JA_Bridge_National_Aircraft_Redacted.pdf

FAR Part 6 JOFOC for National Aircraft Services

United States Department of Justice, United States Marshals Service

Office of Procurement

FAR PART 15

Justification for Other Than Full and Open Competition

(Negotiated Procurements) This acquisition follows the procedures presented in FAR 6.3 as authorized by 41 U.S.C 3304

MIQ Request Number TBD

Contract Specialist’s Name

Contracting Officer’s Representative

Description of the action being approved

The United States Marshals Service (USMS) Asset Forfeiture Division (AFD) mission requires the continuation of commercial vendor support to maintain ongoing National Aircraft Contract services. The National Aircraft Contract provides national and international aircraft relocation, storage, maintenance, appraisal, and disposal services for seized and forfeited aircraft for the United States Marshals Service (USMS), Asset Forfeiture Division (AFD). The resulting time limited vehicle will be a commercial contract with Firm Fixed Price (FFP) Contract Line Items (CLINs).

Description of Supplies or Services required to meet the agency’s needs including the estimated value and period of performance

The United States Marshals Service (USMS) Asset Forfeiture Division (AFD) mission requires the continuity of Government services relying heavily upon commercial vendor services that provide seizure support, relocation, secure custodial facilities for storage, periodic maintenance and scheduled inspections for aircraft assets. Aircraft types typically covered within the scope of this effort include, but are not limited to, small fixed-wing General Aviation aircraft; rotor-craft, and corporate size turbine powered aircraft, drones, and helicopter. The domestic, national coverage area includes the Continental United States, Alaska, Hawaii, the Virgin Islands, Puerto Rico, Guam, and the Northern Mariana Islands.

These services are critical in nature and encompass the maintenance of custody, management control, and disposal of property seized or forfeited pursuant to any law enforced or administered by the Department of Justice (DoJ)when the property is seized by the USMS or delivered to the USMS in accordance with regulations; and administer the Department of Justice Asset Forfeiture Fund (see 28 CFR § 0.111-General functions.(i)). Inventory under the current contract includes 14 separate assets of varying type, size and conditions, of varying commercial value and with varying degrees of airworthiness based on existing Federal Aviation Administration (FAA) criteria. The contractor shall be prepared to provide appraisal services and disposal via online auction upon receipt of forfeiture orders. The contractor shall provide such services upon receipt of order from the USMS for any federal seizure that arises in any judicial district during the term of the contract, including seizures that span multiple judicial districts.

The contract Period of Performance (PoP) will begin October 24, 2025, and continue through October 23, 2026. The estimated ceiling value is $899,999,00. This ceiling includes Firm-Fixed-Price CLINs for Relocation, Storage, Maintenance and Disposal Services. FAR Clause 52.217-8 Option to Extend Services may be exercised to extend the PoP for additional time if required.

Indicate Statutory Authority for Contracting without Full and Open

Competition

FAR 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirement. (41 USC 3304(a)(1))

Vendor’s / Brand Name Risk Mondial Aviation & Recovery

Contractor’s unique qualifications or Brand Name item’s characteristics that are exclusive to that Contractor or Brand Name item.

The current contract was competitively awarded to Risk Mondial Aviation & Recovery (“Risk Mondial”). The incumbent has successfully provided the ongoing services under the current terms of the contract for the past five years and has an existing infrastructure and organizational plan established to support the required operations. Risk Mondial has consistently provided similar services to the private sector for many years, as it is an established entity in the aircraft-related community.

Risk Mondial currently oversees 14 assets of varying sizes in Federal custody, it maintains established facilities for storage across the country, and provides trained staff, and specialized transport equipment – if required - that meet DOJ standards.

Additionally, Risk Mondial has the capability to be at the required sites with law enforcement agencies at time of seizure or post investigative custody to take possession of the property in accordance with the existing guidelines for seizure and forfeiture. Its existing footprint in the aircraft industry can be used for immediate response, and can mobilize expediently, as needed. This ability is invaluable from a law enforcement, governmental, and logistical perspective and allows the USMS to act nimbly in any given situation and provide seamless services to the United States Government.

The contract must be awarded by October 24, 2025, to allow the performance to continue uninterrupted until a new competitive award is in place. The re-competition effort is under way, and it is estimated it will be on track for release within or by 3rd QTR FY26, however, the current effort requires an extension to ensure mission continuation. Due to the critical nature of the inventory already in custody and upcoming scheduled seizures, a full competitive process would cause unacceptable delays that would jeopardize the continuity of essential government operations.

Based upon the need for continuity of services, the incumbent contractor Risk Mondial is uniquely suited to provide the highly specialized support described herein. The ability to ensure continuity of services for the aircrafts in current custody in addition to the numbers estimated under scheduled upcoming seizures would be greatly affected, and AFD operations, Federal Court proceedings and overall mission support could be seriously compromised.

Efforts made to Promote Competition

As a result of recent USMS AFD Procurement team staffing shortages, an alternative to a “in-house” competitive contract was explored. The AFD Procurement team attempted utilization of a U.S. Department of the Treasury contract for similar but not identical services. While the Treasury contract would support the continuation of mission critical services, it would also significantly increase the administrative burden on USMS operational staff and USMS Program Manager Governmental roles for asset management.

Upon further research into the AFD utilization of the Treasury contract, it was discovered that this effort was awarded to the current AFD National Aircraft Services incumbent. Additionally, it was discovered that the utilization of the Treasury contract with the same performing vendor would cost AFD over 130% more to ensure continuity of the same services and it would also create an increased operational administrative burden.

Actions to foster full and open competition are being duly pursued under the subsequent re-competition efforts, however, additional time is required to adequately seek competition and award the new contract. The AFD Procurement team sought the use of the competitively awarded US Treasury contract to ensure continuity of services but concluded that awarding to the USMS incumbent vendor at a substantially greater cost did not prove reasonable fiscal responsibility in the best interest of the Government.

Alternatively, award of the subject bridge contract represents the best fiscal alternative without unacceptable disruptions to mission critical services.

This notice to solicit and negotiate with only one source will be posted to the GPE/System for Award Management (SAM) https://www.sam.gov/ as per FAR Subpart 5.2. Based on the above, this sole source action to award a bridge contract to the incumbent, Risk Mondial, is the most advantageous method to meet the AFD’s current mission. This course of action is the most cost-effective acquisition strategy, and it will prevent unacceptable delays and service interruption to the critical support and services for the assets in custody and currently identified under this contract.

Method for Determining Fair and Reasonable Pricing

The Contracting Officer developed an Independent Government Cost Estimate (IGCE) using four-plus years of incumbent invoice data, adjusted with Bureau of Labor Statistics indices. The resulting rates were compared against commercial aircraft storage and relocation providers in several U.S. regions. Risk Mondial proposed rates fall within the commercial market range and below the IGCE midpoint.

Consistent with FAR 15.404-1(b)(2)(i)–(iv), price analysis confirms the anticipated cost to the Government is fair and reasonable.

Market Research

Market research under FAR Part 10 was conducted in 1st QTR FY24 to identify qualified sources, and a limited number of responses was received as a result of the posting to the SAM GPE. The Market Research was not able to discern if the responding entities could support the requirement with capabilities at both national and international level. The USMS does not intend to change its procurement strategy for these ongoing services, which are critical in nature, as any disruption to continuity could negatively affect AFD operations, Federal Court proceedings and could seriously compromise overall mission support.

Accordingly, while full and open competition is being pursued under the upcoming acquisition proceedings, this bridge action must be sole-sourced to the incumbent.

Any Other Facts Supporting the use of Other Than Full and Open Competition

N/A

Interested Sources

The notice to solicit and negotiate with only one source will be posted to the GPE/System for Award Management (SAM) https://www.sam.gov/ as per FAR Subpart 5.2. There is expectation for responses from entities with required capabilities to potentially meet the full concept of operations and support adequate competition.

Actions to Increase Competition:

Due to time constraints, necessity for continuity of services and the existing successful contract with Risk Mondial, requirements to foster competition at this time are not reasonable nor in the best interest of the Government.

Currently, an extension to the current FFP National Aircraft Contract is needed for the continued relocation, storage, maintenance and disposal of the aircrafts currently in USMS’ inventory. Accordingly, it was determined the only suitable acquisition strategy was to solicit a proposal from the current incumbent contractor. The contract Period of Performance (PoP) will start October 24, 2025 through October 23, 2026;

FAR Clause 52.217-8 Option to Extend Services may be exercised to extend the PoP for additional time if required. If efforts conclude in the release of a new fully competed contract award prior to the end of the bridge POP, then plans to transition services will be made expeditiously and the Bridge will be terminated early. Actions to foster competition are being duly pursued under the re-competition effort, which are currently underway.

Certifications and Approvals Technical Representative’s Certification: In accordance with FAR 6.303-2(c), I hereby certify that the information provided in this Justification for Other Than Full and Open Competition is accurate and complete to the best of my knowledge and belief.

Technical Representative

Supervisory/Senior Contract Specialist Concurrence: In accordance with USMS Policy Directive 6.1, Section 7(c) I hereby concur with proceeding with this Justification for Other Than Full and Open Competition.

Eliana York Supervisory Contracting Officer

Office of General Counsel Review: In accordance with USMS Policy Directive 6.1, Section 2(a) I have reviewed this Justification for Other Than Full and Open Competition.

Office of General Counsel

Contracting Officer’s (CO) Certification and Approval: In accordance with FAR 6.303-2(b)(12) I hereby certify that the information provided in this Justification for Other Than Full and Open Competition is accurate and complete to the best of my knowledge and belief.

Christopher Ottie Contracting Officer

ELIANA YORK Digitally signed by ELIANA YORK Date: 2025.10.02 12:47:58 -04'00'

CHRISTOPHER OTTIE

Digitally signed by CHRISTOPHER

OTTIE

Date: 2025.10.02 13:56:24 -04'00'