Redacted JA_DCRF_Final 20230119.pdf

CUI

Control Number: JA-23-Edg-003

CUI

Source Selection Information - See FAR 2.101 and 3.104-4

Justification and Approval For Other than Full and Open Competition – FAR Part 6

1. Contracting Activity: Army Contracting Command, Aberdeen Proving Ground (ACC-APG), Edgewood Contracting Division (ECD), 8456 Brigade Street, E4215, Aberdeen Proving Ground, Maryland, 21010-5401.

2. Description of Action: The Joint Program Executive Office for Chemical, Biological, Radiological and Nuclear Defense (JPEO-CBRND) requires a new, noncompetitive, follow-on modification to extend the period of performance by ten (10) months from 13 January 2023 – 31 October 2023 for Contractor Logistics Support (CLS) services for COTS equipment sets for Defense Chemical, Biological, Radiological and Nuclear (CBRN) Response Force (DCRF), currently performed via Contract Number W911SR- 16-D-0010, Task Order (TO) W911SR-19-F-0039, by contractor, INTERFUZE Corporation (formerly Veterans Corp of America (VCOA)). This follow-on action will allow the Government to keep critical support services in place while allowing adequate time for the execution of a competitive follow-on award under the multiple award indefinite delivery, indefinite quantity (MA IDIQ) Joint Enterprise Contracted Logistics and Services Support (JE CLaSS) II vehicle following award of base contracts anticipated for November 2022.The Independent Government estimate (IGE) for this action is and the Government intends to utilize FY23 Operation and Maintenance (O&M) funds.

3. Description of Services: This task order provides services for COTS equipment sets used by select CBRN Response Force (DCRF) organizations. These services include sustainment support over the life cycle of the equipment sets and refresh/recertification support following a unit’s relief from the DCRF mission. Services also support the Urban Search and Rescue (US&R), Mass Casualty Decontamination (MCD) with attached General Purpose Forces (GPF), Reconnaissance Augmentation (RECON AUG) Medical Company, Area Support (MCAS), and Mortuary Affairs Contaminated Remains Mitigation Site (MACRMS) sets.

10-Month Extension: 13 January 2023 – 31 October 2023 Value:

Category Amount

Total Direct Labor Material Travel Total Other Direct Costs Total Direct Costs G&A Subtotal Profit/Fee Total Cost

CUI

delays and substantial duplication of costs that are not expected to be recovered through competition for an extension award of just ten (10) months.

DCRF is responsible for conducting CBRN response operations in support of civil authorities in order to save lives, prevent further injury, and provide temporary critical support to enable community recovery. CLS services are required to support the DCRF in accomplishing its mission. The contractor provides sustainment through total supply and service support (equipment, repair parts, unique durables and consumables purchase, shipping, inventory, shelf-life management, inspections, testing, calibration, preventive maintenance, repairs, accountability, storage of Government Furnished Property (GFP) and training for the supported units.

A contractor other than the incumbent would require a 120-day transition period at the start of this 10-month period. During this period, there would be both unacceptable delays, duplication of costs, and impact on the current mission, as a result of the phase out of personnel from the incumbent while the new contractor recruited and hired new personnel. The new personnel will require training as well as an active security clearance to perform the services which would be included in this delay. The contractor also performs logistical services including training in the use of the logistics information systems (LIS) used for collecting, accessing, tracking, and reporting maintenance data and documentation. The new contractor would have a learning curve associated with operating this system which would result in delays in data entry and tracking due to the transfer of the system to the new contractor, impacting mission effectiveness.

As part of the services provided under this TO, the incumbent provides warehouses for the storage and distribution of Government Furnished Property (GFP) and personal protective equipment (PPE) for each of the missions supported under the TO. The GFP and materials needed for the DCRF mission supports 33 units located in the continental United States (CONUS) which require ongoing contractor support and sustainment.

Each of the units are required to maintain 90-95% mission capability at all times. A change in contractor would require the Government to relocate the current equipment sets, rolling stock (Gators, trailers, generators, etc.), GFP, mission unit kits, and the DCRF authorized stockage list (ASL) to another warehouse that meets the environmentally controlled 70,000 square foot requirement. If another contractor were to perform these services during this extension, there would be significant delays and termination/restart costs associated with this warehouse which is included in the phase in period. The incumbent would have to remove, transport, and transfer the items from the existing warehouse to the warehouse managed by the new contractor. Costs associated with this transfer process would include handling of the warehouse items, electronic transfer of the items within the contractor and Government systems, physical transportation of the items from the incumbent warehouse to the new contractor warehouse, and processing of the items by the new contractor in the relevant electronic systems. As part of this transfer, the new contractor would also be required to inspect the equipment and materials, identify any concerns regarding the condition, and plan for repair, maintenance, or replacement resulting from the transfer process. This would

CUI

jeopardize the availability of the materials and equipment needed to support the mission.

Visits to supported units under this TO required advanced planning of 90-180 days. If this extension is not provided to the incumbent contractor, this schedule would be impacted specifically for the active-duty units (8), resulting in mission failure.

Additionally, the original plan was to start replacement of these items through attrition over the 3-year contract PoP under a recompete action. Because the recompete will be delayed, the process will begin under this extension and then continue under the recompete action following award.

The costs associated with the aforementioned areas are detailed below and represent a substantial duplication of costs that are not expected to be recovered through competition, particularly as these additional costs, which would only be expected for a 10-month extension to a contractor other than the incumbent, represent approximately 28% of the estimated total value for the proposed extension effort. The costs below are estimated based on current rates for a single new, noncompetitive follow on award.

Should the Government award this non-competitive follow on to a contractor other than the current performer, INTERFUZE, and then award the competitive action to INTERFUZE or another contractor, the costs would be duplicated for a total of or 56% of the value of this noncompetitive follow on.

Cost Category Basis of Cost Costs Labor *Equipment Transfer Transition-In Storage US & License

TOTAL

Table 1: Duplication of Costs

*Equipment transfer costs vary by location (transport to further locations will increase this cost).

INTERFUZE Corporation is the only contractor that can provide the continuous support required under this TO without causing an unacceptable delay to meet the needs of the Warfighter, civilian authorities, and the civilian population. A lapse in these mission-critical services to conduct CBRN response operations in support of civil authorities would place the Warfighter and civilians in a vulnerable and potentially defenseless position in the event of a chemical, biological, radiological, nuclear, or explosive event.

The services under this TO save lives, prevent further injury, and provide temporary critical support to enable community recovery. Without these services, there is significant risk to the health, safety, and welfare of the civilian population.

CUI

Should this justification not be approved, there is no other contract vehicle through which these services can be procured (either with or without competition) that would avoid a significant break in service of at least the number of months required for this extension. To plan, solicit, evaluate, negotiate, and award an effort of this dollar value and complexity would take a minimum of eight (8) months. With the addition of the 120-day transition period, this alternative would result in break in service for a minimum of 12 months while the formal acquisition planning and award would occur, exceeding time needed for this follow-on extension.

JPEO CBRND’s plan for the services provided under this TO while this extension is being executed is to solicit and award a new TO using fair opportunity under the JE- CLaSS II MA IDIQ contract, which is a successor effort to the JE-CLaSS MA IDIQ, the latter’s ordering period having expired in January 2022. The award of the JE-CLaSS II MA IDIQ was delayed due to efforts to support Operation Warp Speed which required shifting resources from this effort, and increased time to develop the acquisition package due to changing requirements. The award of the JE-CLaSS II MA IDIQ is currently anticipated for November 2022. The anticipated award date of the JE CLaSS MA IDIQ does not allow sufficient time to award a new TO under fair opportunity under the new IDIQ or a stand-alone contract without causing a break in service. JPEO CBRND is requesting a sole-source extension of ten (10) months in order to: 1) keep critical DCRF services in place while the JE CLaSS II MA IDIQ is being executed and 2) mitigate any potential risks associated with a break in service should there be further delays in the award of the JE-CLaSS II MA IDIQ.

Based on the foregoing circumstances described, INTERFUZE Corporation is the only contractor that can provide the required critical services without an unacceptable delay or duplication of costs resulting in a significant break in service that exceeds the duration of the 10-month extension documented in this J&A.

The anticipated milestone schedule (notional) for the proposed follow-on TO award is as follows. This schedule is contingent on award of the base JE CLaSS II IDIQ, which is expected in November 2022.

• ARP Package Completion: 1 January 2023

• Peer Review Complete: 29 January 2023

• Post Final Solicitation: 30 January 2023

• Proposal Submissions: 1 March 2023

• Discussions Complete (if required): 2 June 2023

• PNM Review Complete: 7 June 2023

• Peer Review Complete: 21 June 2023

• Anticipated Award: 24 June 2023

• Phase In/Phase Out Period Complete: 31 October 2023

6. Efforts to Obtain Competition: In accordance with Defense Federal Acquisition Regulation Supplement (DFARS) 205.205-71, DFARS 206.302-1(d), and DFARS

CUI

Source Selection Information - See FAR 2.101 and 3.104-4

Procedures, Guidance and Information (PGI) 206.302-1(d), a sources sought notice/RFI for this proposed extension effort was published on SAM.gov on 23 December 2021.

Three (3) responses were received, as discussed below in paragraphs 8 and 9.

In accordance with FAR 5.201, a special notice stating the Government’s Intent to Award a Sole Source contract action was posted on the SAM.gov website on 12 October 2022. The notice expired 19 October 2022 without any responses from contractors.

a. Effective competition. The below list of contractors has been identified as potentially having interest in the requirement, based on their response to the 23 December 2021 RFI. However, effective competition for this extension is not expected, as INTERFUZE Corporation is the only contractor capable of providing the support required without incurring a break in service. The Government anticipates that effective competition will be achieved in the near future by soliciting the follow-on Task Order utilizing fair opportunity under the JE-CLaSS II

IDIQ.

RFI Responses Description of Services Companies’ Cage Code, and Business Size

23 December USARC CLS RFI DCRF CLS

23 December USARC CLS RFI DCRF CLS

23 December USARC CLS RFI DCRF CLS

Table 2 - Potential Offerors

b. Subcontracting competition. This section is not applicable as INTERFUZE Corporation is a small business.

7. Actions to Increase Competition: The proposed extension does not take any actions to increase competition. As discussed previously, the extension provides for the continuity of contractor-provided services until a follow-on award can be solicited and awarded. There is no opportunity to increase competition on the extension without causing a break in service; the incumbent contractor’s experience and deployed resources (both physical assets as well as personnel) are necessary for mission execution. Other alternatives to increase competition, such as the division and competition of individual PWS components, are not feasible because of the need to have an experienced, knowledgeable contractor managing all aspects of CLS, and COTS for DCRF.

The previous J&A, approved 10 FEB 2022, stated that actions to increase future competition would be supported through the utilization of fair opportunity procedures under the JE-CLaSS II MA IDIQ. At that time, it was anticipated that the JE-CLaSS II MA IDIQ would be awarded by May/June of 2022. Initial proposals were received in November 2021. Through the process of proposal evaluation, the government

CUI

experienced longer lead-times than originally anticipated due to the receipt of more proposals than anticipated, more time needed to execute proposal evaluations, issue an unplanned proposal amendment which resulted significant proposal revisions, and then additional time associated with re-evaluating the proposal revisions and conducting meaningful discussions. As such, the anticipated award date for the JE-CLaSS II MA IDIQ has shifted from May/June 2022 to November 2022 and, as a result there is no longer sufficient time to recompete the task order under another vehicle or as a stand-alone contract to prevent a break in service. Because JE CLaSS II has not yet been awarded, market research and a determination of how to compete the task order under another vehicle or as a standalone contract would require additional time that would result in a break in service.

Moving forward, the JE-CLaSS II MA IDIQ, similar to JE-CLaSS, will consist of two (2) Domains; Domain 1, will be open to Other Than Small Business (OTSB) and Small Businesses, and Domain 2, will be a full Small Business Set-Aside. JE-CLaSS II will establish a group of highly qualified large and small businesses capable of competing on future requirements as specified in individual TOs once the IDIQ contract is awarded, which is anticipated to be in November 2022. It is anticipated that future requirements for this support will be obtained using fair opportunity procedures under JE-CLaSS II.

The anticipated milestone schedule (notional) for the proposed follow-on TO award is as follows. This schedule is contingent on award of the base JE CLaSS II IDIQ, which is expected in November 2022.

• ARP Package Completion: 1 January 2023

• Peer Review Complete: 29 January 2023

• Post Final Solicitation: 30 January 2023

• Proposal Submissions: 1 March 2023

• Discussions Complete (if required): 2 June 2023

• PNM Review Complete: 7 June 2023

• Peer Review Complete: 21 June 2023

• Anticipated Award: 24 June 2023

• Phase In/Phase Out Period Complete: 31 October 2023

8. Market Research: The following techniques were used to conduct market research:

a. Request for Information (RFI): An RFI was published on sam.gov on 23

December 2021 with a response date of 5 January 2022. The RFI information was used in accordance with FAR 10.002(b)(1) which states, “The contracting officer may use market research conducted within 18 months before the award of any task or delivery order if the information is still current, accurate, and relevant.” The information resulting from this RFI meets that requirement. The RFI included an outline description of the required scope of work, program objectives, metrics, applicable systems requiring support, period of performance, and performance locations. Interested firms were invited to respond to the

CUI

Government by providing a capability statement with the following information (response not to exceed five [5] pages):

• Company name, company address, overnight delivery address (if different from mailing address, Cage Code, point of contact, e-mail address, telephone number, fax number).

• Business size (i.e. large, small disadvantaged, veteran owned, woman owned, etc.)

• A description of the company’s expertise in providing Performance Based Logistics/Contractor Logistics Support (PBL/CLS) services for COTS equipment sets for DCRF

• Provide information on the Logistic Information System the company would use to satisfy this effort.

• A description, in general, of the company’s approach to meeting the required period of performance.

The items below were conducted as part of market research to examine alternative contracting solutions:

b. Queried Government databases [Federal Procurement Data System – Next

Generation (FPDS-NG), Contractor Performance Assessment Reporting System (CPARS), GSA, SAM.gov, and the Small Business Administration (SBA) databases] that provide relevant information on acquisitions.

1. GSA: A search of the GSA database, https://www.gsa.gov/buying-selling/products-services/professional-services/buy-services/oasis-and-oasis-small-business/buyers-guidance-and-resources was conducted on 8 September 2021, and re-verified on 22 December 2021 revealed the following:

OASIS Contracts: Searched “Logistics Services” -- Small and Large Business Pool of Contractor NAICS;

- NAICS Code 541614 –Contract is specific to logistics consulting services.

- NAICS Code 561210 addresses facilities support services (janitorial);

establishments engaged in providing management and operating services (hotel, restaurant, hospital); on site management and operations of computer systems and/or data processing facilities;

Governmental correctional institutions.

- NAICS Code 541330 addresses a vast array of engineering services, not related to the services required for JE-CLaSS.

- NAICS Code 541890 addresses “Other Services Related to Advertising.”

CUI

Regulation (FAR) 6.302-1(a)(2)(iii)((B); - POP: 10Mar2022- 12Jan2023;

-J&A approved 25Feb2022 at $4,411,605.63;

-Awarded value $4,429,807.00

W911SR16D0010-

W911SR19F0039

DCRF CLS

INTERFUZE

Corporation (formerly

Veterans Corp of America (VCOA)) – 0AFL2/SB Awardee

NA

Table 3: Procurement History

Follow-On Effort Actions to Date:

Early stage planning has begun for the follow-on task order. The Government’s intent is to release a solicitation for the follow-on task order under the JE CLaSS II MA IDIQ following award and upon expiration of this extension. JPEO-CBRND is coordinating with ACC-APG to timely release this solicitation in order for the award to be made in June 2023, facilitating the required 120-day transition period that will coincide with the completion of this extension.

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.

11/15/22 Date:

Typed Name: Title: CDMA CALS TVIS Test Lead/Sustainment team COR

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.

11/15/22 Date:

Typed Name: Title: CDMA CALS TVIS Test Lead//Sustainment team COR

CUI

13. Fair and Reasonable Cost Determination:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.

To support this determination, various cost analysis and price analysis techniques will be used, including comparison with an Independent Government Estimate (IGE) as well as the use of certified cost or pricing data.

Typed Name: Title: Contracting Officer

14. Contracting Officer Certification:

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

Signatu

Typed Name: Title: Contracting Officer

CUI

Approval

Based on the foregoing justification, I hereby approve the procurement Contractor Logistics Support (CLS) Services for Commercial Off-the-Shelf (COTS) Equipment Sets for Defense CBRN Response Force (DCRF) on an other than full and open competition basis pursuant to the authority of 110 U.S.C. 3204(b)(B)(ii) as implemented by Federal Acquisition Regulation (FAR) 6.302-1(a)(2)(iii)((B) -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. For DoD, NASA, and the Coast Guard, services may be deemed to be available only from the original source in the case of follow-on contracts for the continued provision of highly specialized services when it is likely that award to any other source would result in unacceptable delays in fulfilling the agency’s requirements. The estimated value of this action is

This action is subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Date: 11/17/22

Typed Name: Title: Command Advocate for Competition