JA_JE-CLaSS JALS_19F0037 REDACTED.pdf

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Control Number: JA-23-Edg-004

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

Justification and Approval For Other than Full and Open Competition – FAR Part 6

1. Contracting Activity: Army Contracting Command, Aberdeen Proving Ground (ACC- APG), Edgewood Contracting Division (ECD), 8456 Brigade Street, E4215, Aberdeen Proving Ground, Maryland, 21010-5401.

2. Description of Action: The Joint Program Executive Office for Chemical, Biological, Radiological and Nuclear Defense (JPEO-CBRND) requires a new, noncompetitive, follow-on modification to extend the period of performance by nine (9) months from 13 January 2023 – 25 October 2023 for the Jordanian Analytical Laboratory System (JALS) Equipment Sustainment Contractor Logistics Support (CLS), currently performed via Contract Number W911SR-16-D-0010, Task Order (TO) W911SR-19-F-0037, by INTERFUZE Corporation (formerly Veteran's Corp of America (VCOA)). This follow-on action will allow the Government to keep critical support services in place while allowing adequate time for the execution of a competitive follow-on award under the multiple award indefinite delivery, indefinite quantity (MA IDIQ) Joint Enterprise Contracted Logistics and Services Support (JE CLaSS) II vehicle following award of base contracts anticipated for November 2022. The Independent Government estimate (IGE) for this action is $252,310.87 using FY22 Foreign Military Sales (FMS) funds.

3. Description of Services - Services include automotive and lab equipment maintenance & sustainment (M&S), calibration, software updates, maintenance, and repair of equipment. The contractor shall provide a Logistics Information System (LIS) that provides total supply, service and maintenance support. This includes equipment repair, software updates, equipment certifications, shipping, inventory, shelf life and warranty management, calibration, equipment service contract information, and preventive maintenance scheduling.

10-Month Extension: 13 January 2023 – 25 October 2023 Value $252,311.00

Category Amount

Total Direct Labor $67,211 Material $94,000 Shipping $6,000 Travel $25,540 Total Other Direct Costs $125,540 Total Direct Costs $192,751 G&A $36,623 Subtotal $229,374 Profit/Fee (10%) $22,937 Total Cost $252,311

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The total value of the J&A for the 9-month extension period has an estimated cost of $252,311.00. The IGE was developed by the Chemical Detection and Mobile Analytics (CDMA) Assistant Program Manager using the actual cost for option year two (2) of the TO. The labor information included labor categories, FY22 rates, and hours required per facility. Other costs included material, material overhead, travel, and miscellaneous.

Total direct costs ($192,751.00), and 19% G&A ($36,623.00) totaled $229,374.00. A profit/fee of 10% ($22,937.00), totaling $252,311.00, was also applied.

4. Authority Cited: 10 U.S.C. 3204(b)(B)(ii) as implemented by Federal Acquisition Regulation (FAR) 6.302-1(a)(2)(iii)((B) -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. For DoD, NASA, and the Coast Guard, 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 unacceptable delays in fulfilling the agency’s requirements.

5. Reason for Authority Cited: As stated in FAR 6.302-1(a)(2)(iii)(B), “For DoD, NASA, and the Coast Guard, services may be deemed to be available only from the original source in the case of follow-on contracts from the continued provision of highly specialized services when it is likely that award to any other source would result in, (B) Unacceptable delays in fulfilling the agency’s requirements.” The subject extension is required to maintain continuity of mission-critical services as currently provided under TO W911SR-19-F-0037 until a follow-on TO is awarded. Awarding this requirement to a contractor other than INTERFUZE Corporation, would result in both unacceptable delays and substantial duplication of costs that are not expected to be recovered through competition for an extension award of just nine (9) months.

The JALS is used as a sampling device and enhances Jordan’s preparedness to counter the Weapons of Mass Destruction (WMD) threat and address mass casualty-causing incidents.

A contractor other than the incumbent would require a 60-day transition period at the start of this nine (9) month period. During this period, there would be both unacceptable delays, duplication of costs, and impact on the current mission, as a result of the phase out of personnel from the incumbent while the new contractor recruited and hired new personnel. The new personnel will require training as well as an active security clearance to perform the services which would be included in this delay. The contractor also performs logistical services including training in the use of the logistics information systems (LIS) used for collecting, accessing, tracking, and reporting maintenance data and documentation. The new contractor would have a learning curve associated with operating this system which would result in delays in data entry and tracking due to the transfer of the system to the new contractor, impacting mission effectiveness.

The 60-day transition period at the OCONUS locations in Jordan includes the processing

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required as part of deployment including airfare, visas, sponsorship, other travel related documents and expenses, COVID related quarantine accommodations (if applicable), letters of authorization, Synchronized Predeployment and Operational Tracker (SPOT) approval, new supply material, import/export license, and a logistic information system license. Additional and duplicative costs, as outlined in a chart below, would include the repatriation of incumbent personnel to the United States and then deployment of new personnel or redeployment of incumbent personnel hired by the new contractor. As detailed above, there would be significant delays and duplication of costs for the OCONUS services.

The costs associated with the aforementioned areas are detailed below and represent a substantial duplication of costs that are not expected to be recovered through competition, particularly as these additional costs, which would only be expected for a 9-month extension to a contractor other than the incumbent, represent approximately 71% of the estimated total value for the proposed extension effort. The costs below are estimated based on current rates for a single new, noncompetitive follow-on award.

Should the Government award this non-competitive follow-on to a contractor other than the current performer, INTERFUZE, and then award the competitive action to INTERFUZE or another contractor, the costs would be duplicated for a total of $360,000 or 142% of the value of this noncompetitive follow-on.

Cost

Category Basis of Cost Cost

Transition

In

Labor (Familarization of Program and Expectations) $20,000.00 Equipment, Licenses, Logistics Information System Setup & Data $150,000.00

Transfer of GFE from Current Contractor to New Contractor $10,000.00 Total $180,000.00

Table 1: Duplication of Costs

INTERFUZE Corporation is the only contractor that can provide the continuous support required under this TO without causing an unacceptable delay to meet the needs of the Warfighter. JALS is a real world Chemical, Biological and Radiological Mobile Laboratory Systems and enhances Jordan’s preparedness to counter Weapons of Mass Destruction (WMD). It is a complex system of systems used in countering CBRNE incidents.

Seamless support and operations of JALS is critical to the CBR defense mission and a U.S. Foreign Partner Nation. A lapse in these mission-critical services would place Jordan in a vulnerable and potentially defenseless position against a CBR incident or attack because these systems provide warnings of potential exposure, impacting survivability. If these systems are not maintained and are not functioning optimally, there is a high likelihood of casualties if an attack should occur.

Should this justification not be approved, there is no other contract vehicle through which these services can be procured (either with or without competition) that would avoid a significant break in service of at least the number of months required for this extension.

To plan, solicit, evaluate, negotiate, and award an effort of this dollar value and complexity would take a minimum of eight (8) months. With the addition of the 60-day

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transition period, this alternative would result in break in service for a minimum of ten

(10) months while the formal acquisition planning and award would occur, exceeding the time needed for this follow-on extension.

JPEO CBRND’s plan for the services provided under this TO while this extension is being executed is to solicit and award a new TO using fair opportunity under the JE- CLaSS II MA IDIQ contract, which is a successor effort to the JE-CLaSS MA IDIQ, the latter’s ordering period having expired in January 2022. The award of the JE-CLaSS II MA IDIQ was delayed due to efforts to support Operation Warp Speed which required shifting resources from this effort, and increased time to develop the acquisition package due to changing requirements. The award of the JE-CLaSS II MA IDIQ is currently anticipated for November 2022. The anticipated award date of the JE CLaSS MA IDIQ does not allow sufficient time to award a new TO under fair opportunity under the new IDIQ or a stand-alone contract without causing a break in service. JPEO CBRND is requesting a sole-source extension of nine (9) months in order to: 1) keep critical JALS M&S services in place while the JE CLaSS II MA IDIQ is being executed and 2) mitigate any potential risks associated with a break in service should there be further delays in the award of the JE-CLaSS II MA IDIQ.

Based on the foregoing circumstances described, INTERFUZE Corporation is the only contractor that can provide the required critical services without an unacceptable delay or duplication of costs resulting in a significant break in service that exceeds the duration of the nine (9) month extension documented in this J&A.

6. Efforts to Obtain Competition: In accordance with Defense Federal Acquisition Regulation Supplement (DFARS) 205.205-71, DFARS 206.302-1(d), and DFARS Procedures, Guidance and Information (PGI) 206.302-1(d), a sources sought notice/RFI for this proposed extension effort was published on SAM.gov on 23 December 2021.

Three (3) responses were received, as discussed below in paragraphs 8 and 9.

In accordance with FAR 5.201, a special notice stating the Government’s Intent to Award a Sole Source contract action was posted on the SAM.gov website on 12 October 2022. The notice expired 19 October 2022 without any responses from contractors.

a. Effective competition. The below list of contractors has been identified as potentially having interest in the requirement, based on their response to the 23 December 2021 RFI, or their submission of a proposal for the original JALS CLS Task Order solicitation. However, effective competition for this extension is not expected, as INTERFUZE Corporation is the only contractor capable of providing the support required without incurring a break in service. The Government anticipates that effective competition will be achieved in the near future by soliciting the follow-on TO utilizing fair opportunity under the JE-CLaSS II IDIQ

RFI Response Description of

Services Companies’ Cage Code, and Business

Size

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23 December JALS CLS RFI JALS CLS Arcticom, LLC- 7CB39 / Alaskan 8A, SDB 23 December JALS CLS RFI JALS CLS SciTech Services, Inc. -0PL11/ SB 23 December JALS CLS RFI JALS CLS The Lockwood Group, LLC - Not

Provided / SBVOSB

Subcontracting competition. As a large business, INTERFUZE Corporation will be required to abide by the terms in its Small Business Subcontracting Plan, which has been incorporated into the Task Order and will continue to apply for the extension period. Per the Subcontracting Plan, as well as FAR clauses 52.219-8 and 52.219-9, INTERFUZE will strive to meet negotiated goals for subcontracting to small businesses (SBs), Small Disadvantaged Businesses (SDBs), Service-Disabled Veteran-Owned Small Businesses (SDVOSBs), etc.

7. Actions to Increase Competition: The proposed extension does not take any actions to increase competition. As discussed previously, the extension provides for the continuity of contractor-provided services until a follow-on TO can be solicited and awarded. There is no opportunity to increase competition on the extension without causing a break in service; the incumbent contractor’s experience and deployed resources (both physical assets as well as personnel) are necessary for mission execution. Other alternatives to increase competition, such as the division and competition of individual Performance Work Statement (PWS) components, are not feasible because of the need to have an experienced, knowledgeable contractor managing all aspects of CLS for JALS.

The previous J&A, approved 10 FEB 2022, stated that actions to increase future competition would be supported through the utilization of fair opportunity procedures under the JE-CLaSS II MA IDIQ. At that time, it was anticipated that the JE-CLaSS II MA IDIQ would be awarded by May/June of 2022. Initial proposals were received in November 2021. Through the process of proposal evaluation, the government experienced longer lead-times than originally anticipated due to the receipt of more proposals than anticipated, more time needed to execute proposal evaluations, issue an unplanned proposal amendment which resulted significant proposal revisions, and then additional time associated with re-evaluating the proposal revisions and conducting meaningful discussions. As such, the anticipated award date for the JE-CLaSS II MA IDIQ has shifted from May/June 2022 to November 2022 and, as a result there is no longer sufficient time to recompete the task order under another vehicle or as a stand-alone contract to prevent a break in service. Because JE CLaSS II has not yet been awarded, market research and a determination of how to compete the task order under another vehicle or as a standalone contract would require additional time that would result in a break in service.

Moving forward, the JE-CLaSS II MA IDIQ, will consist of two (2) Domains; Domain 1, will be open to Other Than Small Business (OTSB) and Small Businesses, and Domain 2, will be a full Small Business Set-Aside. JE-CLaSS II will establish a group of highly qualified large and small businesses capable of competing on future requirements as

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specified in individual TOs once the IDIQ contract is awarded in May/June 2022 provided that no discussions are required.

The anticipated milestone schedule (notional) for the proposed follow-On TO award is shown below. This schedule is contingent on award of the base JE CLaSS II IDIQ, which is expected in November 2022:

ARP Package Completion: 1 May 2022 Peer Review Complete: 29 May 2022 Post Final Solicitation: 30 May 2022 Proposal Submissions: 30 June 2022 Discussions Complete (if required):

PNM Review Complete: 13 August 2023 Peer Review Complete: 18 August 2023 Anticipated Award: 26 August 2023 Phase In/Phase Out Period Complete: 25 October 2023

8. Market Research: The following techniques were used to conduct market research.

With the exception of the RFI, these market research efforts were completed in support of the JE-CLaSS II MA IDIQ RFP, the scope of which includes the CLS for JALS.

a. Request for Information (RFI): An RFI was published on sam.gov on 23 December 2021 with a response date of 7 January 2022. The RFI information was used in accordance with FAR 10.002(b)(1) which states, “The contracting officer may use market research conducted within 18 months before the award of any task or delivery order if the information is still current, accurate, and relevant.” The information resulting from this RFI meets that requirement. The RFI included an outline description of the required scope of work, program objectives, metrics, applicable systems requiring support, period of performance, and performance locations. Interested firms were invited to respond to the Government by providing a capability statement with the following information (response not to exceed five [5] pages):

Company name, company address, overnight delivery address (if different from mailing address, Cage Code, point of contact, e-mail address, telephone number, fax number).

Business size (i.e., large, small disadvantaged, veteran owned, woman owned, etc.)

A description of the company’s expertise in providing Jordanian Analytical Laboratory System (JALS) Equipment Sustainment – Contractor Logistics Support (CLS) services as required.

Provide information on the Logistic Information System the company would use to satisfy this effort.

A description, in general, of the company’s approach to meeting the required period of performance.

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Any Government-Furnished Property (GFP) required to execute requirements.

The items below were conducted as part of market research to examine alternative contracting solutions:

b. Queried Government databases [Federal Procurement Data System – Next

Generation (FPDS-NG), Contractor Performance Assessment Reporting System (CPARS), GSA, SAM.gov, and the Small Business Administration (SBA) databases] that provide relevant information on acquisitions.

1. GSA: A search of the GSA database, https://www.gsa.gov/buying-selling/products-services/professional-services/buy-services/oasis-and-oasis-small-business/buyers-guidance-and-resources was conducted on 8 September 2021, and re-verified on 22 December 2021 revealed the following:

OASIS Contracts: Searched “Logistics Services” -- Small and Large Business Pool of Contractor NAICS;

- NAICS Code 541614 –Contract is specific to logistics consulting services.

- NAICS Code 561210 addresses facilities support services (janitorial);

establishments engaged in providing management and operating services (hotel, restaurant, hospital); on site management and operations of computer systems and/or data processing facilities; Governmental correctional institutions

- NAICS Code 541330 addresses a vast array of engineering services, not related to the services required for JE-CLaSS

- NAICS Code 541890 addresses “Other Services Related to Advertising”

The NAICS code used under the OASIS contract for logistics services do not include NAICS code 811219 and are therefore not relevant to this requirement.

FPDS-NG: A search was conducted on 8 September 2021 and revisited on 22 December for “contractor logistics support” and “logistics and NAICS Code 811219” yielded 2046 contracts. Many of the contracts listed are purchase orders, delivery orders, and definitive contracts for specialized systems, equipment (i.e., medical, dental, electrical, navigational, and laboratory), ship and boat components, and instruments and supplies for the Navy, Air Force and Coast Guard (awarded to companies such as Patriot Range Technologies, LLC., Knapp Logistics Automation, Inc., Flagship Logistics, LLC., Systems Logistics Corp., Bowhead Logistics Solutions, Inc., Viking Rigging and Logistics, Inc., Global Logistics and Services, Goldbelt Falcon, LLC., Draeger Medical, Inc., Starkey Labs, Inc., Unitron Hearing, etc.). The majority of the contracts listed are inactive and the active contracts do not address the scope of services required for JE-CLaSS II.

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https://www.fpds.gov/ezsearch/fpdsportal?indexName=awardfull&templateN ame=1.5.2&s=&q=Contractor+Logistic+Support&x=16&y=14)

2. The System for Award Management (www.SAM.gov): A search was conducted 28 January 2020 and revisited on 22 December 2021 for “logistics services, NAICS Code 811219” revealed 1,595 active pre-solicitation notices in reference to the 811219 NAIC, and one (1) active pre-solicitation when searching by “Contractor Logistic Support.”

9. Interested Sources: Based upon the results of the RFI discussed in Paragraph 8, dated 23 December 2021, three (3) interested sources were identified for the prior extension: Arcticom, LLC, SciTech Services, Inc. and The Lockwood Group, LLC.

These companies demonstrate technical skills and experience in areas detailed in the PWS, but a competition providing opportunity to them or a stand-alone contract to either for just nine (9) months of support, would result in the conditions as outlined in paragraph 5, to include unacceptable delays, substantial duplication of costs, and likely mission failure.

10. Other Facts:

a. Procurement history. The current TO was awarded under JE-CLaSS MA IDIQ.

Contract/DO/TO NO. Description of Services Competitive History Notes

W911SR16D0010 -

W911SR19F0037

P00007

JALS CLS INTERFUZE Corporation (formerly Veterans’ Corp of America (VCOA)) – 37DN3/SB Awardee

-Non-competitive extension under 10 U.S.C. 3204(b)(B)(ii) as implemented by Federal Acquisition Regulation (FAR) 6.302-1(a)(2)(iii)((B);

-POP: 09Mar2022- 12Jan2023;

-J&A approved 03Mar2022 at $305,491.71;

-Awarded value $178,227.00

W911SR16D0010 -

W911SR19F0037

JALS CLS

INTERFUZE Corp (formerly NA Veteran's Corp of America

(VCOA)) - 37DN3 / SB

Awardee

Follow-On Effort Actions to Date:

Early stage planning has begun for the follow-on task order. The Government’s intent is to release a solicitation for the follow-on task order under the JE CLaSS II MA IDIQ

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following award and upon expiration of this extension. JPEO-CBRND is coordinating with ACC-APG to timely release this solicitation in order for the award to be made in August 2023, facilitating the required 60-day transition period that will coincide with the completion of this extension.

MAEDER.SWATI.

1299286483

Digitally signed by

MAEDER.SWATI.1299286483

Date: 2022.11.12 01:45:07 -05'00'

JOHNSKY.LAURE Digitally signed by

JOHNSKY.LAUREN.A.1284298418

N.A.1284298418 Date: 2022.11.14 12:05:35 -05'00'

MAEDER.SWATI.

1299286483

Digitally signed by

MAEDER.SWATI.1299286483

Date: 2022.11.12 01:55:10 -05'00'

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.

11/12/22 Signature: Date:

Typed Name: Swati Maeder Title: C-RAD Team Lead JPdDM CDMA

12. Fair and Reasonable Cost Determination:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.

To support this determination, various cost analysis and price analysis techniques will be used, including comparison with an Independent Government Estimate (IGE) as well as the use of certified cost or pricing data.

11/14/22

Typed Name: Lauren A. Johnsky Title: Contracting Officer

13. 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.

11/12/22

Typed Name: Swati Maeder Title: C-RAD Team Lead JPdDM CDMA

14. Contracting Officer Certification:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

JOHNSKY.LAURE N.A.1284298418

Digitally signed by

JOHNSKY.LAUREN.A.1284298418 11/14/22

Signature: Date: 2022.11.14 12:05:49 -05'00' Date:

Approval

Based on the foregoing justification, I hereby approve the procurement of Jordanian Analytical Laboratory System (JALS) Equipment Sustainment – Contractor Logistics Support (CLS) on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 3204(b)(B)(ii) as implemented by Federal Acquisition Regulation (FAR) 6.302-1(a)(2)(iii)((B) -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. For DoD, NASA, and the Coast Guard, 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 unacceptable delays in fulfilling the agency’s requirements. The estimated value of this action is $252,311.00. This action is subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

JOHNSKY.LAUR

Digitally signed by

JOHNSKY.LAUREN.A.1284298418 EN.A.1284298418 Date: 2022.11.14 12:06:06 -05'00' 11/14/22