Justification and Approval_Redacted.pdf
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- W56KGU-16-C-0085PRD
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Control No: W56KGU-16-C-0085 Contractor: Envision Innovative Solutions, Inc.
Program/Equipment: C5ISR Center, PRD Support Services
PRD’s follow-on small business set aside task order was awarded on 28 September 2020. A total of eight (8) responses were received for the follow-on effort. Two (2) protests within the stay period were received on 25 November 2020 and 30 November 2020 (U.S. Government Accountability Office (GAO) Docket Numbers: B-419441.1 and B-419441.2), and they have current decision dates of 05 March 2021 and 10 March 2021, respectively. In accordance with ACC-APG policy, Senior Contracting Official approval for this bridge action was provided on 31 August 2020. The current contract’s period of performance ends on 28 January 2021. This J&A request seeks to increase the period of performance and ceiling of this contract, so that Envision may continue providing support until the two protests filed at GAO under the follow-on effort are resolved. An eight (8) month period of performance extension (one (1) four (4) month base and one (1) four (4) month option) would allow for four (4) months to review and respond to the protest(s) while the additional four (4) month would cover any corrective actions taken, if applicable. This request is the second request for modification to increase the ceiling since the award date.
Description Date
Follow On Award 30 September 2020 Protest B-419441.1 received 25 November 2020 Protest B-419441.2 received 30 November 2020 Contract W56KGU16C0085 expiration 28 January 2021 Protest B-419441.1 decision due date 05 March 2021 Protest B-419441.1 decision due date 10 March 2021
If the bridge is not approved, the C5ISR Center PRD mission will be interrupted impacting the readiness and availability of Army equipment to the Warfighter. This is because PRD provides sustainment engineering support to their customers on this contract to include: configuration management of technical data in the Windchill system, technical assistance on spares/repair requirements packages, diminishing manufacturing sources and material shortages/obsolescence planning, maintenance engineering and quality support, value engineering, condition based maintenance, and standardization engineering. If the availability of these weapons systems decreases, the ability of the Warfighter to accomplish their missions will be jeopardized, thereby resulting in critical lapses in mission essential services and serious financial injury to the Government.
Suspending operations is not a viable option for the C5ISR Center PRD as this would have a negative impact on not only the C5ISR Center, but also other organizations that rely on this expertise to include: CECOM LCMC, PEO-C3T, PEO EIS, PEO IEW&S, PM E2S2, Army Research Laboratory, and the CCDC. The C5ISR Center PRD contributes technical and specialty engineering competency development, management, technical expertise, quality assurance, and leadership throughout all phases of the acquisition lifecycle. With current hiring restrictions of Government personnel and increased support requirements from customers, the C5ISR Center PRD does not have in-house personnel or expertise to be able to provide the support to our customers without procuring services under this contract.
This J&A, therefore, will provide the key personnel required to meet the needed day-to-day activities, communications, and reporting requirements for the C5ISR Center PRD to continue to perform the mission without interruption.
6. Efforts to Obtain Competition: In accordance with (IAW) FAR 5.202(a)(2), this action will not be synopsized. The proposed contract action is made under the conditions described in 6.302-2 and the Government would be seriously injured if the agency complies with the time periods specified in 5.203.
a. Effective Competition: Effective competition for the follow-on contract was completed and awarded on 28 September 2020 under the RS3 IDIQ, RS3- 19-0042. A request for information (RFI) was posted to the RS3 IDIQ Contract Holders on 17 January 2020 for 14 days and the results were contract holders advised that they intended to submit a proposal in response to the RFI. Of those , there are small businesses and large businesses. After the RFI responses were received it was determined that the request for proposal (RFP) would be a small business set-aside since there were more than two (2) qualified small business responses. The final RFP was released on 19 May 2020 with responses due 11 June 2020. A total of responses were received.
b. Subcontracting Competition: N/A
7. Actions to Increase Competition: This requirement has been combined into a bigger PRD requirement that was awarded as a restricted small business set-aside under RS3, RS3-19-0042 on 28 September 2020.
8. Market Research: Market research was performed by the Government technical representative from May 2019 through December 2019 under the RS3 multiple award IDIQ. This research included communication with industry and Government technical experts concerning capabilities to meet the logistics support needs of the Combat Capabilities Sustaining Engineering Support program. The following market research techniques were used:
• Conducted market surveys to obtain information from potential sources.
IAW 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 RFI was posted to the RS3 IDIQ Contract Holders on 17 January 2020 for 14 days and the results were contract holders advised that they intended to submit a proposal in response to the RFI. Of those , there are small businesses and large businesses. Most common examples as to why a company was viewed as “Not Capable” were lack of relevant past performance cited and the parroting of PWS requirements without providing any details or elaboration.
9. Interested Sources: See Paragraph 6 for the synopsis information. As stated in
Section 8 above, the follow-on requirements associated with this effort are currently being completed under the RS3 IDIQ which had contractors submit interest and/or an intent to bid for that requirement.
10. Other Facts:
a) Procurement History
1) W56KGU-16-C-0085: 29 September 2016 – 28 September 2020 – Envision Innovative Solutions, Inc., Direct award, Small disadvantaged business 8(a).
b) On 23 November 2020, The Small Business Administration office concurred to the proposed modification to extend the period of performance and increase the contract ceiling within the limitations provided in this J&A.
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.
Typed Name: Geoffrey Lea Date:
Title: Engineer Signature:
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.
Typed Name: Steve Hyman Date:
Title: COR Signature:
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.
☒ This determination will be made using the following: ☐ cost analysis ☐ price analysis ☐ should cost ☒ Independent Government Estimate ☐ audit: ☒ other: Historical monthly burn rates of current contract.
As a part of this basis, certified cost or pricing data:
will be required.
☒ will not be required and the following exception applies (FAR 15.403-1(b)):
Prices that will be agreed upon are based on adequate price competition.
5 January, 2021
5 January, 2021
Program/Equipment: C5ISR Center, PRD Support Services
Prices that will be agreed upon are based on prices set by law or regulation.
A commercial item is being acquired.
A waiver has been granted by the Head of the Contracting Activity IAW
DFARS PGI 215.403-1.
The contract action is a modification to a contract or subcontract for commercial item(s).
☒ The estimated cost of the contract action is less than the threshold for certified cost or pricing data.
Typed Name: Brian Holman Date:
Title: Contracting Officer Signature:
14.Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.
Typed Name: Brian Holman Date:
Title: Contracting Officer Signature:
Approval
Based on the foregoing justification, I hereby approve the procurement of engineering and technical support for modernization and maintenance of various C-E, Intelligence Warfare, Sensors, and Intelligence Operations systems and equipment, as well as Homeland Defense projects in support of C5ISR Center PRD for the estimated amount of $1,834,197.44 on an other than full and open competition basis pursuant to the authority of 10 U.S.C.2304(c)(2) - Unusual and Compelling Urgency, subject to availability of funds, and provided that the services or property herein described have otherwise been authorized for acquisition.
Cynthia Jackson Date:
Command Advocate for Competition Signature:
06 Jan 2021
06 Jan 2021
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