ID08150004_P015_Justification_and_Approval.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

1. Identification of Agency and Contracting Activity:

Agency:

United States Marine Corps

Naval Air Force US Pacific Fleet

NAS North Island Bldg 11

P.O. Box 357051

Marine Corps Air Station Miramar, CA 92135

Contracting Activity:

General Services Administration

Federal Acquisition Service, Region 8

Denver Federal Center, Bldg 41

P.O, Box 25526

Lakewood, CO 80225

2. Nature and/or description of the action being approved:

The General Services Administration (GSA) intends to execute a contract modification to

Contract No. GS08Q15BPC0006 (GSA Project ID08150004) with Innovair LLC using the authority of FAR Clause 52.217-8 in order to extend services up to six months beyond the current period of performance end date of April 30, 2019. This justification and approval (J&A) is being provided because, although FAR Clause 52.217-8 was included in the original contract, the pricing for the additional six months was not evaluated at the time of contract award.

3. Description of the supplies or services required to meet the agency's needs (including the estimated value):

The subject contract provides multi-shift civilian contract maintenance personnel to support day and night flight operations, scheduled and unscheduled maintenance, record keeping, program management, accountability and management of VMFAT-101’s and MAG-11’s aircraft inventory. Currently the contract workforce consists of 248 contractor personnel to support

VMFAT-101 aircraft and 60 contractor personnel to support MAG-11 aircraft. Services are performed at Marine Corps Air Station (MCAS) Miramar, California. The initial contract awarded in FY15 included the FAR Clause 52.217-8 “Option to Extend Services” which allows the contracting officer to modify short extension(s) not to exceed six months to an existing contractor for continued performance of any services within the limits and at the rates specified in the contract. If all six months of the clause are exercised, the price for this option extension will be approximately $15.8M and the performance period will be extended through October

2019.

4. An identification of the statutory authority permitting other than full and open competition.

This modification will be awarded pursuant to 10 U.S.C. 2304(c)(1), Only One Responsible

Source and No Other Supplies or Services Will Satisfy Agency Requirements, as implemented by FAR 6.302-1.

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

The proposed contractor, Innovair LLC, is the incumbent and has been performing these services in a satisfactory manner since April 2015. The contractor’s performance history is evidence of its qualification to continue performing the services under an extension of services issued in accordance with FAR 52.217-8. Innovair LLC is presently the only known source that can perform these services without interruption as the company possesses the manpower and skill levels to provide required services without a learning curve or additional phase-in mobilization requirements. Award to any other source would result in substantial duplication of costs to the

Government that is not expected to be recovered through competition and unacceptable delays in fulfilling the agency’s requirements.

This extension will allow the Government to finalize the re-compete acquisition and allow for an appropriate transition period. Without exercising this extension of services, there would be unacceptable delays in fulfilling the agency’s requirements. The government has made a determination that instead of exercising Option Year Four on this contract, a new solicitation will be issued which will encompass a larger scope in terms of both contractor responsibilities and size of the anticipated workforce. Option Year Three ends on April 30, 2019. The program office and acquisition team have been working since 2018 to conduct market research and develop the new acquisition strategy, requirements documents, and the solicitation package;

however, the complexities of the new requirement have resulted in the solicitation package not being ready for release until sometime in third quarter FY19. There will be no way to award a new re-compete acquisition, and allow for a suitable transition period, prior to the expiration of

Option Year Three on April 30, 2019.

MCAS Miramar does not have the government staffing required to provide the required amount of aircraft maintenance and associated program management functions being provided by the contractor. Aircraft maintenance is a critical function, and without the support of the contract maintenance personnel the aircraft would be grounded.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies.

The original contract action was synopsized on FedBizOpps on February 4, 2015 under solicitation ID08150004. Four offers were submitted in response to the solicitation; however, the

FAR Clause 52.217-8 extension of services pricing was not evaluated at time of initial contract award. Therefore, a “Justification and Approval (J&A)” notice will be posted to FedBizOpps to publicize the proposed sole source modification to exercise the extension of services in accordance with FAR Clause 52.217-8, which is already included in the contract. This notice will be for informational purposes only.

7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

GSA intends to award a modification to Innovair LLC in the amount of $15,837,027.62 or less depending upon the number of months that are needed. Award of the subject contract was the result of a competitive procurement based on best value trade-off, price and other factors considered. The price proposal submitted by the contractor included pricing for the base period and four option periods which comprised the total evaluated price against the other three offerors. The total evaluated price proposed by the contractor was determined to be fair and reasonable at the time the contract was awarded in FY15. The hourly rates for the labor categories used by the contractor have been determined fair and reasonable by GSA during the original evaluation conducted in FY15 and throughout the term of this contract. Furthermore, this is a continuation of prices currently in effect on the contract and per clause 52.217-8 those rates are only subject to change as a result of provisions to prevailing labor rates; to date, there have been no changes based on prevailing labor rates issued by the secretary of labor. This option exercise is in accordance with prices established in the contract and determined to be fair and reasonable.

8. A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

Market research has not been conducted related to this modification because there is no alternative awardee other than the current contractor. However, extensive market research has been conducted for the re-compete acquisition which will be a competitive procurement.

9. Any other facts supporting the use of other than full and open competition.

The GSA acquisition team has been conducting extensive market research to determine the appropriate acquisition strategy for the forthcoming re-compete acquisition. Based on the complexity and scope of the re-compete acquisition, the market research, industry outreach, and internal coordination have taken a considerable amount of time. The acquisition team feels it is unable to conduct the procurement and make award in time to allow for the required transition period between the incumbent and a new contractor. Therefore, this modification to extend services is required to prevent a lapse in critical aircraft maintenance services. Extending the services of the incumbent is the only option available to keep services in place until the re-compete acquisition is awarded.

10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

The following four companies responded to the original solicitation in FY15:

1) Aviation Mechanics Analytical Consultants

2) BobWorks Inc.

3) Innovair LLC

4) International Logistics Group LLC

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

The solicitation for the re-compete acquisition to provide aircraft maintenance services for

VMFAT-101 and MAG-11 is currently being developed. A new contract is expected to be awarded in fourth quarter FY19. The Contracting Officer has conducted significant market research to ensure the greatest amount of competition possible for that contract, taking into consideration any socio-economic factors that can be applied.

12. Certifications and Approval.

The above technical information is certified as accurate and complete to the best of my knowledge and belief.

Technical Representative Date

This justification is accurate and complete to the best of my knowledge and belief.

Contracting Officer Date

Concurrence:

Competition Advocate Date

Approval:

Head of Procuring Activity Date