A02-JA Sole Source_Custodial__Redacted.pdf

CUI//SP-SSEL

Control Number: FY24-0047

CUI//SP-SSEL

(Source Selection Information - See FAR 2.101 and 3.104-4)

1 SEP 2021

Justification Review Document

For Sole Source - FAR Part 13.501* (*Format follows FAR 6.303-2, but modified to reflect FAR subpart 13.5 procedures)

Program/Equipment: Custodial services at Vicenza Military Community (VMC)

Authority: 41 United States Code 1901 as implemented in Federal Acquisition Regulation 13.501(a)(1)(ii), sole source under the authority of the simplified procedures for certain commercial items.

Amount: (PoP: 2 months plus 2 option months)

Prepared by: COR, Contract Management Specialist

Directorate of Public Works (DPW), O&M Division

Date: 19 August 2024

Technical Representative:

O&M Division, USAG-Italy

Reviewed on: 19 August 2024

Contracting Officer: , Regional Contracting

Office – Vicenza, 414th Contracting Support Brigade

Requirements Representative:

Control Number: FY24-007

3 SEP 2021

Sole Source Justification and Approval Under FAR 13.501

1. Contracting Activity: 414th Contracting Support Brigade (CSB)

2. Description of Action: The 414th CSB requests approval for a sole source Justification and Approval (J&A) to award a follow-on custodial services contract to the incumbent contractor, La Mondial, with a Period of Performance (PoP) consisting of two (2) months, plus two (2) one-month option periods from 30 September 2024 to 29 January 2025. The current custodial services contract W912PF-19-P-0044 will expire on 30 September 2024. This four-month J&A will allow time to resolve the post-award protest filed with Army Material Command (AMC) on 26 July 2024 in response to the competitive contract award W912PF-24-D-U004 and ensure a smooth transition between the incumbent contractor and new awardee. The bridge contract’s estimated value is and will be funded with FY24 Operations Maintenance – Army (OMA) appropriations funds.

3. Description of Supplies/Services: The four-month, sole source requirement is for custodial services at United States Army Garrison (USAG) -Italy Vicenza and Poggio Renatico (FE) locations. The contractor will provide all labor, management, tools, equipment, supplies, chemical cleaning products, supervision, transportation, and other items or services to ensure that the custodial services are performed at the locations within United States Army Garrison (USAG) - Vicenza Military Community, as specified within the terms and conditions of Performance Work Statement (PWS). The PWS, Technical Exhibits and requirement of the custodial follow-on bridge contract will be the same as on contract W912PF19P0044 which La Mondial, the proposed bridge contractor, is currently performing.

A 30-day phase-in period is required to ensure a smooth transition occurs prior to the new awardee’s full assumption of responsibility for execution of the mission essential performance based tasks. The J&A’s PoP fully accounts for the anticipated protest resolution time and will potentially account for unforeseen events that may happen during the protest resolution process. The potential unforeseen events include but are not limited to: extended delay in AMC providing a decision; need to take corrective action and re-evaluate; protestor escalating grievance to the Government Accountability Office (GAO).

4. Authority Cited: 41 United States Code 1901 as implemented in Federal Acquisition Regulation 13.501(a)(1)(ii), sole source under the authority of the simplified procedures for certain commercial items.

4 SEP 2021

5. Reason for Authority Cited: Circumstances of the contract action deem only one source reasonably available. A sole source bridge contract is required to ensure continuity of the services while the AMC post-award protest is being resolved. Custodial services are mission essential services that directly impacts the health and quality of life of U.S Army soldiers, Department of Army civilians, contractors, family members, and other VMC stakeholders that access the respective installations. Due to procurement and contractor transition timelines, award to any contractor other than the incumbent would result in a break in service. Performance gaps are unacceptable delays in fulfilling USAG-Italy VMC’s custodial requirements. By awarding the bridge contract directly to the incumbent, there is no transition time required and there will be no gap in performance. The incumbent is thoroughly familiar with the services to be performed and are fully mobilized, complete with a staff capable of fulfilling the Government's requirement.

6. Efforts to obtain competition: Full and open solicitation (W912PF24Q0047) for this requirement was posted on SAM.gov with quotes due on 28 June 2024. The Government received 10 quotes and, after the evaluation process, awarded contract W912PF24DU004. Following resolution of the AMC protest, a competitive contract is anticipated to be in place.

7. Actions to Increase Competition: As indicated in the preceding paragraph, a full and open solicitation was posted on SAM.gov and the competitive contract action was awarded on 16 July 2024. After resolution of the AMC level protest, a competitively awarded action will be in place.

8. Market Research: This is a recurring requirement for USAG-Italy, Vicenza area. The current contractor has performed the VMC custodial requirements for five-years and six-months. In support of the re-compete, Market Research was recently executed in accordance with FAR Part 10 and DFARS Part 210. The results are included in PCF cabinet W912PF24DU004 and show several interested vendors capable of executing the performance-based requirements. The 414th CSB received 10 quotes in response to the local solicitation. Subsequently, award was made to the responsible quoter with the lowest priced quote that met or exceeded all the minimum mandatory criteria in the solicitation. The Government will execute Market Research on an ongoing basis and take advantage of commercially available market research methods.

9. Interested Sources: As stated in above paragraphs 6 and 8, the 414th CSB received 10 quotes in response to the full and open competitive solicitation for VMC custodial services. In support of this J&A requirement, a Notice of Intent to Sole Source/Synopsis was not posted to SAM.gov. In accordance with FAR subpart, 5.202(a)(12), a notice of intent to sole source is not required because the proposed action: 1) is by a Defense agency; 2) will be made and performed outside the United States; and 3) only local sources will be solicited.

5 SEP 2021

10. Other Facts:

a. Procurement history.

1) Current contract W912PF19P0044 for Custodial services at VMC was awarded to LA MONDIAL srl with PoP of 30 SEP 2019 / 31 MAR 2024. Under contract modifications P00030, P00033 and P00034 the contract was extended until 30 SEP 2024. LA MONDIAL srl is currently performing under FAR 52.217-8;

2) Contract W912PF24DU004 was awarded as a LPTA to B.S.F. srl in the amount of €7,300,000.00 on 16 JUL 2024 using full and open competition.

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.

Contract Management Specialist

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.

(DPW) – USAG Italy

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 basis of this determination will be made using various

6 SEP 2021

price analysis techniques outlined in FAR 13.106-3. This requirement is commercial and less than $2M; therefore certified pricing data is not required.

, Regional Contracting Office – Vicenza, 414th Contracting Support Brigade

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

Approval

Based on the foregoing justification, I hereby approve the procurement of 2 months plus two (2) months option period Bridge contract for Custodial services at VMC with an estimated value of on an other than full and open competition basis pursuant to the authority of 41 U.S.C. 1901 as implemented by FAR 13.501, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.