UET Bridge JA_ 27June2022 v3_Redacted.pdf

UNITED STATES MARINE CORPS

MARINE CORPS SYSTEMS COMMAND

2200 LESTER STREET

QUANTICO VIRGINIA 22134-5050

IN REPLY REFER TO

Code: CT-2.78

J&A Number: 22,239

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER FULL AND OPEN COMPETITION

1. Contracting Activity

Marine Corps Systems Command (MARCORSYSCOM)

Program Manager for Training Systems (PM TRASYS)

12211 Science Drive

Orlando, Florida 32826-3266

2. Description of the Action Being Approved

The anticipated action is to extend the current contract vehicle through an out-of-scope modification in order to provide contractor support for Underwater Egress Training (UET) requirements. F3EA Joint Venture, LLC is the current contract holder and is located at 10

Turnbull Lane, Savanah GA 31410-1267. The contract action will bridge the gap between the end of the current contract M67854-17-C-7800 and the award of the follow-on contract. The current contract expires 30 June 2022.

3. Description of Supplies/Services

The contemplated bridge action will provide uninterrupted services for the UET requirement.

The highly specialized services currently provided under the existing UET contract include systems operations, training and instruction, maintenance, corrosion prevention and control, inventory management and control, and warranty and configuration management. The main purpose of this effort is to train Marines and other authorized personnel how to safely escape from sinking and submerged platforms (i.e., aircraft, amphibious, and ground vehicles), including the use of life support equipment, e.g., Supplemental Emergency Breathing Devices

(SEBDs) and Life Preserver Units (LPUs). This support is critical because uninterrupted training is needed to ensure that Marines will be able to engage in flight and waterborne operations that are essential to the core Marine Corps amphibious operations mission. Per Marine Corps Order

3502.3C as modified by ALMAR 002/22, this training has been deemed essential to protect the health and safety of Marines while engaged in the above mission sets and Marines cannot engage in waterborne or flight operations without having received it. Furthermore, the existing contract was awarded on 30 June 2017, with an effective date of 1 July 2017. A 12-month base, with four

12-month options was awarded (60 months). The existing contract expires 30 June 2022. The proposed bridge contract action is to add an additional six (6) months (1 July 2022– 31 Dec

2022) with a three (3) month additional option period to the existing contract. If the bridge is executed, the total period of performance of the existing contract will be 66 months or 69 months, if the three (3) month option is exercised, vice 60 months.

Estimated Dollar Value

The existing contract was competitively awarded. During the initial award of the existing contract, the pricing established within the contract was determined fair and reasonable. Since the contract pricing for the existing contract was initially determined fair and reasonable, it was determined to utilize the rates specified in the current contract’s last period of performance.

Based on the utilization of the rates specified in the current contract’s last period of performance, the estimated dollar value for this bridge is $3,476,634.51, inclusive of the six (6) month base and additional three (3) month option period, if fully executed. The estimated costs are:

Table 1 – Funding Summary by FY (in dollars)

FY22 FY23 Total

OM,MC* $3,476,634.51

4. Statutory Authority Permitting Other Than Full and Open Competition

The statutory authority permitting use of other than full and open competition is 10 United States

Code, Section 3204(a)(1), “Only One Responsible Source and No Other Supplies or Services

Will Satisfy Agency Requirements”.

5. Rationale Justifying Use of Cited Statutory Authority

FAR 6.302-1(a) (2) (iii) (B) allows an agency to restrict competition to the original source for the provision of highly specialized services when it is likely that award to any other sources would result in unacceptable delays in fulfilling the agency’s requirements. The support services described are currently provided under the competitively awarded contract M67854-17-C-7800 that will expire 30 June 2022.

F3EA Joint Venture, LLC provides Underwater Egress Training (UET) under the current contract. ALMAR 002/22 requires Underwater Egress Training (UET) for all personnel conducting flight operations or amphibious vehicle waterborne operations. The Commandant of the Marine Corps issued this change in order to protect the health and safety of Marines participating in these mission types and to enhance readiness of military personnel. The UET services currently provided by this contract train Marines and other authorized personnel how to egress from sinking or submerged platforms (i.e., aircraft, amphibious, and ground vehicles), including the use of life support equipment, e.g., Supplemental Emergency Breathing Devices

(SEBDs) and Life Preserver Units (LPUs) to increase survival rates and are the only current source of providing this mandatory training. UET is a Commandant’s service-level training program that is mandated by Marine Corps Order 3502.3C as modified by ALMAR 002/22. A gap in services would prevent the Marine Corps from being able to ensure the safety of all personnel engaged in flight and waterborne operations and will prevent otherwise capable

Marines from engaging in mission sets critical to ensure our national defense. In less than three days, the agency will lose this critical training and be rendered unable to qualify Marines to deploy in a substantial range of operations. It is not possible to competitively award a bridge effort or execute another non-competitive effort before the current contract expires on 30 June

2022. It is further not practicable to transition out the incumbent contractor and on-board a new contractor without a significant disruption in services. F3EA is the only firm currently capable of providing the highly specialized UET services without an interruption or gap in services.

A new follow-on contract was awarded for these services; however, a post-award protest filed at

GAO on 27 May 2022 required the agency to cancel this contract and revisit its acquisition strategy. Given the imminent expiration of the current contract and the absolute necessity of maintaining these services, the decision has been made to extend the current contract vehicle through an out-of-scope modification to provide services through the period of planning for, and acquiring, the follow-on contract. If a bridge is not awarded, an estimated length of the delay could potentially be between six (6) months to nine (9) months, which is the length of the requested bridge. This length of this delay was derived by taking into consideration key milestones such as having to redevelop an acquisition strategy, develop a revised request for proposal, time needed for the evaluation of proposals, time needed to account for possible discussions and final proposal revisions, and time needed in order to develop source selection decision documentation. As described in the paragraphs above, a delay of this length or any potential delay or gap in services would undermine the agency’s ability to perform its mission to secure national defense and to ensure the health and safety of Marines while performing flight and waterborne operations.

F3EA Joint Venture, LLC is the current contract holder and the only qualified source that has the technical capabilities to safely and adequately continue to perform the needed services without delays to operations or degradation in quality of services.

6. Description of Efforts made to Solicit Offers from as many Offerors as Practicable

A follow-contract is in process. Market Research was initially conducted through a request for information (RFI) amongst the ERS Contractor, Operator, and Maintenance Services (COMS)

Multiple Award Task Order Contract (MATOC) awardees. None of the holders of that MATOC responded to the RFI and the current incumbent F3EA is not a MATOC holder. While the bridge contract supported by this J&A runs, the agency will look into the possibility of conducting a new acquisition strategy to include the consideration of a full and open competition under Part

15. Although a competitive environment may be possible for the follow-on contract, the nature of the requirement requires uninterrupted service from the only vendor capable of providing service without delay or interruption.

7. Determination of Fair and Reasonable Costs

In accordance with FAR 15.402(a), the Contracting Officer will ensure the services procured as a result of this J&A are at fair and reasonable prices. In order to ensure the services procured as result of this J&A are at fair and reasonable prices, the Contracting Officer will seek to obtain continued performance of services at the rates specified in the current contract’s last period of performance. Given that the pricing was previously established as fair and reasonable, the

Contracting Officer has determined that the anticipated cost to the Government for the services covered by the J&A will be fair and reasonable.

8. Actions to Remove Barriers to Future Competition

A competitive procurement for the services set forth in this J&A is planned for the follow on effort.