JA_INTAC Bridge W912HQ18D0008_Redacted.pdf

CUI

Requirement: INTAC Location: CONUS

Control Number: 21-0019

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

Center/District Reviews

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

Security Specialist/INTAC Program Manager

Deputy Director of Small Business Programs Office of Small Business Programs

Business Oversight Branch

Office of Counsel

Procuring Contracting Officer

Location: CONUS

Control Number: 21-0019

Justification and Approval for Other than Full and Open Competition – FAR 6.302-1

1. Contracting Activity: U.S. Army Corps of Engineers (USACE) Humphreys Engineer Center Support Activity (HECSA)

2. Description of Action: Approval is requested for a modification, P00005, to W912HQ18D0008, which is a Firm-Fixed-Price (FFP) Indefinite Delivery Indefinite Quantity (IDIQ) Single Award Task Order Contract (SATOC) for Individual Terrorism Awareness Course (INTAC) services. The primary purpose of the modification is to extend the ordering period for option three by six months and realign $730,894.00 of unused contract capacity.

The maximum capacity of the SATOC will remain unchanged; therefore, the total value of the six-month extension is zero dollars. The modification is necessary to avoid a break in services while the follow-on SATOC is competed.

The current maximum capacity of SATOC W912HQ18D0008 is $4,600,227.00.

Funding is provided at the Task Order (TO) level. To date, funding in the total amount of $3,344,410.63 has been obligated via 58 TOs, leaving $1,255,816.37 of capacity remaining. The total ordering period is 42 months and consists of a 12-month base period, two 12-month options, and one six-month option. As shown below, all of the options have been exercised, and the current ordering period is option three.

Current SATOC Ordering Periods Base: 10 JAN 2018 to 09 JAN 2019 Option 1: 10 JAN 2019 to 09 JAN 2020 (Exercised) Option 2: 10 JAN 2020 to 09 JAN 2021 (Exercised) Option 3: 10 JAN 2021 to 09 JUL 2021 (Exercised)

The modification will change the ordering period as follows:

Before Modification (Current Ordering Period) Total Ordering Period: 10 JAN 2018 to 09 JUL 2021 (42 Months Total) Option 3 Ordering Period: 10 JAN 2020 to 09 JUL 2021 (6 Months Total)

After Modification P00005 Option 3 Extension: 10 JUL 2021 to 09 JAN 2021 (6 Months) Total Ordering Period: 10 JAN 2018 to 09 JAN 2021 (48 Months Total) Option 3 Ordering Period: 10 JAN 2021 to 09 JAN 2022 (12 Months Total)

If Modification P00005 is approved, one TO is anticipated to be issued with the award of the modified SATOC. The TO will be

Location: CONUS

Control Number: 21-0019 fully funded with civil funds and cover four classes over approximately three months

Additionally, five classes are anticipated in FY2022.

the Government plans to only issue TOs for these classes in the event that the competitive follow-on SATOC is not awarded prior to their start dates.

3. Description of Services: The requirement is for Individual Terrorism Awareness

Course (INTAC) training services in support of Headquarters United States Army Corps of Engineers (HQUSACE). The training includes: Evasive/Defensive Driving, Surveillance Detection/Route Analysis, and Basic Firearms. The services require the prime contractor, O'Gara Training and Services LLC (CAGE Code: 3FZS0) to provide all labor, equipment, materials, supervision, contiguous training facilities, and other items and services necessary, except Government Furnished Property

(GFP).

Modification P00005 to SATOC W912HQ18D0008 would extend the ordering period of option three six-months, From 10 July 2021 to 09 January 2021.

4. Authority Cited: 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1(a)(2)(iii)(A), “Substantial duplication of cost to the Government that is not expected to be recovered through competition”.

5. Reason for Authority Cited: As explained in FAR 6.302-1(a)(2)(iii)(A), services may be deemed to be available only from the original source in the case of follow-on contracts for the continued provision of highly specialized services when it is likely that award to any other source would result in a substantial duplication of cost to the Government that is not expected to be recovered through competition.

Background

Location: CONUS

Control Number: 21-0019

INTAC training services are currently being performed under SATOC W912HQ18D0008, which was awarded to O'Gara Training and Services (large business) on 10 January 2018 after being solicited for full and open competition. The total ordering period is 42 months and consists of a 12-month base period, two 12-month options, and one six-month option. All of the options have been exercised, and the current ordering period is option three, which expires on 09 July 2021. Since award, four modifications have been executed, three to exercise options and one to re-align the capacity of the SATOC (P00004), ultimately resulting in the maximum capacity being decreased slightly to $4,600,227.00. To date, funding in the total amount of $3,344,410.63 has been obligated via 58 TOs, leaving $1,255,816.37 of capacity remaining.

The COVID-19 pandemic impacted the scheduling of several INTAC classes, resulting in a large amount of the SATOC’s capacity going unused while its ordering period continued to decrease. Furthermore, a follow-on SATOC is in the process of being solicited for full and open competition but is not expected to be awarded prior to the current SATOC expiring on 9 July 2021. As a result, there is a gap of at least six months, from 10 July 2021 to 09 January 2022, that a contract would need to be in place in order to avoid a break in services.

Justification The INTAC Training services teach service members techniques that may save their lives and the lives of their team members while in combat, such as Evasive/Defensive Driving, Surveillance Detection/Route Analysis, and Basic Firearms. Due to the nature of this training, the Government provides a substantial amount of GFP, such as vehicles, to be used while conducting the course. The GFP is stored at the prime contractor’s training facility. If a new contract to cover the six-moth gap in services was competed and ultimately awarded to a new contractor, the Government would need to pay for moving all of the GFP from the incumbent’s training facility to the new awardee’s training facility. Then, if the follow-on SATOC was awarded to a different contractor, the Government would need to pay to move the GFP again, which would be inefficient and unlikely to be recovered through competition.

The GFP currently located at the incumbent’s training facility includes, but is not limited to the following:

18 Armored Sport Utility Training Vehicles 1 Unarmored Non-Tactical Training Vehicles 1 Rollover Escape Trainer with Tow Hitch Practical Simulators/Explosive Training Devices Miscellaneous Training Aids and Equipment

Location: CONUS

Control Number: 21-0019

Re-locating the armored non-tactical training vehicles would require the rental of an individual transport trailer for each vehicle and/or multiple motor vehicle transport carries. The limitation on the motor vehicle transport carriers would be three vehicles due to the weight of each vehicle. Cost would vary based upon distance of transport.

These are training vehicles and do not meet the legal or safety requirements to be driven on public roads as they are for training use only.

Re-locating the rollover escape trainer would require the rental of a truck with tow hitch to pull the rollover escape vehicle or a flatbed trailer. Cost would vary based upon distance of transport.

Re-locating the Class Five Containers and other training aids and materials would require the rental of multiple large cargo trucks or a tractor trailer due to the weight.

Cost would very based on distance of transport.

The costs associated with moving this property for the short term until the follow-on contract can be awarded greatly outweighs the benefit of openly competing this action.

The overall costs of moving all INTAC equipment will exceed $26,000 one way based on market research performed previously.

The estimated expenses for moving the GFP to another training facility in the local area are as follows:

Re-location of Training Vehicles (no less than $19,000.00) Re-location of Rollover Escape Trainer Vehicle (no less than $1600.00) Re-location of Miscellaneous equipment (training aides and other equipment (no less than $5000.00)

In total, moving the GFP to a new training facility is estimated to cost the Government $26K+. The estimated cost was derived in 2017 from

The calculation was then increased by 2% for each passing year which came out to approximately $26K to transport these vehicles one way. As previously stated, this cost may be doubled if the follow-on SATOC is then awarded to a different contractor. When considering that the total value of the bridge modification would be zero dollars on account of the total capacity remaining unchanged, the duplication of costs from moving the GFP would not be recovered through competition in the event a new contractor was selected for award. As previously stated, there is also a risk that these costs could be doubled if a different contractor is awarded the follow-on SATOC, which would require the Government to pay for the GFP to be moved again.

Impact

Location: CONUS

Control Number: 21-0019

If this justification is not approved, the Government will be forced to cancel training classes until the follow-on SATOC is awarded. The INTAC training services teach service members techniques that may save their lives and the lives of their team members while in combat, such as Evasive/Defensive Driving, Surveillance Detection/Route Analysis, and Basic Firearms. Additionally, personnel are often required to take this training prior to deploying. Therefore, a break in services may not only delay personnel from deploying, but also indirectly and needlessly contribute to U.S. casualties by denying service members the training.

Alternatives There are no other viable alternatives. The Government does not have resources available to conduct the training organically and a bridge contract would result in a substantial duplication of costs that would not be recovered through competition.

Furthermore, a break in services may delay the deployment of personnel and endanger the lives of service members by denying them training that could save their lives.

6. Efforts to Obtain Competition:

a. Effective competition. Request for Information (RFI) W912HQ21T0009 was posted on the beta.sam website, now sam.gov, from 10 May 2021 to 25 May 2021 (15 days) for the follow-on SATOC. The results can be found in Section 8, “Market Research”. The incumbent, O'Gara Training and Services (large business), did not respond to the RFI, but has been satisfactorily performing the current effort under SATOC W912HQ18D0008. Although the results of market research indicate that at least three businesses, two large and one small, are capable of performing this effort, it is not in the best interest of the Government to compete the work under this bridge modification while a follow-on requirement is being recompeted. If this work were competed and the incumbent was not awarded the bridge contract, the Government would need to pay expenses for moving all of the GFP from the incumbent’s facility to the new awardee’s facility. Then, if the follow-on effort was awarded to a different contractor, the Government would need to pay the same expenses to move the GFP again, which would be inefficient and wasteful.

b. Subcontracting competition. SATOC W912HQ18D0008 has a subcontracting plan. The incumbent, O'Gara Training and Services, will be expected to continue to comply with the subcontracting plan after the bridge modification is executed, which will help ensure that the prime contractor obtains as much competition as possible in its subcontracting.

7. Actions to Increase Competition: The requested bridge modification to SATOC W912HQ18D0008 is only a temporary measure to avoid a break in services while the follow-on SATOC is recompeted. The follow-on SATOC will be competed fully and openly based on the results of market research (see Section 8, “Market

Location: CONUS

Control Number: 21-0019

This procurement was set-aside for small businesses because during that time it was known that there were at least two (2) small businesses that had the capabilities and were interested in providing the services. However, only one (1) offer was received in response to the solicitation, which could be due to specific training facility location requirements. The PWS stated that the training facility shall not exceed ninety (90) road miles from the Pentagon and must be within twenty (20) road miles of the US Army Corps of Engineers Trans-Atlantic Program Center located in Winchester, VA. Purchase Order No.

W912BU08P0189 was issued to Summit Point Raceway Associates, Inc (doing business as “BSR”) on 15 July 2008 in the amount of $3.3M. The purchase order’s period of performance consisted of a base period of one (1) year and four (4) option years. This purchase order was set to expire on 30 July 2013, however, modification P00014 was issued on 13 June 2013 to extend the term of the purchase order through 30 November 2013 and Modification P00018 was issued on 15 November 2013 to extend the term of the purchase order through 31 December 2013. This purchase order was modified several times in order to add training classes. As a result, additional costs were incurred, bringing the total value of the purchase order to $4.6M. The contractor provided the required services which resulted in USACE meeting mission requirements.

W912HQ14P0016

This procurement was a “bridge” to ensure continuity of training classes while the solicitation for the follow-on requirement to W912BU08P0189 was being processed. The bridge purchase order was issued to BSR as a sole source action due to the costs involved with relocating INTAC equipment currently stored at BSR’s location. Purchase order W912HQ14P0016 was issued in the amount of $148,268.06 on 6 February 2014 with a period of performance end date of 30 April 2014. Due to mission requirements, this purchase order was modified to increase the number of students for the February and March 2014 classes and to remove the April 2014.

W912HQ14C0027

A second bridge contract for the April through May 2014 classes with options to extend for three (3) additional months to cover June, July, and August 2014 classes was issued on 10 April 2014 in the total amount of $324,905.10 to Summit Point Raceway Associates, INC. The authority cited was 10 U.S.C.

2304(c)(1), as implemented by FAR 6.302-1(a)(2)(iii)(A), “Substantial duplication of cost to the Government that is not expected to be recovered through competition”. The primary reason for the authority cited was that the cost of moving GFP while the follow-on effort was being processed would exceed any cost savings that could be obtained through competition.

W912HQ14D0002

INTAC training was purchased as a firm fixed price IDIQ contract awarded to Summit Point Raceway Associates, INC on 30 Aug 2014 for a base year plus

Location: CONUS

Control Number: 21-0019 two option years for $8,756,004.60. The contract expired on 31 August 2017.

One modification was completed to add within scope work, increasing the total value to $9,290,664.60 and one was completed to add environmental clauses.

W912HQ18D0008

The follow-on effort to W912HQ14D0002 was procured through a FFP IDIQ SATOC, W912HQ18D0008, which had a maximum capacity of $4,635,199.00 at award on 10 January 2018. The total ordering period is 42 months and consists of a 12-month base period, two 12-month options, and one six-month option. All of the options have been exercised, and the current ordering period is option three, which expires on 09 July 2021. This effort was solicited for full and open competition using FAR Part 12 and FAR Part 15 procedures with a Lowest Price Technically Acceptable (LPTA) source selection process. Two offers were received and the SATOC was awarded to O'Gara Training and Services LLC.

Since award, four modifications have been executed, three to exercise options and one to change the capacity of the SATOC (P00004), ultimately resulting in the maximum capacity being changed to $4,600,227.00.

b. Other facts. N/A.

Location: CONUS

Control Number: 21-0019

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.

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.

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 total value of bridge modification P00005 to SATOC W912HQ18D0008 is zero dollars and all rates negotiated on SATOC W912HQ18D0008 were determined to be fair and reasonable at award. If the contractor requests to re-negotiate any rates, a price analysis will be conducted to compare any proposed rates to prices previously paid for SATOC W912HQ18D0008 in accordance with 15.404-1(b)(2)(ii), “Comparison of the proposed prices to historical prices paid, whether by the Government or other than the Government, for the same or similar items”. This contract action is for commercial services and therefore is exempt from obtaining certified cost or pricing data in accordance with FAR 15.403-1(b)(3).

Location: CONUS

Control Number: 21-0019

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

Location: CONUS

Control Number: 21-0019

Approval Based on the foregoing justification, I hereby approve the procurement of INTAC training services in the total amount of zero dollars on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1(a)(2)(iii)(A), “Substantial duplication of cost to the Government that is not expected to be recovered through competition”, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.