3WeekFS_Redacted.pdf

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. CONTRACTING ACTIVITY:

The U.S. Army Contracting Command- New Jersey

2. DESCRIPTION OF ACTION:

a. The proposed contract action is a modification of contract W15QKN-11-C-0157 to provide a three (3) week extension for the New Equipment Training (NET) team to continue and to ensure other services are not broken while the follow-on competitive contract is being awarded. It is to be funded with FY 15 Army Procurement (WTCV), Foreign Military Sales (FMS), and Operations Maintenance Marine Corps (OMMC) dollars.

b. W15QKN-11-C-0157 was awarded on June 30, 2011 with a period of performance of 3 years. P00026 extended the period of performance for an additional six (6) months under the authority of FAR 52.217-8. P00031 extended the period of performance for an additional 3 weeks under the authority of FAR 6.302-1(a)(2)(iii)(B) to bridge the effort between the current contract and the new competitive requirement. This modification will extend the contract by an additional 3 weeks in order to maintain NET support during t currently in progress, prior to the execution of the new competitive NET.

Estimated award of this extension is valued at This contract modification will increase the current contract value by

The contract will be Firm Fixed Price (FFP).

c. The proposed Other than Full and Open Competition Contracting strategy is a sole source contract to Charles F. Day & Associates (C.F. Day), 75 Barrett Heights Road, Suite 305, Stafford, VA 22556 – 8045.

d. An Acquisition Plan is not applicable as this requirement does not meet the dollar threshold prescribed in Defense Federal Acquisition Regulation Supplement (DFARS) 207.103(d)(i)(B).

3. DESCRIPTION OF SUPPLIES/SERVICES:

The Program Manager Towed Artillery Systems (PM-TAS) requires a three (3) week extension of:

a. 20 Operator NET Instructors, five (5) Maintainer NET Instructors, four (4) IPADS NET Instructors, 4 Fire Control NET Instructors, and 4 Fire Direct Control NET Instructors that will develop plans of instruction and conduct training classes in proper maintenance operations and procedures for assigned systems; perform maintenance and/or related Table of Equipment (TOE) items; provide specialized ordnance and/or electronic information as an Integrated Logistics Support (ILS) in support of the M777A2, M119A3, and IPADS programs.

b. Twelve Support Personnel (Two (2) Survey Specialists, one (1) HB Liaison, 1 Program Manager, 5 Equipment Specialists (Ft. Sill) and three (3) Equipment Specialists (Yuma)) will aid the NET instructors by coordinating shipping, receiving and tracking of all the parts, equipment and training materials needed for the M119A3, M777A2 and IPADS testing and fielding efforts. They will also maintain inventories of all NET equipment to include repair parts, tool kits and special tools.

c. 1 Australia Field Service Representative will conduct field studies and perform necessary technical research and investigations on deficiencies and malfunctions reported from the field, prepare recommendations for correction of deficiencies reported on design and manufacturing. The FSR will provide specialized information concerning assigned small/large caliber systems/subsystems to those who design, test, produce, operate, maintain, and store finished items and provide technical assistance to units. Without this extension, there would be a break in service for the Australian Army.

4. AUTHORITY CITED:

The Authority cited is 10 U.S.C. 2304(c)(1), Only one responsible source and no other supplies or services will satisfy agency requirements, as implemented by FAR 6.302- 1(a)(2)(iii)(B).

5. REASON FOR AUTHORITY CITED:

The following subparagraphs provide rationale under the authority of FAR 6.302- 1(a)(2)(iii)(B), only one responsible source and no other supplies or services will satisfy agency requirements. Paragraph 6.302-1(a)(2)(iii) applies when the agency’s need for the 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 (B) unacceptable delays in fulfilling the agency’s requirements.

a. C.F. Day is currently the provider of the NET services, Contract Number:

W15QKN-11-C-0157. C.F. Day is the only contractor that can provide NET personnel for the immediate LW155 requirement and maintain the continued support through the end of the . C.F. Day has NET and FSR teams of approximately 50 people providing various operation, maintenance, and fire control training to M777A2 Marine Corps and Army troops, and M119A3 Army troops in CONUS as well as OCONUS locations. They have been providing support to the LW 155 Howitzer program since January 2006. C.F.

Day retains personnel to perform any tasks related to the training of personnel on the proper operation and maintenance of the howitzer, whether it is related to the howitzer itself, the optical fire control, the digital fire control, or the way the digital fire control communicates with the Fire Direction Center. Many of C.F. Day’s current personnel have experience with multiple artillery systems, including the M777A2, M119A3, D-30, IPADS and the M109 howitzers. These skills are absolutely essential for the performance of NET duties, as well as FSR duties.

b. FAR 6.302-1(a)(2)(iii)(B); Unacceptable delays: Award to any other source would result in unacceptable delays in fulfilling the agency’s requirement due to the Government granting an extension on proposal submission for the current Full and Open competitive NET contract. The award for the competitive NET contract is set for second quarter of fiscal year 2015. This 3 week extension will ensure there will be no gap in support between the transition period of the end of the current contract and the implementation of the new Full and Open award and to continue the support for the

Should a new contractor win the competitive solicitation, new personnel will need to be extensively trained in order to achieve the same level of NET proficiency currently exhibited by C.F. Day personnel. Additionally, full coverage and continued support is necessary for a fielding to the Army that is scheduled to begin prior to the competitive contract award. The new awardee will not be able to conduct the fielding as it is expected that the new awardee will not be able to begin performing in the field .

There is an estimated gap for individuals recruited that are currently working in the field to become new employees and a estimated for new personnel to become experts in the M777A2, M119A3, and IPADS operations, maintenance, and tactical operations of the system. The

A new contractor would be required to provide training in these systems, however, will have no immediate access to them. This delay is not acceptable as the fielding needs to sustain support until the new contract is executed and a transition of the effort can begin. The increased potential for mission delay or failure, as well as the increased potential for loss of life, is of critical concern in this instance as these gun systems are increasingly relied upon by the Warfighter for their lethality and ability to provide highly effective firepower support to fielded units.

c. Analysis of Alternatives to Other Than Full and Open Competition:

(i)

(ii) Requirements: The purpose of this effort is to provide continued NET and

FSR support for until the new competitive requirement can be awarded. Since C.F. Day already provides all of the personnel performing these services, awarding a contract to another contractor to provide the same services on the same systems would create an unwieldy and unmanageable situation pertaining to accountability.

Additionally, C.F. Day will provide cross-trained personnel who can support NET for M777A2, M119A3 and IPADS fielding events. Efficiencies would likely decline due to this accountability problem, and managing the entire effort would be considerably more difficult. A sole source award to C.F. Day is the only way to avoid this problem.

(iii) Schedule: As stated above in paragraph 5b, no other contractor can provide NET personnel for the immediate LW155 requirement. C.F. Day has NET and FSR teams of approximately 50 people providing various operation, maintenance, and fire control training to M777A2 Marine Corps and Army troops, and M119A3 Army troops in CONUS as well as OCONUS locations.

They have been providing support to the LW 155 Howitzer program since January 2006. It is estimated that award of a contract to another contractor to provide this support . As there has been an extension to the proposal due date for the current competitive solicitation, and the need for full support for , it is critical to support the current contract with sole source award to C.F. Day.

(iv) Cost:

It is not feasible to acquire an alternative NET team support for a three (3) week period and would necessitate a duplication of management structure for the contractor to ensure qualified and credentialed personnel are available to support the fielding event. A competitive contract will be awarded to provide NET services following the Period of Performance for this extension.

No other contractor can provide NET personnel for the immediate LW155 requirement to support

(v) Conclusion: Full and open competition would present an unacceptable level of schedule, and performance risks. As a result, a sole source award to C.F. Day is the only alternative that will satisfy this requirement. Award to any other contractor would cause a significant delay in schedule and would, during this critical time, severely impact fielding of howitzers to the Army and Marine Corps.

6. EFFORTS TO OBTAIN COMPETITION:

a. As required by FAR 5.201, the pre-solicitation notice, citing FAR 6.302- 1(a)(2)(iii)(B), will be published in FedBizOpps upon approval of this J&A document. Responding firms will be evaluated and considered for potential competition.

b. A new contract for NET is currently being competed under solicitation number

W15QKN-14-R-0137, with award in the second quarter of FY 2015. Until the award of this new contract, the current C.F. Day contract is needed to bridge all efforts during that time period. It is imperative to have support for all fieldings and to ensure a smooth transition from one contract to the next.

7. ACTIONS TO INCREASE COMPETITION:

The current planned contracting strategy is a Full and Open competition for award in second quarter of FY 15. The solicitation for this effort was posted in early October 2014.

8. MARKET RESEARCH:

During the last twelve (12) months from March 2013 through March 2014 the Government canvassed the domestic and foreign industries for potential New Equipment Training sources. The Government maintains constant communication with these companies concerning similar projects and has knowledge of each company’s capabilities through meetings, visits, such as the Association of the United States Army (AUSA) occurring in October of 2013 and continuing discussions on several projects. Additionally, literature research confirms the capabilities that are offered by the vendors. There is suitable competition for the new competitive effort.

1) C.F. Day

Capable

C.F. Day is the incumbent vendor who has been providing NET and FSR support since 2006. C. F. Day has previous experience required and is able to perform the continued support as the current contract is scheduled to end in the middle of a fielding.

9. INTERESTED SOURCES:

a. Currently, there is a competitive source selection (solicitation number W15QKN- 14-R-0137) occurring for continuing NET services.

b. Notices required by FAR 5.201 shall be published and any bids or proposals received shall be considered.

10. OTHER FACTS:

a. Procurement History:

(1) Contract Number: W15QKN-08-C-0234 Award Date: 28 May 2008, W15QKN- 11-C-0157 Award Date: 30 June 2011, W15QKN-11-C-0157 P00006 Award Date:

27 April 2012, P00012 Award Date: 20 February 2013, P00031 Award Date: 14 December 2014

(2) Competitive Status: W15QKN-08-C-0234 & W15QKN-11-C-0157 Full & Open Competition, SDVOB set-aside, W15QKN-11-C-0157 P00006, P00012, and P00031 sole source to C.F. Day

(3) Authority: FAR 6.302-1; One Responsible Source

(4) Summary of Section 7: W15QKN-11-C-0157 P00006, P00012 - The current planned contracting strategy is a sole source contract award to C.F. Day for additional NET and FSR personnel. This is the last procurement planned for this service. Nevertheless, if future FSR and Net Support for the LW 155mm Howitzer is required, the market will be evaluated to see if any alternative sources exist. It is not envisioned that any new company will be able to effectively provide this unique level of support which consists of learning about the design, operation, and maintenance of the M777A2 system, M119 system, and D-30 system, recruiting and identifying personnel to PM TAS in the near to mid-term. W15QKN-11-C-0157 P00031 - The current planned contracting strategy is a Full and Open competition for award in early FY 15. The solicitation for this effort was posted in early October 2014.

(5) The circumstances that caused this action to now limit the sources was based on the addition of more personnel to cover additional fieldings during the period of performance that were unknown at the time of award.

(6) No unusual patterns exist in the history of this requirement.

(7) The previous J&As were approved using the same authority FAR 6.302-1.

There have been no significant changes to the procurement strategy since the previous procurement. There is currently a source selection taking place to award a new competitive contract.

b. Other facts:

There is currently a source selection taking place to award a new NET contract.

While there is technical data available for each system that C.F. Day supports, there is no specific technical data to cover the service. C.F. Day performs their work in accordance with a Performance Based Statement of Work.

Subcontracting competition by the prime contractor is maximized by the Contracting Officer through publication of the solicitation notice required by FAR 5.201 and the contract includes FAR Clause 52.244-5 entitled “Competition in Subcontracting.”

11. TECHNICAL CERTIFICATION: I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief.

12. REQUIREMENTS CERTIFICATION: I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief.

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.

The resulting proposal will be subjected to a formal technical evaluation, cost/price analysis, and comparison to the Independent Government Cost Estimate (IGCE) that will be used to determine the anticipated cost are fair and reasonable. In addition, certified cost and pricing data will be required.

14. PROCURING CONTRACTING OFFICER CERTIFICATION: I certify that this J&A is accurate and complete to the best of my knowledge and belief.

APPROVAL

Based on the foregoing justification, I hereby approve the additional 3 week extension for NET / FSR services for PM TAS support on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 2304(c) (1), subject to the availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

APPROVAL