J A_0319-16__LSJ_UHPO_-_9-23-16_final_Redacted.pdf

Control Number: W31P4Q-05-A-0024/0038

FOR OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

FAR 8.405-6 LIMITED SOURCES JUSTIFICATION UNDER THE GENERAL SERVICES

ADMINISTRATION FEDERAL SUPPLY PROGRAM

Program/Equipment: Utility Helicopters Project Office (UHPO) Sole Source Add-on for Programmatic Support on Command Services Contract

Authority: Title III of the Federal Property and Administrative Services Act of 1949 (41U.S.C. 251, et. Seq.) and Title 40 U.S.C 501, Services for Executive Agencies, as implemented by FAR 8.405-6(a)(1)(i)(C). In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with applicable Federal Supply Schedule ordering procedures. The original order or BPA was not previously issued under a sole-source or limited-sources procedures.

Amount:

Prepared by:

Acquisition Analyst/COR

Email:

Contracting Officer: Valorie Ritchey Contracting Officer Email: valorie.p.ritchey.civ@mail.mil

Technical Representative Deputy Project Manager

Email:

Requirements:

Representative Deputy Project Manager

Email:

DSN:

Date: 22 August 2016

DSN:

Date: 22 August 2016

DSN:

Date: 22 August 2016

DSN:

Date: 22 August 2016

16 September 2016

LIMITED SOURCES JUSTIFICATION AND APPROVAL

UTILITY HELICOPTERS PROJECT OFFICE

TO AQUIRE CONTRACTOR PROGRAMMATIC SERVICES

1. CONTRACTING ACTIVITY: Department of the Army, Army Contracting Command – Redstone, CCAM-ESB, Redstone Arsenal, AL 35898-5000

2. DESCRIPTION OF ACTION: UHPO requests approval to award a contract modification to task order W31P4Q-05-A-0024/0038 on a firm-fixed price level of effort basis with CAS, Inc., 100 Quality Circle, Huntsville, AL 35806, CAGE Code: 4S077 under Expedited Professional and Engineering Support Services (EXPRESS) Program Blanket Purchase Agreement (BPA) W31P4Q-05-A-0024. The Government projects award for September 2016. Funding for this effort will be

. The FMS funds that will be used for this requirement are not source directed.

The original task order W31P4Q-05-A-0024/0038 was competitively awarded on 9 December 2010 for a period of five years. The awarded ceiling amount is . The total obligated amount to date on this task order is . This modification will increase the current ceiling by to and extend the task order Period of Performance (POP) by 6 months from 1 October 2016 to 31 March 2017.

As a part of a protest filed with the Northern District Court of Alabama (N.D. Ala), all requirements within the Programmatic Domain were placed on hold on or around 3 April 2015 as a part of a court ordered mandate. The new competitive source selection under Task Order Request for Quotation (TORFQ) 2015P-4 for the UHPO was one of the five requirements. After receipt of the Order of Dismissal issued by the court on 21 June 2016, all requirements were released for processing to award. However, as a courtesy to the BPA holders who could possibly provide a quotation to one or more of the released requirements, it was decided that all RFI and TORFQ releases would be staggered to allow for maximum submission. Therefore, as a result of the aforementioned, several delays have been experienced in getting the requirement released, obtaining quotations, and subsequent source selection for the competitive follow-on effort.

The modification of W31P4Q-05-A-0024 Task Order 0038, programmatic support to the UHPO will allow sufficient time for uninterrupted programmatic support to the UHPO until the T&M D&F is processed and the follow-on competition is completed. The Government will execute this action against Federal Supply Schedule GS-00F-0037P.

3. DESCRIPTION OF SUPPLIES/SERVICES: The UHPO manages multiple phases of acquisition, development, production, modification, recapitalization, sustainment, and foreign military sales for the UH-60 Black Hawk Helicopter. In addition, the UHPO is responsible for the acquisition and management of the Light Utility Helicopter (LUH). The contractor shall provide programmatic advisory and assistance support which includes resource management support and recommendations, cost estimating/analysis, schedule development/assessment, program management plans and integration, strategic planning and analysis, acquisition and fielding support, database management for resource management functions, and operational requirements associated with the UHPO on-site at Redstone Arsenal and off-site at the contractor’s facilities. Additionally, the UHPO has a continuing requirement for programmatic support services in the area of information management systems and knowledge asset management activities.

The total estimated cost of the proposed acquisition is (Labor:

; Travel: ). This modification will result in the addition of labor hours. FMS will fund approximately labor hours and of this requirement. FMS funds are broken out as follows: Labor dollars: and Travel dollars: . The FMS funds used for this requirement are FMS administrative and case funded dollars directly supporting

. The U.S. Government will fund the remaining estimated labor hours at and Travel dollars:

for a total of .

The increase in ceiling and POP extension will provide continuity of support for these critical programmatic services until a competitive, logical follow-on contract can be solicited and awarded.

4. AUTHORITY CITED: Title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251, et seq.), and Title 40 U.S.C 501, Services for Executive Agencies, as implemented by Federal Acquisition Regulation (FAR) 8.405-6(a)(1)(i)(C). In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with applicable Federal Supply Schedule ordering procedures. The original order of BPA was not previously issued under a sole-source or limited-sources procedures.

5. REASON FOR AUTHORITY CITED: The proposed acquisition requires the use of the above cited authority (FAR 8.405-6(a)(1)(i)(C) based on the following:

This limited source justification regarding CAS, Inc., 100 Quality Circle, Huntsville, AL 35806, CAGE Code: 4S077, supports the authority cited above in that the ceiling increase and POP extension is a logical follow-on to an existing Federal Supply Schedule (FSS) order which was placed in accordance with the applicable FSS ordering procedures. The original task order W31P4Q-05-A-0024/0038 was competitively awarded on 9 December 2010. This is the third limited source justification using FAR 8.405-6(a)(1)(i)(C).

This acquisition is in the interest of economy and efficiency because the increase in ceiling and POP extension will prevent duplicate costs of approximately required to train and familiarize new contractor personnel with the processes and policies required to perform the particular programmatic services. The duplicate cost is based on the assumption of the labor and time associated with the administration burden, IT cost, and retraining and familiarizing for new employees of current work load, policies and procedures including resource management support and recommendations, cost estimating/analysis, schedule development/assessment, program management plans and integration, strategic planning and analysis, acquisition and fielding support, database management for resource management functions, and operational requirements associated with the UHPO.

The estimate is based on the assumption of training FTEs of approximately contractor personnel over one man-year of the current contract effort. It is anticipated that it would take approximately six to nine months to train contractor personnel to obtain the capabilities to perform this programmatic effort. Current contractor personnel have detailed knowledge of UHPO programs and program requirements. This includes but is not limited to the 60M, 60V, TMD, LMD, acquisition and budgetary programs required for UHPO. The current contractor possesses the detailed technical expertise to generate and process documentation in accordance with laws, regulations, policies, and UHPO staffing requirements.

It is anticipated that, without the approval of this action, there will be an unacceptable break in services of at least six months while the follow-on to W31P4Q-05-A-0024/TO 0038 is solicited and awarded as a new task order. This break in service is unacceptable because of the impact it would create for the warfighter in that if the current contractor is not allowed to continue, UHPO programs will suffer slippage in schedule and quality of programmatic support in the critical areas of purchasing, resource management, program management, acquisition and fielding support, and operational requirements related to maintenance and safety that would be detrimental to the warfighter.

CAS, Inc. is the only source that can provide the effort in a short period of time until the new competitive AMCOM EXPRESS task order is awarded. No other contractor can gain the necessary expertise during this short time frame to meet the government’s requirement to begin work immediately and continue support without there being a severe learning curve, which could result in a significant break in customer support during a transition. Allowing the current contractor to continue performance under the existing contract for six additional months greatly reduces the lead-time to obtain continuing programmatic support for the period of performance. Only the current contractor has the capability to provide the required services in the required timeframe. The relationship between the initial order dated 9 December 2010 and this follow on requirement is logical in terms of the scope of work. If this LSJ is not approved, a break in service would impact the entire H-60 fleet programs.

6. EFFORTS TO OBTAIN COMPETITION:

a. Effective Competition: The original contract was awarded utilizing full and open competition. No additional efforts have been made to obtain competition for this particular effort. This additional requirement was entered into the Competition Advocate’s Shopping List (CASL) database on 08 August 2016. No contractors expressed an interest in the requirement and no additional sources are being sought because it would not be economical or efficient. CAS, Inc. is the only source that can complete the effort within the required timeframe. This action is exempt from being synopsized IAW FAR 8.404(a).

b. Subcontracting Competition: Contract W31P4Q05A0024 Task Order 0038 includes the requirements of FAR 52.244-5, "Competition in Subcontracting" in the BPA.

7. ACTIONS TO INCREASE COMPETITION: There is acquisition data available for competitive acquisition for a re-compete of the current task order, based on request for information results. The Task Order Request for Quote for the follow-on effort is currently in the planning phase with an anticipated release date of 3 October 2016 to all Programmatic BPA holders under the AMCOM Express Programmatic Domain. Estimated contract award on or before 31 March 2017. These actions will increase the competition of the programmatic support services for UHPO. This action is exempt from being synopsized IAW FAR 8.404(a).

8. MARKET RESEARCH: Limited Market Research has been performed in accordance with FAR 10.002, In August 2016, the Chief of the Utility Helicopters Contracts and Acquisition Management Branch and Chief of the Utility Helicopters Financial Management Branch, conducted market research using personal knowledge, program experience and posting of this follow-on action in the CASL database on 8 August 2016. Other market research techniques used included reviewing recent market research results for similar services, including the current AMCOM Express Programmatic Domain BPA Holder list, and the One Acquisition Solution for Integrated Services (OASIS) contract vehicle, November 2015. No other sources were identified that could meet the UHPO’s requirement for programmatic services within the required timeframe. The UHPO personnel have determined that CAS, Inc. is the only vendor that can meet the UHPO’s requirement during this interim period. FAR Part 12 was used for the GSA contract, this task order is based on the GSA contract, so it utilizes FAR Part 8.

9. INTERESTED SOURCES: This requirement will not be synopsized in accordance with the exception stated in FAR 8.404(a) which states "when establishing a BPA, or placing orders under Federal Supply Schedule contracts using the procedures of 8.405, ordering activities shall not seek competition outside of the Federal Supply Schedules or synopsize the requirement." As indicated in FAR 8.405-6(a)(2)(i) and (iii), a redacted version of the limited source justification will be posted within 14 days after executing this action. A copy of the posted notice will be placed in the contract file. To date, there have not been any other sources expressing an interest in writing. In the event any bids/proposals are received they will be considered.

10. OTHER FACTS:

Procurement History:

The current contract, TO 0038 on W31P4Q-05-A-0024, was competitively awarded under AMCOM EXPRESS Programmatic Domain on 9 December 2010, to CAS, Inc., 100

Quality Circle, Huntsville, AL 35806 (CAGE Code: 4S077). The TO had a 5 year period of performance, 9 December 2010 through 8 December 2015, the award ceiling amount was with hours awarded

W31P4Q-05-A-0024/0038 was modified with a LSJ (contract modification 73) in August 2015 increased the ceiling by from to with an increase of hours. Modification 73 extended the period of performance from August 2015-March 2016. The extension was awarded on a non-competitive basis to CAS, Inc., 100 Quality Circle, Huntsville, AL 35806, CAGE Code: 4S077. The modification was awarded on a non-competitive basis under the authority permitting other than full and open competition - Title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251, et seq.), Title 40 U. S. C. 501, Services for Executive Agencies, as implemented by FAR 8.405-6(a)(1)(i)(C) and Title 10 U.S.C 2304(c)(1).

At the time of approval of the Limited Sources Justification and Approval Paragraph 7, Actions to Increase Competition, stated “The follow-on effort for Task Order W31P4Q-05- A-0024 0038 will be solicited competitively under the AMCOM Express Programmatic Domain. The solicitation for the follow-on effort is expected to be published in the September 2015 time frame with an estimated contract award in March 2016.” However, as stated above a hold was placed for all new actions (including re-competes) due to a protest in the Programmatic Domain which was not resolved by September 2015, therefore, the solicitation could not be released.

W31P4Q-05-A-0024/0038 was modified with a LSJ (contract modification 85) in February 2016 increased the ceiling by from to with an increase of hours. Modification 85 extended the period of performance from March 2016 to September 30, 2016. The extension was awarded on a non-competitive basis to CAS, Inc., 100 Quality Circle, Huntsville, AL 35806, CAGE Code:

4S077. The modification was awarded on a non-competitive basis under the authority permitting other than full and open competition - Title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251, et seq.), Title 40 U. S. C. 501, Services for Executive Agencies, as implemented by FAR 8.405-6(a)(1)(i)(C) and Title 10 U.S.C 2304(c)(1).

At the time of approval of the Limited Sources Justification and Approval Paragraph 7, Actions to Increase Competition, stated “The follow-on effort for Task Order W31P4Q-05- A-0024 0038 will be solicited competitively under the AMCOM Express Programmatic Domain. The solicitation for the follow-on effort is expected to be published in the March 2016 timeframe with an estimated award date of August 2016. However, as stated above all new actions (including recompetes) under the EXPRESS Programmatic Domain were not available for release until the litigation was dismissed on 21 June 2016. The dismissal of the litigation allowed ACC-Redstone to once again process new requirements among the holders of the BPA under EXPRESS Programmatic Domain. The TORFQ for the follow-on TO is estimated to be released 1 October 2016 and close 1 November 2016.

Anticipated award of new competitive TO before 31 March 2017.

Approval

Based on the foregoing justification, I hereby approve the ceiling increase and POP extension for Programmatic Support for the Utility Helicopter Project Office. The services to be provided consist of programmatic advisory and assistance support which includes resource management support and recommendations, cost estimating/analysis, schedule development/assessment, program management plans and integration, strategic planning and analysis, acquisition and fielding support, database management for resource management functions, and operational requirements associated with the UHPO. This anticipated contract modification will be awarded to CAS, Inc. (CAGE Code: 4S077), on an other than full and open competitive basis pursuant to the statutory authority of Title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251, et seq.) and Title 40 U.S.C. 501, Services for Executive Agencies, as implemented by FAR 8.405-6 (a)(l)(i)(C), subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition. This effort will increase the ceiling by with an addition of labor hours and will extend the period of performance from 1 October 2016 to 31 March 2017 on W31P4Q-05-A-0024 Task Order 0038.

Signature: ________________ Special Advocate for Competition:

Shelley R. Muhammad

27 Sep 2016