MICC_2016-41_Redacted.pdf

CONTROL NO. MICC 2016-41

Contractor: L-3 Communications Vertex Aerospace, LLC (L-3) Service

JUSTIFICATION REVIEW DOCUMENT

FAR PART 6 JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

Program/Equipment: The Logistics Readiness Center located on Fort Bragg, North Carolina requires logistics support services.

Authority: 10 U.S.C. 2304(c)(1) as implemented by FAR Part 6.302-1 -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

Estimated Amount:

Prepared by:

Contract Specialist MICC Center Fort Bragg Mission and Installation Contracting Command Fort Bragg, NC Date:

Phone:

Contracting Officer:

Contracting Officer MICC Center Fort Bragg Mission and Installation Contracting Command Fort Bragg, NC Date:

Phone:

25 April 2016

Technical Representative:

Chief, Programs & Analysis Branch Logistics Readiness Center (LRC) 406th Army Field Support Brigade Fort Bragg, NC Date:

Phone:

Requirements Representative:

Deputy to the Executive Director Contract Management Office Army Sustainment Command Rock Island Arsenal, IL Date:

Phone:

25 Apr 2016

Reviews: I have reviewed this justification and find it adequate to support other than full and open competition.

Senior Contracts Attorney MICC Office of Counsel Mission and Installation Contracting Command Fort Bragg, NC Date:

Phone:

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. CONTRACTING ACTIVITY: Mission and Installation Contracting Command Center- Fort Bragg, 2715 Reilly Road, Stop A, Fort Bragg, North Carolina, 28310-5000.

2. DESCRIPTION OF ACTION: The Logistics Readiness Center (LRC) requests a cost-plus-fixed-fee contract with L-3 Communications Vertex Aerospace, LLC (L-3), 555 Industrial Drive South, Madison, MS 39110-9072. The Government projects award on or about 25 May 2016 and fiscal year 2016, funds type: Operation and Maintenance, Army (OMA) funds will be used. An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i)(B).

3. DESCRIPTION OF SUPPLIES/SERVICES:

The contractor will provide maintenance, supply, and transportation services for the LRC at Fort Bragg. The Fort Bragg LRC provides a wide spectrum of logistical support services in support of the XVIII Airborne Corps, 82nd Airborne Division, USA Special Operations Command and other military units stationed at Fort Bragg. The services associated with this action are the management and operation of the following functional areas in support of the Fort Bragg LRC. The performance period will be 1 June through 28 September 2016 and the total estimated value is

a. The Plans and Operations Division. The division provides planning and coordination support for logistics.

b. Material Maintenance Division. The division provides direct and general support for Maintenance Level Operational Readiness of Communications, Electronics, and Tactical & Non- Tactical Vehicles (including fire trucks);

c. Supply and Service Division. The division operates the Ammunition Supply Point (ASP), Dining Facility (DFAC) Management, Central Receiving Point, and the Central Issue Facility (CIF).

d. Transportation Division. The division operates the Unit Moves Section, Personnel Moves, Personal Property Moves, Corps Consolidated Loading and Control Center, Arrival/Departure Airfield Control Group, Surface Distribution Hub, and Movement Control Center.

4. AUTHORITY CITED: 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.

a. REASON FOR AUTHORITY CITED: L3 is the only responsible source that can satisfy the Army’s short term needs while the protest on the follow-on contract is resolved. An award to any other source would result in unacceptable delays in fulfilling this requirement and would negatively impact Fort Bragg's ability to meet the critical and mission-essential, logistics mission of the LRC.

The services under the contract are considered vital to the Government and must continue without interruption. The following supports using other than full and open competition.

b. BACKGROUND:

(1) The current task order was awarded on 26 September 2012 by the Fort Bragg Directorate of Contracting. The competitive task order was solicited under the Multiple Award Task Order (MATOC) contract suite, the Field and Installation Readiness Support Team (FIRST) contract. Phase in was halted on 19 October 2012 due to protest and resumed on 13 March 2013 with a fully operational date of 1 June 2013. That task order ends 31 May 2016.

(2) In accordance with established Army procedures for the Enhanced Army Global Logistics Enterprise (EAGLE) program, a follow-on acquisition, for the LRC, was competed and awarded through EAGLE by Army Contracting Command – Rock Island (ACC-RI). The award was announced on 29 February 2016 with the period of performance beginning on 20 March 2016 and a fully operational date of 20 June 2016. Two protests from interested parties were received by GAO on 9 March 2016, and a third on 10 March 2016. The interested parties that protested were: Vanquish Worldwide; Eagle Systems & Services; and The Logistics Company. A protest override was not determined to be the appropriate option as there are current contracts in place. For the protests of Eagle Systems and Services (B-412838.2) and Vanquish (B-412838), the expected date of decision from GAO is 17 June 2016. For the protest of The Logistics Company (B-412838.3) the expected date is 20 June 2016.

(3) Per FAR 33.104(f) GAO decision time. GAO issues its recommendation on a protest within 100 days from the date of filing of the protest with the GAO. Considering this timeline, four months (ending 28 September 2016) of performance would be necessary to ensure continued performance while the issues are resolved, to allow award presuming resolution and to provide sufficient time for the awardee contractor to mobilize management staff and execute 90 day phase-in/ phase-out operations. This is the minimum amount of time needed to ensure the continuation of current contract services throughout phase-in/phase out period.

(4) As described at FAR 6.302-1(a)(2), when the supplies or services required by the agency are available only from one responsible source, or for DoD, NASA and the Coast Guard, from only one or a limited number of responsible sources, and no other types of supplies or services will satisfy agency requirements, full and open competition need not be provided for. L-3 is the only contractor with the unique capabilities, experience, and expertise that are capable of performing the required work under the short time line that is available. Additionally, L-3 is the only source available to provide continuous services without unacceptable delays until the long term competitive task order is awarded by the EAGLE program. It is not reasonable to assume any other contractor except the incumbent, L-3, would be capable to conduct operations and provide the necessary labor force with required accesses and clearances before start work of 1 June 2016. L3 currently has the resources in place to ensure continued management and operation of the functions required to support the mission of the LRC. The contractor manages and maintains approximately 4,500 lines of Government Furnished Equipment/Property valued at approximately $ 45.1M on forty separate sub hand receipts. There is no other vendor that could maintain current operations and conduct this turn-over of equipment during this short period. Substantial duplication of cost would be incurred due to the thousands of pieces of inventory that must be transferred from the incumbent, to an interim contractor, and then shortly again to the successful EAGLE awardee.

These costs could not reasonably be expected to be made up in a competition for such a short period.

5. ALTERNATIVES:

a. Suspension of services: This is not a viable option because services associated with the LRC requirement are tied to mission accomplishment and cannot cease without major disruption to deployments in support of the Global Response Force. The contractor performs critical tasks to support regeneration of equipment and provides maintenance, supply, and transportation services for the LRC and Installation Management Command.

b. Use of in-house resource: Adequate Government personnel, civilian or military, are not available to perform the requirements involved with the LSS contract.

6. IMPACT. If the J&A is not approved, severe harm could affect the installation operations of Fort Bragg. Fort Bragg is a Premiere Power Projection Platform and this contract provides all resources, management and administration to perform logistical support services for Fort Bragg. This support also includes Pope Army Airfield, NC and areas outside and within Army Regulation 5-9 area of responsibility (includes all 100 North Carolina Counties and 15 counties in Virginia), more than 50 Intra/Interservice Support Agreements (ISA), Memorandums of Agreements, Instruction, and Understanding) and designated Reserve Component units.

a. The major functional areas supported under this contract include base operations support for Maintenance, Supply, Transportation and Operations functions. This support is critical as it provides necessary services for a wide range of services.

b. These support services include ground maintenance support to sustain the readiness of the Warfighter’s systems while supporting ARFORGEN, sustainment level maintenance for tactical vehicles, Pass back Tactical Maintenance, Base Operations Non-Tactical Maintenance, Global Response Force (GRF) Equipment Maintenance, Pope Army Airfield Vehicle and Ground Equipment

Maintenance, Fire and Rescue Vehicle Maintenance, Field RESET, Pre-Deployment Training Equipment support and container repair; Installation Supply Support Activity, Hazardous Materiel Control Center, Central Receiving Point and other supply and service; Installation Transportation support services for all DOD Services, Wounded Warriors, Families, DoD Civilians, Retirees, which include: the Arrival/Departure Airfield Control Group, Installation transportation Deployment Support Area, Container Management, Rail Support Activity, Port Operations, Official Travel, Material Movements-Freight, Personnel Movements (Commercial, Charter Bus, and Air), Port Call, and Personal Property.

c. The ability of the installation to support the mission needs of units and military personnel on Fort Bragg would be compromised and the Government will not be able to provide the required contracted Installation Maintenance, Transportation and Supply Support Services to more than 73,000 customers on Fort Bragg, to include: Forces Command, XVIII Airborne Corps, 82nd Airborne Division, Army Special Operations Command, Army Civil Affairs and Psychological Operations Command, Wounded Warriors, Pope Army Airfield, Family members, and DoD Civilians.

7. EFFORTS TO OBTAIN COMPETITION:

a. Effective Competition: Significant competition was obtained through the issue of EAGLE Basic Ordering Agreements and subsequent task order. This interim action is merely a stop-gap measure for resolving the protest that occurred from the EAGLE competition that included numerous competitors.

b. Subcontract Competition: L3 does provide subcontracted labor in accordance with their subcontracting goals, no specific competition opportunities are apparent for this effort.

8. ACTIONS TO INCREASE COMPETITION: The EAGLE follow-on competition was competitively awarded and as stated subsequently protested. This interim action is a stop-gap for continuing vital services while the issues are resolved. The planned actions for eliminating barriers to competition are finally awarding the competitive contract through EAGLE. The notices required by FAR 5.202 will be posted and any responses shall be considered.

9. MARKET RESEARCH:

a. Extensive market research was conducted by ACC-RI as part of the award for EAGLE. Based on information shared by ACC-RI with the Mission and Installation Contracting Command Center- Fort Bragg (MICCC-FB) regarding that market research and a review of market information available to the MICCC-FB, it was determined that while there are other sources capable of providing logistics support services, no other providers could assume the responsibilities and commence full performance in the timeframes associated with this action in a manner that wasn't cost or mission prohibitive.

b. In accordance department procedures, a sources sought was posted to Federal Business Opportunities and any responses shall be considered. However; for the reasons as cited above, it is highly unlikely that any other source could provide a viable cost effective alternative to this interim sole source action.

10. OTHER FACTORS: Subcontracting competition. L3 has an approved subcontracting plan and is exceeding the established goals.

11. INTERESTED SOURCES: No other viable interested sources have responded for this interim action to date.

CERTIFICATIONS

12. 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."

Chief, Programs & Analysis Branch Logistics Readiness Center (LRC) 406th Army Field Support Brigade

DATE:

13. 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."

Deputy to the Executive Director Contract Management Office Army Sustainment Command

DATE:

14. Fair and Reasonable Cost Determination: "I hereby determine that the anticipated cost to the government for this contract action will be fair and reasonable. This determination will be made using cost analysis. Certified Cost and Pricing data will be requested in the solicitation. Cost realism analysis will be used to evaluate the contractor’s proposal. The proposal will be compared to historical data and the IGCE. The amount of G&A proposed will be compared to the most recent cost approved by DCAA for this requirement. The fee amount proposed will be compared to the current contract and historical rates of fee earned under the CPAF periods. The cost of fee and profit will be analyzed in accordance with FAR 15-404-4(d)."

Contracting Officer MICC Center Fort Bragg Mission and Installation Contracting Command

DATE:

15. Contracting Officer Certification: "The requirement herein described is a valid requirement of the activity named in paragraph 1 of this justification. The technical and requirements information contained in the justification represent the minimum needs of the government. The only way to satisfy this requirement is by limiting competition as described herein."

Contracting Officer MICC Center Fort Bragg Mission and Installation Contracting Command

DATE:

APPROVAL

Based on the foregoing justification, I hereby approve the procurement of Logistics Support Services, Fort Bragg, North Carolina at an estimated amount of to L3 Corporation 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 the services herein described have otherwise been authorized for acquisition. This approval is provided for 120 days of which the last 90 days includes all phase-out operations.

Dean M. Carsello Special Advocate for Competition USA Mission and Installation Contracting Command, FSH TX