RedactedACC13036.pdf

CMO Control N0.:13-036

Department of the Army Limited Source Justification

Multiple Award Task Order Contract

1. Contracting Activity: Army Contracting Command-Warren (ACC-WRN) is the procuring activity for this action.

2. Description of Action: This Limited Source Justification authorizes the use of an exception to the fair opportunity process for ACC-WRN. ACC-WRN proposes to modify OMNIBUS III blanket purchase agreement (BPA) W56HZV-09-A-A902 task order 0010 to extend the period of performance and increase the contract value. Task order 0010 was awarded 26 August 2011 to The Tolliver Group, Inc. (TTGI) for professional engineering services developing technical manuals (TM). TTGI is currently performing task order 0010 on a firm-fixed price, level of effort (FFP LOE) term basis. The proposed modification will be awarded on a firm-fixed price basis and will extend the current task order by 31 months and will increase the task order value by $1.97 million, from ($1.88 to $3.85 million). Fiscal year 2012 Other Procurement, Army (OPA) funds will be used for this effort.

3. Description of the Supply or Service Purchased: Under task order 0010, the Government acquired 37,808 labor hours for TTGI to develop TMs in support of Product Manager, Assured Mobility Systems (PdM AMS) Area Mine Clearing System (AMCS).

The AMCS provides the capability to safely and quickly clear open ground of land mines while minimizing the risk to Soldiers conducting area clearance operations in a military environment. The vehicle system is capable of removing antipersonnel (AP) mines, anti-tank (AT) mines, and unexploded ordnances (UXO). The AMCS is intended primarily for clearance of mines detonated by pressure and consists of a manually controlled, self-powered vehicle with an adjustable-depth powered flail head and an armored cab for the crew. The Government requires the services of TTGI to complete the TM development for the AMCS, in order to meet Full Material Release of the system to Soldiers. TTGI has been unable to complete all three manuals with the number of hours originally provided under task order 0010. Under this modification, the Government is proposing to extend the period of performance, increase the task order value, and restructure the task order as a firm fixed price contract type based on an estimate of 29,120 labor hours in order to complete the Maintenance Manual (TM 9-2355-407-23) and the Parts Manual (TM 9-2355-407-23P). The estimated total value of this proposed modification is $1.97 million for an additional 31 months to complete the TMs by 31 July 2015.

4. Authority Cited:

a. 40 U.S.C. 501 and FAR 8.405-6. This acquisition is conducted under the authority of the Multiple Award Schedule Program and FAR 8.405-6(a)(1)(i)(C),“In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in

CMO Control No.:13-036 Task Order W56HZV-09-A-A902-0010 accordance with the applicable Federal Supply Schedule ordering procedures. The original order or BPA must not have been previously issued under sole-source or limited-sources procedures.”

b. In accordance with DFARS 208.405-70(b), the Government determines that in addition to FAR 8.405-6(a)(1)(i)(C), the circumstance found in FAR 16.505(b)(2)(i)(C) also exists, “The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.”

5. Reason for Authority Cited:

a. The new work under the proposed modification will be awarded on a sole-source basis, as it is a logical follow-on to an original GSA order, task order 0010.Task order 0010 was placed in accordance with GSA ordering procedures and was not previously issued under sole-source or limited-sources procedures. At the time of original order award, all 16 OMNIBUS III BPA holders were given a fair opportunity to be considered for the task order award. Accordingly, so long as the logical follow-on is in the interest of economy and efficiency, it will satisfy the conditions set forth in FAR 8.405-6(a)(1)(i)(C).

b. This sole-source logical follow-on modification is in the best interest of efficiency because TTGI already has the engineering knowledge and technical expertise required to efficiently continue providing the services necessary to support the development of the Maintenance Manual (TM 9-2355-407-23) and the Parts Manual (TM 9-2355-407-23P) for the AMCS. Under task order 0010, TTGI contributed to the refinement of the Maintenance Allocation Chart (MAC), Maintenance Analysis (MA), and developed the hydraulic and wiring schematics for the Maintenance TM working with the Original Equipment Manufacturer (OEM). The MAC and the MA are the foundation of the sustainment support requirements for the life of the system. These documents are continuously evolving during TM development and TTGI is collecting that data. TTGI’s knowledge of the development and refinement history, and expertise in continuously developing this crucial data cannot be reproduced with a new contractor.

c. This sole-source logical follow-on modification is in the best interest of economy because TTGI’s has completed development of the Operator’s Manual. In development of the Operator’s Manual, functional group coding and initial architecture has been developed for the Maintenance and Parts Manuals, which must remain identical in both manuals.

d. TTGI has experience working with the AMCS system and its operation. The AMCS system has not been previously supported by the U.S. Army. Due to its complexity, any contractor except TTGI would require operational and maintenance training. This training is provided by the Government new equipment training team and is six weeks long and at least six months of system exposure to become familiar with its operation and support requirements to gain efficiency with the system. The new contractor would then require additional time to acquire the knowledge in development of the MAC, MA, and hydraulic and wiring schematics and time to actually develop the TMs. In total, the delay would stop the development of the TMs for at least 20 months and further delay the scheduled Full Materiel Release of the AMCS vehicle. This delay is unacceptable and severely impacts support to the Soldier. TTGI possesses the experience to efficiently complete the manuals with the additional funds and extended period of performance. It is logical to limit sources to TTGI due to the economic efficiencies that will be achieved in completing the manuals because of its experience, progress thus far, and system knowledge. The progress thus far on all three manuals and the experience on the operation of the system are crucial to the continuation and completion of the TMs for the AMCS vehicle without delaying the Full Materiel Release.

i. The AMCS Full Materiel Release is scheduled for February 2014. Material release is the process used to ensure that Material (AMCS) is safe for Soldiers when operated within stated parameters, is suitable, has been fully tested, and meets operational performance requirements, and can be supported logistically within the environment it is intended to be operated in. TMs are required for Full Material Release per AR 700-142. TTGI possesses the experience to continue TM development efficiently to meet the schedule for Full Material Release. If awarded to a different contractor, all TM development would stop until the new contractor could become familiar with the systems operation and support requirements per the timeline outlined above.

ii. The Government does not have the opportunity to purchase all of the necessary engineering and technical data from the OEM, Hydrema, to support the AMCS vehicle TM development. The OEM will not sell the technical data to the Government but has been working with TTGI on the development of the TMs.

The ability of the Government to obtain or provide proprietary data from the OEM is severely limited, making it critical to have the knowledge TTGI contributed to the development of the MAC, MA, and hydraulic and wiring schematics for the TM development in working with the OEM.

iii. During performance, the Government realized the original estimated amount of hours to perform TM development was extremely low due to vehicle characteristics unknown to the Government at time of award. These unknown characteristics (complexity of operation, co-dependencies of the subsystems, and complexity of the hydraulic and electrical subsystems), troubleshooting tasks, and development of wiring schematics, has caused a delay in TM development. Because of these unknown characteristics, difficulty in developing the technical manuals has exhausted the hours originally estimated. As a result of the unknown characteristics and TM development difficulties, a 100% hands on validation will be required from TTGI. Every part on the system must be physically removed and replaced to validate the accuracy of the manual. Due to the delays and 100% hands on validation, the 16 month extension is required for TTGI to complete the TMs.

6. Market Research: The PdM AMS office continues to actively seek out using internet research to determine if other contractors have TM development capabilities, are readily available, and can immediately meet our requirements for the continued the development of the AMCS TMs. In November 2012, the PdM AMS Contracting Officer’s Representative (COR) contacted AM General, LLC and XMCO, Inc., two local service providers currently providing similar services for TM development. The market research resulted in confirmation that both of these contractors have the capability to provide these services, but neither have knowledge nor experience on the operation of the AMCS to perform the required development of the TMs at this time. Market research at this time has found no other contractor capable to complete the TMs with the experience or knowledge on the AMCS without significantly duplicating costs or delays.

7. Other Facts: To date, there have been no negative performance issues with TTGI.

8. Actions to Increase Competition: The logical follow-on exception permits the continuation of service to the incumbent on the basis of economy and efficiency, therefore, no actions were taken to increase competition for this immediate requirement.

However, future requirements for TMs will be competed under the OMNIBUS III multiple award schedule BPA as much as practicable.

9. Technical Certification: I certify that the supporting data under my cognizance, which are included in the justification, is accurate and complete to the best of my knowledge and belief.

E-Signed by KUBIK.JEFFREY.J.1230500092 VERIFY authenticity with ApproveIt

Friday, 16 November, 2012

Jeffrey J. Kubik Assistant Product Manager, Sustainment Systems Assured Mobility Systems

Date

10. Requirements Certification: I certify that the supporting data under my cognizance, which are included in the justification, is accurate and complete to the best of my knowledge and belief.

E-Signed by KUBIK.JEFFREY.J.1230500092

Friday, 16 November, 2012

Jeffrey J. Kubik Assistant Product Manager, Sustainment Systems Assured Mobility Systems

11. Contracting Officer’s Best Value Determination: I hereby determine that this logical follow-on task order represents the best interest of the Government to meet its needs. In accordance with FAR 15.403-1 (b)(5), Certified cost or pricing data is not required for this commercial services modification.

E-Signed by MCMILLAN.RYAN.J.1285888146

Thursday, 29 November, Ryan J. McMillan Contracting Officer

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

E-Signed by MCMILLAN.RYAN.J.1285888146

Thursday, 29 November, Ryan J. McMillan Contracting Officer

Approval of Limited Source Justification

Based on the foregoing justification, I approve the procurement to acquire professional engineering service support of the Area Mine Clearing System (AMCS) Technical Manual (TM) development for an additional 31 months, on an other than full and open competition basis. This approval is made pursuant to the authority of 40 U.S.C. 501, at a total estimated amount of $1.97 million for these services. This approval is subject to the availability of funds, and provided the services and property herein described have otherwise been authorized for acquisition.

E-Signed by SHEPHERD.LARUTH.1230673116

Date:____________________ Signature:_______________________________

LA RUTH SHEPHERD

Competition Advocate