Justification and Approval Redacted.pdf

Justification and Approval (J&A) for Other Than Full and Open Competition

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I. Agency and Contracting Activity.

USSF SSC 45 CONS/PKAB

1201 Edward H. White II Street Patrick SFB FL 32925-3238

II. Nature and/or description of the action being approved.

Approval is requested for an extension to contract FA2521-16-C-0004, Fire Protection, Emergency Management and Emergency Medical Services (FEMS III), Cape Canaveral Space Force Station (CCSFS), by extending the contract by 12 months (April 1, 2022 - March 31, 2023) with an option for three one-month options (April 1, 2023 - June 30, 2023). Space Launch Delta (SLD) 45 intends to award a sole source contract extension to Centerra Group, LLC for work that is currently being performed under the FEMS III CCSFS contract FA2521-16-C-0004. This 12-month base extension will permit the continuation of mission critical services and will prevent an interruption of support until the follow-on contract, FEMS IV, can be awarded. Three one-month options were included in case award cannot be made within the established FEMS IV milestones and to prevent a further bridge contract.

A follow-on contract for the services performed under FEMS was originally scheduled for award in the summer of 2021 which would have allowed for a smooth transition prior to the FEMS III contract expiration of September 30, 2021. However, the protest of solicitation FA2521-21-R-0005 posted on February 16, 2021, resulted in an acquisition strategy change and in turn, added additional time to the FEMS IV acquisition milestones. The new solicitation is scheduled for posting in March 2022.

The current contractor for FEMS III is Centerra Group, LLC. The contract utilizes Firm-Fixed Price and Cost Reimbursement contract line items. All contract options, including the option to extend services have been exercised. The contract was originally awarded on May 12, 2016 with a $55M total contract value and included five one-year option periods with an additional six-month option in accordance with (IAW) FAR 52.217-8, Option to Extend Services. Subsequent contract modifications resulted in a current value of $58.5M. The contract is currently utilizing the six-month option to extend services which will end on March 31, 2022. The total requirements approval document (RAD) was approved at . An amended RAD has been approved at in accordance with AFI 63-138, paragraph 3.4.2.

On February 8, 2022, a synopsis for a 12-month extension with three one-month options of the FEMS III contract, FA2521-16- C-0004, was posted to SAM.gov to seek other potential sources that could provide the FEMS requirements. No response was received from industry indicating they would be able to fulfill this requirements; Centerra Group, LLC, also failed to respond.

The scope of the proposed bridge action effort includes tasks associated with Fire Protection, Emergency Management and Emergency Medical Services for SLD 45, Cape Canaveral Space Force Station (CCSFS), FL. This non-competitive action to extend services is a result of the pre-award protest encountered on the solicitation of the follow-on contract. Due to the critical nature of this requirement and the need for uninterrupted service, it is in the government's best interest to award a sole source extension of the current contract to Centerra Group, LLC.

III. Description of supplies/services required to meet agency needs (including the estimated value).

The preponderance of the FEMS contract involves essential elements of operations support for CCSFS and the SLD 45 mission. These services are considered highly specialized. The current contract value is , which includes the six month-extension. The initial requirements approval document (RAD) was approved at . An amended RAD has been approved at in accordance with AFI 63-138, paragraph 3.4.2.

The Request for Proposal and accompanying Performance Work Statement (PWS) will describe the work as follows:

1. Provide 24/7 fire protection, emergency management and emergency medical services.

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2. Provide support to the space launch and range operations community of interest to develop shared vocabularies and participate in a shared information space. Provide expertise in subject domains and support for modeling types and sources of data within contractor purview.

3. Conduct an in-depth fire prevention and education program. Conduct an expanded public education and seasonal fire prevention campaign program emphasizing fire prevention during National Fire Prevention Week at CCSFS tailored to the CCSFS mission.

4. Responsible for inspecting, maintenance, servicing, testing, and replacement of all fire extinguishers on CCSFS.

Provide fire extinguisher training annually.

5. Conduct at least an annual facility fire prevention on all facilities.

6. Inspect commercial kitchen hood and duct systems.

7. Perform fire protection design reviews.

8. Develop pre-incident action plans for all potential high fire, life-risk facilities, hazardous operations, and assigned/ transient aircraft.

9. Respond to all reported incidents and accidents on CCSFS for reported fires, fire trouble alarms, in-flight aircraft emergencies, aircraft crashes/accidents, hazardous material incidents, technical/high angle, confined space rescue and emergency medical emergencies. Support all pre-launch, launches, post launch activities and attend all meetings.

10. Develop aircraft pre-incident plans for aircrafts that land at CCSFS runway. Respond to all aircraft in-flight and ground emergencies, once on scene take immediate actions to mitigate the situation. Responsible for securing the scene, establishing emergency egress, rendering medical aid and fire suppression.

11. Respond to all on-base hazardous material (HAZMAT), confined space, high angle/technical rescue incidents.

12. Provide advanced life support (ALS) response to CCSFS. EMS capability provided 24/7, to include transportation to appropriate area hospitals. Provide stand-by medical support to 45 CES Explosive Ordinance Disposal (EOD).

13. Provide all emergency medical supplies, equipment and medications.

14. Participate in all Emergency Management Exercises, Force Protection Condition exercise, Contracting Functional Are Reviews (CFARs) and all Higher Headquarters-mandated inspections.

15. Implement Emergency Management (EM) to prepare for, prevent, respond to, recover from, and mitigate threats to the SLD 45 missions at CCSFS. The primary mission of the EM program is to save lives, minimize the loss or degradation of resources and continue, sustain, and restore operational capability in all-hazards physical threat environment at CCSFS as well as support applicable SLD 45 mutual aid agreement responsibilities.

16. Respond and participate during all CCSFS launches, major accidents, natural disasters, hazardous material incidents, or other unforeseen contingencies.

IV. Statutory authority permitting other than full and open competition.

The Statutory authority for this action is Contracting by Other than Full and Open Competition, 10 U.S.C.2304(c)(1), as implemented by FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency

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u) Review project design and projects, make comments in accordance with (IAW) applicable directives to include Engineering Technical Letters (ETL) and Unified Facilities Criteria (UFC), ensuring all life safety and fire protection features are identified

v) Investigate fires

w) Witness and accept testing of fire alarm and fire suppression systems

x) Maintain a Fire Safety Deficiency (FSD) Program and Risk Assessment Code (RAC)

y) Program and maintain the FSD's and RAC's identified through a comprehensive fire prevention program meeting the requirements of AFI 32-2001.

Technical Aspects: The contractor shall perform all firefighting duties and tasks IAW but not limited to the following:

Department of Defense Instruction (DoDI) 6055.06, Air Force Instructions (AFI) 32-2001, AF Concept of Operations (CONOPS) for Fire Prevention & Consequence Management and the National Fire Protection Association (NFPA) standards, AF and United States Space Force (USSF) directives, instructions, regulations, supplements, and Engineering Technical Letters (ETL) and Unified Facilities Criteria (UFC). Contractor shall comply with the USSF self-inspection program and Fire Emergency Services Self-Assessment Program (FESAP). Contractor shall be an active participant, comply with all mutual aid agreements, and follow the mutual aid matrix for responses.

The FEMS requirement is strictly regulated by DoDIs and AFIs and the Contracting Officer has determined that it is a fully compliance-based effort. Deviation from DoDIs and/or AFIs is not acceptable nor permitted. Any deviation from the above-mentioned instructions could result in DoD and/or AF safety standards not being followed, which could result in injury or loss of life. The FEMS requirement consists of three essential functions: Fire Protection, Emergency Management Services and Emergency Medical Services. All three functions are regulated by DoD and AF compliance documents. 2. The specialized services by Centerra Group, LLC include support to SLD 45, NASA, Space and Missile System, commercial launch customers, Air Force Research Laboratories, Navy Research Laboratories, Naval Ordinance Test Unit and other tenant agencies. These services ensure 24/7 fire protection, emergency management and emergency medical services.

Centerra Group, LLC is the only responsible source that can provide the required specialized services due to the nature of the training within the current schedule without a break in service leading to mission failure. Award of a sole source contract extension to Centerra Group will ensure uninterrupted mission support until the FEMS IV contract is competitively awarded and avoid a break in service.

The FEMS IV contract awardee cannot begin performance until FEMS IV has been awarded, which is not expected to occur until September 1, 2022. FEMS IV is scheduled for a solicitation release date of March 25, 2022 with proposals due on May 5, 2022. Phase-in is scheduled for February 1, 2023 with performance start date of April 1, 2023.

The FEMS IV contract specifies a 60 day transition in order to complete hiring, inventory property, obtain CCSFS badging, security clearances, make contact with all tenant organization EM Unit Coordinators and set up accounting systems. The 60 day transition cost $ for FEMS III and at 3% inflation per year the cost would be in 2022. Therefore, doing a bridge contract and awarding to Centerra Group, LLC is saving the Government in contract transition costs and is in the Government's best interest. Given the complexity of the SOW, no other company is capable of completing the necessary transition requirements within less than 60 days. As such, the earliest any other capable source could start full performance, namely the FEMS IV awardee, would be on April 1, 2023.

Data shows that award to any other source would cause unacceptable delays in fulfilling the USAF/USSF requirements.

Completion of a competitive short-term interim contract cannot be completed by the time the current contract expires on March 31, 2022. Inability to increase the contract term would result in critical mission impacts. In particular, it would cause the following impacts:

i. Inability to provide FEMS at CCSFS. Without FEMS the government could not safely support the SLD 45 mission, safely support rocket launches and multiple tenant units. CCSFS operations may result in extensive damage to government property because of the lack of enough trained, qualified and familiar personnel. Additionally, without the highly specialized workforce, the government would violate federal requirements.

ii. Inability to hire specialized/skilled labor to support FEMS. The process of obtaining CCSFS badging and security clearances for new employees can require significant time which is not feasible during a short term bridge contract.

SLD 45 does not have the in-house capability to support launches and relies heavily on contractor support to critical

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iii. Launch operations would be delayed until the highly specialized, skilled workforce is available and trained.

Accordingly, the incumbent contractor, Centerra Group, LLC, is the only company capable of providing the supplies and services described in Section III above without creating unreasonable delays to the fulfilling range requirements. Loss of launch capabilities and 24/7 emergency services would be detrimental to the missions of USSF, SLD 45, NASA, Space and Missile System, commercial launch customers, Air Force Research Laboratories, Navy Research Laboratories, Naval Ordinance Test Unit and other tenant agencies.

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under

FAR 5.202 applies.

On February 8, 2022, in accordance with FAR 5.201, a synopsis for a 12-month extension with three one-month options of the FEMS III contract, FA2521-16-C-0004, was posted to SAM.gov to seek other potential sources that could provide the FEMS requirements. No response was received from industry indicating they would be able to fulfill this requirements.

VII. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The government has determined that Fire Protection, Emergency Management & Emergency Medical Services contract requirements are not commercial in IAW FAR 2.101. Commercial services are, “Services of a type offered and sold competitively in substantial quantities in the commercial marketplace based on established catalog or market prices for specific tasks performed or specific outcomes to be achieved and under standard commercial terms and conditions”. This requirement does not meet the definition of a commercial service. There are no known commercially available support contractors that meet the Federal Acquisition Streamlining Act (FASA) definition to use “the same work force” for providing the federal government with such services as that used for providing them to the general public. Further analysis of NAICS 92 indicates firefighting is delegated to the Public Administration Sector consisting of federal, state and local government agencies. Additionally, the government agencies administer and oversee government firefighting activities that are not performed by private/commercial establishments, which supports DFARS 237.102-70; firefighting requirements are inherently Governmental at military installations, as identified in Section D above. Furthermore, this requirement is DoDI compliance driven, which exceeds state and local government firefighting agencies. IAW FAR 10.002(b)(2)(c), the FEMS requirement was re-evaluated and it was determined that the requirement could not be restated to allow for commercial services. As a result of the market analysis, it was determined that the services required are not commercial services.

Therefore, no customary commercial terms, provisions, or conditions apply. No standard or catalog prices are available to determine a fair market price. The determination that this requirement is not commercial is based on the facts obtained from the market research, along with past FEMS program experiences.

This is a request for continuation of the existing contract; the Contracting Officer will determine fair and reasonable cost/ price in accordance with FAR 15.4. The Cost/price analysis will be based on historical costs incurred, certified cost and pricing data, the independent government cost estimate, technical evaluations, and audit support from the Defense Contract Audit Agency, as appropriate.

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VIII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

See Section VI above.

IX. Any other facts supporting the use of Other Than Full and Open Competition.

The mission of SLD 45 is unique and this services acquisition requires unique skills. Without this bridge contract and the highly-skilled labor force of the existing contractor, the Government and the SLD 45 mission would be gravely harmed.

X. List of any sources that expressed, in writing, an interest in the acquisition.

On February 8, 2022, in accordance with FAR 5.201, a synopsis for a 12-month extension with three one-month options of the FEMS III contract, FA2521-16-C-0004, was posted to SAM.gov to seek other potential sources that could provide the FEMS requirements. No response was received from the incumbent or industry indicating they would be able to fulfill this requirements.

XI. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before making subsequent acquisitions for the supplies or services required.

A competitive acquisition is currently underway via solicitation FA252122R0001; as a result of market research, multiple proposals are anticipated to be received.

XII. Certification by the Contracting Officer.

As evidenced by my signature above, I have determined this document to be both accurate and complete to the best of my knowledge and belief.

XIII. Certification by the technical/requirements personnel.

As evidenced by my (our) signature(s) above, I (we) certify that any supporting data contained herein, which is my (our) responsibility, is both accurate and complete.