A02 - JA-20-B-025 NDTE FAR Part 16 JA_Redacted.pdf

Control #: JA-20-B-025 Contractor: IAP Worldwide Services

Program/Equipment: U.S. Army TACOM C&H PSID NDTE Scanning Services

FOR OFFICIAL USE ONLY

FAR Part 16 Exception to Fair Opportunity Justification Under Multiple Award Indefinite Delivery Contracts

For Actions Exceeding the Simplified Acquisition Threshold (SAT)

1. Contracting Activity: U.S. Army Contracting Command – Aberdeen Proving Ground (ACC-APG), ATTN: CCAP-CCB, 6565 Surveillance Loop, Building 6001, Aberdeen Proving Ground, MD 21005-1846

2. Description of Action: The U.S. Army Tank-Automotive & Armaments Command (TACOM), Clothing & Heraldry Product Support Integration Directorate (C&H PSID) requests a hybrid Cost-Plus-Fixed-Fee (CPFF) and Cost bridge task order for Non- Destructive Test Equipment (NDTE) services with the incumbent contractor, IAP Worldwide Services (IAP), 7315 N Atlantic Ave., Cape Canaveral, FL 32920-3721. The services that will be provided in the bridge task order were originally provided by IAP, under a task order with a period of performance from 28 August 2017 to 27 September 2019.

On 27 September 2019, following a fair opportunity competition amongst prime contractors on the Responsive Strategic Sourcing for Services (RS3) Multiple Award Indefinite Quantity (MA IDIQ) Contract, a task order for NDTE Services was awarded to the incumbent IAP, W15P7T-19-F-0499. That task order was protested on 15 October 2019 and a Stop Work Order was issued. A Statement of Urgency was filed and on 20 October 2019. The Government granted permission to award this bridge task order, W15P7T-20-F-0008, using fiscal year 2020 Operations and Maintenance (O&M) funds to avoid a break in services. The total estimated contract value for this requested effort is $6,537,842.63 with a period of performance of 21 October 2019 to 20 June 2020. An acquisition plan is not required because the procurement does not meet the threshold at DFARS 207.103(d)(i)(B).

3. Description of Supplies/Services: The scope of this effort is to provide field operating teams that will operate and maintain Non Destructive Test Equipment (NDTE) to conduct testing of armor protective plates worn and used by Soldiers. NDTE is a portable, deployable self-contained system that detects physical or structural defects in body armor plates. The NDTE system consists of an Armor Inspection System (AIS) that employs an X- ray to scan body armor plates. The NDTE scans for physical or structural defects in the ceramic materials, as well as flaws within the composite laminate or the bonds between the ceramic and composite that are undetectable by visual inspection.

The inspection component can be used as a stand-alone system in an environmentally controlled facility. It can also operate as a self-contained unit within a Hard-Sided Expandable Light Air Mobile Shelter (HELAMS).

This task order provides for the only non-destructive body armor testing that is acceptable to the US Army. The AIS’s are technologically advanced and are developed and fielded in a fast paced, fluid and geographically dispersed environment. The Army and other sister services depend on the NDTE team to accomplish the mission, protect our service members, and maintain a strong readiness posture. The complexities involved in the NDTE program require that the task order be completed by a contractor who has significant NDTE and logistics managerial experience, who possesses certified and proven successful processes, and who has a robust recruiting capability to deliver highly experienced and qualified employees to work in an established contractor organization without a break in service.

The total estimated contract value is $6,537,842.63

The total Level of Effort (LOE) for this order is 56,125 hours. This is a CPFF and Cost-type effort in which the pricing is based on labor and indirect rates of a similar task that were found fair and reasonable through competitive means and were also found to be realistic in response to protested task order W15P7T- 19-F-0499 (see Paragraph 2 for details of protest). The Period of Performance and estimated value of the requested effort is:

Base Period: 21 October 2019 to 20 February 2020 Value: $3,268,921.33 Option Period 1: 21 February 2020 to 20 April 2020 Value: $1,634,460.65 Option Period 2: 21 April 2020 to 20 June 2020 Value: $1,634,460.65 Total: $6,537,842.63

4. Authority Cited: 10 U.S.C. 2304c(b)(1) as implemented by FAR 16.505(b)(2)(i)(A) – The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

5. Reason for Authority Cited: Providing a fair opportunity by competing the bridge contract would cause unacceptable delays that would result in a break in NDTE testing services. This would be unacceptable because the task order that is currently being protested provides the only non-destructive body armor testing that is acceptable to the US Army. The Army and other sister services depend on the NDTE team to accomplish their mission, protect our service members, and maintain a strong readiness posture by ensuring that the armor protective plates that the Warfighters wear have no defects.

Therefore, rather than providing a fair opportunity, it is in the best interest of the Government to issue a bridge task order to the incumbent, IAP.

IAP possesses the necessary capabilities to provide the NDTE scanning services. The complexities associated with these services require a contractor who has significant NDTE and logistics managerial experience, who possesses certified and proven processes, and who has a robust recruiting capability to deliver highly experienced and qualified employees to work in an established contractor organization without a break in service. IAP has already demonstrated the ability to meet these qualifications. The risk of selecting a new contractor who does not possess these capabilities would subject the NDTE mission and Warfighters who are in harm’s way to significant and unacceptable risks.

The time that it would take to provide a fair opportunity would result in unacceptable delays that would cause a break in NDTE services. Specifically, a fair opportunity competition would take 4-6 months and it would require an additional 90-120 days for the awarded vendor to fully transition in (taking into consideration the time to verity security concerns, ramp off/on and reach full rate production). This delay of services pertaining to the safety of the Warfighter is unacceptable.

It is critical that the armor protective plates are free of any defects to ensure that the Warfighter has the highest level of ballistic protection possible. A break in NDTE services would mean that the protective body armor that the Warfighters wear on the battle field every day would not be scanned by the NDTE AIS to check for defects.

6. Actions to Increase Competition: The Non-Destructive Test Equipment Scanning Program will continue to pursue new contracting strategies for future requirements of similar scope to improve efficiency, reduce costs to the Government, and provide the greatest opportunity for competition. The Government will conduct market research to ascertain if there are changes in the marketplace that would enable future commercial actions for these engineering, technical, operations, and logistics services supporting the NDTE Scanning program to be broadcasted to a broader audience for increased competition. Upon successful completion and evaluation of this effort, the TACOM, Clothing and Heraldry, PSID will strategically consider a follow on task order, through the RS3 MA IDIQ contract or other commercial contracts, to perform these requirements.

7. Market Research: No market research was conducted due to the urgent nature of this requirement. However, as stated in Number 6, the Government will conduct market research to increase competition in the future. Currently IAP is performing the scanning services at no risk to cost, quality or schedule. No other contractor possesses the capabilities to meet these ongoing requirements in the required timeframe and in an efficient and economical manner without causing unacceptable delays to the Government. The Government has provided IAP with special tooling, support equipment, material, and technical data to perform the scanning services. Furthermore, IAP’s past experience with this program negates the need for a transition period.

8. Other Facts: Procurement History

a) Contract number: W15P7T-10-D-D416, Task Order 0035 Successful Offeror: IAP Worldwide Services, Inc.

Method of procurement: Unrestricted under the R23G MA IDIQ using Fair Opportunity procedures.

Contract type: Cost Plus Fixed Fee/Firm Fixed Price and Cost

Period of performance: 28 August 2017 – 27 September 2019 Total awarded amount: $8,254,501.77 Number of option periods: One (1) Number of Offerors: Two (2)

b) ACC-APG issued a Request for Information (RFI) on 19 March 2019 to 261 RS3 prime contract holders to identify any capable RS3 primes who intended on bidding on the follow-on requirement to the task order listed in 8(a). RFP RS3-18-0034 was issued on 20 June 2019 on an unrestricted basis under the RS3 MA IDIQ vehicle using fair opportunity procedures.

9. 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.

Typed Name: Larry D. Parker Date:

Title: OCIE Budget Coordinator Signature:

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10. 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.

Typed Name: Larry D. Parker Date:

Title: OCIE Budget Coordinator Signature:

11. 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. This determination will be made using the Independent Government Estimate (IGE). As part of this basis, certified cost or pricing data will not be required in accordance with the exemption provided in FAR 15.403-1(b)(1): prices that will be agreed upon are based on adequate price competition.

Typed Name: Jennifer L. Barnes Date:

Title: Contracting Officer Signature:

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

Typed Name: Jennifer L. Barnes Date:

Title: Contracting Officer Signature:

Approval

Based on the foregoing justification, I hereby approve the procurement of Non- Destructive Test Equipment (NDTE) Scanning Services in the amount of $6,537,842.63 on an other than full and open competition basis pursuant to the authority of FAR 16.505(b)(2)(i)(A), the agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays, subject to availability of funds, and provided that the services or property herein described have otherwise been authorized for acquisition.

Cynthia A. Jackson Date:

Command Advocate for Competition Signature: