JA PM-MEP Tech Support_2022 29 JUNE 2022 FINAL_Redacted.pdf
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- Solicitation number
- W15P7T10DD409BD03
- Issued by
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Department of Defense
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Control No: JA-22-BELV-406
Contractor: VSE Corp.
Program/Equipment: TDES PM E2S2
JUSTIFICATION REVIEW DOCUMENT
FAR PART 16 EXCEPTION TO FAIR OPPORTUNITY JUSTIFICATION
For Actions Exceeding the Simplified Acquisition Threshold (SAT)
Program/Equipment: Technical Data and Engineering Support for Project Manager
Expeditionary Energy & Sustainment Systems (PM E2S2)
Authority: 10 U.S.C. 2304c(b)(2) as implemented by FAR Part 16.505(b)(2)(i)(B) “Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.”
PCO: Ms. Kristin M. Height
Contracting Officer
E-mail: kristin.m.height.civ@army.mil
Phone: 443-861-4613
Date: 13 June 2022
Reviews: I have reviewed this justification and find it adequate to support an exception to fair opportunity.
Program Manager:
FAR Part 16 Exception to Fair Opportunity Justification
Under Multiple Award Indefinite Delivery Contracts
For Actions Exceeding the Simplified Acquisition Threshold (SAT)
1. Contracting Agency: Army Contracting Command – Aberdeen Proving Ground (ACC-
APG); BLDG 6001; 6565 Surveillance Loop, Aberdeen Proving Ground, Maryland, 21005
2. Description of Action: Project Manager Expeditionary Energy and Sustainment Systems
(PM E2S2) requests a modification to its existing cost-plus fixed fee (CPFF) task order
W15P7T-10-D-D409/BD03 with VSE Corp., located in Alexandria, Virginia, to extend the task order completion date from 6 July 2022 to 5 December 2022. The period of performance extension is necessary only until such time as the follow-on contract is awarded. Fiscal year
2020-2022, Other Procurement, Army funds will be used to fund the extended period of performance.
An acquisition plan is not required because this procurement does not meet the threshold at
Defense Federal Acquisition Regulation Supplement 207.103(d)(i)(B).
3. Description of Supplies/Services:
Task Order W15P7T-10-D-D409/BD03 provides technical data and engineering support service in support of PM E2S2, which include but are not limited to preparation, revision, and maintenance of technical data, and technical publications; support for configuration management of various families of Military Tactical equipment specified below, including but not limited to, Tactical Quiet Generators, Power Units/Power Plants, Advanced Medium-Sized Mobile Power
Systems (AMMPS), Power Distribution Illumination Systems Electrical (DISE, PDISE), Deployable Power Generation and Distribution System (DPGDS), Environmental Control Units, and related components.
This task order falls under the suite of Multiple Award Task Order Contracts (MATOCs), commonly referred to as the Responsive Strategic Sourcing for Services (RS3) vehicle. The RS3 contract vehicle is comprised of 256 prime contractors, which are comprised of small and large businesses. Under the RS3 contract vehicle, tasks are competed as Fair Opportunities pursuant to
FAR 16.505 (b)(1), “Fair Opportunity”. The PM E2S2task order was competed amongst all 256
RS3 contract holders. PM E2S2currently has two major ongoing efforts that require continuous, uninterrupted technical data and engineering support under task order W15P7T-10-D-
D409/BD03. Two major efforts are outlined below:
(a) The Deployable Power Generation and Distribution System (DPGDS) is currently being fielded to support Missile Defense Agency missions around the world. In early
2022, VSE participated in a Physical Configuration Audit (PCA) on DPGDS in order to verify the Technical Data Package (TDP) is correct. A TDP is essential to ensure the correct parts are procured to maintain the equipment in the field. VSE has been researching and preparing an Engineering Change Proposal (ECP) to resolve the issues discovered during the PCA. The resolution of these issues will ensure the fielded equipment will be properly supported to meet the mission needs.
(b) The Advanced Medium Mobile Power Sources (AMMPS) sets provide the electric power necessary for all DoD services to meet mission needs from 5 through 60 kW.
They are currently fielded worldwide. VSE is working on Engineering Change
Proposals to update the Technical Data Programs (TDPs) and provide engineering and technical support to ensure that the TDPs are accurate. A TDP is essential to ensure the correct parts are procured to maintain the equipment in the field. The
Army Acquisition Objective (AAO) for AMMPS has not been reached and a rebuy contract will be awarded soon to fulfill the AAO requirements. VSE will provide
TDPs to support this rebuy contract.
(c) An increase in the total estimated value of the task order is required, as the contract has demonstrated a burn tracking with estimations at the time of award. This modification will extend the period of performance and will increase the total contract value, which mirrors the current rates and burn for a continued four (4) months.
Period of Performance: 6 July 2022 to 5 December 2022
4. Authority Cited: 10 U.S.C. 2304c(b)(2) as implemented by FAR Part 16.505(b)(2)(i)(B) –
(B) Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.
5. Reason for Authority Cited:
An extension to the period of performance will ensure uninterrupted support under this task order until a new follow-on contract can be awarded (discussed below).
Initial acquisition planning for the PM E2S2 follow on began in December 2021. PM E2S2 performed extensive market research into the continued use of Strategic Sourcing contract vehicles to provide technical data and engineering support, initially identifying RS3 the acquisition approach. After detailed consideration of this approach, including an amendment to the RFI to refine the requirement and provide additional to industry, completion of an in-scope analysis, and consideration of the associated contract access fee, it was determined that use of
RS3 was in the best interest of the government for this requirement. Due to the historical use of
RS3 and vast amount of capable vendors no other strategic sourcing vehicles were identified as an appropriate fit for PM E2S2. As a result, a Request for Information (RFI) was published under
RS3 in December 2021 to determine industry and small business capability. An RFI amendment was issued to provide updated requirement details to industry resulting in a submission extension to February 2022. The RFI resulted in nineteen (19) responses, of which eleven (11) were small business and seven (7) demonstrating capability to perform the requirements, which indicated the requirement could be set-aside for Small Business. SBA concurred on this approach in February
2022. After detailed analysis and consideration of the appropriate source selection approach and development of appropriate evaluation criteria, the RFP was issued on 9 June 2022. Industry question and answer submissions were received on the due date of 16 June 2022, which included a request to extend the proposal submission date. The due date was extended to 19 July 2022.
The contract award is not expected to be made by the current task order completion date of 5
July 2022, due to the length of time anticipated for source selection and the current task order not including a transition-out period.
The new contract will provide for a 30-day transition to a new contractor. VSE Corp. is a large business and can therefore not compete as a prime for the new contract.
VSE is currently the only source capable of providing the required level of uninterrupted support to
PM E2S2 pending the follow-on contract award. VSE has been performing under this task order since 2017 and is the only source with the requisite level of working knowledge and experience necessary to successfully meet PM E2S2’s schedule requirements during the specific timeframe.
Uninterrupted contractor support is critical to PM E2S2’s mission. Should a break in contractor support occur, PM E2S2’s mission would be highly likely to fail or cause substantial impacts/delays to supported hardware configuration management program support. If PM E2S2’s mission were to fail or halt, there would be critical consequences to the capabilities of the US Army. PM E2S2 technical data and engineering support is reliant on VSE contract support for the continued configuration management support of five critical Army programs with approximately 37-manyears' of effort invested to date. Loss of this manpower will adversely affect the following programs:
AMMPS, DPGDS, Tactical Quiet Generator (TQG) sets, 2 kW Military Tactical Generator, and
PDISE. The effects will range from engineering, drawing and manual delays, to plan and report delays, all of which will cost the listed programs schedule and funding, and ultimately delay fielding of these capabilities to the Army warfighter. PM E2S2 does not have the organically assigned personnel to cover configuration management support for these programs to advert the impacts of the loss of contract support.
As the DoD standard family of Mobile Electric Power Systems in accordance with DoDI 4120.11, the equipment in the family provides mission critical electricity for most weapon systems on the battlefield. These weapon systems include PATRIOT, WIN-T, C-RAM, Sentinel, Grey Eagle and other programs. The engineering work VSE does maintaining the TDPs ensures the continued life-cycle support of the fielded equipment.
VSE is currently the only known source with the knowledge, expertise, and technical capability to provide uninterrupted contract support for PM E2S2 without a complete transition out. Any other contractor would require a significant amount of learning and access to Government systems and cause unacceptable delays to the Government.
The historical knowledge of both the supported programs and the engineering design specifics, which
VSE possesses, is critical to writing thorough and accurate engineering change, manuals and reports.
PM E2S2 does not currently have the manpower to complete all of these required tasks in the given timeline without contractor support. VSE is the only source that can provide the specialized experience and expertise necessary for continuity to continue technical data and engineering support within the specified timeframe, pending the follow on award, without resulting in unacceptable delays and costs to the Government and unacceptable delays in fielding critical capabilities to the Army warfighter.
If the configuration management technical data and engineering support is stopped due to a break in contractor support, then the government will incur loss of potentially four (4) major program schedules under AMMPS, which include Command Post Integrated Infrastructure (CPI2), Terminal
High Altitude Area Defense (THAAD), Tactical Intelligence Targeting Access Node (TITAN), and multiple Army Combat Aviation Brigades (CABs) which include:
• Patriot, Gray Eagle
• Warfighter Information Network-Tactical Increment 2
• Sentinel
• Counter Rocket Artillery and Missile
• Lightweight Counter Mortar Radar
• Armament Repair Shop Set
• Metal Working and Machine Shop Set
Any interruption to these and many other programs due to a break in service could result in gaps to readiness and mission critical capabilities, further exacerbating dangers and obstacles on the battlefield and other high-threat environments. Delays in these schedules have the potential to directly impact unit readiness, cause operational impact to systems, and result in potential increased costs.
The programs listed in paragraph 3 are the PM E2S2 priorities currently supported by VSE under this task order. Should the period of performance under the current task order not be extended, there will be a high risk of mission failure. VSE is the only source that can continue providing the support required by PM E2S2 that will allow it to meet the stringent schedule for the AMMPS rebuy and updating the DPGDS TDPs. Any delays at this point will adversely impact completion of analysis and reporting, and result in mission failure for all programs with a potential loss to the Government in the hundreds of thousands of dollars.
The contract modification extending the completion date must be executed in June 2022, prior to the current completion date of 6 July 2022.
6. Efforts to Obtain Competition: A five (5) year task order re-compete was issued on the
RS3 contracting vehicle under the fair opportunity process to solicit eligible small businesses, which is anticipated to be awarded fiscal year 2022 – 4th quarter. The request for proposal was issued on 9 June 2022 with a submission date of 12 July 2022, which has been amended at the request of industry to 19 July 2022. Additional information under Section 8 – Market Research
Effort further describes the efforts to obtain competition. Additionally, notice required by FAR
5.201 shall be published and any proposals received shall be considered.
7. Actions to Increase Competition: As mentioned above, source selection for the follow-on contract is currently in process. Contract award is projected for 5 November 2022. Milestones for the source selection process are as follows:
➢ Award: 5 November 2022
➢ Transition Period Complete: 5 December 2022
8. Market Research Effort: No market research on the existing task order has been performed.
Extensive market research relative to the solicitation to the new re-compete was completed by
PM E2S2 (Mr. Collin Smith) from 15 December 2021 through 9 Feb 2022 and is separately documented in the Market Research Report for that procurement action.
9. Other facts:
a. Procurement history:
Previous Contract: W15P7T10DD409/BD03
Previous Contractor: VSE Corp
Award Date: 6 July 2015
Competitive Status: Full and Open Competition
Previous Contract: W909MY-11-C-0024
Previous Contractor: VSE Corp
Award Date: 31 January 2011
Competitive Status: Full and Open Competition after exclusion of sources
b. Acquisition Data Availability: None.
10. 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. 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.
12. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable. The contract amount for this task order was determined fair and reasonable when the task order was awarded, which was based upon adequate price competition. Price analysis and cost realism analysis was used to determine a fair and reasonable price. Certified cost or pricing data will not be required. This modification will extend the period of performance, as well increase the total estimated cost of the task order. This determination will be based upon a price and cost analysis, as a result of competition at the time of award and anticipated competition.
Name: Ms. Kristin M. Height
Title: Contracting Officer
Digitally signed by
HEIGHT.KRISTIN.M HEIGHT.KRISTIN.MAEJA.15140
06772
Signature:
AEJA.1514006772 Date: 2022.06.29 11:48:59
-04'00' Date:
13. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.
Name: Ms. Kristin M. Height
Title: Contracting Officer
Digitally signed by
HEIGHT.KRISTIN.M HEIGHT.KRISTIN.MAEJA.151400
Signature:
AEJA.1514006772 Date: 2022.06.29 11:49:08
-04'00'
Approval
Based on the foregoing justification, I hereby approve the procurement of an extension to the current period of performance to 5 December 2022 under Task Order W15P7T-10-D-
D409/BD03 with VSE Corp., in the amount of using an exception to fair opportunity pursuant to the authority of FAR 16.505(b)(2)(i)(B) – Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized, subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition.
KRISTIN M. HEIGHT
Contracting Officer
U.S. Army Contracting Command-APG-Fort Belvoir
HEIGHT.KRISTIN.M Digitally signed by
HEIGHT.KRISTIN.MAEJA.15140067
AEJA.1514006772 72
Date: 2022.06.29 11:49:18 -04'00'
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