JA MAIT Bridge Contract 18 Mar 24 (redacted).pdf

(Source Selec on Informa on - See FAR 2.101 and 3.104-4)

Control Number: 24-04

Justification Review Document for Other than Full and Open Competition - FAR Part 6

Program/Equipment: This is a non-personal services contract to provide a Command Maintenance Assistance and Instruction Team (MAIT) for units assigned to the United States Army Pacific (USARPAC). These services will be performed in accordance with the Army’s Command Maintenance Discipline Program (CMDP), Command Supply Discipline Program (CSDP), Command Deployment Discipline Program (CDDP), Command Food Service Discipline Program (CFSDP), and all other applicable regulations outlined herein.

The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

Authority: 10 United States Code 3204(a)(2) as implemented in Federal Acquisition Regulation 6.302-2(a)(2) Unusual and compelling urgency.

Amount: Estimated at $575,232.32 for an 8-month bridge contract.

Prepared by: Maletta A. Chan Contract Specialist Date: 3/11/2024 Email: maletta.a.chan.civ@army.mil

Contracting Officer: Liane Leong

PH: 808-787-8815

Date: 3/11/2024 Email: liane.leong.civ@army.mil

Technical: CW4 Michael C. Bartley

PH: 808-786-1103

Date: 3/11/2024 Email: michael.c.bartley2.mil@army.mil

Requirements: CW4 Michael C. Bartley

PH: 808-786-1103

Date:3/11/2024 Email: michael.c.bartley2.mil@army.mil

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Control Number: 24-04

Reviews

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

Program Manager

Typed Name: CW4 Michael C. Bartley DSN: 315-786-1102

Signature:

Legal Counsel

Typed Name: CPT Brian C. Wilson DSN: 315-787-8890

Signature:

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

1. Contracting Activity: 413th Contracting Support Brigade, Regional Contracting Office- Hawaii

2. Description of Action: Approval for an O&M funded Sole Source firm fixed price (FFP) for Maintenance Assistance and Instruction Team Services and subordinate locations.

On 29 February 2024, a follow-on contract for this requirement was awarded to P&S Solutions, LLC. The contract received a Government Accountability Office (GAO) level post award protest from an unsuccessful offeror on 8 March 2024. The protest resulted in immediate suspension of services performed on the contract pursuant to the Competition in Contracting Act (CICA), 31 U.S.C. § 3553. The agency seeks to award a firm fixed-price bridge contract to the incumbent, DecisionPoint Corporation, because it is the only contractor who can ensure uninterrupted performance of this urgently required service.

3. Description of Supplies/Services: The MAIT program is an activity of the United States Army Pacific (USARPAC) G-4 to establish teams that serve USARPAC organizations with logistics expertise and logistics training to improve soldier forces and capabilities in support of the National security and defense Strategies and sustainment of unit combat readiness. This includes curriculum development, technical training, and MAIT program evaluation. The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform MAIT support services as defined in the Performance Work Statement (PWS) except for those items specified as government furnished Equipment (GFE) and services. The Contractor shall perform to the standards in this contract.

Period of Performance 4- month Base: 01 April 2024 – 30 August 2024 4-month Option: 1 September 2024 – 31 January 2025

Estimated Value: $575,232.32

4. Authority Cited: 10 United States Code 3204(a)(2) as implemented in Federal Acquisition Regulation 6.302-2(a)(2) Unusual and compelling urgency.

5. Reason for Authority Cited:

a. The current bridge contract for Maintenance Assistance and Instruction Team (MAIT) services at USARPAC, G4, expires 31 March 2024. Due to pending agency and GAO protest; it is imperative to establish a new bridge contract via unusual and compelling urgency for 8 months (one base and one option period) to ensure no break in services.

b. In order to be in compliance with the Army Regulation 750-1, USARPAC is required to establish a MAIT, and AR 710-2 to assist with the Command Supply Discipline Program. The program is critical for providing assistance and instruction to commanders at all levels in resolving logistic issues to meet mobilizations and

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contingency operations within organic, attached, and supported units. Additionally, this program seeks to proactively identify systemic problems in maintenance management and provide assistance to improve management of maintenance workload at field and sustainment levels. A break in performance of the USARPAC MAIT services contract puts the technical training, readiness of subordinate commands, and Army logistics enterprise at a significant risk; which will result in a severe degradation of the Army’s ability to project power and train in the U.S. Indo-Pacific Area of Responsibility (AOR).

c. A break in performance of services associated with this contract will have immediate impacts. USARPAC relies on this contract to conduct Organizational Inspection Program (OIP), Command Discipline Program (CDP) Inspections (Command Maintenance Discipline Program (CMDP)/ Command Supply Discipline Program (CSDP), Command Deployment Discipline Program (CDDP), Command Food Service Discipline Program (CFSDP), Command/ staff Inspections, and Staff Assistance Visits.

Units are encouraged to plan for these events annually; these inspections and evaluations help enhance organizational readiness. With out these services, a commands ability to identify compliance gaps IAW Army regulations and policies will be hindered which will have a direct impact on unit readiness.

d. In addition to inspections, the MAIT teams also provides training with the use of approved training support packages from Training and Doctrine Command (TRADOC) and Combined Arms Support Command (CASCOM). The training performed are for the following areas (but not limited to): Corrosion Training; CSDP; CMDP; CFSDP; and CDDP. The training facilitates units in providing supplemental instruction in addition to what is taught through professional military education in order to help increase readiness and compliance in the associated fields of work.

e. While there are other contractors who are able to perform the contract, any change in the contract from the incumbent would cause an interruption in the services provided. As a result, the agency determines that Decision Point, LLC is the only Contractor reasonably available to perform the bridge contract for the above services without interruption. Executing a competitive temporary bridge contract to support this effort is not a viable course of action to avoid a break in MAIT services. A competitive award would take 6 to 10 months. The 6 to 10-month schedule includes completing a Contract Review Board (CRB), issuing a solicitation, receiving offers, conducting proposal review and source selection, and making an award. Due to the loss of time awaiting GAO’s resolution, only one month remains on the current bridge contract, which is insufficient time to conduct a competitive award. The pending corrective action and timeline constraints have created an unusual and compelling urgency for the requirement, not resulting from a lack of planning.

f. Continuity of the MAIT contract services is critical to the operation and performance of the USARPAC mission. There are no alternatives that will meet mission requirements without significant and critical interruptions to mission given the time required to award and transition the MAIT services requirements to another contractor.

A bridge contract to the current contract is the ONLY alternative given the protest for MAIT Services Contract.

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6. Efforts to Obtain Competition:

a. Effective competition. Due to this requirement's unusual and compelling urgency, the

MAIT services requirement will not be competed. The 413th CSB / RCO-HI will issue a sole-source firm fixed-price contract to DecisionPoint Corporation. IAW FAR 5.202(a)(2), the Contracting Office need not submit the notice required by 5.201 to synopsize this action as the Contracting Officer has determined that the proposed contract action is made under the conditions described in FAR 6.302-2, and the Government would be seriously injured if the agency complies with the time periods specified in FAR 5.203. This contract will serve as an 8-month bridge contract between the current contract W912CN-20-C-0015 and the pending GAO protest outcome for the follow-on MAIT services contract. The anticipated bridge contract will be awarded to the incumbent contractor as a follow-on contract, W912CN-24-C-0008.

b. Subcontracting competition. The current contract is awarded to a small business.

DecisionPoint Corporation is a small business and is exempt from a subcontracting plan.

7. Actions to Increase Competition: Competition is available as evidenced by the protested contract award. The Agency awarded a follow-on contract (W912CN-24-C-0005) for this requirement. The contract was competed among Service-Disabled Veteran Owned Small Businesses (SDVOSB). The contract was awarded on 29 February 2024. The solicitation for this contract received competitive proposals from 7 offerors. Offers were received from DecisionPoint, P&S Solutions, FITT Scientific, D2 Government Services, MB Solutions, Choisys Technology and Talon East Fuel Services. Despite the availability of competition, the immediate requirement requires a sole source bridge contract to avoid a gap in critical services. There is not sufficient time to conduct a competitive procurement for these services, begin negotiations with vendors who are unfamiliar with this requirement, or phase-in for this effort (e.g. locate and hire a new workforce). Future long-term requirements will be placed on a competitive basis.

8. Market Research: Market research was conducted from 26-29 Jun 2023. It was determined that Ability One was not a viable means of procurement because of the time frame needed to process a contract under Ability One, neither was MAIT services on the current Ability One Procurement list. Federal Supply Schedules and Federal Prison Industries do not offer the services required. There are no potential contract vehicles in place that may be employed to satisfy this requirement. The agency has limited leverage with this acquisition because of the geographic area and limited workforce. Attempting to competitively award a contract to any vendor other than the incumbent could result in an unacceptable break in service. In circumstances of unusual and compelling urgency, the contracting officer may limit a procurement to only the firms the contracting officer reasonably believes can properly satisfy the requirement. In this case DecisionPoint Corporation, is the only firm the contracting officer reasonably believes can properly satisfy the requirement without having a break in service.

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9. Interested Sources: The previous requirement was recently competed and a Firm Fixed- Price (FFP) contract was awarded to P&S Solutions. The contract was solicited and competitively awarded. As stated previously, the solicitation for the follow-on contract received 7 offers from DecisionPoint, P&S Solutions, FITT Scientific, D2 Government Services, MB Solutions, Choisys Technology and Talon East Fuel Services.

10. Other Facts: The follow on contract W912CN-24-C-0005 was awarded on 29 February 2024 and received a protest from DecisionPoint Corporation 08 March 2024.

The MAIT services needs to continue in order to meet objectives to provide effective and responsive assistance and instruction to units and activities, identify systemic problems in logistical areas and provide assistance to improve management of supply and maintenance workload at field and sustainment levels. The Army is required to establish and maintain a MAIT program that is technically self-sufficient for the routine mission to support Active Army units at Corps and Division to fill the capability gap.

The bridge contract will perform critical tasks for USARPAC and subordinate unit locations. The decision to utilize an 8-month bridge including a 4-month base period and a 4-month option period vice a 12-month. This is the minimum time necessary to ensure there is no break in service as GAO works towards issuance of their decision over the next 100 days. The additional four-month option will afford the government time to take corrective action if required.

Procurement history.

Contract number, awarded Contractor: W912CN-20-C-0015, DecisionPoint, LLC.

Description of requirement: Command Maintenance Evaluation and Training (COMET) Team Method of procurement: Set-Aside 100% (SDVOSB) Small Business Contract type:

Firm-Fixed Price with NTE Travel CLINs Period of Performance: 30 October 2020- 29 September 2023 (-8 extension to 31 March 2024) Total awarded amount: $2,792,128.51 Number of option periods: Base year plus two 12-month option periods, 6-mo.

extension allowed in accordance with FAR 52.217-8 Number of Offerors: 2 Source Selection Method: FAR Part 15 Basis for fair and reasonable pricing: Competition Current Status: Contract ends on 31 March 2024

Previous contract for this requirement was competed. There is a history of this effort being accomplished by service-disabled veteran-owned small businesses (SDVOSB). The most recent protested requirement was competitively solicited among SDVOSB. The pending protest outcome for the follow-on MAIT contract necessitates a bridge contract be awarded no later than 31 March 2024 to ensure MAIT services are performed uninterrupted.

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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.

Signature: Date:

Typed Name: CW4 Michael C. Bartley Title: G43 Senior Ordinance Logistics Officer

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.

Typed Name: CW4 Michael C. Bartley Title: G43 Senior Ordinance Logistics Officer

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 price fair and reasonable will be determined based on a price analysis of historical pricing used on previous and current contracts. Certified cost or pricing data will not be required for this effort IAW FAR 15.403-1(a), shall not be obtained for acquisitions at or below the simplified acquisition threshold.

Typed Name: Liane Leong Title: Contracting Officer

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

Typed Name: Liane Leong Title: Contracting Officer

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