JA 25-01 MAIT 25-C-0003 Final_Redacted.pdf

Justification Review Document for Other than Full and Open Competition - FAR Part 6

Program/Equipment: This is a non-personal services contract to provide a Command Maintenance Assistance and Instruction Team (MAIT) for units assigned to the United States Army Pacific (USARPAC). These services will be performed in accordance with the Army's Command Maintenance Discipline Program (CMDP), Command Supply Discipline Program (CSDP), Command Deployment Discipline Program (CDDP), Command Food Service Discipline Program (CFSDP), and all other applicable regulations outlined herein and on AR 750-1. The Government shall not exercise any supervision or control over the contract service providers performing the services herein.

Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

Authority: 10 United States Code 3204(a)(2) as implemented in Federal Acquisition Regulation 6.302-2(a)(2) Unusual and compelling urgency.

Amount: Estimated at for a 3-month bridge contract.

Prepared by: Maletta A. Chan Contract Specialist Date: 4 November 2024 Email:

Contracting Officer: MAJ Michael Bresette

PH:

Date: 4 November 2024 Email:

Technical: Archie D. Cato

PH:

Date: 4 November 2024 Email:

Requirements: Archie D. Cato

PH:

Date: 4 November 2024 Email:

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

Reviews

I have reviewed this justification and find it adequate to support other than full and open competition.

Program Manager

Typed Name: Archie D. Cato

Signature:

Legal Counsel

Typed Name: James P. Leary

Signature:

DSN:

DSN:

Justification and Approval for Other than Full and Open Competition - FAR Part 6

1. Contracting Activity: 413th Contracting Support Brigade, Regional Contracting Office Hawaii

2. Description of Action: Approval to extend an O&M funded Sole Source firm fixed price (FFP) contract for Maintenance Assistance and Instruction Team Services and subordinate locations. On 29 February 2024, a follow-on contract for this requirement was awarded to P&S Solutions, LLC. The contract received a Government Accountability Office (GAO) level post award protest from an unsuccessful offerer on 8 March 2024. The protest resulted in immediate suspension of services performed on the contract pursuant to the Competition in Contracting Act (CICA), 31 U.S.C. § 3553. On 1 April 2024 the Government awarded an eight month "bridge" contract to Decision point, LLC using limited source procedures citing 10 United States Code 3204(a)(2) as implemented in Federal Acquisition Regulation 6.302-2(a)(2) Unusual and compelling urgency with a period of performance from 1 April 2024 to 30 November 2024. After that award the protest from GAO was withdrawn and a new protest was filed at the Court of Federal Claims (COFC).

On 28 May, COFC issued an order that stayed award of the contract until 15 December 2024 pending the outcome of the Bid Protest. This action will extend the period of performance of the current "bridge contract" set to expire on 30 November to account for the COFC order as well as provide the Government time to implement any actions required by the COFC.

The government intends to award a three-month firm fixed-price bridge contract to the incumbent DecisionPoint Corporation which will extend MAIT services until 28 February 2025 because it is the only contractor who can ensure uninterrupted performance of these urgently required services. In addition, the government will also add MAIT services for the 11th ABN Division and Ft. Wainwright and Ft. Richarson, Alaska which are consistent with the contract which is the subject of the Bid Protest.

3. Description of Supplies/Services: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform MAIT support services as defined in the Performance Work Statement (PWS) except for those items specified as government furnished Equipment (GFE) and services. The Contractor shall perform to the standards in this contract.

Contractor will be required travel to other government facilities to meet requirements for assessments, training, and/or evaluations for the 11th ABN Division in Ft Wainwright and Ft. Richardson, Alaska. Services shall be performed in accordance with all applicable regulations and publications including Army Regulation (AR) 750-1, Par. 4-14, USARPAC Regulation 750-1, AR 710-2 and 11TH ABO 750-1, and AR 710-2 and all CASCOM and TRADOC training Regulation. The contractor shall provide technically qualified personnel who can provide sustainment assistance, augmentation, and instructions to 11th ABN DIV.

Period of Performance 3-month Base: 1 December 2024 - 28 Feb 2025

Estimated Value:

4. Authority Cited: 10 United States Code 3204(a)(2) as implemented in Federal Acquisition Regulation 6.302-2(a)(2) Unusual and compelling urgency.

5. Reason for Authority Cited:

a. The current bridge contract for Maintenance Assistance and Instruction Team (MAIT) services at USARPAC, G4, expires 30 November 2024. Due to pending agency and COFC protest, (see Section 2); it is imperative to establish a new bridge contract via unusual and compelling urgency for 3 months (three-month period) to ensure no break in services.

b. In order to be in compliance with the Army mandate, USARPAC is required per Army Regulation 750-1 to establish a MAIT, and AR 710-2 to assist with the Command Supply Discipline Program. A break in performance of the USARPAC MAIT services contract puts the training and readiness of subordinate commands at

c. A break in performance of services associated with this contract will have immediate impacts. USARPAC relies on this contract to conduct Organizational Inspection Program (OIP), Command Discipline Program (CDP) Inspections (CMDP/CSDP/CDDP/CFSDP), Command/ staff Inspections, and Staff Assistance Visits. Units are encouraged to plan for these events annually; these inspections and evaluations help enhance organizational readiness. With out these services, a commands ability to identify compliance gaps IAW Army regulations and policies will be hindered directly impacted readiness.

d. In addition to inspections, the MAIT teams also provides training with the use of approved training support packages from Training and Doctrine Command (TRADOC) and Combined Arms Support Command (CASCOM). The training performed are for the following areas (but not limited to): Corrosion Training; CSDP;

CMDP; CFSDP; and COOP. The training facilitates units in providing supplemental instruction in addition to what is taught through professional military education in order to help increase readiness and compliance in the associated fields of work.

e. While there are other contractors who are able to perform the contract any change in the contract from the incumbent would cause there to be interruption in the services provided, as a result the, the agency determines that Decision Point, LLC is the only Contractor reasonably available to perform the bridge contract for

Control Number: 25-01 the above services without an interruption to MAIT services. Executing a competitive temporary bridge contract to support this effort is not a possible course of action to avoid a break in MAIT services. A competitive award would take 6 to 10 months. The 6 to 10-month schedule includes completing a Contract Review Board

(CRB), issuing a solicitation, receiving offers, conducting proposal review and source selection, and making an award. Due to the loss of time awaiting GAO's resolution, only one month remain on the current bridge contract, which is insufficient time to conduct a competitive award. The pending corrective action and timeline constraints have created an unusual and compelling urgency for the requirement, not resulting from a lack of planning.

f. Continuity of the MAIT contract services is critical to the operation and performance of the USARPAC mission. There are no alternatives that will meet mission requirements without significant and critical interruptions to mission given the time required to award and transition the MAIT services requirements to another contractor. A bridge contract to the current contract is the ONLY alternative given the protest for MAIT Services Contract.

6. Efforts to Obtain Competition:

a. Effective competition. Due to this requirement's unusual and compelling urgency, the MAIT services requirement will not be competed. The 413th CSB / RCO-HI will issue a sole-source firm fixed-price contract to DecisionPoint Corporation. IAW FAR

5.202(a)(2), the Contracting Office need not submit the notice required by 5.201 to synopsize this action as the Contracting Officer has determined that the proposed contract action is made under the conditions described in FAR 6.302-2, and the

Government would be seriously injured if the agency complies with the time periods specified in FAR 5.203. This contract will serve as a 3-month bridge contract between the current bridge contract W912CN-24-C-0015 and the pending follow-on MAIT services contract. The anticipated bridge contract will be awarded to the incumbent contractor as a follow-on contract, W912CN-25-C-0003.

b. Subcontracting competition. The current contract is awarded to a small business.

DecisionPoint Corporation is a small business and is exempt from a subcontracting plan.

7. Actions to Increase Competition: Ample competition is available. The Agency awarded a follow-on contract (W912CN-24-C-0005) for this requirement. The contract was competed among small businesses. The contract was awarded on 29 February 2024. The solicitation for this contract received competitive proposals from 7 offerors. Offers were received from

8. Market Research: Market research was conducted from 26-29 Jun 2023. It was determined that Ability One was not a viable means of procurement because of the time frame needed to process a contract under Ability One, neither was MAIT services on the current Ability One Procurement list. Federal Supply Schedules and Federal Prison Industries do not offer the services required. There are no potential contract vehicles in place that may be employed to satisfy this requirement. The agency has limited leverage with this acquisition because of the geographic area and limited workforce. Attempting to competitively award a contract to any vendor other than the incumbent could result in an unacceptable break in service. In circumstances of unusual and compelling urgency, the contracting officer may limit a procurement to only the firms the contracting officer reasonably believes can properly satisfy the requirement. In this case DecisionPoint Corporation, is the only firm the contracting officer reasonably believes can properly satisfy the requirement without a break in service.

9. Interested Sources: The previous requirement was recently competed and a Firm Fixed- Price (FFP) contract was awarded . The contract was solicited and competitively awarded. As stated previously, the solicitation for the follow-on contract received 7 offers

10. Other Facts: The follow-on contract W912CN-24-C-0005 was awarded on 29 February 2024 and received a protest 08 March 2024.

The MAIT services needs to continue in order to meet objectives to provide effective and responsive assistance and instruction to units and activities, identify systemic problems in logistical areas and provide assistance to improve management of supply and maintenance workload at field and sustainment levels. The Army is required to establish and maintain a MAIT program that is technically self-sufficient for the routine mission to support Active Army units at Corps and Division to fill the capability gap.

The bridge contract will perform critical tasks for USARPAC and subordinate unit locations. Since awarding the 8 month bridge contract on 1 April 2024 the protest at GAO was withdrawn and a new protest was brought to the COFC. As a result additional time is necessary to ensure that there is no break in service pending the COFC decision. The total time for both this contract as well as the previous contract awarded in April of 2024 will not exceed one year.

Procurement history.

Contract number, awarded Contractor: W912CN-24-C-0008, DecisionPoint, LLC.

Description of requirement: Maintenance Assistance and Instruction Team Services

Method of procurement: FAR Part 6 & FAR Part 12

Type of Set-Aside: Sole Source

Contract type: FFP Period of performance: 1 Apr 2024-30 November 2024

Total awarded amount: $559,936.32

Number of option periods: 2 options (8-month bridge)

Number of Offers: 1

Source Selection Method: Sole Source

Basis for fair and reasonable pricing: comparison to previous contract pricing

Current Status: Performing bridge contract

Contract number, awarded Contractor: W912CN-20-C-0015, DecisionPoint, LLC.

Description of requirement: Command Maintenance Evaluation and Training

(COMET) Team

Method of procurement: Set-Aside 100% (SDVOSB) Small Business

Contract type:

Firm-Fixed Price with NTE Travel CLINs

Period of Performance: 30 October 2020- 29 September 2023

Total awarded amount: $2,792,128.51

Number of option periods: Base year plus two 12-month option periods, 6-mo.

extension allowed in accordance with FAR 52.217-8

Number of Offerers: 2

Source Selection Method: FAR Part 15

Basis for fair and reasonable pricing: Competition

Current Status: Contract ends on 31 March 2024

Previous contract for this requirement was competed. There is a history of service disabled veteran-owned small business (SDVOSB). The most recent requirement was competitively solicited among SDVOSB. The pending protest outcome for the follow-on MAIT contract necessitates a bridge contract be awarded no later than 30 November 2024 to ensure MAIT services are performed uninterrupted.

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.

Signature:

Typed Name: Archie D. Cato

Date:

14 November 2024

Title: G43 Logistics Management Specialist

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.

Signature:

Typed Name: Archie D. Cato

Date:

14 November 2024

Title: G43 Logistics Management Specialist

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. The price fair and reasonable will be determined based on a price analysis of historical pricing used on previous and current contracts. Certified cost or pricing data will not be required for this effort IAW FAR 15.403-1(a), the acquisition is at or below the simplified acquisition threshold.

Signature:

Typed Name: MAJ Michael Bresette

Date: 18NOV24

Title: Contracting Officer

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Signature:

Typed Name: MAJ Michael Bresette

Date: 18NOV24

Title: Contracting Officer