Eustis_JA_2017_42_Redacted.pdf

Control No: MICC 2017-42 Contractor: URS Federal Services Incorporated

Program/Equipment: Rotary Wing Flight Training Instructor Support Services

Version – April 2016 FOR OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

FAR PART 6 JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

Program/Equipment: Rotary Wing Flight Training Instructor Support Services, Fort Rucker, AL

Authority: 10 U.S.C. 2304(c)(2), as implemented by FAR 6.302-2, Unusual and Compelling Urgency.

Amount: $30,365,089

Prepared by:

Name:

Title: Contract Specialist Email:

DSN: 501-8133

Date:

Contracting Officer:

Name: Shaina S. McKeel Title: Contracting Officer Email:

DSN:

Date:

501-8120

Technical:

Name:

Title: Contracting Officer’s Representative Email:

DSN:

Date:

558-2176

Requirements:

Name:

Title: Director of Flight Training, USAACE Email:

DSN:

Date:

558-3804

Program/Equipment: Rotary Wing Flight Training Instructor Support Services

Version – April 2016 FOR OFFICIAL USE ONLY

Dat

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

Program Manager:

Typed Name:

DSN: 558-3804

1071441500

Local Small Business Specialist:

Typed Name:

DSN: 501-8119

Program/Equipment: Rotary Wing Flight Training Instructor Support Services

Version – April 2016 FOR OFFICIAL USE ONLY

Associate Director, Small Business Programs:

Typed Name:

Program/Equipment: Rotary Wing Flight Training Instructor Support Services

Version – April 2016 FOR OFFICIAL USE ONLY

FAR Part 6 Justification and Approval for Other than Full and Open Competition

1. Contracting Activity: MICC – Fort Eustis

2. Description of Action: USAACE requests to extend performance under contract W9124G-15-C-0005 for a base period of three months with three, one-month options with URS Federal Services Incorporated until a Government Accountability Office (GAO) protest is resolved.

A new contract award for this requirement was made on 29 December 2016 and two timely GAO protests (B-414259) were received from two of the contractors who did not receive the award and a stay of performance was required in accordance with 31 U.S.C.

§ 3553(d)(4)(A). The protest from Doss Aviation has been withdrawn, but the protest from URS Federal Services, Inc, remains in litigation. The cost for this extension is estimated at $30,365,089.

3. Description of Supplies/Services: This extension for a base period of three months with three one-month option periods will allow for the continuation of non-personal and mission essential services for Rotary Wing Flight Training Instructor Support Services at Fort Rucker, Alabama, until protest resolution.

Base Period: 1APR17 to 30JUN17 Value: $15,182,545 Option Period 1: 1JUL17 to 31JUL17 Value: $5,060,848 Option Period 2: 1AUG17 to 31AUG17 Value: $5,060,848 Option Period 3: 1SEP17 to 30SEP17 Value: $5,060,848

Total: $30,365,089

4. Authority Cited: 10 U.S.C. 2304(c)(2), as implemented by FAR 6.302-2, Unusual and Compelling Urgency.

5. Reason for Authority Cited: A Stop Work order was issued in accordance with (IAW) FAR 52.233-3 “Protest After Award” (AUG 1996) on Contract W9124G-17-C-0001 which was awarded to CAE USA Incorporated on 29 December 2016. The current contract with URS Federal Services, Incorporated will expire on 31 March 2017.

Program/Equipment: Rotary Wing Flight Training Instructor Support Services

Version – April 2016 FOR OFFICIAL USE ONLY

(a) Background: This extension is required to continue providing Rotary Wing Flight Training Instructor Support Services for a three-month base period beginning 1 April 2017 and ending 30 June 2017. This extension will provide sufficient time to resolve a GAO protest while continuing to provide the required Rotary Wing Flight Training Instructor Support Services. GAO must render a decision by 20 April 2017, and the contract requires a 3 month phase-in period for the next contract. The length needed for this extension depends on when GAO provides its opinion and whether phase-in can be shortened once the protest is resolved. Presuming a 20 April decision date, then the 90 day phase-in would be through the end of July 2017. A quicker GAO decision and a quicker phase-in could result in transition being completed by the end of June. Removing the litigation to the Court of Federal Claims has also occurred in the past, and this could lengthen the litigation timeframe beyond the end of July.

(b) Alternatives: Alternatives and their potential impact are examined below. However, based upon all of the available information and potential negative impacts, it has been determined that extending contract W9124G-15-C-0005 for a base period of three months with three one-month options is in the best interest of the government.

1) Forgo the services until the protest is resolved: Forgoing the Rotary Wing Flight Training Instructor Support Services is not a viable alternative since there are approximately 500 Army and Air Force aviators who will not be trained during this potential six month period. The loss of these trained aviators would have a devastating impact on the Army and Air Force’s mission capability.

6. Efforts to Obtain Competition: The purpose of this extension is to secure the services of URS to provide the Rotary Wing Flight Training Instructor Support Services while the GAO protest is being resolved. URS is currently providing these services and is the only contractor at this time with the capability of providing the required level of support without any disruption of services.

7. Actions to Increase Competition: This extension provides support services until the GAO protest can be resolved. Competition was successfully achieved for the contract now being protested.

8. Market Research: Market research was not conducted for the extension for reasons discussed in paragraphs 6 and 7 above. Based on this information, competition for this action is not feasible.

9. Interested Sources: This requirement will not be synopsized in FedBizOpps pursuant to the exception in FAR 5.202(a)(2).

10. Other Facts:

a. Procurement History

(1) Contract W9124G-17-C-0001 was competitively awarded on 29 December 2016 and is currently under protest. This extension is a direct result of the filed protest and

Program/Equipment: Rotary Wing Flight Training Instructor Support Services

Version – April 2016 FOR OFFICIAL USE ONLY is to prevent an interruption to the support services vital to training Army and Air Force aviators.

(2) Contract W9124G-15-C-0005 was extended on 30 September 2016 for a base period of 4 months with two one-month option periods ending on 31 March 2017 for $29,792,964, while the recompete was being awarded.

(3) The current bridge contract was awarded on a sole source basis under the authority of 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 requirements is W9124G-15-C-0005 awarded on 28 September 2015 for $56,985,150. The 2015 contract was awarded rather than extended due to the transitioning to a new airframe, the UH-72, and to provide ample time to complete a competitive acquisition for the follow-on contract. The bridge contract type was changed to a Cost-Plus-Fixed-Fee in order to eliminate administrative issues that developed under the prior fixed price contract.

(4) The previous contract was W9124G-12-C-0006 with a 12 month base period and two option periods for $162,000,000. This contract was competed full and open using best value tradeoff procedures. Only one proposal was received.

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: Date:

Title: Contracting Officer’s Representative Signature:

Digitally signed by

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: Date:

Program/Equipment: Rotary Wing Flight Training Instructor Support Services

Version – April 2016 FOR OFFICIAL USE ONLY

MCKEEL.SHAINA.

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. The techniques identified in FAR 15.404-1(b), Price Analysis for commercial and non-commercial items, will be used to ensure the award will be made at a fair and reasonable cost. The contracting officer will additionally use a comparison of historical data and the Independent Government Cost Estimate to analyze the contractor’s proposed costs.

Typed Name: Shaina S. McKeel Date:

L

Title: Contracting Officer Signatur8e0:

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Typed Name: Shaina S. McKeel Date:

SILVER.

Title: Contracting Officer