_JA2021-Mar21__Redacted.pdf

Control No: JA2021-04

Program/Equipment:

Version – September 2018 FOR OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

FAR PART 6 JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

Program/Equipment: A Company, 5th Battalion, 1st Special Warfare Training Group (Airborne), requires contracted role players in order to meet training requirements articulated in the Program of Instruction (POI) for the Civil Affairs (CA) and Psychological Operations (PO) Advanced Individual Training (AIT) courses.

Authority: 10 U.S.C. 2304(c)(2) as implemented by FAR Part 6.302-2 -- Unusual and Compelling Urgency.

Amount: $ 22,863.96

Contracting Officer: Dr. Regina N. Givens DSN: 734-9069 Contracting Officer Date: 22 February 2021 Email: regina.n.givens.civ@mail.mil

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

Program Manager: (required for all Justifications) Typed Name DSN:

___________________________________ Date: See Digital Signature

Local Legal Counsel: (local legal counsel as required by local policy)

Contracting Office Division Chief:

FAR Part 6 Justification and Approval for Other than

Full and Open Competition

1. Contracting Activity: Fort Jackson MICC.

2. Description of Action: A Company, 5th Battalion, 1st Special Warfare Training Group (Airborne) requests a firm-fixed-price new contract with Weathered Oak, LLC. The Government projects award for February 2021 and fiscal year 2021 funds will be used.

3. Description of Supplies/Services: A Company, 5th Battalion, 1st Special Warfare Training Group (Airborne) requires contracted role players to execute scheduled training events that are graduation requirements defined in the Civil Affairs (CA) and Psychological Operations (PO) Advanced Individual Training (AIT) course Programs of Instruction (POIs).

(a) 23-25 February 2021, CA Module H. Students must: effectively plan, conduct, and report an engagement for a given scenario; effectively plan, conduct, and report a negotiation for a given scenario; and effectively plan, conduct, and report an assessment for a given scenario.

For Actions without Options:

Period of Performance: 23 February 2021 to 25 February 2021.

Total Value: $ ___ $22,863.96_______

Value: $__ $22,863.96______ Total: $__ $22,863.96______

4. Authority Cited: 10 U.S.C. 2304(c)(2), as implemented by FAR 6.302-2, Unusual and compelling urgency.

5. Reason for Authority Cited:

a. 10 USC 2304(c)(2), UNUSUAL AND COMPELLING URGENCY.

MICC Jackson was notified of GAO protest, at 1532, 22 February 2021, in addition to notification of a second protest, at the Agency level, at 1754, 22 February 2021. As result of performance commencing 23 February 2021, Stop Work notification, IAW FAR 52.242-15 was issued after business hours to comply with CICA Stay, necessitating the cited authority.

(1) A Company has 38 CA students and 46 PO students currently training in class 002-21, which began on 8 January 2021, and is scheduled to graduate by 25 March 2021. The maximum class size based on training facilities, resources, and assigned cadre is 48 and 48, respectively. The remainder of FY21 and all of FY22 have consecutive courses scheduled with no breaks greater than two weeks, eliminating the potential for facilitating an additional course. ATRRS reservations for the remaining FY21 courses average 29 students for CA and 43 students for PO. The course load for FY22 is projected to average 32 students per class for CA and 44 students per class for PO.

(2) Lack of contracted role players to execute training events scheduled from 23

February to 18 March 2021 will completely eliminate the ability of A Company to graduate the current students. A Company does not have adequate Cadre to replace contracted role players, and using Soldiers to replace contracted role players does not achieve the training objectives set forth in the POIs or ISAPs. Because all students are Compo 3, failure to graduate the current classes would force A Company to release all students from active duty to be rescheduled for later courses, or cancel class 003-21 to be able to hold over the current class until the required training events can be executed.

Either course of action would negatively impact scheduling for the next 36 months and critically degrade force generation for conventional CA and PO units.

(3) , is prepared to execute requirements starting 23

February 2021 based on being the pending awardee for the base year contract covering the same requirement.

b. Alternatives. No other contractor is prepared to execute requirements starting 23 February 2021, which is essential to avoiding critical impacts to the conventional CA and PO force generation spanning the next 36 months.

c. Additional Considerations.

1) The services detailed above are the verified minimum requirements of the Government to meet the graduation requirements for the students currently in training.

2) Competition would have been feasible had more time been available, but this request covers requirements that would otherwise be performed on a contract that was solicited openly but protested post award.

3) Scheduling constraints with follow on classes are already addressed above, and minor adjustments to training is constrained by available training areas and resources for which BCT units have priority across Fort Jackson.

6. Efforts to Obtain Competition: As result of performance commencing 23 February 2021, Stop Work notification, IAW FAR 52.242-15 was issued after business hours to comply with CICA Stay, necessitating a sole source bridge contract.

7. Actions to Increase Competition: For the current requirement, the Contracting Officer published the notices required by FAR 5.201 and all bids or proposals received were considered.

8. Market Research: Market research reveals a wide range of hourly costs for role players and related occupations and is the sum of analysis on 32 compiled data points from a variety of sources. The lowest verified hourly wage average was $11.50, with the highest averaging at $60.50. The lower end wage data is most likely exclusively from unburdened positions and does not include contract or contractor overhead costs. The overall average of all data points is $24.08, while the average hourly rate for role players in positions or field closely related to the requirements of this contract is $39.88. The lowest verified hourly wage for manager or supervisor type positions was $32.50, with the highest being $76.49. The overall average for supervisory positions is $54.86, while the average hourly rate for positions closely related to the requirements of this contract is $56.50. Taking the average hourly rate for role player positions closely related to the contract requirements and adding 10% to account for fully burdened positions, this provides the $43.87 estimated labor rate for role players utilized in the independent government cost estimate (IGCE), enclosure 4. For managerial and supervisor positions the highest estimated rate is used due to the complexity of the performance requirements. This individual hourly rate is increased by 21% to account for fully burdened positions, due to the relatively low numbers of managers/supervisors required and potential for hiring outside the local commuting area to acquire the appropriate talent and experience. This produces the $92.55 estimated labor rate for supervisors utilized in the IGCE. Option year projections include increases for each rate at 1.5% per year to account for inflation. The overall result is an estimate ranging from $434,382 (base year) to $467,947 (fifth option year) to meet the requirements in the Performance Work Statement (enclosure 2) based on current market data relevant to the scope of work.

9. Interested Sources: N/A.

10. Other Facts: Discuss any other facts supporting the use of other than full and open competition, such as the following:

a. Procurement History (include the following):

1) Contract W9124C20P0002 was awarded competitively, total small business set aside 22 December 2020.

2) Contract W9124C21C0007 was awarded competitively, total small business set-aside, however GAO and Agency protest, required a CICA Stay.

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 or price to the Government for this contract action will be fair and reasonable. The techniques identified at FAR 15.404-1(b) will be used to ensure award will be fair and reasonable price. The Contracting Officer used a comparison of industry cost for similar services. The Independent Government Cost Estimate (IGCE) will primarily be an analysis of the contractor’s proposed cost. Additionally, the techniques identified at FAR 15.404-1(c)(2)iii) will be used to further ensure award will be at fair and reasonable prices. As part of this basis, certified cost or pricing data will not be required and the following exception applies (FAR 15.403), commercial item is being acquired.

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

Contracting Officer