JA 26-52 HTC71123FC027 Redacted.pdf
PDF 478 KB Posted
- Attached to
- Philippines Airlift Support Contract (PASC) II
- Solicitation number
- JA_26-52
About this file
This is a Justification & Approval (J&A) document for a noncompetitive contract modification under the Worldwide Airlift Services Program 135 (WASP-135) multiple-award Indefinite Delivery Indefinite Quantity (IDIQ) contract.
The contracting activity is United States Transportation Command (USTRANSCOM), Directorate of Acquisition, Contract Airlift Division (TCAQ-C). The modification adds FAR 52.217-8, Option to Extend Services, to Task Order HTC71123FC027 issued to Columbia Helicopters, Inc under the WASP-135 IDIQ contract HTC71120DR011. The modification authorizes a six-month service extension from 28 August 2026 to 27 February 2027, structured as two months of base performance plus four one-month option periods. The services required include 24 hours per day, 7 days per week dedicated rotary-wing and fixed-wing aircraft, medical attendants, and personnel to perform airlift services (passenger, cargo, or combination), Casualty Evacuation (CASEVAC), Personnel Recovery (PR), and cargo services to support unscheduled missions in the Philippines for United States Indo-Pacific Command (USINDOPACOM) and Special Operations Command, Pacific (SOCPAC). The modification was justified under 10 U.S.C. § 3204(a)(1) citing sole source authority due to highly specialized services and the need to avoid unacceptable delays during transition to a follow-on General Services Administration (GSA) contract. Columbia is the incumbent contractor already positioned in-country with necessary personnel and aircraft. The contracting officer determined anticipated costs are fair and reasonable, with the contractor agreeing to hold hourly rates steady at originally negotiated levels with no rate increases applied. The J&A notes the Option to Extend Services clause was inadvertently omitted from initial task order award despite being priced and evaluated during competition and included in other option periods, and this modification corrects that contract writing oversight.
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Text version
4. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN
COMPETITION.
10 U.S.C. 3204(a)(1), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.
5. DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE
QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES USE OF
THE AUTHORITY CITED.
The statutory authority permitting the use of other than full and open competition for an order placed against an established multiple award contract is 10 U.S.C. § 3406(c)(5) and FAR 16.507- 6(b)(6), which allows for use of the exceptions listed in FAR 6.103. Under FAR 6.103- 1(c)(2)(ii), agencies may contract without providing full and open competition when highly specialized services are available from only one responsible source and full and open competition would result in unacceptable delays in fulfilling the agency’s requirements.
USINDOPACOM and SOCPAC requires a six-month extension for continued airlift, CASEVAC, PR, and cargo services to support unscheduled missions in the Philippines.
USINDOPACOM and SOCPAC cannot afford a gap in services during the acquisition of the follow-on contract through General Services Administration (GSA), which is underway. This requirement entails multiple specialized fixed and rotary wing aircraft that necessitates significant mobilization efforts to position the aircraft in the Philippines, negotiate customs and personnel clearance requirements for the theater and establish concrete logistics planning for parts and maintenance. There is not sufficient time between the date of this action and the end of performance to competitively acquire a stop-gap period of performance until the GSA contract assumes performance. A noncompetitive contracting action to Columbia that will add FAR 52.217-8, Option to Extend Services, to the task order is the only sensible means to avoid unacceptable delays that would be required for a new contractor to position themselves in the Philippines for full performance. Columbia is already in country with the necessary personnel, aircraft and support to continue services and utilizing this stopgap measure prevents unacceptable delays in performance of this critical requirement.
Task Order HTC71123FC027 was awarded without FAR 52.217-8, Option to Extend Services, due to a contract writing oversight not discovered until recently. This clause—routinely included in task orders for critical services to preserve the Government's ability to execute a short-term extension and avoid any break in services, particularly when other option periods were included as was the case in this task order—was priced and evaluated during the initial competition. All offerors competed with the understanding that the option could be exercised; therefore, incorporating it post-award does not expand the competed scope or alter any offeror's competitive expectations, but simply restores the contractual mechanism all parties anticipated at award. Correcting this oversight is a logical and prudent step to ensure continuity of critical services while USINDOPACOM and SOCPAC procure the follow-on requirement through
GSA.
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