APPROVED Jackson JA 2020_42_Redacted.pdf

Control No.: MICC 2020-42 Contractor: Agile Infrastructure Services, LLC Program/Equipment: DPW Construction JOC

Version – September 2018 FOR OFFICIAL USE ONLY

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

1. Contracting Activity: U.S. Army Mission and Installation Contracting Command (MICC) – Fort Jackson, 4340 Magruder Avenue, Fort Jackson, South Carolina 29207

2. Description of Action: The Directorate of Public Works (DPW) Fort Jackson requests a firm-fixed-price (FFP) modification to Job Order Contract (JOC) W9124C-15- D-0005 with AGILE INFRASTRUCTURE SERVICES, L.L.C., 128 W. CAMERON AVE, KELLOGG, ID 83837-9708, to increase the ceiling capacity and extend the ordering period. The Government projects award of this modification for July 2020. No funds will be used in this action. All funds made available for projects under this JOC will be incurred at the job (or task) order level and certified appropriate for each project awarded under the contract. This contract modification action seeks to increase the maximum ceiling amount of the contract by $13 million to continue to accommodate minor construction and installation repair and maintenance projects identified as necessary to ensure the safety of installation personnel and property to allow completion of the acquisition process and award of the follow-on contract, currently being competed as a multiple award, task order contract (MATOC). The current JOC was awarded September 2015 with a $70 million ceiling capacity and five year period of performance. It currently has a remaining ceiling capacity of that is estimated to be consumed by mid-July 2020. This action will also extend the ordering period, by three (3) months (18 September 2020 through 17 December 2020).

3. Description of Supplies/Services: Fort Jackson is the largest and most active Initial Entry Training Center (IETC) in the United States Army, training over 50 percent of all Soldiers entering the Army each year. Fort Jackson’s primary mission is providing the Army with highly trained, disciplined, motivated and physically fit warriors who espouse the Army’s core values and are focused on teamwork. The DPW at Fort Jackson utilizes this contract to plan, maintain, operate, and protect the Fort Jackson infrastructure, facilities, and environment. Construction, maintenance and repair include but are not limited to the following systems and disciplines: Foundation and Site work, General Plumbing, Concrete and Masonry, Roofing, Electrical Distribution System, Heating, Ventilation, and Air Conditioning, Natural Gas Distribution System, Doors and Windows, General Carpentry, General Mechanical, General Electrical, Electronic Safety and Security Systems, Thermal/Moisture Protection, Storm Water Collection System, Demolition and Removal, Transportation Infrastructure Systems, Earthwork, Central Energy Plant Distribution, Fire Suppression and Alarms, Central Energy Generation Systems, Project development from concept, Asphalt Paving, and Bridge and Dam Repair at Fort Jackson, South Carolina. The work takes place in buildings and on grounds and roads, in ancillary facilities, on above and underground utilities, and on training lands/ranges located on Fort Jackson including, but not limited to, administrative facilities, maintenance shops, child development centers, physical fitness centers, maintenance shops, food service facilities, airfield structures (including rigid and flexible paving), roads, athletic fields, bridges, underground utilities, overhead utilities, gates, warehouses, and auditoriums.

Multiple projects have already been identified as needing completion immediately; to delay these projects pending award of the follow-on contract would result in damage to property or person and seriously impact installation readiness and mission success.

These projects include HVAC repair and replacement, roof replacements, storm water systems maintenance and repair, repair of concrete aprons, and multiple road repair and maintenance projects. Required completion of these projects range from July 2020 through December 2020.

Extension of Ordering Period: 18 September 2020 to 17 December 2020

Total Value of Ceiling Increase through 17 December 2020: $13,000,000.00

4. Authority Cited: Title 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Reason for Authority Cited:

a. As described at FAR 6.302-1(a)(2), when the supplies or services required by the agency are available only from one responsible source, or for DoD, NASA and the Coast Guard, from only one or a limited number of responsible sources, and no other types of supplies or services will satisfy agency requirements, full and open competition need not be provided for. As further described in FAR 6.302-1(a)(2)(iii)(B), services may be deemed to be available only from the original source for the continued provision of highly specialized skills when it is likely that award to any other source would result in unacceptable delays in fulfilling the agency’s requirements. This contract modification will allow for the continuation of mission critical minor construction, repair, and maintenance support services to keep the installation infrastructure, facilities, and environment operating and protected and in a ready state, ensuring the safety of installation personnel and property. As noted in paragraph 3, multiple projects have already been identified on the Fort Jackson Priority Project List (PPL) as needing completion immediately; to delay these projects pending award of the follow-on contract would result in damage to property or person and seriously impact installation readiness and mission success. The following are examples of the task orders to potentially be issued under the increased contract.

1) Roof repairs and replacement projects: It is imperative these repairs are started and completed expeditiously. To award an individual short term contract for these repairs will result in unacceptable delays to fulfilling these requirements. The additional time for solicitation, evaluation, negotiation and award, is additional time that could lead to the need for additional repairs. If the contract ceiling were not increased it could prove catastrophic for the installation as well as more costly. Delaying the

c. This modification to increase the ceiling of the existing MATOC allows the Government the flexibility to meet its immediate and emergency requirements without delays that could cause potential harm to people or property. The smaller, non-emergency requirements can be scheduled for task orders under the follow-on MATOC once awarded. As an IDIQ, this increase will cover only those projects identified on the Fort Jackson PPL. Since this is an IDIQ ordering vehicle, and all minimum guarantees have already been met, the Government is under no obligation to place task orders beyond what is necessary to meet those emergency, or urgent need projects. This holds true for the extension of the ordering period as well; upon award of the MATOC the Government is within its rights to stop issuing orders under the current contract and begin issuing those orders under the new follow-on contract.

This modification will increase the JOC ceiling and extend the ordering period to allow for completion of those projects identified as priority and critical on Fort Jackson to ensure safety and security of personnel and property pending the award of the follow-on MATOC. Current milestones for the follow-on MATOC anticipate an award date of December 2020. The extension to the ordering period provides for continued support to ensure installation readiness and mission success pending award of the follow-on MATOC to ensure Fort Jackson remains in a ready state in accordance with all safety, environmental, and quality requirements.

d. Impact if this justification request is not approved. Without a JOC ceiling increase, the Fort Jackson PPL would experience unacceptable delays leading to negative safety, production and cost implications. Increasing the ceiling on the existing JOC with Agile is imperative to successful completion of the projects on the Fort Jackson PPL and keeping the installation in a ready state for all mission training until a follow-on competitive contract can be awarded.

6. Efforts to Obtain Competition: In accordance with FAR 5.201, the Contracting Officer published a Sources Sought Synopsis (SSS) on 18 June 2020 and considered the capability statements received from industry.

a. Effective Competition: Four responses to the sources sought notice were received and considered. Prior to 31 July 2020, the solicitation for the MATOC will be posted. The current and follow-on contract will be awarded on a competitive basis as a HUBZone Small Business set-aside.

b. Subcontracting Competition: As a small business set aside, a subcontracting plan was not required at the time the JOC IDIQ was awarded. However, all subcontracting requirements will remain in accordance with the existing terms and conditions of the IDIQ contract.

7. Actions to Increase Competition: The contracting office is actively working the acquisition for the follow-on competitive MATOC, which based on market research will be set-aside for, and competed among, HUBZone small business concerns. The

. However, as stipulated in paragraph 5.b above, while competition has been identified and a short-term contract could be awarded for each individual project as they arise, doing so would result in significant delays to allow the necessary time for a proper acquisition process. The PALT goals for projects above the Simplified Acquisition Threshold (SAT) to less than $10 million is up to 105 days. Awarding a task order under the existing JOC is approximately 30 to 45 days, dependent on complexity and coordination of site visits.

Because of the current operating environment of the COVID-19 pandemic, coordination of site visits has proven to be difficult and time consuming, thus extending PALT timelines. It is likely that these delays in coordination, would not only guarantee a competitive process at the higher end of the PALT goals, 105 days, but may even exceed them. It also important to point out that, as stated previously in this J&A, that due to this pandemic, many supplies are in short supply; therefore, it is critical the Government utilize the most time effective method of awarding and completing these required repairs and facility maintenance projects to avoid harm or damage to personnel or property.

b. Market research for this effort also included a review of interested vendors and availability of competition for the follow-on acquisition package as there is no evidence to indicate any substantial changes would occur in results. For the follow-on MATOC, the contracting officer completed a review of the existing and potential industry base that exists for NAICS code 236220; this review clearly demonstrated a vast number of potential small business firms capable of providing the required services. In determining if a small business set-aside was the appropriate acquisition strategy for the requirement, two primary research techniques were used:

1) The contracting officer reviewed the previous experience under the existing JOC contract which was set-aside for HUBZone Small Business. After compiling their market research reports to verify the NAICS code, SAM, GSA, SBADS and EDWOSB, the number of HUBZone Small Businesses both in,and out of the state of South Carolina were high enough to support a set-aside for HUBZone for the follow-on contract.

2) Market research efforts logically pointed to a HUBZone set-aside for NAICS code 236220, Commercial and Institutional Building Construction, which has a $39.5 million size standard. This was identified in the following way:

a) A sources sought was posted on FBO on 08 August 2018 for 24 days and closed on 31 August 2018. We received responses from contractors in the following socio-economic groups:

8(a) - 13 HUBZone - 6

VOSB - 8

DSB - 5

on Fort Jackson thus the capacity for the five year follow-on MATOC has been increased from $70 million to $140 million. In order to complete multiple priority projects prior to completion of the acquisition and award of the follow-on MATOC, this action will modify the current JOC maximum value, increasing it from $70 million to $83 million.

This increase will accommodate only those projects deemed most critical.

2) Contract W9124C-13-D-0001 is a single source IDIQ JOC contract with FFP orders awarded to Agile Infrastructure Services, LLC in October 2012. It was a base year with two (2) one-year option periods and a maximum contract value of $25 million.

It was awarded as a small business set-aside as well.

b. The release of the solicitation has been previously delayed in order to rework and refine the sample task for the follow-on MATOC. This delay has resulted in the need to increase the maximum contract value for the current JOC contract. The sample task is being reviewed and reworked, and release of the solicitation is anticipated in July 2020 with an anticipated award at the end of December 2020.