2JA.docx

CONTROL NO: 11-41

JUSTIFICATION REVIEW DOCUMENT FOR OTHER THAN FULL AND OPEN COMPETITION

Program/Equipment: Rapid Equipping Force (REF) Field Service Support (FSS)

Authority: 10 U.S.C. 2304(c)(2)and FAR 6.302-2 Amount: $1,987,732.80

Prepared by:

Contracting Officer:

Technical Representative:

Requirements Representative:

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

Program Manager:

Typed Name: William Childers DSN:

Signature:_____/s/______ Date: 29 June 2011

Legal Counsel Typed Name: David H. Scott DSN:

Signature:______/s/_______ Date: 5 July 2011

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity: U.S. Army Contracting Center (ACC), Aberdeen Proving Ground (APG), Aberdeen Contracting Division, 4118 Susquehanna Avenue, Aberdeen Proving Ground, MD 21005-3013.

2. Description of Action: Approval is requested to issue a modification to extend contract W91CRB-10-C-0111 for four (4) months in support of the United States Army Rapid Equipping Force (REF) on the basis of other than full and open competition to Washington Square Associates, 5400 Shawnee Road, Suite 105, Arlington, VA 22312. Contract W91CRB-10-C-0111 utilizes Firm Fixed-Price (FFP) and Cost type line items since technical and cost risks preclude the application of a complete Firm Fixed-Price type contract. Fiscal Year 2011 Operations and Maintenance, Army (OMA) funding will be used for this modification.

3. Description of Supplies/Services: The proposed modification is to extend the current contracted services for four (4) months; there will be no revisions made to the Performance Work Statement of the contract. The contracted services are for non-personal services necessary to perform Field Service Support (FSS) and Task Management (TM) on behalf of the REF to support the Outside of Contiguous United States (OCONUS) Army Central Command (CENTCOM) Area of Responsibility (AOR), which includes Iraq, Kuwait and Afghanistan. The services are required for the installation, maintenance, training and sustainment of Intelligence Surveillance and Reconnaissance (ISR) and like equipment. The ISR and like equipment have previously been procured through other contracts. The FSS and TM are required to keep the ISR and like equipment operational to fulfill the REF mission in providing functioning equipment to the war fighter. The contract modification will extend the current period of performance by four (4) months increasing the period of performance from fourteen (14) months to eighteen (18) months. Federal Acquisition Regulation (FAR) clause 52.217-8 “Option to Extend Services” in included in the contract and allows the twelve (12) month period of performance to be extended by written notice up to an additional six (6) months for a total period of performance of eighteen (18) months. The total estimated value of this modification is $1,987,732.80; therefore this modification could increase the total contract value from $8,439,891.12 to $10,422,623.92.

4. Authority Cited: The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(c) (2), as implemented by FAR 6.302-2, “Unusual and Compelling Urgency”.

5. Reason for Authority Cited: The justification at FAR 6.302-2, “Unusual and Compelling Urgency” is being utilized for the extension modification because the current contract (W91CRB-10-C-0111) expires on 31 July 2011 and, despite the best efforts of the Government to award a competitive follow-on contract by 31 May 2011 which would allow for the required sixty (60) day transition period; several significant factors prevented it from occurring as planned.

This effort is in direct support of the Global War on Terrorism and operational forces in the OCONUS CENTCOM AOR. Additionally, these services are the only known services of their nature supporting the armed forces in Iraq, Kuwait and Afghanistan. If the current contract period of performance is not extended a lapse in service will occur which will put the Government at serious life threatening and financial risk. These services are used to repair ISR or like equipment. If this equipment were to fall into a state of disrepair rendering it inoperable, solders will be in greater danger of attack from insurgents as their situational awareness will be greatly diminished.

The competitive follow-on solicitation, W91CRB-11-R-0008, was issued as a Total Small Business Set-Aside and closed on 8 April 2011. The Government received seven (7) proposals in response to the solicitation. The proposals (other than cost proposals) were immediately taken to the Proposal Evaluation Board (PEB) on 11 April 2011 for an immediate evaluation of the proposals in order to expedite award to have the contract awarded by 31 May 2011. However, after multiple rounds of review by the PEB it was determined that all of the offerors had deficiencies in their technical proposals. The PEB submitted their final evaluation report on 17 May 2011. In addition the assigned contract specialist reviewed the cost proposals and determined that each offerors’ cost proposal did not include all of the required information to make an award. Each offer had equal deficiencies in nature therefore all proposals were considered to still be within the competitive range. Therefore, on 25 May 2011 discussion letters were sent to each offeror. Offerors were required to respond by 31 May 2011 however multiple offerors had requested an extension to at least 7 June 2011, the request was granted. On 7 June 2011 each offeror submitted their response to the discussion letter. On 17 June 2011 the PEB and Contract Specialist finalized their reviews of the responses and determined that each offeror did not meet the requirements of the solicitation nor did they address all of their discussion items requested. As a result, another round of discussions is required to obtain at least one (1) offeror who is technically acceptable and submits all the required cost documentation in order to make an award. Below is an estimated timeline of award for the new competitive follow-on contract given the solicitations current stage as discussed above:

As a result of the above timeline, ACC APG Aberdeen Contracting Division (ACD) has no choice but to extend the current contract with Washington Square Associates (the incumbent) until the competitive follow-on contract is awarded. It is estimated that the follow-on CPFF contract with an approximate award amount of thirty-one ($31) million dollars will take at least an additional four (4) months to be awarded than anticipated. Additionally we will need to permit the awardee of the follow-on at least a sixty (60) day transition period once the contract is awarded.

Due to the current contract’s quickly approaching expiration on 31 July 2011, the short amount of time of the extension required and the extensive preparation required to award a new contract for OCONUS services such as recruitment of personnel, the required CONUS Replacement Center (CRC) training and the Theatre Business Clearance (TBC) approval, the incumbent contractor, Washington Square Associates is the only contractor who can meet this urgent requirement to ensure there is no gap in service.

Given the potential threats against global peace, the immediate concerns of securing the environments of Iraq, Afghanistan and Kuwait against terrorism and the spread thereof, and the disruption in the REF’s overall mission, it is imperative that Washington Square Associates be awarded this modification to extend the current contract. Due to the time-frame required and potential risk of injury to the Government, Washington Square Associates is the only company that can satisfy the Government’s immediate needs.

6. Efforts to Obtain Competition: No efforts have been made to obtain competition for this modification. As stated in paragraph 5 “Reason for Authority Cited” above competition is not being sought due to the unusual and compelling urgency of this requirement. In addition, no efforts were made to obtain competition on the current contract due to urgency (refer to paragraph10 a II below for additional information).

7. Actions to Increase Competition: The follow-on contract is currently being competed full and open after exclusion of sources, set aside 100% for total small business under solicitation number, W91CRB-11-R-0008. The solicitation closed on 8 April 2011 and the Government has received several offerors. Best efforts are being made to award expeditiously.

8. Market Research: Market Research was conducted from June 2010 through December 2010 to identify potential sources for the follow-on contract. Ed DuChemin, REF support contractor and Hadji Ndiaye, REF Logistics Management Specialist first consulted the Interagency Contract Directory at www.contractdirectory.gov to learn of any possible Federal agency contracts that could be considered to satisfy the FSS requirements. This investigation yielded no contract that could be utilized. REF also researched Rock Island Contracting Center's Enhanced Army Global Logistics Enterprise (EAGLE) Program. This is to be a new Army-wide contract vehicle to address Army logistics requirements both CONUS and OCONUS. However, it was learned that the EAGLE Draft RFP is currently estimated to be released the second quarter of FY11 followed by a formal RFP in the third quarter Fiscal Year 2011. This timeline does not satisfy the FSS timeline. The FSS timeline was to have a new competed contract in place by 1 April 2011, so as to not experience any break in service with the existing contract's performance. However, due to the issues addressed above this was not possible.

In addition, Danielle Moyer, ACC APG Contract Specialist, posted a source sought notice to the Federal Business Opportunity (fbo.gov) website on 10 November 2010 for twenty (20) days. The source sought was posted along with a draft Performance Work Statement (PWS). Through the sources sought responses received from industry it was determined that this was a non-commercial requirement and required a specific level of effort when performing the services OCONUS. The sources sought notice determined that there were many commercial businesses that could meet the required services.

9. Interested Sources: Pursuant to FAR 5.202 (a) (2), this action will not be synopsized on the Army Single Face to Industry (ASFI). No other sources are capable of meeting the strict time requirements at this time. The follow-on contract has been competed to the maximum extent practicable under solicitation number, W91CRB-11-R-0008.

10. Other Facts:

a. Procurement History:

I. Contract W9124Q-05-D-0802 was awarded on 1 December 2004 as a set aside for SDOVSB. This contract was awarded with a base year and four (4) one (1) year option periods. The contract utilized both FFP and T&M CLINs. This contract awarded as a commercial contract.

II. The current contract W91CRB-11-C-0111 was awarded on 1 June 2010. This contract was awarded with a twelve (12) month period of performance. The contract utilizes both FFP and Cost type CLINs. The current action is to modify this contract.

Contract W91CRB-10-C-0111 was awarded as a sole source bridge contract based on unusual and compelling urgency in accordance with FAR part 6.302-2. The reason for the authority cited for this contract was the change in requirement from the previous competitively awarded contract, W9124Q-05-D-0802.

Award of the follow-on contract was anticipated to occur during the April 2010 timeframe. However, during the pre-solicitation phase of the follow-on contract the REF determined that the contract for FSS would also support developmental and non-developmental (NDI) items as procured by the REF during the five (5) year term of the contract (base plus four one-year option periods). The change in the requirement occurred in March 2010 after the award of the contract for the non-commercial system “PUMA”, that the REF now requires be supported under this service contract. Due to this change in the requirement, the pre-solicitation notice W91CRB-10-R-0036 had to be cancelled and the Performance Work Statement (PWS) had to be revised. It was determined that in the best interest of the Government the follow-on contract be re-solicited as a competitive non-commercial contract that incorporates the use of Cost-Plus-Fixed-Fee (CPFF), Cost and Firm Fixed Price (FFP) contract line items (CLIN).

There have been no significant changes in the requirement since the bridge contract (W91CRB-10-C-0111) was awarded.

On 1 June 2011 a modification was awarded based on Justification and Approval Control No. 11-30 that extended the contract for two (2) months from 31 May 2011 to 31 July 2011 due to unusual and compelling urgency.

b. Acquisition Data Availability: A PWS is available for this requirement. This PWS is suitable for use under full and open competition. Competition is planned for the continuation of these support services from the point in time that the Government can award the follow-on contract.

c. Unusual and Compelling Urgency: This effort is in direct support of the Global War on Terrorism and operational forces in Iraq, Afghanistan and Kuwait. These services are the only known services of their nature supporting the OCONUS CENTCOM AOR. If a modification is not in place by 31 July 2011 a lapse in service will occur which will put the Government at serious life threatening and financial risk. These services are used to repair ISR or like equipment. If this equipment were to fall into a state of disrepair rendering it inoperable, soldiers will be in greater danger of attack from insurgents as their situational awareness will be greatly diminished. Additionally if this modification is not awarded prior to 31 July 2011 there will be no means to repair the ISR or like equipment and the Government would have to spend unnecessary amounts of funding procuring new equipment.

d. Subcontracting Competition: FAR clause 52.244-5, Competition in Subcontracting, is currently included in the contract associated with this J&A.

e. Follow On Contracts: FAR 6.302-1 is not the authority under which this contract action will be processed. This paragraph does not apply to this action.

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:______/s/_________ Date:29 June 2011

El Hadji Ndiaye Logistics Analyst, REF

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.

Signature:______/s/_________ Date:29 June 2011

Rodney Spann Chief of Logistics, REF

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. This determination will be based upon a cost analysis and rate verification based on actual costs incurred by the same offeror, FPRAs, and/or audits. Certified Cost and Pricing Data shall be required in accordance with FAR 15.403-4.

Signature:_____/s/_________ Date:29 June 2011 Kandi A. McDonald Contracting Officer, ACC, APG

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

Signature:_ ____/s/_________ Date:29 June 2011

Kandi A. McDonald Contracting Officer, ACC, APG

APPROVAL

Based on the foregoing justification, I hereby approve the procurement of Field Service Support (FSS) and Task Management to support the OCONUS CENTCOM AOR, on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 2304(c)(2) and FAR 6.302-2 subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Signature:_______/s/_________ Date:12 July 2011 Dennis P. Longo Special Competition Advocate