LSJ DigiFlight W31P4Q-18-A-0035-0001 SCO Signed_Redacted.pdf

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CCAM-

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Controlled by: AMCOM SAMD Controlled by: AMAM-SAB-SS

CUI Category: CTI Limited Dissemination Control: DL only

POC:

JUSTIFICATION REVIEW DOCUMENT

FAR 8.405-6 LIMITED SOURCES JUSTIFICATION

UNDER THE GENERAL SERVICES ADMINISTRATION

FEDERAL SUPPLY PROGRAM

Program/Equipment: The U.S. Army Aviation and Missile Command (AMCOM), Security Assistance Management Directorate (SAMD) � Programmatic Support / Expedited Professional and Engineering Support Services (EXPRESS) Programmatic Domain.

Authority: 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 FSS ordering procedures. The original order or Blanket Purchase Agreement (BPA) was not previously issued under sole-source or limited sources procedures.

Amount: $43,832,433.48

Prepared by:

Typed Name: DSN:

Title: Date: _______ E-mail:

Contracting Officer:

Typed Name: DSN:

Title: Date: _______ E-mail:

Technical & Requirements Representative:

Typed Name: DSN:

Title: Date: ________ Email:

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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: _________

Command Advocate for Competition:

Typed Nam DSN:

Signature: Date: _________

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Limited Source Justification

Contracting Activity: Department of the Army, Army Contracting Command- Redstone Arsenal (ACC-RSA), CCAM-MLP, Redstone Arsenal, AL 35898-5000.

Description of Action: The U.S. Army Aviation and Missile Command (AMCOM), Security Assistance Management Directorate (SAMD) requests approval to award a contract modification, non-competitively, to DigiFlight, Incorporated (further referred to as DigiFlight), 8825 Stanford Boulevard Suite 100, Columbia, MD 21045-4756, Commercial and Government Entity (CAGE) Code: 1S6C9, Federal Supply Schedule (FSS) GS-00F-195GA, under the Expedited Professional Engineering Support Services (EXPRESS) Program Blanket Purchase Agreement (BPA) W31P4Q-18-A-0035 Task Order (TO) 0001 resulting from Procurement Number 2015P-06 as a Time and Materials contract. Pursuant to AFARS 5117.204(e), the head of the contracting activity (HCA) approves the use of contract terms in excess of the limitations specified in FAR 17.204(e), which states that contracts for services shall not exceed 5 years. Pursuant to ACC-RSA Acquisition Instruction � Annex A, the HCA has delegated this function to the ACC-RSA Senior Contracting Official (SCO). DFARS 217.204(e)(i)(B) provides that the ordering period of a task order contract may be subsequently extended for one or more successive periods in accordance with a modification of the contract. SAMD requests approval to issue a new contract modification to increase the period of performance (PoP) of contract W31P4Q-18-A-0035 0001 from 09 May 2024 � November 2025, pursuant to DFARS 217.204(e)(i)(B).This request is also to increase the Not to Exceed (NTE) ceiling by a total of $43,832,433.48 from to . The PoP would allow for one (1) twelve (12) month option (09 May 2024 � 08 May 2025) and one (1) six (6) month option period (09 May 2025 � November 2025). There are currently labor hours remaining on the TO; however, an additional total labor hours are needed to support the new period of performance. The modification of W31P4Q-18-A-0035 TO 0001, Programmatic Support for AMCOM SAMD, will allow continuous support while the follow-on TO is solicited and awarded under the EXPRESS BPA Program. The funding available for this continued effort will be Foreign Military Sales (FMS) monies. A representative list of the FMS country/case/line(s) are as follows:

Currently SAMD has 1,300 cases with 96 countries.

The anticipated award date for the new task order currently being competed is 28 March 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 and increase the ceiling ensures critical resources required by SAMD are met. When this re-compete TO is awarded, there must be an overlap of TOs. SAMD is funded with numerous FMS cases and many of the contractors are funded by multiple countries. This will result in funding approximately eighty (80) contractors with possibly 364 separate Procurement Work Directives (PWDs). The transition from the former TO to the current TO took over two months to complete. Current milestones for the re-compete include: Solicitation Closing Date 1 2024; Evaluation Proposals Start 2024; Select Awardee 2024 and Award Signed 8 2025.

The previous SAMD EXPRESS Programmatic Domain Contract W31P4Q-05-A-0026 TO 0018 (Sigmatech) was awarded on 14 March 2011 with an ending PoP of 11 March 2016. The follow-on Contract Requirement Package (CRP) was submitted to the ACC- RSA in FY 2015 as Procurement Number 2015P-06. Due to numerous protests by the incumbent (Sigmatech), the TO CRP prepared in FY 2015 was not awarded until 23 May 2018. At that time, the incumbent filed another protest and the current contractor, DigiFlight, was not able to begin work on this TO until 18 December 2018 (FY 2019) when litigation was finalized. Thus, the ability to start work on the TO was delayed for over two (2) years and the information contained in the CRP was approximately four (4) years old. No CRP documentation was updated to reflect an increase in dollar value or workload. This created a burden on the TO, as the ceiling did not accurately reflect what was required to cover the time period of 18 December 2018 to 22 November 2023.

A Limited Source Justification (LSJ) was approved to increase the ceiling and add additional hours on 17 February 2023 for a period of six months ( and a ceiling increase of $12,889,214.32 for a total NTE ceiling of (awarded on Modification DL dated 21 February 2023). On 9 November 2023, services were extended for an additional six months to 8 May 2024; IAW FAR 52.217-8, Option to Extend Services and the U.S. Government (USG) may require continued performance of any services within the limits and the rates specified in the TO, through

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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.

5. Reason for Authority Cited: This justification supports the authority cited above in that the extension of the PoP and ceiling increase 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 and ceiling increase is critical for continuance in meeting our allies� defense needs and ongoing FMS programmatic activities. Without the contract PoP extension and ceiling increase, the SAMD mission will be negatively impacted due to shortage of programmatic support that accomplishes vital support tasks and will place the USG in violation of a 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 contractor 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. DigiFlight�s experience in executing the requirements detailed in the current SAMD Programmatic Performance Work Statement (PWS) is unique and they currently provide highly specialized programmatic support to these foreign countries and programs. DigiFlight 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 Programmatic PWS.

6. Efforts to Obtain Competition:

a. Effective Competition: CRP documentation for the competitive follow-on was submitted to, and accepted by ACC-RSA on 29 February 2024. Based on the above-mentioned facts, it is not feasible to utilize another source for this PoP extension and ceiling increase since only DigiFlight 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 ceiling increase and extension at the current

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time. A Request for Information (RFI) was published on 10 April 2024. Seven (7) of the twelve (12) EXPRESS Programmatic Domain Primes provided a response. The recompete will be Full & Open Competition. In accordance with FAR 8.404(a), this action is exempt from pre-award synopsis requirements.

b. 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.

Actions to Increase Competition: The follow-on TO CRP was submitted and accepted by ACC-RSA on 29 February 2024 and will be competitively awarded as Full & Open Competition under the EXPRESS Program to provide programmatic support to SAMD. The ACC-RSA anticipates the follow-on TO to be awarded by 8 Ma 2025. This proposed action will be a PoP extension and ceiling increase modification with the incumbent to allow continued programmatic support to SAMD. In the interest of economy and efficiency, it would be neither cost effective nor realistic to expect another contractor to perform during the brief interim period between now and the end of the current TO and the award of the re-compete.

Market Research: In accordance with FAR 10.002, market research was conducted by the Contracting Officer�s Representative (COR) for W31P4Q-18- A-0035/0001, and additional SAMD CORs. The Contracting Officer signed the Market Research Report/Commerciality Determination (MRR/CD) on 23 April 2024. The SAMD COR�s utilized personal knowledge of the EXPRESS Program and contacted knowledgeable persons in the USG regarding the commercial nature of the requirement and reviewed the EXPRESS BPA Programmatic Domain sources list in February 2024. Also, the current COR for this TO has served as the COR for all of the SAMD EXPRESS Programmatic TOs since 2005. The other two SAMD CORs have served as COR for other SAMD EXPRESS TO Domains. Additionally, one of them served as a Contract Specialist and a Contracting Officer for many years in the EXPRESS Office. The Market Research revealed that a re-compete of this effort in the necessary timeframe was not realistic or feasible. Both program experience and personal knowledge were used to determine that no other source can mobilize in time to meet the requirement within the needed timeframe. FAR Part 12 will not be used in this effort; however, in accordance with FAR Part 8.402(a), GSA provides agencies with a simplified process for obtaining commercial supplies and services and the guidelines and clauses are contained in the EXPRESS BPA.

Other Facts:

Procurement History: The original EXPRESS Programmatic Domain contract W31P4Q-05-A-0026 TO 0006, resulting from 2006P-08, was competitively awarded using a Small Business Set-Aside on 26 October 2005 for five (5) years through 25 October 2010 to Sigmatech, Inc., CAGE Code 69572, with a total ceiling of and labor hours of . BPA modification P00017, dated 22

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June 2010, allowed a revised completion date of 25 April 2011 (extension under authority of Paragraph (45) Award Term Clause).

The following SAMD EXPRESS Programmatic Domain Contract W31P4Q-05-A-0026 TO 0018 resulting from 2010P-16, was competitively awarded using a Small Business Set-Aside on 14 March 2011 for five (5) years through 11 March 2016 to Sigmatech, Inc., CAGE Code 69572 with a total ceiling of and labor hours of

W31P4Q-18-A-0035/0001, resulting from 2015P-06, was competitively awarded using a Small Business Set-Aside on 23 May 2018 for a period of five (5) years, through to 22 May 2023, as a Time & Materials Contract with a NTE ceiling price of .

Due to a protest issued by the incumbent at the time, DigiFlight was not able to begin work on the TO until 18 December 2018.

A Limited Source Justification (LSJ) was approved to increase the ceiling and add additional hours on 17 February 2023 for a period of six months ( and a Not to Exceed (NTE) ceiling increase of $12,889,214.32 for a total ceiling of

). On 9 November 2023, services were extended for an additional six months to 8 May 2024; IAW FAR 52.217-8, Option to Extend Services and the U.S.

Government (USG) may require continued performance of any services within the limits and the rates specified in the TO, through 0007AA valued at . FAR 52.217-8, Option to Extend Services was evaluated at time of award. This increased the current ceiling to .

The current TO is totally funded by FMS monies and numerous contractors on the TO are assigned five (5) to thirteen (13) different country cases, this requires separate PWDs for each country and additional Independent Government Cost Estimates (IGCEs). During the past two years, SAMD has had to created, requested, processed, submitted, and track 728 PWDs and IGCEs. The workload and funding issues associated with the current and follow-on contract has caused multiple delays and hindered the development of the follow-on Contract Requirements Package (CRP).

This LSJ will allow SAMD the resources to continue to support our allies until the recompete TO is awarded.

There are no other facts.

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Approval

Based on the foregoing justification, pursuant to AFARS 5117.204(e) and DFARS 217.204(e)(i)(B), I approve the extension of this contract for services beyond 5 years with a PoP extension from 8 May 2024 to November 2025 and ceiling increase from to for the Security Assistance Management Directorate (SAMD) Programmatic 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:________________ Signature:

Senior Contracting Official Army Contracting Command-Redstone Arsenal