JA 23-19 HTC71117FR012 FINAL_Redacted.pdf

CUI

Controlled by: USTRANSCOM Controlled by: Directorate of Acquisition CUI Category/ies: SSEL Limited Dissemination Control: FED ONLY

POC:

SOURCE SELECTION INFORMATION – See FAR 2.101 and 3.104

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

TRANS-AFRICA AIRLIFT SERVICES CONTRACT (TASC)

NORTH AND WEST AFRICA – FIXED WING (NWA)

Control Number: 23-19

1. CONTRACTING ACTIVITY.

United States Transportation Command (USTRANSCOM), Directorate of Acquisition, Contract Airlift Division (TCAQ-C), 508 Scott Drive, Building 1900W, Scott AFB IL 62225-5357.

2. NATURE AND/OR DESCRIPTION OF ACTION BEING APPROVED.

This action will result in a modification to add and exercise clause FAR 52.217-8, Option to Extend Services to task order HTC71117FR012 awarded under the TASC multiple-award Indefinite Delivery Indefinite Quantity (IDIQ) contract HTC71117DR008 with Berry Aviation, Inc. (BAI) in accordance with FAR 16.505, Ordering.

3. DESCRIPTION OF SERVICES REQUIRED TO MEET THE AGENCY’S NEEDS

(INCLUDING ESTIMATED VALUE).

United States Africa Command (USAFRICOM) and Special Operations Command – Africa (SOCAF) require 24 hours a day / 7 days a week (24/7) dedicated fixed-wing (FW) aircraft services

The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, limited security (for contractor property/personnel) and other items necessary to perform the services. The Period of Performance (PoP) for this six-month extension is 01 February 2023 – 31 July 2023. This six-month extension is in accordance with FAR 52.217-8, Option to Extend Services. The total estimated value for this action is .

4. IDENTIFICATION OF THE EXCEPTION TO FAIR OPPORTUNITY AND

SUPPORTING RATIONALE.

The statutory authority permitting the use of other than full and open competition is 10 U.S.C. § 3406(c)(3) and FAR 16.505(b)(2)(i)(C). The order must be issued on a sole-source basis in the interest of the economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order. Each TASC IDIQ contract holder, tcgilmtr Cross-Out tcgilmtr Cross-Out tcgilmtr Cross-Out tcgilmtr Cross-Out

, BAI, and , were given a fair opportunity and submitted a proposal under the Request for Task Order Proposal-01 (RFTOP-01) on 02 May 2017. BAI was awarded Task Order HTC71117FR012 on 3 July 2017 as its proposal represented the best value to the Government consistent with the identified source selection procedures1.

HTC71117FR012 did not have FAR 52.217-8, Option to Extend Services, included in the award.

This was an oversight. Normally, FAR 52.217-8 would have been included in any task order award for the critical services required to give the Government the opportunity to execute the extension to avoid any break in services. Additionally, the FAR 52.217-8, Option to Extend Services, was evaluated as part of the initial competition for a specific dollar amount as required by FAR 17.207(f); it was only a contract writing oversight that failed to include this option in the executed contract, which was not discovered until recently. As all TASC IDIQ contract holders were provided with fair opportunity on award of the original order, correcting this oversight is a logical action to avoid any gap in services while USAFRICOM procures the follow-on requirement through a separate agency.

USAFRICOM cannot afford a gap in services during the acquisition of the follow-on contract. Sole-sourcing the requirement to BAI by adding FAR 52.217-8, Option to Extend Services, to the task order is the most economical and efficient solution for the Government to avoid additional timing a new contractor would need to position themselves in the CJOA. BAI is already in country with the necessary personnel and aircraft to continue service and utilizing this stopgap measure is a logical follow-on action to avoid a break in service for this critical requirement.

5. DETERMINATION BY THE CONTRACTING OFFICER THAT ANTICIPATED

COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE.

BAI is currently operating under this task order. The price of the extension on this task order was determined fair and reasonable at time of award. No market conditions exist to alter the original fair and reasonable determination; therefore, prices are considered fair and reasonable for this extension.

6. ANY OTHER FACTS SUPPORTING THE JUSTIFICATION.

None.

7. A STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO

REMOVE OR OVERCOME ANY BARRIERS THAT LED TO THE EXCEPTION TO

FAIR OPPORTUNITY BEFORE ANY SUBSEQUENT ACQUISITION FOR THE

SUPPLIES OR SERVICES IS MADE.

1 The source selection procedures utilized were Past Performance Price Tradeoff. BAI’s proposal was rated technically acceptable and with substantial confidence in its past performance. BAI also had the lowest evaluated price that was determined fair, reasonable, realistic and not unbalanced.

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A six-month extension would be used to extend the service of the contract to avoid any gap in services. FAR 52.217-8 was not included in the award of task order HTC71117FR012, which would have allowed the Government to continue service without the use of the Exception to Fair Opportunity J&A. For future requirements, the Government will ensure better acquisition planning to avoid omitting the extension clause in contract awards that include option periods to prevent a lapse of service. Otherwise, USTRANSCOM will continue to provide fair opportunity under future acquisitions as was utilized in the procurement of this requirement.

8. CONTRACTING OFFICER’S CERTIFICATION.

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

THOMAS M. FEE III Date Contracting Officer

9. TECHNICAL OR REQUIREMENTS PERSONNEL CERTIFICATION.

I certify that the supporting data which form a basis for this justification are complete and accurate.

Date

Program Manager, USAFRICOM PR/CASEVAC

10. WRITTEN DETERMINATION OF THE APPROVING OFFICIAL IDENTIFYING

THE CIRCUMSTANCE THAT APPLIES TO THE ORDER.

Based on the above cited justification, I hereby determine the circumstance in FAR 16.505(b)(2)(i)(C) applies to this justification for an exception to fair opportunity.

Date

Competition Advocate

FEE.THOMAS.

M.

Digitally signed by

FEE.THOMAS.M.

Date: 2023.01.17 05:51:09 -06'00'

Date: 2023.01.23 20:08:05 +01'00'

Date: 2023.01.24 15:43:15 -06'00'

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1 The source selection procedures utilized were Past Performance Price Tradeoff BAIs proposal was rated: