1.08 Justification and Approval Redacted.pdf

Navy Marine Corps Acquisition Regulation Supplement APRIL 2018 (Change 18-24)

5. Rationale Justifying Use of Cited Statutory Authority.

As defined by 10 USC 4506(f)(1)(B), a bridge action means, in part, a new short-term contract awarded on a sole-source basis to avoid a lapse in service caused by a delay in awarding the subsequent contract. As described below there is only one responsible source for this procurement action per FAR 6.302-1(a)(2)(iii), services are deemed to be available only from the original source for the continued provision of highly specialized services when it is likely that award to any other source would result in either substantial duplication of cost to the Government or unacceptable delays in fulfilling the agency’s requirements. This bridge contract to the incumbent is necessitated by insufficient time required to put a competitive contract in place.

As of October 2023, the customer had not submitted a complete package for the follow-on to FLCJ at any time via Protrack. The required Procurement Action Lead Time (PALT) for Seaport-E orders over $10 million is 180 days from receipt of a procurement ready package.

Based on a needed start date of 17 March 2024, the PALT was not supported. FLCJ informed the customer a bridge contract action would be required as there was not sufficient PALT to award a follow-on contract. The request for the bridge contract was submitted via Protrack on 26 October 2023. However, the bridge package was missing several documents including but not limited to Service Requirements Review Board (SRRB) approval, Performance Work Statement (PWS), and Quality Assurance Surveillance Plan (QASP). The customer provided all required documents by 2 February 2024.

The period of performance for this bridge contract (8 month base plus two two-month options) allows for service coverage for up to a full year. This takes into account not only the 180 day PALT for Seaport-E orders, but also time to address anticipated changes to the PWS and contract provisions for the follow-on contract. The options will allow for additional coverage should any delays (protest, evaluation) in the acquisition process occur.

The impacts to lapse in service provided by this contract are direct and immediate. This contract provides critical support to the NAPP which is responsible for the training pipeline of all naval aviators and aircrew. This includes support for the NAPP Integrated Production Data Repository (NIPDR), which is the enterprise resource planning software that has all tools to run the NAPP (calculates, tracks and documents). Without this support, CNATRA would risk immediate mission failure which is defined as the inability to flow students from initial accession to assignment to an FRS. Without students graduating to the fleet, the Navy and Marine Corps would not have new combat aviators/enlisted air crew to support deployed forces worldwide.

The training pipeline is vital to a healthy and effective fleet. CNATRA cannot maintain the NIPDR organically as it does not have sufficient manpower or software expertise.

The contractor must support the Production Alignment Conference (PAC) which begins on 18 March 2024. The PAC is a semi-annual milestone for the NAPP and is essential for the coordination of training pipelines ensuring alignment with the OPNAV N98 Training Requirement Letter. Additionally, the contractor must provide services at multiple locations including but not limited to: multiple locations in California, Florida, Texas and Virginia, South Carolina, North Carolina, Oklahoma, Tennessee, Washington, and Mississippi.

Navy Marine Corps Acquisition Regulation Supplement APRIL 2018 (Change 18-24)

The current contract was awarded competitively to CACI, Inc-Federal. As the incumbent, only CACI, Inc-Federal has the software knowledge, skill set, and systems in place to meet short-fused requirements. As part of the current contract CACI, Inc-Federal has already begun work, but has not completed its efforts, for the PAC conference. Therefore, CACI, Inc-Federal is the only responsible source that can perform (continue) these services without a lapse in service. No other company would have sufficient time to familiarize itself with the NIPDR database, develop and implement the processes, and deploy the necessary resources to manage services in multiple locations.

As such pursuant to FAR 6.302-1, CACI, Inc. - Federal is the only responsible source.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable.

Due to insufficient procurement lead time, the decision was made to pursue a bridge contract. A notice of intent to sole source the bridge contract was posted on 9 February 2024. One response from was received. The contracting officer researched which demonstrated they are an aircraft maintenance company. As such it was determined they do not have the skill set to immediately begin work. Additionally, expressed interest in the follow-on procurement, vice interest in the immediate need under the bridge contract. No other responses were received. Acquisition planning for the re-procurement will ensure as many offerors as practicable are solicited. As the current contract was awarded via Seaport-E, it is most likely that the re-procurement will be a competitive action under Seaport-E.

7. Determination of Fair and Reasonable Cost. The Contracting Officer has determined the anticipated cost to the Government of the supplies/services covered by this J&A will be fair and reasonable.

A fair and reasonable determination will be made once the Contraction Officer has an opportunity to review the Contractors pricing.

8. Actions to Remove Barriers to Future Competition.

In conjunction with Paragraph 6, the Contracting Office expects to obtain a follow-on package that will support competition for future acquisitions of the same or similar items. The contracting office anticipates receipt of the follow-on package in March-April 2024 with the intent to award by 13 September 2024 for a 17 November 2024 performance start. The options under this bridge contract will only be exercised should there be delays in the acquisition process of the re-procurement.