LOSC JA Bridge REDACTED 20221129.pdf
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- Notice of Intent - Sole Source Extension
- Solicitation number
- FA4610-18-C-0005JA
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Justification and Approval (J&A) for Other Than Full and Open Competition
CONTROLLED UNCLASSIFIED INFORMATION
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Was a J&A approved for the preceding acquisition where that acquisition required a J&A? Yes No
Is this a new or amended J&A Document? New Amended ( Prior to Award Only! )
Is this a Bridge Action as defined at AFFARS 5302.101? Yes No
Dollar Value of this Acquisition: < $750K > $750K and < $15M > $15M and < $100M > $100M
Contracting Activity: 30th Contracting Squadron, Range & Launch Support Flight (30 CONS/PKD)
Purchase Request (if available) / Local ID Number: TBD
Program / Project (and PE, if applicable): Launch Operations Support Contract (LOSC) FA4610-18-C-0005
Program Type (PEO, Enterprise, of Operational): Operational
Authority:
6.302-1 – 10 USC 3204(a)(1), Only One Responsible Source - No Other Supplies or Services Will Satisfy Agency Requirements
Estimated Contract Cost (including options): $ J&A Type: Class Individual
COORDINATION ( AFFARS 5306.304(a) )
Date
17 Nov 2022
Date
17 Nov 2022
Date
17 Nov 2022
Date
18 Nov 2022
APPROVAL ( AFFARS 5306.304(a) )
Date
29 Nov 2022
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I. Agency and Contracting Activity.
30th Contracting Squadron Range and Launch Support Flight, 30 CONS/PKD 1515 Iceland Avenue, Bldg 8500, Room 150 Vandenberg Space Force Base, (VSFB) CA 93437-5212
II. Nature and/or description of the action being approved.
A. This justification and approval is for a modification to an existing contract FA4610-18-C-0005, Launch Operations Support Contract (LOSC), to extend the Period of Performance through a Bridge Action. The anticipated total available Period of Performance is from 01 Jan 2023 to 31 Dec 2023.
Base: 01 Jan 2023 - 31 Mar 2023 Option 1: 01 Apr 2023 - 30 Jun 2023 Option 2: 01 Jul 2023 - 30 Sep 2023 Option 3: 01 Oct 2023 - 31 Dec 2023
This bridge action modification is to extend the existing contract with Call Henry, Inc, to avoid a gap in service, until the 30th CONS can award the follow-on contract. This contract extension will permit the continuation of mission critical services, and avoid a lapse in service caused by a delay in awarding a subsequent contract. The current contract is scheduled to expire on 31 Dec 2022. While the projected award date for the follow-on is 31 Mar 2023, the period of performance covered by this justification extends to 31 Dec 2023 to ensure coverage in the event that there is a protest or other delays for awarding the follow-on effort. This additional period of performance allows reasonable time for any transition activities, as well as the award of the new contract.
Reference FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services will Satisfy Agency Requirements.
B. Background: Currently, Launch Operations Support Contract (LOSC) provides mission support for the Launch and Test Range System (LTRS), buildings, infrastructure, and Real Property (RP) in support of Western Range operations. The goal is to ensure the high performance confidence levels required for Range support of equipment and facilities is maintained for a variety of ballistic missile, space, guided weapon, and aircraft test and evaluation missions in support of Air Force, Navy, Army, National Reconnaissance Office, Missile Defense Agency, Federal Aviation Administration, Department of Energy, Defense Advanced Research Projects, National Aeronautics & Space Administration, and a variety of commercial, allied nations, and governmental agencies. These requirements are being accomplished on the Launch Operations Support Contract (LOSC), Contract # FA4610-18-C-0005. This is a hybrid contract consisting of the following CLIN types: Fixed Price Incentive Firm (FPIF) for Maintenance & Repair, Cost Plus Fixed Fee (CPFF) for Task Assignments and Cost Reimbursement (Cost) for Materials/Equipment and Travel. There is a competitive acquisition currently in progress through 30 CONS to award a 6.5 year LOSC follow-on hybrid contract which changes the FPIF CLINs to FFP CLINs, and the other CLIN types will remain the same.
New Solicitation Number is FA4610-22-R-0001. The solicitation was issued on 09 Dec 2021. The anticipated award date is 31 March 2023.
The scope of the proposed bridge action effort includes tasks associated with providing Launch Operations Support Services for SLD 30, Vandenberg Space Force Base (VSFB), CA. This non-competitive action to extend services is a result of delays encountered in the award of the follow-on contract. Due to several unpredictable factors, the award date is now estimated to be 31 Mar 2023. Key factors contributing to these delays were: SSEB members were not able to commit full time to the source selection due to manning shortages or other duties; lengthy Technical Factor evaluations; internal reviews by Flight Chief, policy and legal; and requiring rework of documentation in the initial evaluation phase (Jan 22 - Jun 22). 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 Call Henry, Inc.
In Accordance With (IAW) Air Force Instruction (AFI) 63-138, paragraph, 3.4.2, an amended Requirement Approval
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Document (RAD) was approved by Col Robert A Long, USSF SSC SLD 30 Commander on 16 August 2022 and is included in the official contract file.
III. Description of supplies/services required to meet agency needs.
A. The Request for Proposal (RFP) and accompanying Performance Work Statement (PWS) will describe the work as follows:
The current contract, FA4610-18-C-0005, requires Call Henry, Inc. (small business contractor) to provide mission support for the Launch and Test Range System (LTRS), buildings, infrastructure, and Real Property (RP) in support of Western Range operations. The goal is to ensure the high performance confidence levels required for Range support of equipment and facilities is maintained for a variety of ballistic missile, space, guided weapon, and aircraft test and evaluation missions in support of Air Force, Navy, Army, National Reconnaissance Office, Missile Defense Agency, Federal Aviation Administration, Department of Energy, Defense Advanced Research Projects, National Aeronautics & Space Administration, and a variety of commercial, allied nations, and governmental agencies.
Provide maintenance, modification, and modernization for aging facilities, property, and Western Range support equipment to ensure successful performance during tests, operations, and launch. It is the role of LOSC to have the experience, resources, and agility to support SLD 30's key role in assuring access to space.
B. The anticipated modification to extend the period of performance will remain as a Hybrid Contract; Fixed Price Incentive Firm (FPIF) for Maintenance & Repair, Cost Plus Fixed Fee (CPFF) for Task Orders and Cost Reimbursement (Cost) for Materials/Equipment and Travel. The estimated cost of these services is $xxxxxxx to include task assignments.
Base Period 01 Jan 23 - 31 Mar 23 7001 FPI Range Support Services, M&R, FY23 POP: 01 Jan 23 – 31 Mar 23 3 Months 7002 FPI MDA M&R, FY23 POP: 01 Jan 23 – 31 Mar 23 3 Months 7003 FPI NRO M&R, FY23 POP: 01 Jan 23 – 31 Mar 23 3 Months 7004 FPI Launch Group M&R, FY23 POP: 01 Jan 23 – 31 Mar 23 3 Months 7005 CPFF Launch Support/Task Assignments FY23 POP: 01 Jan 23 – 31 Mar 23 3 Months 7007 CPFF Other Services/Task Assignments, FY23 POP: 01 Jan 23 – 31 Mar 23 3 Months 7008 COST Reimbursables, FY23. Est COST, No Fee POP: 01 Jan 23 – 31 Mar 23 1 Lot
Option 1 01 Apr 23 - 30 Jun 23 8001 FPI Range Support Services, M&R, FY23 POP: 01 Apr 23 to 30 Jun 23 3 Months 8002 FPI MDA M&R, FY23 POP: 01 Apr 23 to 30 Jun 23 3 Months 8003 FPI NRO M&R, FY23 POP: 01 Apr 23 to 30 Jun 23 3 Months 8004 FPI Launch Group M&R, FY23 POP: 01 Apr 23 to 30 Jun 23 3 Months 8005 CPFF Launch Support/Task Assignments FY23 POP: 01 Apr 23 to 30 Jun 23 3 Months 8007 CPFF Other Services/Task Assignments, FY23 POP: 01 Apr 23 to 30 Jun 23 3 Months
8008 COST Reimbursables, FY23. Est COST, No Fee POP: 01 Apr 23 to 30 Jun 23 1 Lot
Option 2 01 Jul 23 - 30 Sep 23 9001 FPI Range Support Services, M&R, FY23 POP: 01 Jul 23 to 30 Sep 23 3 Months 9002 FPI MDA M&R, FY23 POP: 01 Jul 23 to 30 Sep 23 3 Months 9003 FPI NRO M&R, FY23 POP: 01 Jul 23 to 30 Sep 23 3 Months 9004 FPI Launch Group M&R, FY23 POP: 01 Jul 23 to 30 Sep 23 3 Months 9005 CPFF Launch Support/Task Assignments FY23 POP: 01 Jul 23 to 30 Sep 23 3 Months 9007 CPFF Other Services/Task Assignments, FY23 POP: 01 Jul 23 to 30 Sep 23 3 Months 9008 COST Reimbursables, FY23. Est COST, No Fee POP: 01 Jul 23 to 30 Sep 23 1 Lot
Option 3 01 Oct 23 - 31 Dec 23 1101 FPI Range Support Services, M&R, FY23 POP: 01 Oct 23 to 31 Dec 23 3 Months 1102 FPI MDA M&R, FY23 POP: 01 Oct 23 to 31 Dec 23 3 Months
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1103 FPI NRO M&R, FY23 POP: 01 Oct 23 to 31 Dec 23 3 Months 1104 FPI Launch Group M&R, FY23 POP: 01 Oct 23 to 31 Dec 23 3 Months 1105 CPFF Launch Support/Task Assignments FY23 POP: 01 Oct 23 to 31 Dec 23 3 Months 1107 CPFF Other Services/Task Assignments, FY23 POP: 01 Oct 23 to 31 Dec 23 3 Months 1108 COST Reimbursables, FY23. Est COST, No Fee POP: 01 Oct 23 to 31 Dec 23 1 Lot
C. Funding for these CLINs is 3410 appropriations.
D. Call Henry, Inc. is classified as a small business under NAICS 561210.
E. The CLIN structure will NOT include separately-priced CLINs for Intellectual Property (IP) and IP Rights.
IV. Demonstration that the contractor's unique qualifications or the nature of the acquisition requires use of the authority cited above.
A. Recent market research supports that there are limited sources that are available and qualified and they are currently competing for the work (see RFP FA4610-22-R-0001). The current SLD 30 LOSC Contractor, Call Henry, Inc. is the only responsible source that can provide the required services within the current schedule and budget constraints. These requirements are currently being accomplished on the Launch Operations Support Contract (LOSC), Contract #FA4610-18-C-0005, which was competitively awarded on 24 November 2017 and expires on 31 December 2022.
Call Henry, Inc. has demonstrated their unique qualifications; they possess the knowledge and experience in the established processes and procedures necessary to accomplish the SLD 30 requirements that they perform on the LOSC contract. Award of a sole source modification to extend the current period of performance to Call Henry, Inc.
will ensure uninterrupted mission support, and avoid a beak in services, until the current LOSC acquisition is competitively awarded. This extension of the current contract will be a bridge action to allow continuity of services to provide mission support for the Launch and Test Range System (LTRS), buildings, infrastructure, and Real Property (RP) in support of Western Range operations. The goal is to ensure the high performance confidence levels required for Range support of equipment and facilities is maintained for a variety of ballistic missile, space, guided weapon, and aircraft test and evaluation missions in support of Air Force, Navy, Army, National Reconnaissance Office, Missile Defense Agency, Federal Aviation Administration, Department of Energy, Defense Advanced Research Projects, National Aeronautics & Space Administration, and a variety of commercial, allied nations, and governmental agencies.
B. The 30 CONS Contracting Officer and the SLD 30 Program Manager have determined that award to any other source would result in unacceptable delays in fulfilling the agency's requirements. Awarding an interim competitive action in lieu of this J&A action would result in multiple transitions, and the time required to become proficient at performing the services would have a detrimental impact on the mission at VSFB. Transition from the current contractor to a new contractor would require a 30-day phase-in period, at minimum. Since the reacquisition of this requirement is already in process, beginning another competitive acquisition would be a duplication of work for 30 CONS. Award to any other source is not a realistic option, due to the highly specialized services and unique requirements of LOSC. Awarding to another offeror will result in unacceptable delays in performance of the LOSC requirements resulting in mission failures. Some of the highly specialized services include providing operations, emergency corrective actions, and/or standby support during pre-launch, launch and post-launch operations. The 24/7 monitoring of Supervisory Control and Data Acquisition (SCADA) and Direct Digital Control (DDC) systems for customer MDA requires specialized skills and training. Pressure Vessel inspection requires a Level II Inspector or above, qualified and certified in accordance with the American Society of Non-Destructive Testing, Non-Destructive Testing Recommended Practice, SNT-TC-1A, or under an American Petroleum Institute 510 certification.
Additionally, performing and sustaining operations for a stand-alone power plant is a unique service outside of commercial utility companies. There is insufficient lead time to solicit proposals, conduct a FAR 15 source selection, obtain clearances, and award a contract in a timely manner. Therefore, the procurement process in itself causes unacceptable delays. By the time the acquisition processes are accomplished, the new follow-on contract would be in place. Executing a contract modification to extend the period of performance through a bridge action is the most advantageous to the Government at this time.
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C. The resulting bridge contract action is an extension of the current contract, and will contain options. By dividing the potentially year-long follow-on contract into separate option periods, provides flexibility to extend only for the periods actually needed for completion of the competitive acquisition.
D. Therefore, this justification will result in a follow-on modification to the current contract for the continued provision of highly specialized services.
V. 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.
A. A Notice of Proposed Contract Action (NOCA) / Notice of Intent to issue a sole source contract extension in accordance with FAR 6.302-1 was synopsized on www.sam.gov on 22 August 2022 for 30 days (IAW FAR 5.203(a)).
The Notice ID is FA4610-18-C-0005EXT. The notice informed industry that the Government is contemplating awarding a sole source contract extension to Call Henry, Inc. until the award of the follow-on contract. There were no responses from industry expressing interest, except the incumbent Call Henry, Inc.
A Sources Sought Notice was published on SAM.gov on 1 November 2022, closing on 7 November 2022, IAW DFARS PGI 206.303-2(b)(i).
The justification will be posted IAW FAR 6.305, "Availability of Justification".
VI. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.
Since 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 government will issue a Request for Proposal and will evaluate the resulting proposal for fair and reasonable cost/price. In accordance with FAR 15.403-4, the contractor will be required to provide certified cost and pricing data. The Contracting Officer will make a determination as to cost/price fair and reasonableness based on, but not limited to, the following: Program Office technical evaluations, established costs for prior/current service contracts, Independent Government Cost Estimate (IGCE), historical costs incurred, and certified costs and pricing data.
Based upon (1) certified cost or pricing data provided in the offeror's proposal, and (2) the program office's technical analysis of the offeror's Basis of Estimates (BOE), the contracting officer expects they will be able to determine that the anticipated cost to the Government will be fair and reasonable. Additionally, the Defense Contract Management Agency (or, with assistance from DCAA), will have access to review cost and pricing information.
The anticipated bridge action modification will utilize the same Performance Work Statement (PWS) and adhere to all terms and conditions found in the existing contract.
VII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.
Market research was not conducted specifically for this extension beyond the Sources Sought posting IAW DFARS PGI 206.303-2(b)(i) and the Notice of Intent to Award a Sole Source contract action published to www.sam.gov on 22 August 2022. The Notice of Intent announcement closed on 22 September 2022. The Source Sought Notice was published on SAM.gov on 1 November 2022, closing on 7 November 2022. In response to the Notice of Intent, the only source that expressed an interest in this contract action was the current contractor, Call Henry. In response to the Sources Sought notice, 30 CONS received Capability Statements from three interested companies. One company was found to be not capable because they stated "they do not provide a service but do provide duct cleaning products"; one was the current contractor, Call Henry; and the other company is a source that responded to the follow-on solicitation and is capable but did not specifically state an interest in the bridge contract. The CO responded back to the latter company acknowledging their proposal was still under review for the follow-on effort.
Market research was conducted for the re-compete effort currently in source selection. The market revealed multiple
11 Jul 2022 CONTROLLED UNCLASSIFIED INFORMATION Page 6 of 611 Jul 2022 CONTROLLED UNCLASSIFIED INFORMATION Page 6 of 6 sources were available and multiple sources responded to the solicitation. This validates that there are still available sources in the market; however, all (excluding the incumbent) would be unable to transition immediately and without interruption to services for the time frame required for this bridge action.
VIII. Any other facts supporting the use of Other Than Full and Open Competition.
There are extremely high inherent technical performance, schedule and cost risks that can impede the success of the program by causing unacceptable delays if awarded to a new source in the current environment, which is unacceptable to the government (Ref: FAR 6.302-1(a)(2)(iii)(B). Call Henry, Inc., the incumbent, holds all required certifications and clearances, is familiar with the complexity of the facility and equipment, and is fully capable of continuing to perform in 3-month increments (as needed), not to exceed 1-year interim contract extension. The proposed interim contract extension would ensure continuation of the mission essential services.
IX. List of any sources that expressed, in writing, an interest in the acquisition.
The incumbent, Call Henry, Inc. expressed an interest in this contract action. Two other companies provided capability statements in response to the Sources Sought notice, but are not capable of meeting the timing of this bridge action.
X. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisitions for the supplies or services required.
This justification is for a sole source modification to the current contract as identified in Section II above. A competitive follow-on acquisition is currently underway via solicitation FA4610-22-R-0001; multiple proposals have been received and is currently in source selection. All information regarding offerors is source selection sensitive information. The anticipated award for the follow-on contract is 31 Mar 2023.
XI. Certification by the Contracting Officer.
As evidenced by my signature above, I certify that this justification is accurate and complete to the best of my knowledge and belief.
XII. 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.
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