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- W911QX13R0018
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Control No. _____15-13_____
Justification Review Document For Other than Full and Open Competition
Program/Equipment: Extension to Indefinite Delivery/Definite Quantity (IDIQ) award W911QX-13-D-0003, for Vehicle Technology Services.
Authority: FAR 6.302-1(a) (2) (iii) Amount: $0.00
Prepared By:
Typed Name: {REDACTED} DSN: {REDACTED}
Title: Chief, Program & Plans Date: 01/21/2015
Procuring Contracting Officer:
Typed Name: Daniel J. Balizan DSN: {REDACTED}
Date Reviewed: 01/21/2015
Technical Representative:
Title: Chief Propulsion Div. Date Reviewed: 01/21/2015
Requirements Representative:
Title: {REDACTED} Date Reviewed: 01/21/2015
Legal Review: I have reviewed this justification and find it adequate to support other than full and open competition.
DSN: {REDACTED}
{REDACTED}
Justification and Approval For Other Than Full and Open Competition
1.a. Contracting Agency: U.S. Army Contracting Command – Aberdeen Proving Ground, Adelphi Contracting Division (CCAP-SCA), 2800 Powder Mill Rd, Adelphi, MD 20783
1.b. Requiring Agency: U.S. Army Research Laboratory (ARL), Vehicle Technology Directorate (VTD), (RDRL-VTD), Aberdeen Proving Ground (APG), MD 21005
2. Description of Action: Approval is requested to modify contract W911QX-13- D-00003 for an extension to the originally awarded ordering period for the indefinite delivery/indefinite quantity (IDIQ) contract awarded to Engility Corporation on 30 September 2013 with a ceiling amount of $9,679,179.29 on a cost plus fixed fee (CPFF) basis with an initial three (3) year ordering period available through 30 Sept. 2016. This request is only to extend the ordering period from 30 Sept 2016 to allow for two (2) additional years through 30 Sept 2018 for continuation and planning of the highly specialized services that Engility provides ARL-VTD to support research and development (R&D). Ordering for the first two years was delayed due to slippages in the milestone dates for the commissioning of laboratory equipment; that is, laboratory equipment has to be in place before research can commence. No changes will be made to the originally awarded ceiling amount. Engility provides experimental services for the ARLVTD platform mechanics, propulsion technologies, autonomous systems and vehicle analysis missions, specifically the standup, commissioning, and operation of the Vehicle Research Laboratory. This subject IDIQ award allows the Government to issue individual task order awards that provide the ARL-VTD with engineering services required to support the aforementioned missions and programs located at Aberdeen Proving Ground (APG), MD and other sites where ARL-VTD researchers conduct research.
3. Description of Supplies/Services The proposed acquisition is for a two (2) year extension to the ordering period of the base IDIQ award W911QX-13-D-0003. The originally awarded ceiling value amount will not change {REDACTED} {REDACTED} {REDACTED} {REDACTED} {REDACTED} {REDACTED} {REDACTED} {REDACTED}. Due to a slower than expected ramp up in the issuance of task orders after the contract was issued, the originally awarded ceiling value is determined to be sufficient to support two (2) additional years of ordering. There will be no change to the Performance Work Statement with no additional duties required as a result of the proposed modification. The extension of the ordering period is required to fulfill the service requirements that support the stand-up and commissioning of the
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{REDACTED} {REDACTED} facilities with ARL-VTD’s Vehicle Research Laboratory (VRL). Further, these task orders are complex and require long-lead planning. Based on the current ordering period end date of 30 September 2016, VTD cannot plan for performance {REDACTED} {REDACTED} {REDACTED} {REDACTED} {REDACTED} {REDACTED} {REDACTED}. This constraint is harming VTD’s ability to strategically map out requirements over the next three
(3) years.
These requirements include research and development, and experimental services for ARL-VTD’s platform mechanics, propulsion technologies, autonomous systems and vehicle analysis missions to include the standup, commissioning, and operation of the Vehicle Research Laboratory, a unique national research facility {REDACTED} {REDACTED} {REDACTED}
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The contractor has not been able to meet all of the requirements of the contract in the first three (3) years due to delays encountered in commissioning of laboratory equipment. {REDACTED} {REDACTED} {REDACTED} {REDACTED}
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4. Authority Cited:
The statutory authority permitting other than full and open competition is 10 USC 2304(c) (1) implemented by FAR 6.302, using the specific subsection authority selected below:
_X___(1) The property or services needed by the executive agency are available from only one responsible source and no other type of property or services will satisfy the needs of the executive agency;
____(2) The executive agency’s need for the property or services is of such an unusual and compelling urgency that the Federal Government would be seriously injured unless the executive agency is permitted to limit the number of sources from which it solicits bids or proposals;
____(3) It is necessary to award the contract to a particular source—
____(A) to maintain a facility, producer, manufacturer, or other supplier available for furnishing property or services in case of a national emergency or to achieve industrial mobilization;
____(B) to establish or maintain an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a Federally funded research and development center;
____(C) to procure the services of an expert for use, in any litigation or dispute (including any reasonably foreseeable litigation or dispute) involving the Federal
Government, in any trial, hearing, or proceeding before a court, administrative tribunal, or agency, whether or not the expert is expected to testify; or
____(D) to procure the services of an expert or neutral for use in any part of an alternative dispute resolution or negotiated rulemaking process, whether or not the expert is expected to testify;
____(4) The terms of an international agreement or treaty between the Federal Government and a foreign government or an international organization, or the written directions of a foreign government reimbursing the executive agency for the cost of the procurement of the property or services for that government, have the effect of requiring the use of procedures other than competitive procedures;
____(5) Subject to section 3105 of this title, a statute expressly authorizes or requires that the procurement be made through another executive agency or from a specified source, or the agency’s need is for a brand-name commercial item for authorized resale;
____(6) The disclosure of the executive agency’s needs would compromise the national security unless the agency is permitted to limit the number of sources from which it solicits bids or proposals; or
____(7) The head of the executive agency (who may not delegate the authority under this paragraph)—
(A) determines that it is necessary in the public interest to use procedures other than competitive procedures in the particular procurement concerned; and
(B) notifies Congress in writing of that determination not less than 30 days before the award of the contract.
5. Reason for Authority Cited:
Engility Corporation was awarded IDIQ contract W911QX-13-D-0003 as a result of a competitive solicitation posted under solicitation W911QX-13-R-0018.
Engility was determined to be the most advantageous offer in terms of technical capability, past performance, and price, and thus was awarded the IDIQ contract with a three (3) year ordering period. The requirements entail providing ARL-VTD with engineering services to support VTD’s mission and programs at Aberdeen Proving Ground (APG), MD.
ARL-VTD requires a two (2) year extension to the base award ordering period to allow ARL-VTD to receive the continuation of the highly specialized services that Engility has been providing ARL-VTD under the IDIQ award, {REDACTED}
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{REDACTED}. The contractor has had a three (3) year successful hands-on track record with the operational aspects of all sub-laboratories of the VRL. Failure to extend the ordering period for two (2) additional years would lead to severe degradation of VTD mission accomplishments, its commitments to its customers, and loss of technological advantage in the vehicle technology research community. Further, not extending the ordering period impedes planning and tasks for which the performance period is expected to run throughout the additional two (2) years of extension, thus negatively impacting current VTD missions and programs. The two (2) year extension would further enable Engility to ensure that these unique research facilities operate at maximum effectiveness and at full capacity. Engility is currently responsible for conducting regularly scheduled services that include; experimental facility preparation; work scheduling; hardware fabrication, installation, and setup; and test/experiment execution; equipment repair, inventory, and maintenance; instrumentation development and use; sample preparation and mechanical testing; data recording, reduction, and interpretation; and preparation and maintenance of data bases and archival systems, that support {REDACTED} {REDACTED}
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Engility Corporation has in depth knowledge and unique skill sets to perform the services required to fulfill VTD’s requirements since they have been providing the services under aforementioned task orders issued to date. It is determined that no other source is capable of meeting the Government’s requirements under the existing effort due to the intimate knowledge Engility has gained for the aforementioned ARL-VTD mission and programs. It is estimated that it would cost the Government over $11,000,000.00 in duplicated costs to re-compete the basic IDIQ and issue new tasks orders to support these efforts. This estimate is derived from the original ceiling $9,679,179.29 taken into account inflation and the administrative effort to re-compete this contract. This would significantly delay VTD’s research efforts towards platform mechanics, propulsion technologies, autonomous systems and vehicle analysis for Army vehicles. For example, the aforementioned facilities {REDACTED} {REDACTED} {REDACTED}
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{REDACTED}{REDACTED} {REDACTED}. A re-competition action at this time would not allow VTD to meet its customer expectations, it would mean a loss of confidence in VTD’s capability to advance the state-of-the art in vehicle technology research.
Technical data packages for {REDACTED} {REDACTED} {REDACTED}
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{REDACTED} are still under development but are Government owned {REDACTED} {REDACTED} {REDACTED} {REDACTED}. Documentation of commissioning and operation of various laboratories and facilities systems and subsystems of {REDACTED} {REDACTED} are anticipated to be completed during the performance of the two (2) extension of this contract.
It is determined in the best interest of the Government to extend the base IDIQ award ordering period under contract W911QX-13-D-0003 by two (2) years to a new date of 30 September 2018.
6. Efforts to Obtain Competition:
Based on the highly specialized scientific and engineering services provided by Engility to support ARL-VTD’s platform mechanics, propulsion technologies, autonomous systems and vehicle analysis missions, it has been determined that
Engility is uniquely qualified to fulfill the requirements of the Government as Engility has an in-depth knowledge on the efforts required to fulfill VTD’s service requirements that support {REDACTED} {REDACTED} {REDACTED}
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{REDACTED} as they have been performing the efforts under the subject award.
The task orders require specific knowledge of performing the required services identified in section 5 above. Due to the in-depth knowledge that Engility has gained by performing the services required to support {REDACTED}
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{REDACTED} {REDACTED} {REDACTED}. It has been determined that no other source is capable of providing these highly specialized required services and competition is not expected for this reason.
7. Actions to Increase Competition:
ARL will continue to monitor the commercial market for vendors who specialize in the type of scientific and engineering services required to fulfill ARL-VTD’s requirement. At present, there are no other alternative vendors capable of satisfying the Government requirements immediate requirement for this one-time extension to provide the services required to support ARL-VTD’s platform mechanics, propulsion technologies, autonomous systems and vehicle analysis missions.
ARL will continually search the marketplace to increase competition for the follow-on contract that will be solicited competitively after the base IDIQ award W911QX-13-D-0003 expires by attending conferences/exhibitions, reviewing trade journals, conduct World Wide Web (WWW) research and through open discussion with industry experts.
8. Market Research:
Market research was not conducted for this proposed modification. This requirement is inherently non-competitive as Engility has an in-depth knowledge on the efforts required for ARL-VTD’s service requirement, as they have been performing the efforts under the subject IDIQ award. The task order requires specific knowledge of performing the required services identified in section 5 above. The two previous offerers {REDACTED} {REDACTED} {REDACTED} {REDACTED} {REDACTED} {REDACTED} {REDACTED} were not contacted because during the evaluation phase ‘understanding of the functional area’ it was determined that; {REDACTED} {REDACTED} {REDACTED} {REDACTED}
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Therefore, it is determined that an ordering period extension to the current Engility Corporation contract is in the best interest to the Government in accordance with the authority identified in section 4.
9. Interested Sources:
A pre-solicitation synopsis will be posted to the Federal Business Opportunities (FBO) website under W911QX-13-R-0018 posted on 15 January 2015 with a closing date of 02 February 2015. Any responsible source that submits a capability statement, proposal, or quotation, will be documented in the procurement file and be evaluated and considered by the agency, only if received by the closing date and time of this notice. A determination not to compete the proposed requirement based upon the responses to this notice is solely within the discretion of the Government. The notices required by FAR 5.201, shall be published and all bids or proposals shall be considered.
10. Other Facts:
a. Procurement history.
(1) Contract numbers and dates of the last several awards. W911QX-13-D- 0003, awarded 30 Sept. 2013
(2) Competitive status of these actions. Competitive, full and open basis.
(3) Authority previously used for less than full and open competition. N/A, action was competed.
(4) If a justification was prepared to support the procurement made before this one, a summary of the contents of paragraph 7 of the justification for that procurement and an explanation of the results. N/A, action was competed.
(5) If any prior award was accomplished by full and open competition, a detailed explanation of the changed circumstances. This is a one-time extension to allow Engility to complete the efforts required to support ARL-VTD’s mission, {REDACTED} {REDACTED} {REDACTED} {REDACTED} {REDACTED} as described in section 5 above. Engility has the in depth knowledge and unique skill sets to perform the services required to fulfill VTD’s requirements since they have been providing the services under aforementioned task orders issued to date. The follow-on effort will be solicited as full and open.
(6) An explanation of any unusual patterns which may be revealed by the history; e.g., several consecutive, urgent buys. N/A
(7) If a justification was prepared to support the procurement made before this one, include a copy of the previous J&A as part of this approval package, and briefly describe the circumstances justifying the buy and whether there have been any significant changes (The previous J&A just needs to be easily available to the reviewers/approvers. It does not have to become a material part of this J&A. Also, it should not be part of this J&A when it gets redacted and posted publically). Also describe the Section 7 Actions to Increase Competition that were planned in the previous J&A, and discuss whether or not those actions were taken for this current procurement. If the Section 7 actions from the previous J&A were not taken with this procurement, the J&A must be approved at one level above the previous J&A approver (insert the appropriate signature block below). N/A
b. Acquisition Data Availability. Technical data packages for {REDACTED}
{REDACTED} {REDACTED} {REDACTED} {REDACTED} {REDACTED}
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{REDACTED} are still under development. Documentation of commissioning and operation of various laboratories and facilities systems and subsystems {REDACTED} {REDACTED} are anticipated to be made available during the two
(2) extension of this contract.
c. Unusual and Compelling Urgency. N/A
d. Subcontracting Competition. The contractor has an approved purchasing system and the effort requires the contractor to detail competition in subcontracting in their proposals. Furthermore, the base contract includes the appropriate FAR and DFARS subcontracting clauses that flow to the task orders
e. Follow on Contracts –The follow-on effort will be open for competitive offers.
A Technical data package for {REDACTED} {REDACTED} {REDACTED}
{REDACTED} {REDACTED} {REDACTED} {REDACTED} {REDACTED}
{REDACTED} {REDACTED} {REDACTED} are being developed under this effort. Documentation of commissioning and operation of various laboratories and facilities systems and subsystems {REDACTED} {REDACTED} are anticipated to be made available during the two (2) extension of this contract and will be included in the overall follow-on effort.
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.
Signer’s Title: COR/TPOC, VTD
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.
Signer’s Title: COR/TPOC Supervisor, VTD
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 overall ceiling cost was determined to be fair and reasonable under the base IDIQ award. The overall ceiling amount will not be increased, only the performance period will be increased to allow for the completion of the stand-up and commissioning of the VIPER, Internal Combustion Engines, and HESAT facilities with ARL-VTD’s VRL
5/26/2015
X Phillip J. Amador
Contracting Officer (KO) Signed by: phillip.j.amador
14. Procuring Contracting Officer Certification:
I certify that this justification is accurate and complete to the best of my knowledge and belief.
APPROVAL
Based on the foregoing justification, I hereby approve of an ordering period extension only to Indefinite Delivery/Definite Quantity (IDIQ) award W911QX-13- D-0003 from 30 September 2016 to 30 September 2018. This extension will be issued on an other than full and open competition basis pursuant to the authority of 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”, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.
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