AHFTS 2024 Bridge JA_Redacted.pdf

Control No: MICC 2024-97

Justification and Approval for Other than Full and Open Competition – FAR Part 6

1. Contracting Activity: U.S. Army Mission and Installation Contracting Command (MICC)-Fort Fort Novosel, Alabama, 36362.

2. Description of Action: On 27 September 2024, MICC-Fort Novosel awarded a firm-fixed-price bridge contract, W9124G24C0009, on a sole source basis to CAE USA, Inc., 4908 Tampa West Blvd., Tampa, Florida, 33634 to provide Advanced Helicopter Flight Training Support (AHFTS) services for the US Army Aviation Center of Excellence (USAACE) for six (6) months. The award amount was $14,622,724.00. Fiscal Year 24 (FY24) Operations and Maintenance, Army (OMA) funds were used.

3. Description of Supplies/Services: The contractor shall provide flight training support services for the USAACE advanced rotary wing training courses for aircrew personnel, using government-provided airframes and simulators. The contractor shall balance training for all students by preparing them for the field in “Go to War” aircraft, including the UH-60M, AH-64E, and CH-47F.

Period of performance: 30 SEP 2024 thru 31 MAR 2025 Value: $14,622,725.00

4. Authority Cited: 10 USC 3204(a)(2) as implemented in Federal Acquisition Regulation FAR 6.302-2, Unusual and Compelling Urgency.

5. Reason for Authority Cited:

a. As described at FAR 6.302-2(a)(2), when the 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.

Six (6) months of performance under a bridge contract, awarded to the incumbent on a sole source basis, is required to allow continuation of essential services. Receipt of post-award bid protests created an unusual and compelling urgency which precludes use of full and open competition. Delay in award of a bridge contract while the bid protests are adjudicated would seriously injure the Army’s ability to have trained aviators necessary for the Army to conduct aviation operations.

b. The AHFTS contract provides specialized and specific services that the Army does not have sufficient in-house personnel resources to perform, but that are vital to supporting the aviation needs of the Army. Contactor-provided flight training and flight training support are required to execute the CH-47, UH-60 and AH-64E advanced rotary wing training courses. A bridge contract ensures that the mission of providing flight training for the Army is accomplished, ensures the Army can promote readiness, and provides highly trained aviators to support the world-wide mission.

c. Alternatives: The bridge contract is required due to the amount of time it will take to resolve the post-award protest to contract W9124G24C0007, which was received on 13 September 2024. Awarding the bridge contract to the incumbent contractor, CAE USA, Inc., ensures that there is no lapse in service and that the Army’s readiness posture is maintained by seamlessly continuing to train aviators in advanced utility, tactical and attack aircraft. Without contractor-provided training and support services, the Army’s mission would be jeopardized; therefore, suspension of flight training services was not a viable option as there is a clear, present and critical military need for trained and proficient Army aviators. There are no other reasonable alternatives that will ensure uninterrupted critical services than to award a bridge contract to CAE USA, Inc.

CAE USA, Inc. is uniquely qualified to perform the services as the incumbent. Most notably, CAE USA, Inc. was already positioned with the requisite personnel, materials and equipment to assume the follow-on award and seamlessly continue services to support the Army’s mission. In the absence of a bridge contract, unacceptable delays would cause a significant detrimental impact to Army readiness. There is a clear and present need for the Army to continue this critical training; therefore, to forgo services until resolution of the protest is not a viable option.

d. Impact if justification is not approved: Not awarding the bridge contract would result in a break in service that would severely jeopardize USAACE’s ability to complete this critical training support mission and the Army’s ability to perform aviation operations. Approval of this request for other than full and open competition will ensure uninterrupted services in support of USAACE’s pilot training mission until resolution of the post-award bid protests. CAE USA, Inc. has the necessary personnel and experience to ensure continued operations of all functional areas related to training support for the extended period. The bridge contract will ensure continued services and will sustain the current mission requirement and continued performance.

6. Efforts to Obtain Competition: Due to the complexity of the AHFTS training, a phase-in is required to acclimate any new staff. The current contract expired 29 September 2024. Because of the ongoing COFC protest, there is no time to include a phase-in for this bridge contract if a vendor other than CAE was selected for this interim solution. This requirement is of unusual and compelling urgency under FAR 6.302-2, and CAE must receive the award. No Request for Information (RFI) nor Request for Proposals (RFP) was posted due to the exception listed in FAR 5.202(a)(2) as this contract action is made under the conditions described in 6.302-2.

a. Effective competition. Competition for this bridge contract is not practicable given the complexity and sheer magnitude of this requirement due to its technical nature, and the size of the contractor staff required to support the training. Additionally, there is insufficient time to include competition as a new award has been established, but it is currently in protest at COFC.

b. The Subcontracting Competition: The Government will request a subcontracting plan for this contract action and will coordinate review of the plan with the Small Business Specialist (SBS) and Small Business Administration (SBA) Procurement

Center Representative (PCR) as required by FAR 19.705-4(d)(7). Additionally, the approved plan will be incorporated and made a material part of the contract as required by FAR 19.705-5(a)(5). Finally, a copy of the award document will be provided to the Area Director for the SBA Area Office where the contract will be performed as required by FAR 19.705-6(a) and a copy of the final negotiated subcontracting plan will be provided to the SBA PCR as required by FAR 19.705-6(c).

7. Actions to Increase Competition: The follow-on contract was competitively solicited, and the Army evaluated and considered the proposals that were submitted.

The bridge contract allows the Army to respect the protest process, which in turn supports the competitive process.

8. Market Research: Market research for this bridge contract was not conducted for the reasons discussed above. However, market research was conducted on contract W9124G24C0007. IAW FAR Part 10, the extent of Market Research conducted for the previous contract was based upon the size and complexity of the acquisition and it was awarded as an FFP contract. Helicopter flight training is available on the commercial market. IAW FAR 2.101(b) – Commercial service which states, “the source of such services provides similar services contemporaneously to the general public under terms and conditions similar to those offered to the Federal Government.”

A Sources Sought Synopsis for W9124G24C0007 was posted to SAM.gov under Item No. PANMCC-23-P-0000008879 from 08 March 2023 through 23 March 2023. The following eight (8) vendors responded: CAE USA, Inc.; Flight Safety Defense Corporations; M1 Support Services, LP; Northrop Grumman Systems Corporation;

Pinnacle Solutions, Inc.; Resicum International, LLC; US Aviation Training Solutions, LLC; and Vali, Inc. A Sources Sough Synopsis for W9124G24C0007 was also posted to GSA eBuy under RFQ ID RFQ1614544 from 16 March 2023 through 23 March 2023, with one (1) response submitted by System Studies & Simulation, Inc.

9. Interested Sources: There are no known interested sources due to utilizing the authority at FAR 6.302-2, Unusual and Compelling Urgency and FAR 5.202(a)(2) that allows an exception to posting a request for information or a sources sought notice.

10. Other Facts:

a. Procurement history:

Current Contract: W9124G24C0007 Contractor: CAE USA, Inc.

Award Date: 29 August 2024 Competitive Status: Full & Open Current Status: COFC Protest Stop Work Order Issued: 22 September 2024

Contract: W9124G20C0008 P00016 Contractor: CAE USA, Inc.

Award Date: 30 SEP 2022 Competitive Status: Other than Full and Open Competition Authority: FAR 6.302-1 Reason: Increased Scope of W9124G20C0008

Contract: W9124G20C0008 Contractor: CAE USA, Inc.

Award Date: 5 May 2020 Competitive Status: Full & Open Current Status: POP Ended 29 September 2024

Prior to the award of W9124G20C0008, five bridge contracts were awarded utilizing sole source authority under FAR 6.302 as a result of source selection delays and protest litigation.

Contract: W911S014D0002 Contractor: Doss Aviation, Inc., Award Date: 2 September 2014 Competitive Status: Full & Open, LPTA Current Status: POP Ended 10 August 2018

b. Voluntary Stay agreed upon on 17 September 2024.

Stop Work Order issued effective 22 September 2024.

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.

Date: See digital signature

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.

Date: See digital signature

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost to the Government for this contract action is fair and reasonable. The FAR lists several methods that could help establish price reasonableness in the absence of competition, such as conducting market research or comparing pricing to historical price data IAW FAR 15.404-2. The determination was made comparing the monthly price of the bridge action awarded to CAE, Inc., to the competitively awarded monthly price of the protested contract to CAE, Inc. Therefore, certified cost or pricing data will not be required.

Date: See digital signature

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

Date: See digital signature

Approval

Based on the foregoing justification, I hereby approve the procurement of Advanced Helicopter Flight Training Support Services on an other than full and open competition basis pursuant to the authority of 10 United States Code 3204(a)(2) as implemented by Federal Acquisition Regulation 6.302-2, Unusual and Compelling Urgency. The estimated value of the contract is $14.6 million for six months of performance beginning 30 September 2024. The approval is subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for this acquisition.