LSJ Ajudicated Legal and AFC comments - SAMD 17Jan2025 (CAFC Signed) redacted.pdf

CUI//SP-PROCURE//FED ONLY

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Reviews

I have reviewed this justification and find it adequate to support other than full and open competition.

Legal Counsel:

Typed Name: DSN:

Signature: Date:

The anticipated award date for the new task order being competed is 10 June 2025.

However, in an effort to allow for the follow-on requirement to be completed under the EXPRESS BPA competitive process and to allow for unforeseen delays with the award which includes possible protests and litigation, along with the history of this TO, the execution of the modification to extend the PoP ensures critical resources required by SAMD are met.

Current milestones for the re-compete include RFP release date – 3 December 2024, Solicitation Closing Date –13 January 2025; Evaluation of proposals start 16 January 2025; and Award signed 10 June 2025.

The current SAMD EXPRESS Logistics Domain Contract, GS10F0310P Task Order W31P4Q-19-F-E003, was awarded competitively on 11 July 2019 with an ending PoP of 21 July 2024. To date one six-month option exercise has been implemented extending the task out until 20 January 2025. The follow-on Contract Requirements Package (CRP) was submitted to the ACC-RSA in FY 2024 as Procurement Number 2024L-02.

3. Description of Supplies/Services: This TO is to provide Logistics Support Services, both CONUS and OCONUS, to SAMD and our foreign customers. The SAMD’s mission is to provide aviation and missile weapon system support to our allies. The SAMD has a requirement for logistics support to meet contractual obligations for the procurement, delivery and sustainment of AMCOM systems entered via the Security Assistance/FMS process between the USG and numerous foreign governments. The objective of this TO is to provide support for implementation and sustainment of current program actions and future programs. The contractor is providing on-site and off-site logistics support to SAMD for approved FMS development/assessment; program management, plans and integration; strategic planning analysis; international and security assistance program support and operations research and system analysis.

The original TO was awarded for a NTE ceiling of . The FAR 52.217-8, Option to Extend Services was invoked, and the Period of Performance of the contract was extended from 21 July 2024 to 20 January 2025.

Authority Cited: Title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251, et Seq) and Title 40 U.S.C 501, Services for Executive Agencies, as implemented by FAR 8.405-6(a)(1)(i)(C). In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule (FSS) order provided that the original order was placed in accordance with applicable Federal Supply Schedule ordering procedures.

Reason for Authority Cited: This justification supports the authority cited above in that the extension of the PoP is a logical follow-on to an existing FSS order which was placed in accordance with the applicable FSS ordering procedures. This contract PoP extension is critical for continuance in meeting our allies’ defense needs and ongoing

Without the contract PoP extension, the SAMD mission will be negatively impacted due to shortage of logistics support that accomplishes vital support tasks and will place the USG in violation of multitude of international agreements. If a lapse of service is experienced, it will force the immediate withdrawal of OCONUS contractor personnel from critical missions and impact CONUS contract programmatic services to multiple countries/missions damaging current foreign relations and programs operating under this TO. Due to the short-term performance requirements, many additional costs beyond those associated with labor would be considered: duplicative costs that would not be recovered due to the short time frame for performance;

administrative cost associated with transferring the services to another contractor; and the time necessary to train and familiarize new personnel with processes and policies associated with performing the required tasks. In this case, the transition costs are likely to be higher as resourcing a contract for short term results in many additional costs beyond those associated with labor would need to be factored in (i.e.

administrative processing, training of new employees, loss of expertise, personnel relocation, OCONUS issues including travel/housing/visas, etc.) In addition, a new contractor would need to establish temporary infrastructure which would be a cost in addition to the resource transition cost. ELEIT’s experience in executing the requirements detailed in the current SAMD Logistics Performance Work Statement (PWS) is unique and they currently provide highly specialized logistics support to these foreign countries and programs. ELEIT has the required personnel in place, and they possess the applicable working knowledge of Security Assistance/Security Cooperation rules, regulations, processes and procedures associated with FMS. The impact to foreign allies in mitigating and recovering from a break in service would result in costly delays and the inability to provide support to FMS customers. The use of in-house personnel/expertise is not an option, there are simply not enough qualified USG personnel to perform the services delineated in the SAMD Logistics PWS.

Duplicative costs and transition costs would be in the form of labor and travel as outlined in the Independent Government Cost Estimate (IGCE). The most costly expense would be to our Egyptian partners who are being supported by two contractors in-country on long-term-TDY. Six months of labor, travel, lodging, rental vehicle and miscellaneous for the two contractors would result in a total of

. These costs are based on historical costs on the current TO. By awarding this extension this duplicative costs would lift this potential monetary burden to Egypt.

The relationship between the initial order and the follow on is logical in terms of scope as the extension is the same as the current work being performed under this TO.

6. Efforts to Obtain Competition:

a. Effective Competition: CRP documentation for the competitive follow-on was submitted to and accepted by ACC-RSA on 1 October 2024. Based on the above-mentioned facts, it is not feasible to utilize another source for this PoP extension since only ELEIT personnel have the immediate in-depth knowledge and experience necessary to meet the TO requirements in the time available. There are no efforts to obtain competition for this extension at the current time. A Request for Information (RFI) is scheduled to be published on 15 October 2024. In accordance with FAR 8.404(a), this action is exempt from pre-award synopsis requirements.

b. The notices required by FAR 5.201 shall be or have been published, and that any bids or proposals received shall be considered.

c. Subcontracting Competition. Since the Subcontracting plan is already prevalent on the BPA it is not required at the TO level. All contract clauses currently contained in the BPA will be effective during the extended PoP.

rocurement History: The previous EXPRESS Logistics Domain contract W31P4Q-15-A-0032 TO 0001 was competitively awarded using a Small Business Set-Aside on 5 May 2015, for five (5) years through 3 May 2020 to DigiFlight, Inc.

CAGE Code 1S6C9, with a total ceiling of .

When utilizing the authority at FAR 6.302-1, the contracting officer shall post a request for information or a sources sought notice, and shall include the results of this inquiry in the justification required by FAR 6.303 and PGI 206.302-1.

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10. Technical & 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.

Signature: Date: 17 Oct 2024 Typed Name: Title: Chief

Business Management Division

11. Fair and Reasonable Cost Determination:

I hereby determine that the modification represents the best value to the Government in accordance with FAR 8.405-6(c)(2)(v). Additionally, I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable. Determination of fair and reasonable costs or price will be based on the GSA negotiated rates established under the basic contract awarded as a result of a Small Business Set-aside Competition. Certified cost or pricing data will not be required based on the exception set forth in FAR 8.404(d).

Signature: Date:

Typed Name: Title: Contracting Officer

12. Contracting Officer Certification:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Signature: Date:

Typed Name: Title: Contracting Officer

CUI/SP-PROCURE//FED ONLY

Approval

Based on the foregoing justification, I approve the extension of this contract from 21 January 2025 to 20 January 2026 for the Security Assistance Management Directorate (SAMD) Logistics Support on other than full and open competition under Title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251, et Seq.) and Title 40 U.S.C 501, Services for Executive Agencies, as implemented by Federal Acquisition Regulation (FAR) 8.405-6(a)(1)(i)(C); this is subject to availability of funds and provided that the services and property herein described have otherwise been authorized for acquisition.

Date:

Command Advocate for Competition