JA - Bridge W911QY21C0050 - Final-signed_CA_Redacted.pdf

CUI

Control No: JA-22-NAT-576

Contractor: ICF Incorporated, LLC Program: CFSET Services

JUSTIFICATION REVIEW DOCUMENT

FAR PART 6 JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

Program/Equipment: Combat Field Services Equipment Team (CFSET) requirement consisting of two support teams; Technical Assistance Team (TAT) and Future Capabilities Integration Laboratory (FCIL) for technical service support in the Continental United States (CONUS) and Outside the Continental United States (OCONUS) to include theater locations.

Authority: 10 U.S.C. 3204(a)(1) as implemented by FAR Part 6.302-1 – Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

Amount:

Prepared by:

DSN:

Contract Specialist Date Reviewed:

Contracting Officer:

ACC-APG-Natick Division Date Reviewed:

Technical:

Mechanical Engineer Date Reviewed:

Requirements:

Deputy Product Manager Date Reviewed:

Controlled by: Army Controlled by: ACC-APG CUI Category: General Procurement and Acquisition Distribution/Limited Dissemination Control:

FEDCON

POC: Andrew Richard, 508-206-2027

Contractor: ICF Incorporated, LLC Program: CFSET Services

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

1. Contracting Activity: ACC-APG Natick Division, 1 General Greene Ave, Natick MA 01760

2. Description of Action: Product Manager Force Sustainment Systems (PM FSS) requests approval to award a bridge six (6) month extension with two (2) three (3) month options to the existing sole source bridge contract W911QY21C0050 for technical services featuring a combination of Firm-Fixed-Price (FFP) and cost reimbursable (CR) Contract Line Item Numbers (CLINs) with ICF Incorporated, LLC (ICF), 9300 Lee HWY Fairfax, VA 22031-6050. The Government must award the modification no later than August 2022 to ensure there is no break in essential technical services. Fiscal year 2021 Other Procurement Army (OPA) funds will be utilized for this effort.

3. Description of Supplies/Services: PM FSS executes its responsibilities of overseeing 50 programs of record with a small Table of Distribution and Allowances (TDA) authorization of two (2) military and seventeen (17) civilian positions and relies on a matrix of contractor support for the bulk of its mission accomplishments. This critical and specialized expertise is not available through matrix support arrangements with the Natick Soldier Center or other similar Department of Defense (DoD) agencies. PM FSS requires technical assistance to provide the ability and flexibility to support the many-fielded systems for which it has life-cycle responsibility. The primary utilization of the Technical Services is to support PM FSS Fielded Equipment. PM FSS fields equipment in several different Areas of Responsibility (AOR) that require technical support to assist in the deployment, training, set up, maintenance, and reset activities to ensure the end user is utilizing this equipment to its full potential and the PM is acting as a responsible owner of the equipment they design and field. The largest area is Force Provider, a containerized tent city capable of deployment world-wide, as well as other types of fielded systems to be supported include, Rigid Wall Shelters, Environmental Control Units (ECUs), Heaters, Camouflage Net Systems, and Aerial Delivery Systems.

Technical support is required at Continental United States (CONUS) and Outside the Continental United States (OCONUS) locations. Additionally, the required technical services include a continuous presence in theater where PM FSS has the responsibility for maintaining accountability and supportability of these systems. Losing this support would have a significant negative impact on PM FSS’s ability to support the current war effort and the warfighter.

The contract will consist of FFP CLINs for the following fully burdened service positions:

Program Manager, Program Administrator, Senior Technician OCONUS, Senior Technician CONUS, Junior Technician OCONUS and Junior Technician CONUS. The required support necessary for mission success is based on historical pricing, as well as actual needs.

Contractor: ICF Incorporated, LLC Program: CFSET Services

The contract will also feature CR CLINs for travel and other direct costs (ODCs) and materials with reimbursement based on actual costs spent within the period of performance.

This bridge contract will continue until the Government awards the follow-on competitive contract and phase in activities are completed. Given the specialized services, unless the incumbent is awarded the new competitive contract, the Government will require a phase in time of sixty (60) to ninety (90) days to ensure the services are effectively transitioned and the required readiness and operations tempo (OPTEMPO) support services in theater and CONUS are maintained.

The current bridge contract will expire 31 August 2022 and given the above required sixty (60) to ninety (90) day phase in period to effectively transition OCONUS support services, there are no responsible sources other than the incumbent that can provide the required services without an extended and unacceptable delay in fulfilling Agency requirements.

The period of performance (POP) will consist of one six (6) month extension with two (2) three (3) month options. The proposed POP extension is required as it allows extension of the contract based on any additional or supplemental protest filings while providing the flexibility to allow performance to continue until the protest is resolved, the follow-on contract awarded and a phase in period if necessary is completed.

Based on the historical support and current rates listed on the current contract the following is the anticipated POPs and values of the base and option periods:

Period of Performance: 01 Sep 2022 to 31 Aug 2023 including all options Total Value:

Contractor: ICF Incorporated, LLC Program: CFSET Services

(b) This is a proposed second extension to an existing follow-on bridge contract, W911QY21C0050. That bridge contract was previously executed to avoid a break in service while the Government conducted corrective action in response to a Government Accountability Office (GAO) level protest filed 21 December 2020 by the incumbent ICF, after the award of W911QY21D0001 to competitor STS International, Inc. Both of these companies were competing as Offerors for Solicitation W911QY20R0020. At the conclusion of the corrective action, the Government once again selected STS International for award and work resumed under contract W911QY21D001 in November 2021. On 22 December 2021, ICF submitted another protest to the GAO claiming the Army’s evaluation process and methodology improperly deviated from the terms of the solicitation. Once again, the Government moved to complete corrective action, and consequently on 04 February 2022, the GAO granted and issued a subsequent dismissal on the basis of the issue being academic. On 18 February 2022, the Government exercised the option to extend services via contract modification P00006 to W911QY21C0050 to extend the existing bridge contract for an additional six (6) months to avoid a break in service while corrective action recommenced.

Corrective action was again determined to be an appropriate response to the protest. Final pricing for all technically acceptable offerors were sent to an independent cost/price analyst. The report generated by the cost/price analyst showed that there were areas within the proposals that warranted further discussion. At that point, the KO worked with the Mission Partner (MP) and the cost/price analyst to draft relevant Evaluation Notes (EN’s) for each offeror deemed to be within the competitive range and re-opened discussions. At present, the offerors have responded to their respective EN’s and the Government is wrapping up the evaluation, however it intends to enter a second round of discussions on or about 15 August 2022. Given the timing of the protest and the length of time it has taken for corrective action, it is highly likely that PM FSS will experience an unacceptable gap in service when the current bridge contract expires 31 August 2022 if another extension is not approved and executed.

The incumbent is the only responsible source able to satisfy Agency needs without an unacceptable delay in required services based on the length of time necessary for transition given the specialized nature of the service and the expiration of the current contract period of performance.

The extension of the existing bridge contract contemplated herein to the incumbent, ICF will ensure the required, specialized, and critical theater services continue without interruption. Should the contract be delayed, Force Provider will be unable to remain operational in the active theaters of operation or else result in severe adverse mission consequences to U.S. forces. The PM FSS Technical Assistance Team (TAT) provides direct support to U.S. forces deployed throughout theaters of operation for Operation Inherent Resolve in the Iraq area of operations as well as other emerging worldwide contingencies. The TAT

Contractor: ICF Incorporated, LLC Program: CFSET Services deploys with Force Provider Expeditionary Basing Systems, the Army’s only organic life support capability supporting forward deployed, austere locations.

U.S. forces have no organic subject matter expertise for Force Provider equipment. Consequently, the TAT remains in theater, currently Iraq, with potential missions in Ukraine and Somalia, providing assistance to nearly fifty (50) forward operating bases. The team provides operation and maintenance support to life support capabilities, such as field feeding, laundry and bathing facilities, and billeting equipment, as well as to mission essential generators and micro grid systems. The TAT also provides critical support to U.S. forces by assisting them in planning and in-theater site surveys for base camp deployment, as well as offers logistical planning information, such as fuel and water requirements, and provides operator and maintainer training. A lack of a contract vehicle to provide this support would have serious, adverse effects on the quality of life for deployed Warfighters. Specifically, the Army would have no way of ensuring Force Provider field feeding, field services, and power generation equipment stay operational in the most forward deployed locations. The Government cannot adopt standard procurement times for an acquisition of this urgent nature given the need to ensure the services continue.

(c) Alternatives Considered: To ensure the required technical services continue with no break in essential services, the Government considered several courses of actions prior to deciding on the need for a sole-source contract awarded to ICF.

The Government reviewed the mission-essential elements of the statement of objectives (SOO) that must be maintained without a gap in performance until the follow-on IDIQ is awarded to determine whether the requirement could be separated into smaller competitive requirements, including small-business set-asides. This option was not viable as the services are so integrated that the mission would be compromised and while other contractors can potentially complete the services, the competitive IDIQ necessitates a phase in and phase out period to ensure new technicians are properly trained and integrated into the CFSET mission. One of the requirements of the competitive solicitation was for offerors to provide a recruitment plan to ensure current senior technicians can continue to perform on the new contract to ensure the required level of support is maintained.

(d) Additional Considerations: In determining the need to award a sole-source bridge contract with ICF, the Government determined that a minimum the POP should extend for at least six (6) months with two (2) three (3) month options. IAW established DoD policy all contractors deploying OCONUS to austere locations are required to complete pre-deployment activities for two (2) weeks at the Combat Readiness Center (CRC) after they have completed all required medical and dental examinations. Due to ongoing concerns about COVID-19 and potential new variants, the number of personnel allowed is still restricted and the current lead time for obtaining a slot in one of these cohorts requires a ninety (90) day transition period. Additionally, CRC reservations are by individual names and are not transferable. As a result, PM FSS has had challenges ensuring technicians

Contractor: ICF Incorporated, LLC Program: CFSET Services can seamlessly deploy OCONUS to austere locations for their 180-day rotations.

Additionally, unless the incumbent wins the contract under solicitation W911QY20R0020 based on corrective action, there will need to be a reasonable period to complete on/off ramp activities to ensure mission OPTEMPO and success. In conjunction with legal counsel, it was determined that a six (6) month extension is required to prevent a break in service while corrective action to the existing protest is conducted. An additional two (2) three (3) month option periods are incorporated in the event another protest is received. It is the Government’s intent that the contract will only extend for as long as necessary to complete phase in and phase out activities upon resolution of the corrective action and new contract award. The following milestone table sets out the impact of the protest and corrective action delays.

Event Target Start Date Target End Date Actual Completion

Date Reopen Discussions 03 June 2022 14 June 2022 14 June 2022

Evaluate EN Responses 20 June 2022 22 July 2022 09 August 2022 Conduct Second Round of Discussions 15 August 2022 22 August 2022

Evaluate EN Responses 23 August 2022 26 August 2022 Request Final Price

Revisions 29 August 2022 05 Sept 2022

Complete Price Realism Analysis 06 Sept 2022 16 Sept 2022

Finalize Post- Negotiation

Memorandum

19 Sept 2022

22 Sept 2022

Render a New Best Value Decision 23 Sept 2022 29 Sept 2022

Contract Award 30 Sept 2022 30 Sept 2022 Conduct Debriefs (If

Necessary) 22 August 2022 26 August 2022

Hire New Employees/FCILTraining

(If Necessary)

03 October 2022 11 November

Process for CRC (If Necessary)

14 November

23 December

Phase In/Out (If Necessary) 02 January 2023 17 February 2023

Contractor: ICF Incorporated, LLC Program: CFSET Services

The two (2) three (3) month options were determined to be in the best interest of the Government in the event that another protest is filed following the new source selection decision. The options will be in place to allow the Government the ability to be able to avoid a break in service while it decides the best course of action should this event occur, whether it is to litigate, enter into corrective action again, or start over with a new RFP.

6. Efforts to Obtain Competition: IAW FAR 5.201 the proposed contract action was synopsized on SAM.gov 04 August 2022 and any proposals received will be considered.

(a.) Effective Competition: Because this is a sole source action, effective competition is not applicable.

(b.) Subcontracting Competition: ICF Incorporated, LLC submitted a small business subcontracting plan for contract W911QY21C0050 and is currently in full compliance with the small business as proposed. The contractor will continue to efforts to increase subcontracting opportunities during the extension.

7. Actions to Increase Competition: As noted above, the CFSET requirement is being competed, but protests have occurred. The most recent solicitation, W911QY20R0020 yielded four (4) offerors as indicated in the table under paragraph 9 below. The competitive requirement is currently in source selection as a result of the corrective action approved by the GAO. Upon award of the competitive contract, the Government will work with either the new CFSET contractor or the incumbent to ensure an orderly transition of mission essential services are maintained.

8. Market Research: PM FSS continually conducts tactical as well as strategic market investigation and research to determine additional sources that can provide the specialized technical services. The most recent occurring in August 2022 as well as 2021 for the initial bridge contract and 2019 for the competed follow-on IDIQ contract currently under protest.

(a) IAW Defense Acquisition Regulation Supplement (DFARS) 205.205-71, DFARS 206.302-1(d), and DFARS Procedures, Guidance and Information (PGI) 206.302- 1(d), a Request for Information (RFI) was posted to Sam.gov on 03 August 2022 for seven (7) days and this RFI received no responses. As no responses were received, the Government concluded that there were no other responsible sources that could satisfy the Government’s continued bridge effort requirement Government.

9. Interested Sources:

The Government has not received any written responses from Interested Sources for the proposed bridge contract extension modification. However, the following table contains

Contractor: ICF Incorporated, LLC Program: CFSET Services the sources that have expressed interest or provided proposals for competitive solicitation W911QY20R0020 and are capable of providing the services.

Interested Sources

Contractor Size Standard Market Research Source ICF Incorporated, LLC

Large Business Provided support under W911QY-

10-C-0077, W911QY-15-D-0012

and submitted an offer under solicitation W911QY20R0020

STS International, LLC

Large Business Responded to solicitation W911QY20R0020, Awarded

W911QY21D0001

Triple Canopy, LLC Large Business Responded to solicitation

W911QY20R0020

VSE Corporation Large Business Responded to solicitation

W911QY20R0020

Augustine Consulting, Inc.

Small Business Responded to RFI in April 2019

Hunter Defense Technologies (HDT)

Large Business Posted employment opportunities based on RFI posted in 2019

10. Other Facts:

a. Procurement History:

Procurement History

Contract Number Contractor POP Competitive Status

W911QY10C0077 ICF Incorporated, LLC

April 2010-April 2015 Full and Open Competition

W911QY15D0012 ICF Incorporated, LLC

May 2015-September (Multiple orders placed under the IDIQ, with most recent OCONUS order expiring in February 2021)

Full and Open Competition

W911QY21D0001 STS International December 2020- December 2025 (Stop Work issued 23 December 2020)(2nd

Full and Open Competition

Contractor: ICF Incorporated, LLC Program: CFSET Services

Stop Work issued 22 December 2021)

W911QY21C0050 ICF Incorporated, LLC

February 2021 – August 2022 (1 six-month Base, 2 three-month options, and one 6-month option)

Sole Source 10 U.S.C.

2304(c)(2)

FAR 6.301-2

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: Date Reviewed:

Right-Click "Signature Setup"

Name: Title: Mechanical Engineer

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: Date Reviewed:

Right-Click "Signature Setup"

Name: Title: Deputy Product Manager

Contractor: ICF Incorporated, LLC Program: CFSET Services

Approval

Based on the foregoing justification, I hereby approve the procurement of CFSET Services for the estimated amount of for the period of 01 Sep 2022 to 31 Aug 2023 including all options, on an other than full and open competition basis pursuant to the authority of 10 U.S.C.3204(a)(1), as implemented by FAR 6.302-1 only one responsible source and no other supplies or services will satisfy agency requirements, subject to availability of funds, and provided that the services or property herein described have otherwise been authorized for acquisition.

Command Advocate for Competition:

Signature: Date:

Name: Title: Command Advocate for

Competition