Notice of intent to award a bridge contract for the current Training Instructor Operator Support Services (TRIOSS)

CLARIFICATION ON TRIOSS BRIDGE CONTRACT (16 MARCH 2024): 

The purpose of this message is to clarify the Government's Notice of Intent, issued on 27 Feb 2024, to issue a sole source bridge contract to Phoenix Logistics, LLC, (CAGE 0SCJ7), in place of the current Training Instructor Operator Support Services (TRIOSS) Contract/Task Order W900KK18D0029/0001, set to expire 28 April 2024.  This update is not provided to solicit additional comment regarding the impending Bridge action.

The period of performance for the current TRIOSS Contract / Task Order W900KK18D0029 / 0001 expires 28 April 2024, with no options available to extend the current period of performance. The MIOSS Contract (W900KK-23-C-0025) Award, which is the follow-on to the current TRIOSS contract, is currently under litigation with GAO, which will likely take a minimum of 3-4 months to resolve.

The services for subject TRIOSS Bridge Contract will remain the same as provided under the current TRIOSS Contract/Task Order W900KK18D0029/0001. No deviation from the current services performed under TRIOSS will occur. The TRIOSS Bridge Contract will be an interim effort, awarded to the current contractor Phoenix Logistics, and will conform to the existing TRIOSS Contract/Task Order (W900KK18D0029/0001) and associated Performance Work Statements (PWSs).

NOTE: The MIOSS Performance Work Statement (PWS), which was included with the initial TRIOSS Bridge Contract SAM.Gov Notice of Intent on 27 Feb 2024, has since been removed and replaced with the current TRIOSS Base and Task Order PWSs. Again, there will be no deviation from the current services performed under the current TRIOSS Contract / Order W900KK18D0029/0001, for the TRIOSS Bridge Contract.

The TRIOSS Bridge Contract is planned for a limited period, not to exceed 12-months.  The contract will consist of three (3), four (4) month performance periods, including a 4-month base period, commencing 29 Apr 2024 – 28 Aug 2024. The additional 4-month option periods, including Option 1 (29 Aug 24 – 28 Dec 24), and Option 2, commencing 29 Dec 24 – 28 Apr 25, will only be exercised if Corrective Action is not successful and litigation proceeds longer than anticipated (3-4 months).

CORRECTIVE ACTION

BLUF:  Corrective action could result in:

     (1) award to the existing contractor,

     (2) award to a new contractor, or 

     (3) re-solicitation of the MIOSS acquisition. 

NOTE: The Government does not anticipate re-solicitation of MIOSS but cannot rule it out as a possibility.

Corrective action has already commenced and includes the following:

     a. Re-evaluation of the Protestor’s Proposal in accordance with the MIOSS Solicitation (W900KK-23-R-0016) Evaluation Criteria.

     b. After re-evaluation of the Protestor’s proposal, a determination of the impact to the source selection decision will be made, when considered against the Solicitation Evaluation Criteria.

     c. If the Army ultimately selects a different offeror for award after re-evaluation, the Army will terminate for convenience the original contract award.

     d. The Army reserves the right to take additional corrective actions or measures that the Contracting Officer determines appropriate during implementation of Corrective Action.

Lastly, I’ve included Protest and Corrective Action information below to provide additional clarity on the sequence of events thus far.  If you have any additional questions, please contact me at: phillip.b.davis16.civ@mail.mil, or (407) 244-4971.

MIOSS GAO PROTEST

On 11 July 2023, a GAO Protest (B-421803.1) was filed relating to Army Contracting Command - Orlando (ACC-ORL) award of the MIOSS Contract W900KK-23-C-0025, resulting from Solicitation W900KK-23-R-0016 (Amendment 0001). Due to the timely receipt of the Protest, on 12 July 2023, ACC-ORL issued a Stop Work Order on the MIOSSS Contract W900KK-23-C-0025, which is still in place today (16 March 2024). On 20 July 2023 ACC-ORL informed GAO of its intent to take corrective action, and on 25 July 2023, GAO dismissed the initial Protest (B-4211803.1), pending the Government’s corrective action. After the Government’s initial Corrective Action, a new GAO Protest (B-421803.2) was filed on 7 Feb 2024. On 7 March 2024, ACC-ORL informed GAO of its intent to take Corrective Action once again, and as a result, on 12 March 2024 GAO dismissed Protest (B-421803.2), pending the Government’s Corrective Action, which cannot be resolved prior to the expiration of the current TRIOSS Contract / Task Order (W900KK18D0029/0001), set to expire 28 April 2024.

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NOTICE OF INTENT TO AWARD SOLE SOURCE AND IS NOT A REQUEST FOR COMPETITIVE PROPOSALS.

This is a notice of intent to award a sole source contract under statutory authority 10 U.S.C. 2304(c)(1) and 3204(b)(B) set forth in Federal Acquisition Regulation (FAR) 6.302-1(a)(2)(iii)(B) and Defense Federal Acquisition Regulation Supplement (DFARS) Procedures, Guidance, and Information (PGI) 206.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

Army Contracting Command-Orlando (ACC-ORL) has identified a need to award a sole source, fixed price contract to

Phoenix Logistics, LLC, (CAGE 0SCJ7), to continue to perform the o provide credentialed Instructors and Instructor/Operator support services for the Medical Simulation Training Centers. The requirements facilitate Combat Medics enhancing their skills and honing their tactics, techniques and procedures, Military Occupation Specialties (MOS) proficiency and skills to complete their wartime mission.

The anticipated contract is needed to ensure the continued support of the TRIOSS while a protest of the follow-on contract is resolve.   Services performed under this sole source action will include continuation of the non-personal services covered under the previous Task Order (W900KK18D0029-0001) to provide Medical Instructor Operators across 25 locations as defined in the relevant performance work statement (PWS), Att_1_Performance Work Statement PWS-MIOSS_as of 14 July 2022 (MIOSS is the follow-on contract and the most current PWS).  The Government shall not exercise any supervision or control over the personnel performing the services herein. Such contract service provider shall be accountable solely to the Contractor who, in turn is responsible to the Government. The Contractor shall provide all personnel, manage Government equipment, supplies, facilities, materials, supervision, and other items and non-personal services necessary to support the operation of the TRIOSS bridge contract as defined in the PWS.

No other contractor is in the position to assemble a large diverse team to provide credentialed Instructor/Operator support services for the Medical Simulation Training Centers. Award to anyone other than the current contractor (Phoenix Logistics, LLC) would result in a significant break in service and unacceptable delays in fulling the agency’s needs and requirements.  Award of this limited Bridge Contract will ensure ample time for the Government team resolve the current protest and begin services of the follow-on contract by 3rd Qtr FY25.

This is not a request for competitive quotes.  The Government intends to negotiate solely under statutory authority 10 U.S.C. 2304(c)(1) set forth in Federal Acquisition Regulation (FAR) 6.302-1(a)(2)(iii)(B).  Any interested firms must identity their interest and capability to respond to the requirement no later than 14 days after this notice posts.  A determination by the Government not to compete this proposed contract based upon responses to this notice is solely within the discretion of the Government. Information received will normally be considered solely for the purpose of determining whether to conduct a competitive procurement.  Please respond by 12 March 2024 at 1200 hours Eastern Standard Time (EST).  Your response must include your stated TECHNICAL KNOWLEDGE OF AND EXPERIENCE having delivered medical skills training in a simulated environment and information to demonstrate the Contractor’s ability to complete Phase-In activities and commence full performance by the end of the current TRIOSS Contract (28  April 2024).  Send your response to contacting officer Mr. Phil Davis via email, phillip.b.davis16.civ@army.mil with a courtesy copy to contract specialist Mr. Guillermo J. Santiago-Sosa via email, guillermo.j.santiagososa.civ@army.mil.  All responding contractors must be registered to the System for Award Management (SAM).