JA3WeekNET_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 U.S. Army requests approval for a three (3) week follow-on bridge modification to contract W15QKN-11-C-0157, Charles F. Day & Associates (C.F. Day) of Stafford, VA.

b. This new requirement will be a follow-on contract modification to the current Firm Fixed Price contract, W15QKN-11-C-0157 to bridge the effort between this current contract and the new competitive contract. The total estimated value of this modification will increase the ceiling value of the current contract by . The total current contract value will change from . The period of performance for this effort is three (3) weeks after contract award.

c. These New Equipment Training (NET) and Field Service Representatives

(FSR) instructors are required to conduct training and support for the Hawaii fielding of the M777A2 and M119A2 digitized howitzers and the Improved Position and Azimuth Determining System (IPADS). The total estimated value of this effort is . This procurement will utilize FY14 Army Procurement (WTCB), Foreign Military Sales (FMS), and Operations Maintenance Marine Corps (OMMC).

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, M119A2, and IPADS programs.

b. Twelve (12) Support Personnel (Two (2) Survey Specialists, one (1) HB

Liaison, one (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 M119A2, 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. One (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.

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)(ii)(B), One Responsible Source and no other supplies or services will satisfy the agency requirements. Services are deemed to be available only from the original source in the case of a follow-on contract 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.

5. REASON FOR AUTHORITY CITED:

The following provides rationale under the authority of FAR 6.302-1(a)(2)(ii)(B) for the three (3) week extension of the above labor categories from C.F. Day noted in Section 3.

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 M119A2 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, M119A2, D-30, IPADS and the

M109 howitzers. These skills are absolutely essential for the performance of NET duties, as well as FSR duties.

a. FAR 6.302-1(a)(2)(ii)(B); Award to any other source would result in unacceptable delays in fulfilling the agency’s requirement due to the estimated three (3) months necessary for new personnel to become experts in the M777A2, M119A2, and IPADS operations, maintenance, and tactical operations of the system. Full coverage and support is necessary for the Hawaii fielding. This three (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. New personnel will most likely need to be extensively trained in order to achieve the same level of NET proficiency currently exhibited by C.F. Day personnel. The three (3) month timeframe would consist of 3 months for them to be able to train new NET and FSR personnel. 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. 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.

b. In addition to the unacceptable delays, there is performance risk associated with having another contractor provide this support. It would be unmanageable to have NET and FSR services conducted by more than one contractor on the same items at the same time. Accountability for services would be lost and the efficiency of the entire NET and FSR effort would suffer dramatically, resulting in decreased operational effectiveness of all the trained units.

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

(i)

This conclusion is supported by the following information:

(ii) Schedule Risk: As stated above in paragraph 5, 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 M119A2 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 will result in a six (6) month delay in providing this support.

(iii) Cost Risk:

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 the Hawaii fielding.

(iv) Performance Risk: 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, M119A2 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.

(v) Conclusion: Full and open competition would present an unacceptable level of schedule, cost, 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)(ii)(B), will be published in FedBizOpps upon approval of this J&A document. Responding firms will be evaluated and considered for potential competition.

b. Effective competition is not anticipated since only C.F. day possesses the requisite level of expertise and experience to support the mission on such a short timetable. However, any firms that respond will be evaluated and considered as to their capabilities to fulfill the Government’s need for this service.

7. ACTIONS TO INCREASE COMPETITION:

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.

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 AUSA occurring in October of 2013 and continuing discussions on several projects. Additionally, literature research confirms the capabilities that are offered by the vendors.

However, only C.F. day is capable of performing the necessary work due to the timeframe of implementation as this extension is in the middle of a fielding. There will be suitable competition for the follow on effort, and it will be solicited as a Service Disabled Veteran Owned Small Business Set-Aside.

9. INTERESTED SOURCES:

a. To date, no other sources have contacted the Government to express an interest.

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 Contractor: Charles F. Day & Associates Award Date: 28 May 2008 Competition Status: Full & Open Competition, SDVOB set-aside.

2. Contract Number: W15QKN-11-C-0157

Contractor: Charles F. Day and Associates Award Date: 30 June 2011 Competition Status: Full & Open Competition, SDVOB Set-Aside

3. Contract Number: W15QKN-11-C-0157 P00006

Award Date: 27 April 2012 Competition Status: Sole Source J&A Authority 10 U.S.C. 2304(c)(1); FAR 6.302-1(a)(2)(iii), Only one responsible source and no other supplies or services will satisfy agency requirement

4. Contract Number: W15QKN-11-C-0157 P00012, Award Date 20 February 2013 Competition Status: Sole Source J&A Authority: 10 U.S.C. 2304(c)(1); as implemented by FAR 6.302- 1(a)(2)(iii)(A)&(B), Only one responsible source and no other supplies or services will satisfy agency requirement

This J&A was for the procurement of additional personnel including nine (9) additional NET instructors, two (2) Equipment Specialists, 1 Logistic Clerk, and 1 OCONUS M777A2 Field Service Representative’s to support PM Towed Artillery Systems (PM TAS).

These additional personnel are required to conduct training and support previously unplanned and unscheduled fielding’s of the M777A2 and M119A2 digitized howitzers.

Below is a summary of Paragraph 7 from the J&A approved on 14 December 2012:

If future FSR and Net Support for PM TAS products are 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, M119A2 system, and IPADS system, recruiting and identifying personnel to PM TAS in the near to mid-term.

b. Acquisition Data Availability: N/A 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.

c. Unusual and Compelling Urgency: This is not applicable to this contract action as FAR 6.302-2 is not being cited as the authority for other than full and open competition.

d. Subcontracting Competition: 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.