Justification and Approval.pdf

DEPARTMENT OF THE NAVY

NAVSUP FLEET LOGISTICS CENTER NORFOLK

1968 GILBERT STREET SUITE 600

NORFOLK VA 23511-3392

IN REPLY REFER TO

J&A N23-079 230.1

23 March 2023

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Identification of Agency and Contracting Activity.

The requiring activity is Commander, Explosive Ordnance Disposal Group TWO (COMEODGRU TWO), Virginia Beach, Virginia; the contracting activity is NAVSUP Fleet Logistics Center (FLC) Norfolk, Contracting Dept.

2. Description of the Action Being Approved.

This is a sole source action to be awarded as a new contract to Complete Parachute Solutions, INC. This procurement action supports the provision of Military Free Fall (MFF) Support Services that are currently needed to support the necessary throughput to meet U.S. Navy explosive ordnance disposal (EOD) operational requirements.

3. Description of Supplies/Services.

The objective of this requirement is to establish an indefinite delivery indefinite quantity (IDIQ) task order for MFF support services. The contractor shall be required to work closely with the designated Course Director (CD) and Contracting Officers Representative (COR) assigned by Commander, Explosive Ordnance Disposal Group TWO (COMEODGRU TWO), Virginia Beach, Virginia. The contractor shall provide an operation that includes fully qualified Accelerated Free Fall Instructors (AFFI), parachute riggers, contractor personnel who are capable of providing the required instructional support, parachute rigging / quality assurance inspection (QAI), and training services associated with the delivery of the course of instruction (COI) under the coordination of the respective CD and COR.

The anticipated contract will include a two-year ordering period with an additional option for a six-month ordering period pursuant to FAR 52.217-8. The anticipated period of performance is 27 August 2023 through 27 February 2026, if FAR 52.217-8 is exercised. The Independent Government Estimate (IGE) for the price of each period and overall total for the contract is detailed below:

Period Dates Estimate Ordering Period I 15 June 2023 - 14 June2024 Ordering Period II 15 June 2024 - 14 June 2025 FAR 52.217-8 15 June 2025 - 14 December 2025

Overall Total Estimate

The Independent Government Estimate (IGE) for this requirement is shown in the table above.

COMEODGRU TWO developed the IGE based on a quote received from the sole source vendor and technical expertise. The IGE includes inflation for the outlying years, at the rate of 3.5%, which is consistent with historically realized Producer Price Index (PPI) ("Recreational Sports Center" industry) annual changes average of the past three (3) years.

FLC Norfolk is working this contract action in anticipation of the receipt of appropriate Fiscal Year 2023 funding. The requiring activity has agreed to provide the minimum funding in time for contract award.

The Government specified IDIQ minimum guarantee for the resultant contract will be funded at time of award with FY23 Operations and Maintenance, Navy (O&MN) funds. The Government anticipates a minimum IDIQ obligation amount of $5,000.00.

Task/Delivery Orders under the prospective IDIQ contract will be funded utilizing appropriations Navy O&MN of the fiscal year in which each Task/Delivery Order is issued.

4. Statutory Authority Permitting Other Than Full and Open Competition.

The statutory authority permitting other than full and open competition is 10 U.S.C. 3204(a)(1) - the supplies or services needed by the agency are available from only one responsible source, Complete Parachute Solutions, INC., and no other type of supplies or services will satisfy agency requirements, as implemented by FAR 6.302-1.

5. Rationale Justifying Use of Cited Statutory Authority.

In addition to course of instruction support, the contractor will also be required to support the implementation of a new parachute system. The contractor will be required to work with Navy EOD personnel to retrain and certify all impacted contractor personnel on the MT-3/4 Military Javelin (MJ) Parachute System.

The existing service-common Table of Allowances (TOA) lists the MT-2XX parachute system as the material solution required to satisfy operational requirements. The MT-2XX is an aging system which has been in service for over 20 years; does not incorporate advanced safety enhancements of current military parachute systems; does not provide the operational performance required to conduct the myriad current and anticipated future aerial insertion techniques; and is planned for near-term production obsolescence by the Original Equipment Manufacturer (OEM). Therefore, replacement needs are required.

The Navy's designated Systems Command for testing, evaluating, and approving parachute systems for Navy-wide use and life cycle management of these systems is Naval Sea Systems Command Acquisition and Commonality Directorate-Naval Special Warfare (SEA 06-NSW (PMS340)).

That office completed an Analysis of Alternatives (AoA) of commercial off the-shelf (COTS), modified off the shelf (MOTS), and military type-certified parachute systems which are currently approved for use and fielded by the Military Services and other Special Operations Forces (SOF) units. The AoA determined two (2) of these systems meet the current and future operational needs of NSW; specifically, the Enhanced Military Javelin (EMJ) parachute system for ground-based insertion operations, and the

Maritime Military Javelin (MMJ) parachute system for maritime-based operations - both are proprietary to Complete Parachute Systems, Inc., Deland, FL.

For this requirement specifically, the MT-3/4 Military Javelin (MJ) Parachute System is what is required. That system is comprised of two (2) separate items from two (2) different OEMs. Sun Path Products, Inc. are the OEMs for the harness container piece of the container. They have only authorized CPS as an authorized reseller/distributor of their product. The other portion of the system includes the main and reserve parachutes from OEM Performance Designs, Inc., who have also only authorized CPS to be the sole reseller/distributor of their product.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable, including a Description of Market Research, if applicable, and a List of Interested Sources, if any.

Market research was conducted by the Contract Specialist to identify possible sources with the

Commercial Service. The Contracting Officer queried Government databases such as the System for Award Management (SAM), Electronic Document Access (EDA), GSA Advantage, Seaport-e, and internet search engines. In accordance with FAR Part 10, a determination has been made that the required services are of a type offered and sold competitively in substantial quantities in the commercial marketplace based on established or market prices for specific tasks performed under standard commercial terms and conditions.

In order to ascertain a more accurate representation of industry capability for this requirement and in accordance with PGI 206.302-1(d), the Contract Specialist posted a Sources Sought Notice through SAM.gov (NAICS: 611620: Sports and Recreation Instruction) and Seaport-NxG (NAICS: 541330:

Engineering Services). The Sources Sought Notice was posted on 30 January 2023 and closed 14 February 2023. Three (3) companies responded and provided past performance information, Statement of Capabilities (SOC), and additional relevant information.

The requiring activity, COMEODGRU TWO, conducted a review of the Sources Sought responses and provided the following technical analysis of the responses. The Contracting Team concurs with the

COMEODGRU2 Military Free Fall Support Services Sources Sought Analysis

Contractor Cage Code Socioeconomic

Program Small Business

Overall Technical Results/Recommendations:

TAC AIR OPS, LLC 7HF15 SDVOSB

Capable pending confirmation of required government equipment and required performance start date.

TAO states a history with military free fall and an understanding of similar courses providing military training in this capacity with accreditation. However, beyond a generic statement in their response stating that all required contractor equipment is in place and they understand the requirements, there is no mention of the critical elements in paragraph 7 of the PWS and specific requirement for the use of the MT-3/4 Military Javelin Parachute system. This provides little confidence that TAC AIR OPs would be a capable contractor to meet the needs for this requirement.

Complete Parachute Solutions

3B7S7 SDVOSB

Capable Complete Parachute Systems shows a clear understanding of the critical elements of the requirement. Specifically citing the critical contractor furnished material in paragraph 9 of the MT-3 Military Javelin (MJ) parachute system. Additionally, their proposal addresses the critical element of being able to meet the required performance start date

Chenega Analytic Business Solutions, LLC

7ZHD0 SDVOSB

Not Capable; Chenega Analytic Business Solutions' response does not show an understanding of the requirement or certification standards in any way. Their proposal does not mention any attribute or mention of Military Free Fall nor aviation and parachuting in any capacity

LLC and Complete Parachute Solutions were capable of meeting mission requirements. Upon further discussions with TAC AIR OPS, LLC, it was determined that they do not have the capability or authorization to provide the required MT-3/4 Military Javelin (MJ) Parachute Systems. Therefore, the only capable source is Complete Parachute Solutions.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer has determined that the anticipated cost to the Government of the supplies/services covered by this J&A will be fair and reasonable.

8. Actions to Remove Barriers to Future Competition.

For the reasons set forth in Paragraph 5, COMEODGRU TWO has no plans at this time to compete future contacts for the types of supplies/services covered by this document. If another potential source emerges, COMEODGRU TWO will assess whether competition for future requirements is feasible.

In accordance with PGI 206.302-1(d), a sources sought notice was posted to the Government-wide Point of Entry (GPE) as addressed in Paragraph 6.

The Requiring Activity reviewed the information provided by each firm in response to the sources minimum need for this requirement. Based on that review, a determination was made that only one (1), Complete Parachute Solutions, of the responders possess the technical capability to perform the required

Furthermore, market research has determined that there are no other sources that provide the requirements other than Complete Parachute Solutions.

As such, the actions to attempt to remove the barriers to competition have been completed. The circumstances requiring the acquisition be conducted pursuant to FAR 6.302-1 remain unchanged. Any subsequent follow-on requirements will be handled on a case-by-case basis. Market Research will be conducted for any future requirements to determine if there are any potential sources for competition.

9. Contracting Point of Contact

The point of contact at Fleet Logistics Center Norfolk, contracting office is Morgan Olszak, Code 230, at DSN 646-1964, commercial (757) 443-1964 or by e-mail at morgan.e.olszak.civ@us.navy.mil.

J&A Number: N23-079

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance which are included in this Justification and its supporting acquisition planning documents, except as noted herein, are complete and accurate to the best of my knowledge and belief.

Technical Cognizance:

Signature Name (Printed) Phone No. Date

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

Signature Name (Printed) Phone No. Date

CONTRACTING OFFICER CERTIFICATION

I certify that this Justification is accurate and complete to the best of my knowledge and belief. To the extent that the Justification value is >$250K and <$750K, the Contracting Justification.

Signature Name (Printed) Phone No. Date

CONTRACTING ACTIVITY COMPETITION ADVOCATE REVIEW

To the extent that the Justification value is >$750K and <$15M approval of the Justification.

Signature Name (Printed) Phone No. Date

Thad Brill, LCDR, SC, USN 7_5_7_-9_1_7_-_6_82_6_ 23MAR2023