniques were used to conduct market research:

a. Request for Information (RFI): An RFI was published on sam.gov on 23 December 2021 with a response date of 7 January 2022. The RFI information was used in accordance with FAR 10.002(b)(1) which states, “The contracting officer may use market research conducted within 18 months before the award of any task or delivery order if the information is still current, accurate, and relevant.” The information resulting from this RFI meets that requirement. The RFI included an outline description of the required scope of work, program objectives, metrics, applicable systems requiring support, period of performance, and performance locations. Interested firms were invited to respond to the Government by providing a capability statement with the following information (response not to exceed five [5] pages):

• Company name, company address, overnight delivery address (if different from mailing address, Cage Code, point of contact, e-mail address, telephone number, fax number).

• Business size (i.e. large, small disadvantaged, veteran owned, woman owned, etc.)

• A description of the company’s expertise in providing Performance Based Logistics/Contractor Logistics Support (PBL/CLS) services for the fielded Chemical and Biological Detection Equipment [BIDS/JBPDS, and JPS] in both

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Continental United States (CONUS) and Outside the Continental United States (OCONUS) as required.

• Provide information on the Logistic Information System the company would use to satisfy this effort.

• A description, in general, of the company’s approach to meeting the required period of performance.

• Any Government-Furnished Property (GFP) required to execute requirements.

The items below were conducted as part of market research to examine alternative contracting solutions:

b. Queried Government databases [Federal Procurement Data System – Next Generation (FPDS-NG), Contractor Performance Assessment Reporting System (CPARS), GSA, SAM.gov, and the Small Business Administration (SBA) databases] that provide relevant information on acquisitions.

1. GSA: A search of the GSA database, https://www.gsa.gov/buying-selling/products-services/professional-services/buy-services/oasis-and-oasis-small-business/buyers-guidance-and-resources was conducted on 8 September 2021, and re-verified on 22 December 2021 revealed the following:

OASIS Contracts: Searched “Logistics Services” -- Small and Large Business Pool of Contractor NAICS;

- NAICS Code 541614 –Contract is specific to logistics consulting services.

- NAICS Code 561210 addresses facilities support services (janitorial);

establishments engaged in providing management and operating services (hotel, restaurant, hospital); on site management and operations of computer systems and/or data processing facilities; Governmental correctional institutions

- NAICS Code 541330 addresses a vast array of engineering services, not related to the services required for JE-CLaSS

- NAICS Code 541890 addresses “Other Services Related to Advertising”

The NAICS code used under the OASIS contract for logistics services do not include NAICS code 811219 and are therefore not relevant to this requirement.

2. FPDS-NG: A search was conducted on 8 September 2021 and revisited on 22 December for “contractor logistics support” and “logistics and NAICS Code 811219” yielded 2046 contracts. Many of the contracts listed are purchase orders, delivery orders, and definitive contracts for specialized systems, equipment (i.e., medical, dental, electrical, navigational, and

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laboratory), ship and boat components, and instruments and supplies for the Navy, Air Force and Coast Guard (awarded to companies such as Patriot Range Technologies, LLC., Knapp Logistics Automation, Inc., Flagship Logistics, LLC., Systems Logistics Corp., Bowhead Logistics Solutions, Inc., Viking Rigging and Logistics, Inc., Global Logistics and Services, Goldbelt Falcon, LLC., Draeger Medical, Inc., Starkey Labs, Inc., Unitron Hearing, etc.). The majority of the contracts listed are inactive and the active contracts do not address the scope of services required for JE-CLaSS II.

(https://www.fpds.gov/ezsearch/fpdsportal?indexName=awardfull&templateN ame=1.5.2&s=&q=Contractor+Logistic+Support&x=16&y=14)

3. The System for Award Management (www.SAM.gov): A search was conducted 28 January 2020 and revisited on 22 December 2021 for “logistics services, NAICS Code 811219” revealed 1,595 active pre-solicitation notices in reference to the 811219 NAIC, and one (1) active pre-solicitation when searching by “Contractor Logistic Support.”

9. Interested Sources: Based upon the results of the RFI discussed in Paragraph 8, dated 23 December 2021, two (2) interested sources were identified for the prior extension: SciTech Services, Inc. and The Lockwood Group, LLC. These companies demonstrate technical skills and experience in areas detailed in the PWS, but a competition providing opportunity to them or a stand-alone contract to either for just 8-months of support, would result in the conditions as outlined in paragraph 5, to include unacceptable delays, substantial duplication of costs, and likely mission failure.

10. Other Facts:

a. Procurement history. The current TO was awarded under the JE-CLaSS MA IDIQ.

Contract/DO/TO NO. Description of Services Competitive History Notes

W911SR16D0013 -

W911SR19F0024

P00025

BIDS/JBPDS/JPS PBL/CLS

IAP Worldwide Services - 1KU75 /

LB (Awardee)

-Non-competitive extension under 10 U.S.C. 3204(b)(B)(ii) as implemented by Federal Acquisition Regulation (FAR) 6.302-1(a)(2)(iii)((B);

-POP: 15Mar2022- 12Jan2023;

-J&A approved 10Feb2022 at $5,543,854.16;

-Awarded value $3,429,921.48

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W911SR19F0024

Services - 1KU75 / LB (Awardee)

NA

Services - 1KU75 / LB (Awardee)

NA

W911SR15C0004

DPRDS/CLS

Battelle Memorial Institute -79986 / LB (Awardee)

NA

Table 3: Procurement History

Follow-On Effort Actions to Date:

Early-stage planning has begun for the follow-on task order. The Government’s intent is to release a solicitation for the follow-on task order under the JE CLaSS II MA IDIQ following award and upon expiration of this extension. JPEO-CBRND is coordinating with ACC-APG to timely release this solicitation in order for the award to be made in June 2023, facilitating the required 60- day transition period that will coincide with the completion of this extension.

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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.

11/13/22 Date: _

Typed Name: Title: COR/Engineer – BIO CLS Contract JPM CBRN Sensors

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.

Date: 11/13/22

Typed Name: Title: COR/Engineer - BIO CLS Contract JPM CBRN Sensors

13. Fair and Reasonable Cost Determination:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.

To support this determination, various cost analysis and price analysis techniques will be used, including comparison with an Independent Government Estimate (IGE) as well as the use of certified cost or pricing data.

Date: 11/15/22

Typed Name: Title: Contracting Officer

14. Contracting Officer Certification:

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

Signatu Date: 11/15/22

Typed Name: Title: Contracting Officer

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Approval

Based on the foregoing justification, I hereby approve the procurement of Performance- Based Logistics and Contractor Logistics Support (PBL / CLS) for the Biological Integrated Detection Systems/Joint Biological Point Detection Systems (BIDS/JBPDS), Joint Portal Shield (JPS) on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 3204(b)(B)(ii) as implemented by Federal Acquisition Regulation (FAR) 6.302-1(a)(2)(iii)((B) -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. For DoD, NASA, and the Coast Guard, services may be deemed to be available only from the original source in the case of follow-on contracts for the continued provision of highly specialized services when it is likely that award to any other source would result in unacceptable delays in fulfilling the agency’s requirements. The estimated value of this action is $3,256,850.00.

This action is subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

11/17/22 Signatu Date:

Typed Name: Title: Command Advocate for Competition