RedactedACC1588.pdf

CMO Control# 2012-093

DEPARTMENT OF THE ARMY

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

CONTRACT NUMBER: W56HZV-12-C-B006

1. Contracting Activity: The United States Army Contracting Command - Warren, 6501 E. 11 Mile Road, Warren, MI 48397-5000 is the procuring activity for this action.

2. Description of Action: This action is requesting approval to award a new Cost Plus Fixed Fee (CPFF) contract to TJ FIG, Inc., 855 Performance Drive, Stockton, CA 95206-4974 for an urgent procurement of support services for Fielding, Deployment, Retrofit, Reset and Battle Damage Assessment Repair for Stryker Brigade Combat Teams (SBCT BDAR). The effort will utilize Fiscal Year 12 PAA and OMA funds.

3. Description of Supplies/Services: This acquisition is to procure Stryker Brigade Combat Team Support Services for Fielding, Deployment, Retrofit, Reset and Battle Damage Assessment Repair in the amount of $750,000. Work is accomplished at various Continental United States (CONUS) and Outside Continental United States (OCONUS) locations. The CONUS effort consists of Inventory Management of Government tools and equipment, maintenance of the four

(4) maintenance shelters and five (5) re-locatable office trailers, and Stryker vehicle transport and offloading. The OCONUS effort consists of facility support services, production equipment support services, and tool/material management services. A Cost Plus Fixed Fee (CPFF), thirty

(30) day base contract estimated at $187,500 with three (3), thirty (30) day option periods; each estimated at $187,500 for a potentional maximum period of performance of 120 days; $750,000 is contemplated.

4. Authority Cited: The statutory authority permitting other than full and open competition for this action is 10 USC 2304 (c) (2), as implemented by FAR 6.302-2 “Unusual and Compelling Urgency”. Specifically, FAR 6.302-2(a)(2) provides that when an agency’s need for the supplies or services is of such an unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals, full and open competition need not be provided for.

5. Reason for Authority Cited: Project Management Office Stryker Brigade Combat Team has an urgent need for the support services described above. These services must be procured by the quickest means possible and full and open competition will not achieve timely acquisition of these vital services. The rationale for citing urgency follows.

a. Description of Urgent Requirement: This requirement for support services was competed among 8(a) contractors under W56HZV-11-R-B033 in 2011. An informal source selection was conducted and contract W56HZV-12-C-B005 was awarded to TJ FIG on 27 January 2012. An unsuccessful offeror filed a protest on 14 February 2012 and a Stop Work Order is in place. As a result of the Stop Work Order, there is an urgent need to continue the combat capability of Stryker Brigade Combat Teams both CONUS and OCONUS by providing the following: (1) support, maintenance, repairs and modifications to temporary facilities before, during and after retrofit and reset programs and (2) equipment, materials, and labor in support of SBCT Program Customers.

b. Proposed Schedule: This proposed bridge contract with the incumbent contractor, TJ FIG, will provide the urgently required services for up to 120 days. (30-day basic contract with 3 30-day options), pending resolution of the protest or lifting of the Stop Work Order. The base thirty (30) day period of performance will begin immediately upon contract award so as to prevent any further lapse in service. TJ FIG, as the incumbent contractor, is the only contractor who can get this effort done in an urgent fashion and they are already in place, both CONUS and OCONUS, ready to perform.

Harm to the Government if these support services are not provided: If the Government were to put another contractor in place to provide the OCONUS services, it would take at least two (2) weeks for the contractor to obtain the appropriate passports and visas to even deploy to Qatar. TJ FIG is also currently responsible for all inventory of materials in Qatar; therefore in order for a new contractor to be able to perform an appropriate accountability of all materials, an entire inventory would be required, potentially taking another 1-2 weeks .Without the required OCONUS support services, the health and welfare of Stryker soldiers will continue to be at serious risk. Army combat units in Afghanistan will be delayed in receiving replacement Stryker vehicles for those vehicles lost as a result of enemy action. Repair of battle damaged Strykers will continue to be halted. The repair of battle damaged vehicles at the Battle Damage Repair Facility in Qatar is currently the only source for replacement Stryker vehicles for units in combat that have sustained a battle loss. With the current number of damaged vehicles undergoing repair assessment at unit locations, the remaining replacement vehicles in Afghanistan will soon be issued, leaving zero replacements for some Stryker variants.

The Stop Work Order has already halted repair of seven (7) Stryker replacement vehicles destined for Afghanistan. Lack of these vital services will only further delay the availability of replacement vehicles for combat in Afghanistan. The lack of Stryker replacement vehicles and other mission essential equipment increases the risk of severe injury or loss of life to the soldier.

Due to the unique skill set of the TJ FIG CONUS employees, it could potentially take up to 4-6 months for another contractor to provide all the services necessary to successfully perform the CONUS effort. Even obtaining the proper FEDLOG and PBUSE data base access requirements would take a several weeks. Without the required CONUS support services, the planning and coordination of Stryker Fielding schedules and activities for two Stryker brigades will be halted and management of the movement of Strykers to and from Joint Base Louis McCord (JBLM) by commercial transport will continue to be degraded. Inventory and issuance of all Stryker related technical manuals and bulletins to Army units from JBLM will also continue to be halted, thus limiting the ability of units to operate and maintain their Stryker vehicles. The scheduling and coordination of Stryker vehicle operator training for deploying units will be severely degraded. Stryker vehicles are instruments of war. Soldiers need Stryker vehicles to fight the war and need these vehicles fielded to them so they can train and maintain proficiency in operating and sustaining these systems in combat. Going even one more day without these services would result in the Government not being able to provide the warfighters with the weapon systems and transportation they need to be effective and victorious in combat, ultimately resulting in crew injury and/or death.

6. Efforts to Obtain Competition: Synopsis is waived in accordance with 5.202(a) (2). Offers have been solicited from as many potential sources as possible under the unusual and compelling circumstances.

7. Actions to Increase Competition. This requirement was competed among 8(a) contractors under W56HZV-11-R-B033 in 2011. An informal source selection was conducted and contract W56HZV-12-C-B005 was awarded to TJ FIG on 27 January 2012. An unsuccessful offeror filed a protest on 14 February 2012 and a Stop Work Order is in place. This requirement will continue to be competed in future procurements and would have been competed for this specific requirement had it not been for the protest and stop work order. The Government is ordering the minimum requirements to meet the unusual and compelling urgency for this interim buy.

Additional requirements beyond what is needed to meet the urgent requirements shall be provided for under competitive 8(a) procedures.

8. Market Research: In March 2011, market research was conducted to locate vendors capable of providing CLS support services for Stryker Brigade Combat Teams. Research sources included Thomas Register, Small Business Administration, Yellow Pages, and other industry related periodicals. The results of this market research indicated there were other contractors capable of providing these support services; however, due to the urgent nature of this buy no other contractor would be able to provide these services in time to meet the requirement. Market research also revealed there is no commercial application for the Stryker armored vehicle.

Specific supporting engineering and technical services required by the Government for this requirement are not of a type offered and sold competitively in the commercial marketplace.

Requirements preclude application of customary commercial practices; therefore, such services would not be commercial in accordance with FAR 2.101(b).

9. Interested Sources: To date, no other sources have expressed an interest in this procurement.

Synopsis is waived in accordance with 5.202(a) (2).

10. Other Facts:

a. Procurement History: The U.S. Army awarded IDIQ Contract W56HZV-08-D-B001 for Contractor Logistics Support (CLS) to 8(a) contractor TJ Fig on 21 April 2008. The contract provided support for PM-SBCT customers at FLWA and other CONUS locations. Modification P00001, signed on 26 November 2008, added OCONUS locations to the Statement of Work. Delivery Order 0001, issued 21 April 2008, provided Sprung Shelter Maintenance. DO 0002, issued 22 December 2008, provided CLS for the Stryker Brigade Combat Team Battle Damage Assessment and Repair (SBCT BDAR) facility located in Doha, Qatar. DO 0003, awarded 4 March 2010, provided Logistics Support for Fielding, Deployment, Retrofit, and Reset for SBCT. DO 0004, awarded 09 April 2010, provided CLS for SBCT BDAR facility located in Doha, Qatar. DO 0005 was awarded on 30 December 2010 as a follow on to DO 0004 and expired 31 December 2011. DO 0006, a follow on to delivery order 0003 was awarded on 4 February 2011 and expired 31 January 2012. This requirement was competed among 8(a) contractors under W56HZV-11-R-B033 in 2011. An informal source selection was conducted and contract W56HZV-12-C-B005 was awarded to TJ FIG on 27 January 2012. An unsuccessful offeror filed a protest on 14 February 2012 and a Stop Work Order is in place.

b. Unusual and compelling urgency: Support services for Fielding, Deployment, Retrofit, Reset and Battle Damage Assessment Repair are essential in maintaining availability of Stryker vehicles for combat commanders in Afghanistan. Detrimental impacts including unavailability of vehicles, crew injury and/or death as well as negative impact to mission effectiveness/planning are possible if these services are not immediately available.

c. Subcontracting Competition: TJ FIG, Inc. is a small business concern; therefore, no subcontracting plan is required in accordance with FAR 19.702(b) (1).

The POC for this action is Rebecca Bernock, Contract Specialist, 586.282.7056

11/12. Technical/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.

Name: Catherine M. Doherty Date: 29 February 2012

Title: C, Stryker Operations & Fleet Management Signature: //s// Catherine M. Doherty

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. Cost analysis will be used to determine reasonableness. Certified cost or pricing data shall be required in accordance with FAR 15.403-4 (a).

Name: Robert Sinclair-Smith Date: 28 Feb 2012

Title: Contracting Officer Signature: //s// rss

14. Contracting Officer Certification:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Name: Robert Sinclair-Smith Date: 28 Feb 2012

Title: Contracting Officer Signature: //s// rss

APPROVAL OF JUSTIFICATION

FOR OTHER THAN FULL AND OPEN COMPETITION

Based on the foregoing justification, I hereby approve the procurement of Stryker Brigade Combat Team Support Services for Fielding, Deployment, Retrofit, Reset and Battle Damage Assessment Repair on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 2304 (c) (2) as implemented by FAR 6.302-2 “Unusual and Compelling Urgency”, subject to the availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition. The estimated value of this action, including all options, is $750,000.

_8 March 2012___________ Signature: _//signed//___________ Date LA RUTH SHEPHERD Competition Advocate