Redacted_CLS_Bridge_JA_W15QKN13D0069001105.pdf

Control No: CAO-18-0192

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JUSTIFICATION REVIEW DOCUMENT

FOR OTHER THAN

FULL AND OPEN COMPETITION

Program/Equipment: Contractor Logistic Support (CLS) services for the Program Manager (PM) Close Combat Systems (CCS) family of Systems.

Authority: Title 10 United States Code (U.S.C.) Section 2304(c)(1) as implemented by Federal Acquisition Regulation (FAR) Part 6.302-1 - Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

Amount: $1,900,504.70

Prepared by: Tiffany Nosti DSN: 880-7364 Contract Specialist Date:

Email: Tiffany.n.nosti.civ@mail.mil

Contracting Officer: Tina G. Gopon DSN: 880-3516 Contracting Officer Date:

Email: Tina.g.gopon.civ@mail.mil

Technical Representative: Robert C. Wisser DSN: 880-2766 Chief, Business Division Date: 2 Feb 2018

Project Manager Close Combat Systems

Requirements Representative: Robert C. Wisser DSN: 880-2766 Chief, Business Division Date: 2 Feb 2018

Project Manager Close Combat Systems

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

Project Manager:

Typed Name: COL Jonathan B. Slater

DSN: 880-7041

Signature: __//signed//___________ Date: _8 Feb 2018________

Legal Counsel:

Typed Name: Jered Leo

DSN: 880-6585

Signature: _____________ Date: __________

Center Director:

Typed Name: Steve Talmadge

DSN: 880-2754

Signature: _____________ Date: __________

Associate Director:

Typed Name: Sandra LaBell

DSN: 880-4085

Signature: _____________ Date: __________

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Justification and Approval for Other than Full and Open Competition

1. Contracting Activity: Army Contracting Command- New Jersey

2.. Description of Action: Project Manager Close Combat Systems (PM CCS), requests approval of a bridge modification to the Firm Fixed Price (FFP), Indefinite- Delivery/Indefinite-Quantity (ID/IQ) contract W15QKN-13-D-0069, Task Order 0011, Fiscal Year (FY) 18 Operation and Maintenance Army (OMA) funding will be utilized for this action.

3. Description of Supplies/Services: PM CCS requires continued support to ensure uninterrupted Contractor Logistics Support (CLS) for the entire family of PM CCS systems in CONUS, OCONUS, and Theater locations during the transition time period between the current contractor and new contractors. PM CCS requires continued support for ongoing fielding activities associated with PM CCS systems. These systems, which are utilized to defeat explosive hazard threats and area denial, include Spider, Army-Navy/Portable Special Search (AN/PSS-14) models B and C, VMR2/2+ (Minehound), CEIA Compact Metal Detector (CMD) 2.X, Detector Special Purpose (DSP)-27, Strider, VMC1 Gizmo and Multispectral Advance Reconnaissance Video Imaging Notator (MARVIN). CLS provides system integration/installation, fielding, shipping, transporting, training, documenting records, customer support, inspection and maintenance (defined as repair, rebuild, parts repair replacement and troubleshooting as applied to hardware, software, firmware and logistic support and the associated management and quality). Additional requirements include interfacing with other Government and Contractor personnel as coordinated by the Contracting Officer Representative (COR). Currently, these systems are being supported by contract W15QKN-13-D-0069 TO 0011 which ends on 28 February 2018. This modification to Task Order 0011 will extend the period of performance for a three (3) month base period from 1 March 2018 to 31 May 2018 with two (2) three (3) month options which would extend performance to 30 November 2018, if all options are executed, which will ensure continuous CLS coverage during the anticipated Protest decision timeframe in addition to providing transition time from the current contractor to the new contractor.

Total Estimated Value for this action, including options, is $1,900,504.70 which is within base contract ceiling amount.

4. Authority Cited:

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.

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5. Reason for Authority Cited:

As described in FAR 6.302-1(a)(2)(iii)(B), when the supplies or services required by the agency are available only from one responsible source or for DoD, NASA, and the Coast Guard, from only one or a limited number of responsible sources, and no other types of supplies or services will satisfy agency requirements, full and open competition need not be provided for. Unacceptable delays in fulfilling the agency’s requirement would occur if the current Contractor, Universal Solutions International Incorporated (USI) located at 11827 Canon Boulevard, Suite 203, Newport News, Virginia 23606- 3071 (USI), is unable to continue providing the required training and maintenance of the numerous PM CCS systems needed to defeat explosive hazard threats such as Improvised Explosive Device (IED). If support is not provided while awaiting a protest decision, there would be a severe impact to the Warfighter’s mission. During the potential gap in CLS service, the Army would not receive scheduled training and support on PM CCS fielded equipment in Theater, CONUS and OCONUS locations.

Any delays to scheduled training will degrade unit performance in the execution of their assigned missions. The potential support gap introduces unacceptable risk in meeting the Warfighter’s scheduled training events which are crucial in achieving mission readiness. This planned extension coverage includes an overlap/transition to provide for continued CLS coverage while the new Contractor is engaged in hiring actions and securing the prerequisite deployment documentation for respective personnel targeted to work in theater. Additionally, any delay in providing CLS will significantly increase risk of injuries and loss of life, additional loss of military assets, and jeopardize the success of the U.S. mission in Operation Freedom’s Sentinel (OFS) and Operation Inherent Resolve (OIR). Explosive hazard threats deployed by enemy forces in Theater continue to be the number one lethal threat to the warfighter. Any service gap will adversely impact the Warfighter in the execution of their counter explosive hazard and area denial missions. PM CCS’ systems maximize Central Command’s (CENTCOM) ability to defeat life threatening explosive hazards, significantly reduce the loss of life, serious injuries, and the loss of combat equipment. This support increases morale, reduces cost and greatly improves mission success.

USI has the unique capability and knowledge because their Field Service Representatives (FSRs) are certified US Army Training and Doctrine Command (TRADOC) Instructor/trainers on all PM CCS weapons system which took up to three

(3) months to obtain. USI is the only source that can satisfy this requirement as they have been the CLS Contractor since June 2013 and their personnel have the needed experience with the customers, the expertise with the systems and possess the required training certification. Furthermore, since the contract scope is for training/maintaining newly fielded systems, there is no other organization that has the knowledge base to provide support for these weapon systems.

A Small Business Set-Aside, ID/IQ solicitation, W15QKN-17-R-0006, was issued on 17 February 2017 on www.fedbizopps.gov. As a result of the best value source selection procedures outlined in the solicitation, contract W15QKN-17-D-0065 was awarded on

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24 August 2017 to Beshenich Muir & Associated LLC (BMA), 121 Cherokee Street, #A, Leavenworth, KS 66048-5427. On 11 September 2017, WisEngineering LLC, 3159 Schrader Road, Dover, NJ 07801, submitted a Bid Protest (File Number B-415260) through GAO against the contract award to BMA. In accordance with FAR Part 33.104(a)(3), Protests to Government Accountability Office (GAO), and FAR Clause 52.233-3, Protests After Award, the Contracting Officer directed BMA to stop-work on Contract W15QKN-17-D-0065. Upon the contracting officer’s determination to take corrective action by re-evaluating the original technical proposals, the GAO protest was dismissed on 11 October 2018. Based on the results of re-evaluation, a different awardee was determined. The new CLS contract was awarded to Barbaricum LLC (Barbaricum), located at 1714 N Street, Washington, DC, 20036-2907 on 18 January 2018. The original CLS contract W15QKN-17-D-0065 to BMA will be canceled or terminated for convenience. On 19 January 2018, a Small Business Administration (SBA) size protest was initiated by WisEngineering, LLC. If the SBA size protest determination does not change the results of this award, it is anticipated that there is a high likelihood of both BMA and WisEngineering submitting a GAO Bid Protest.

6. Efforts to Obtain Competition: Notification required by FAR 5.201 will not be posted in accordance with FAR 5.202(a)(11).

a. Effective Competition: Effective competition is not anticipated for this action due to the sole source requirement to provide CLS service to bridge a potential gap in coverage due to on going protests.

b. Subcontracting Competition: Subcontracting competition will be achieved by the utilization of FAR 52.219-8 “Utilization of Small Business Concerns” which is included in contract W15QKN-13-D-0069.

7. Actions to Increase Competition: Competition is not anticipated for this action.

Future competition has been achieved through a new competitive, Small Business Set- Aside, solicitation posted February 2017 on www.fedbizopps.gov which resulted in a single award ID/IQ contract; however, a stop work order has been issued under this contract due to the receipt of a protest.

8. Market Research: In accordance with DFARS 205.205-71, DFARS 206.302-1(d), and DFARS Procedures, Guidance and Information (PGI) 206.302-1(d), a Sources Sought Notice (SSN) was posted to Federal Business Opportunities on 18 December 2017.

A total of seven interested companies responded to the Sources Sought Notice (SSN):

1. Afgan Compound Support Services (ACSS), Large Business

2. Barbaricum, Small Business

3. Beshenich Muir & Associates, LLC (BMA), Small Business

4. BRTRC Federal Solutions (BRTRC), Large Business

5. K2 Solutions, Inc, Small Business

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6. Universal Solutions International, Inc. (USI), Small Business

7. WisEngineering, LLC (WisE), Small Business

After reviewing the information received from the seven (7) interested sources in response to market survey, there is indication of sufficient competition in the marketplace. Barbaricum, BMA, BRTRC, K2 and USI were determined capable of performing the service requirement with low risk to the Government due to their experience in providing FSR support and familiarization with PM CCS’s equipment. K2 Solutions was determined a medium risk due to challenges with recruiting incumbent personnel caused by the requisite added ramp-up time needed to fully support all PM CCS equipment. By virtue of its planned partnership with present incumbent (USI), WisE was determined low-medium risk of performing the service requirement due to potential delays in obtaining the required Afghanistan Business License and personnel visas which would increase risk to the Government in support of the Theater mission.

ACSS was rated high risk because they did not furnish sufficient information to the key performance requirements of the SSN to instill the confidence that they can provide the required services. In addition, ACSS, a foreign-owned company with a workforce largely comprising of foreign nationals, does not possess the core competencies required to perform our intended mission.

As a result of the SSN, it was determined that there could be effective competitive, under a Small Business Set-Aside; however, because there is a potential for a gap in services resulting from the stop work order issued under the new contract, no company other than the incumbent Contractor, USI, is capable of performing this work during this brief interim period because these systems are newly fielded and USI already has the certified instructors capable of training and maintaining the approximately eight (8) systems in place.

9. Interested Sources: To date, no other sources have written to express interest in the acquisition. In accordance with FAR 5.202(a)(11), the Contracting Officer need not submit the notice required by FAR 5.201 when the Contracting Officer determines that the proposed contract action is made under the terms of an existing contract that was previously synopsized in sufficient detail to comply with the requirements of FAR 5.207 with respect to the current proposed contract action. Therefore, the proposed contract action will not be synopsized.

10. Other Facts:

(a) Procurement History:

(i) (1) Contract No.: W15QKN-18-D-0024, award date 18 January 2018.

(2) Competitive Status: Competitive, Small Business Set-Aside.

(3) Previous J&A Authority: No justification was used.

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(4) Summary of Previous Justification Paragraph 7: No justification was used.

(5) Prior Contracts Using Full and Open Competition: W15QKN-17-D- 0065 was awarded to BMA on 24 August 2017. As a result of the corrective actions taken in response to GAO protest file number B- 415260 contract W15QKN-17-D-0065 is in the process of being terminated for convenience.

(6) Explanation of Unusual Patterns: None.

(7) Summary of the Circumstances Justifying Previous Procurement:

No justification was prepared to support this procurement.

(ii) (1) Contract No.: W15QKN-17-D-0065, award date 24 August 2017

(2) Competitive Status: Competitive, Small Business Set-Aside **Contract will be canceled or terminated for convenience as a result of the corrective actions taken in response to GAO protest file number B- 415260.

(3) Previous J&A Authority: No justification was used.

(4) Summary of Previous Justification Paragraph 7: No justification was used.

(5) Prior Contracts Using Full and Open Competition: W15QKN-13-D- 0069 was awarded to USI on 12 June 2013. This is the only prior contract that reflects the consolidated requirements delineated as part of the sole source effort and the planned follow-on competitive IDIQ contract.

(6) Explanation of Unusual Patterns: None.

(iii) (1) Contract No.: W15QKN-13-D-0069-0011 modification 03 to extend PoP, award date 27 October 2017

(2) Competitive Status: Sole-Source

(3) Previous J&A Authority: FAR 6.302-1(a)(2)(iii)(B)

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(4) Summary of Previous Justification Paragraph 7: “A new competitive acquisition was issued on 17 February 2017 for CLS support. However, due to a GAO protest, performance under the new contract was stopped. As such, competition is not anticipated for this extension of the existing task order. The Government plans to competitively acquire future CLS requirements” contract that reflects the consolidated requirements delineated as part of the sole source effort and the planned follow-on competitive IDIQ contract.

(6) Explanation of Unusual Patterns: None.

(7) Summary of the Circumstances Justifying Previous Procurement:

This modification extended the period of performance (POP) by an additional four (4) months from 28 October 2017 to 28 February 2018.

This action was required to ensure uninterrupted CLS for the entire family of PM CCS systems in CONUS, OCONUS, and Theater locations due to a GAO protest challenging the award of the new CLS contract W15QKN-17-D-0065.

(iv) (1) Contract No.: W15QKN-13-D-0069-0011, award date 27 April 2017

(2) Competitive Status: Sole-Source

(3) Previous J&A Authority: FAR 6.302-1(a)(2)(iii)(B)

(4) Summary of Previous Justification Paragraph 7: “Actions to Increase Competition: Competition is not anticipated for this action.

However, future competition will be achieved through a new competitive, Small Business Set-Aside, ID/IQ contract scheduled to be solicited on www.fedbizopps.gov in February 2017.

contract that reflects the consolidated requirements delineated as part of the sole source effort and the planned follow-on competitive IDIQ contract.

(6) Explanation of Unusual Patterns: None

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The J&A was necessary to extend the ordering period of the IDIQ year three (3) from 13 June 2016 to 15 May 2017 to allow for issuance of a new task order (0011) bridge with a period of performance of 29 April 2017 to 28 October 2017. Extending the base ordering period and issuing the new task order provided uninterrupted support to CONUS /OCONUS and Theater locations while also giving the new Contractor thirty (30) days after contract award to assume responsibility of all required locations.

(v) (1) Contract No.: W15QKN-13-D-0069, award date 12 June 2013

(2) Competitive Status: Competitive, Small Business Set-Aside

(3) Previous J&A Authority: N/A

(4) Summary of Previous Justification Paragraph 7: No justification was used.

(5) Prior Contracts Using Full and Open Competition: None

(6) Explanation of Unusual Patterns: None

(b) Other facts: None

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: Robert C. Wisser Date:

Title: Chief, Business Division Project Manager, Close Combat Systems Signature:

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.

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Typed Name: Robert C. Wisser Date:

Title: Chief, Business Division Project Manager, Close Combat Systems Signature:

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. This determination will be made using a cost analysis. Certified cost or pricing data will not be required for the extension of the period of performance extension to Task Order 0011 as the current labor rates were previously negotiated and found fair and reasonable.

Typed Name: Tina G. Gopon Date:

Title: Contracting Officer Signature:

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

Typed Name: Tina G. Gopon Date:

Title: Contracting Officer Signature:

Approval

Based on the foregoing justification, I hereby approve the bridge modification to Contract No. W15QKN-13-D-0069 Task Order 0011 to extend the period of performance to 30 November 2018 on an other than full and open competition basis pursuant to the authority of Title 10 United States Code (U.S.C.) Section 2304(c)(1) as implemented by Federal Acquisition Regulation (FAR) Part 6.302-1, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, subject to availability of funds, and provided that the services or property herein described have otherwise been authorized for acquisition.”

BETH-ANN MENDELL

Advocate for Competition Army Contracting Command-New Jersey