Benning_JA_2017_33_REDACTED_2_Jun_17.pdf

Control No. MICC 2017-33 Contractor: Tiya Support Services, LLC

Program: Benning BASOPS Support Services

JUSTIFICATION REVIEW DOCUMENT

FAR PART 6 JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

Program: Base Operations (BASOPS) Support Services for the Directorate of Public Works (DPW), Fort Benning, Georgia.

Authority: 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

Amount: $ 32,000,000.00

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

Program: Benning BASOPS Support Services

Program: Benning BASOPS Support Services

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

1. Contracting Activity: Mission and Installation Contracting Command-Fort Benning, 6600 Meloy Drive, Suite 250, Fort Benning, GA 31905-1339.

2. Description of Action: The Fort Benning Directorate of Public Works (DPW) requests approval for a six (6) month and five (5) days extension for Contract W911SE-10-C- 0011, with Tiya Support Services, LLC to ensure continuing support of BASOPS services at Fort Benning and Camp Merrill through 30 November 2017. The extension will be accomplished by bilaterally modifying the existing contract for operation and maintenance of multiple services and water/waste water treatment plants for the Fort Benning and Camp Merrill Directorate of Public Works (DPW) pending award of a competitive follow-on contract. Fiscal year 2017 Operations and Maintenance Army and Overseas Contingency Operations (OCO) funds will be used. The dollar value of the current contract is estimated at $350,743,739.00. The Source Selection Authority (SSA) for this requirement approved an acquisition plan in accordance with DFARS 207.103(d)(i)(B).

3. Description of Supplies/Services: The services are for buildings and structures maintenance, utility and HVAC Services (inclusive of heating and cooling services), range maintenance (inclusive of berms, range shacks/towers, target systems), cemetery operations at Fort Benning, Georgia (FBG); and remote camp operations (inclusive of maintenance for heating, cooling, electrical/plumbing/roofing maintenance, and operation of the water/waste water treatment plant) at Camp Merrill. This J&A will extend services for six (6) months and five (5) days from 26 May 2017 through 30 November 2017 and the estimated value is $32,000,000.00. The requiring activity has an approved Service Contract Approval Form (SCA) for this extension.

4. Authority Cited: This action is authorized under provisions of 10 United States Code Section 2304(c)(1), as implemented by FAR 6.302-1(a)(2)(iii)(B), 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 type of supplies or services will satisfy agency requirements, full and open competition need not be provided for.

b. Introduction: The current requirement for operation and maintenance of multiple services and water/waste water treatment plant services is performed under contract W911SE-10-C-0011, with Tiya Support Services, LLC and expires on 25 May 2017. The requirement to provide operation and maintenance for multiple services and water/waste water treatment plant services as described in paragraph 3. above is a matter of health and safety, in that lack of operation and maintenance for ranges, buildings, utilities and water/waste water treatment plants which are essential to either

Program: Benning BASOPS Support Services or both the Solders, civilian workforce and family members who either work or reside on the installations.

c. Background: The incumbent contractor, Tiya Support Services, LLC is the only source that can perform this requirement over the proposed period of performance. No other contractor has the ability to mobilize sufficient personnel and equipment in the allotted time to maintain the standard of performance required by this contract.

Successful performance requires a contractor that has the ability to have in place at the time of start of performance, over contractor personnel with the ability to assume the mission. The logistics would take at least 60 days before full performance could be started, and is unacceptable based upon the critical nature of this requirement.

The request to extend the performance period is the result of various delays. The first delay was when the draft solicitation was issued and significant questions were received from industry; which resulted in major re-writes of PWS, independent Government Cost Estimate, performance requirements summary, solicitation and technical exhibits. Secondly, a new SCA package had to be approved through IMCOM channels therefore, the solicitation could not be issued. Finally, additional time is need to issue the solicitation, receive proposals, perform cost realism and price analysis, evaluate proposals, negotiate, perform small business and congressional notifications and make award. In summary, in order to accomplish all of the above actions a six (6) month and five (5) days extension is required.

d. Alternatives:

(1) Suspension of Operation: Suspension of operations is not a viable option.

The public works services for facility maintenance and repair and water/waste water treatment plants are directly tied to the installation’s mission accomplishment. Failure to provide these services will cause mission failure of Fort Benning’s training missions. The intrinsic value of the required services has become more evident as the installation struggles to find services that can be eliminated or reduced in order to accommodate budget shortfalls. The current DPW services have been pared to the minimum levels necessary to support the installation.

(2) Use of In-House Resources: The current contractor employs a staff of FTEs to perform facility maintenance and repair functions. Using government personnel (military or civilian) to replace contractor personnel in the execution of the duties under the contract is not realistic. It would take a minimum under exceptional circumstances 60-90 days to recruit and hire through the civilian personnel system and then an additional 90 days to train the personnel necessary to support the current requirement.

This several-month extension renders this alternative as not viable.

(3) Sole source or competitive offering to another vendor: Magnitude and complexity of the requirements and restrictiveness of time available, make it unrealistic to consider another vendor for the extension timeframe of six (6) months and five (5) days.

Program: Benning BASOPS Support Services

(4) Extension of the current contract: The current contractor has both the manpower and resources to adequately perform these mission critical services for the six

(6) month and five days extension.

e. Justification: These services are available only from the incumbent source as described herein. It is essential that this support be sustained without interruption to mitigate delay of on-going services that will negatively impact the mission at both Fort Benning and Camp Merrill.

f. Prior Acquisitions: There has been one previous contract, which was the result of an OMB Circular A-76 cost comparison competition with industry.

Contract Contractor Size Source Selection

Period of Performance $

DABT60-01-C-

0005 Shaw LB BV –

Tradeoff 29 Aug 01 – 25 Sep 10

478M

d. Impact if J&A not approved: If this J&A for a six (6) month five (5) day extension is not approved, it will jeopardize the continued services which will result in Fort Benning’s inability to support the Army’s Maneuver Center of Excellence in its mission to train the Warfighters and fulfilling the Army’s need to field qualified Infantry and Armor Soldiers. Considering all of the direct, secondary and cumulative impacts to mission and training requirements, the support capabilities to satisfy those requirements will not be met without the continued support of the existing contractor, on-site already to employ the essential supplies and services at the highest level of reliability and effectiveness based on historical experience.

6. Efforts to Obtain Competition: This delay covers an interim period that will provide time for ensuring maximum competition. A Sources Sought notice was publicized from 4-12 May 17 requesting capability statements from industry. Only one 8a vendor responded to the notice.

7. Actions to Increase Competition: The follow-on contract is planned to be competed to the fullest extent possible IAW FAR Part 6, Full and Open Competition after Exclusion of Sources which will be released upon approval of this action. This interim action will provide the time for soliciting, evaluating proposals and making the award.

Program: Benning BASOPS Support Services

Proposed timeline for new contract:

Milestone Date Event 7 Jun 2017 Solicitation posted

10 Jul 2017 Receive and review proposals

25 Jul 2017 Evaluations completed

11Aug 2017 POM/PNM review

23 Aug 2017 CRB complete

24 Aug 2017 Award decision

29 Aug 2017 Congressional Notification

1 Sep 2017 Award contract

8. Market Research: A sources sought synopsis was posted on FedBizOps on 14 December 2016, as required by FAR 5.201. Only one firm has expressed an interest in performing the services for the extension period.

9. Interested Sources: Tiya Support Services, LLC is currently performing the contract and is the only known source that can perform at the required performance level while maintaining continuity of services for the current contract which will expire on 25 May 2017. To date, no other sources have written to express an interest in performing the six

(6) month five (5) day extension for this contract. The notices required by FAR 5.201 were posted to FedBizOpps on 4 May 2017 and any proposals received shall be considered.

10. Other Facts:

a. Procurement History: The services are currently being provided under Contract No. W911SE-10-C-0011 awarded to Tiya Support Services, LLC. The incumbent has been performing the contract requirements for the past five years. The contract was awarded on a full and open competitive basis and was awarded on 9 May 2010. The contract value is $350,743,739.00 which includes a base plus four (4) one year options.

The contract has been extended by three previous justifications and approvals as indicated in the table below.

J&A Number Estimated Amount

Authority Cited Length of Extension From and To Dates

$31.5M FAR 52.217-8 6 Months 26 May 15 - 25 Nov 15

2015-49 $31.5M FAR 6.302-1 3 Months 26 Nov 15 - 25 Feb 16

Program: Benning BASOPS Support Services

2016-27 $54.5M FAR 6.302-1 12 Months 26 Feb 16 - 25 Feb 17

2017-16 $13.3M FAR 6.302-1 3 Months 26 Feb 17 - 25 May 17

On 13 May 2015 MICC 2015-49 covering a nine (9) month extension was approved. This extension included the FAR 52.217-8 6-month period of performance of 26 May 15 – 25 Nov 15 and an additional 3-month period of performance of 26 Nov 15 – 25 Feb 16 to allow adequate time to award the follow on contract that was expiring 25 May 15.

On 23 Dec 2015, a twelve (12) month extension was awarded with a period of performance of 26 Feb 16 - 25 Feb 17. This contract extension was required pending the completion of the follow-on acquisition.

On 3 Jan 17, a three (3) month extension was awarded with a period of performance of 26 Feb 17 - 25 May 17. This contract extension was required pending the completion of the follow-on acquisition.

b. Subcontracting Competition: Tiya Support Services, LLC is itself a small business and it has a history of subcontracting with small businesses whenever possible. These efforts will continue into the bridge effort and will be evaluated in the award fee determination. Tiya Support Services, LLC’s established procedures include stringent adherence to competing subcontracts whenever feasible.

Program: Benning BASOPS Support Services

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.

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.

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost (valued at $32,000,000.00) for this contract action will be fair and reasonable based on cost analysis supported by independent governments estimate, area wage determination, and historical data.

The contractor will be required to submit certified cost data in accordance with FAR 15.403-4. The techniques identified at FAR 15.404-1(c) will be used to ensure the Government pays a fair and reasonable cost. Certified Cost or Pricing Data will be provided by Tiya Support Services, LLC.

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