Bridge_J A_-_Signed_14_Dec_2015.pdf

409th CSB Acquisition Instruction Control No: T-16-J-002

6 December 2013

Annex 409-AI-A-00-01, Templates 1

J&A for Sole Source Template – FAR Part 13.5

Justification Review Document for Sole Source (FAR 13.5)

Program/Equipment: Contracted Driver Support to the Georgia Deployment Program-

Resolute Support Mission (GDP-RSM)

Authority: Simplified Procedures for Certain Commercial Items, as implemented by FAR 13.5.

Amount: $ Base Period: 22 December 2015 – 21 January 2016 (31 Days) = $80,300.00

1st Option Period: 22 January 2016 – 21 February 2016 (31 Days) = $80,300.00

2nd Option Period: 22 February 2016 – 21 March 2016 (29 Days) = $75,700.00

Total Estimated Cost with Bridge and Options = $236,300.00

Prepared by:

Typed Name: Christopher Toso

DSN: 483-5199

Title: Contract Specialist

Date: 20151210

E-mail: Christopher.l.toso.civ@mail.mil

Contracting Officer:

Typed Name: Justin R. Mauser

DSN: 483-5511

Title: Contracting Officer

Date: 20151209

E-mail: Justin.r.mauser.civ@mail.mil

Technical Representative:

Typed Name: Capt Daniel Frank

Commercial: +995 32 291 14 84

Title: Contracting Officer Representative / Liaison Officer

Date: 20151207

E-mail: FrankDM2@state.gov

Annex 409-AI-A-00-01, Templates 2

Reviews: I have reviewed this Justification and find it adequate to support sole source.

Program Manager:

Typed Name: LtCol William Vanzwoll

DSN: 314-431-2137

Signature: _________________________________ Date: ____________________

Legal Counsel:

Typed Name: MAJ Charles D. Halverson

DSN: 314-483-5153

Signature: _________________________________ Date: ____________________ william.vanzwoll Typewritten Text william.vanzwoll Typewritten Text william.vanzwoll Typewritten Text 11 Dec 2015

Annex 409-AI-A-00-01, Templates 3

J&A for Sole Source Template – FAR Part 13.5

Justification Review Document for Sole Source

(FAR 13.5 Simplified Procedures for Certain Commercial Items)

Original

Amendment

Amendment Number N/A

Original estimated total contract value $ 236,300.00

New total estimated contract value (if amended) $ N/A

1. Contracting Activity: The United States Army, 409th Contracting Support Brigade (CSB)

RCO Benelux

RCO Bavaria Bamberg (sub-office) Ansbach (sub-office)

Stuttgart (sub-office)

RCO Wiesbaden

Theater Contracting Center (TCC)

2. Description of Action:

A. Requirement:

New Requirement

Follow-on Requirement

Mod to Existing Purchase Order/Contract Number

For modifications or follow-on requirements:

i. The contract was originally awarded: Competitively Sole Source

ii. The contract number is: W912PB-12-D-0109

iii. The total value of the contract: $2,927,000.00

B. Type of Contract/Pricing Arrangement:

Firm-Fixed-Price (FFP) Time-and-Materials (T&M)/Labor-Hour

Hybrid, explain: Other:

C. Type of Funds:

FY _____ Operations and Maintenance, Army (OMA) FY_____ Other Procurement, Army (OPA) FY_____ Construction Other Funds: MIPR Number

M2006016MP16001 - Coalition Readiness Funds, Coalition Readiness Support Program

D. Name of Proposed Contractor: Pakosi

Street Address: 23b/18

City, State, Zip: Tbilisi, 0138 Georgia

Phone: +955 (598) 745-007 / pakosiltd@yahoo.com

Annex 409-AI-A-00-01, Templates 4

3. Description of Supplies/Services:

The Georgian Deployment Program (GDP) is a multi-year training program with the goal to increase the interoperability between the Georgian Army and Resolute Support Mission

(RSM). The training consists of six six-month rotations designed to train six Georgian infantry battalions in Force Protection and Quick Reaction Force tactics, techniques, and procedures in preparation for their deployment to Afghanistan in support of RSM.

The contractor shall provide all the required personnel, inclusive of supervisors and day to day management, to accomplish the following services during the specified periods of performance and maintain the established performance standard herein: Full-time Vehicle Dispatchers, and

Vehicle Drivers with basic English skills and business experience in a English–speaking environment, including delegating requests to drivers.

The core hours of work are Monday to Thursday 0700-1900 hrs (12 hours), Fridays and

Saturdays work hours will be 0700 to 0200hrs (19 hours), and Sundays work hours are 0700-

1800hrs (11hours). A minimum of two dispatchers will be needed seven days a week between the hours of 0900hrs to 1600hrs Monday thru Sunday. All other hours can be managed by one dispatcher. On call services- at least one dispatcher shall be available by phone during non-core hours to provide assistance and to resolve unforeseen issues as needed. Such calls should be on rare occasions and require less than one hour to complete. Price for those on-call services shall be included in the price for dispatcher and will not be invoiced separately.

Dispatchers and Drivers must work within the Georgian Labor Laws.

Actions with Options:

Base Period: 22 DEC 2015 to 21 JAN 2016 Value: $ 80,300.00

Option Period 1: 22 JAN 2016 to 21 FEB 2016 Value: $ 80,300.00

Option Period 2: 22 FEB 2016 to 21 MAR 2016 Value: $ 75,700.00

Total: $ 236,300.00

4. Authority Cited: Simplified Procedures for Certain Commercial Items, as implemented by

FAR 13.5, for the purposes of: unusual and compelling urgency exclusive licensing agreements industrial mobilization other: Only One Responsible Source and No

Other Supplies or Services Will Satisfy Agency Requirements

5. Reason for Authority Cited:

Per FAR 13.501(a)(1), Acquisitions conducted under simplified acquisition procedures are exempt from the requirements in Part 6. However IAW FAR 13.501 (a)(1)(ii), contracting officers must prepare sole source justifications using the format at 6.303-2, modified to reflect that the procedures in FAR subpart 13.5 were used in accordance with 41 U.S.C. 1901 or the authority of 41 U.S.C. 1903. For the purposes of this J&A, we are following the guidelines of

FAR 6.302-1(a)(2)(iii), Only One Responsible Source and No Other Supplies or Services Will

Satisfy Agency Requirements for excluding competition.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/06.htm#TopOfPage http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/06.htm#P233_32505

Annex 409-AI-A-00-01, Templates 5

J&A for Sole Source Template – FAR Part 13.5

FAR 6.302-1(a)(2)(iii) Only One Responsible Source and No Other Supplies or Services Will

Satisfy Agency Requirements: For DoD, NASA, and the Coast Guard, services may be deemed to be available only from the original source in the case of follow-on contracts for the continued provision of highly specialized services when it is likely that award to any other source would result in--

(A) Substantial duplication of cost to the Government that is not expected to be recovered through competition, or

(B) Unacceptable delays in fulfilling the agency’s requirements. (See 10 U.S.C.

2304(d)(1)(B).)

Services under W912PB-12-D-0109 expire on 21 Dec 2015. In order to ensure continued performance, the bridge contract for transportation services must begin no later than 22 Dec

2015. The current expectation is that the competed (W564KV-16-R-0031) effort will not be awarded until late March 2016.

Pakosi LTD is currently performing the contract for transportation services under W912PB-

12-D-0109. As such, they are in the best position to ensure that there is not a lapse in contracted vehicle support during the re-competition process. Pakosi LTD’s service is critical for supporting the Pre-deployment Training Program, which trains Georgian soldiers, U.S.

Marines, and U.S. Sailors to deploy in support of Combat/Contingency Operations in

Afghanistan. A lapse in contract performance would result in Soldiers, Marines and Sailors missing key training objectives, thus reducing the level of preparedness for ongoing deployments. Pakosi LTD has an intimate knowledge of key terrain features and standard operating procedures, which are essential to the Casualty Evacuation Plans, Force Protection and Force Preservation.

Due to the growing threat of terrorist and criminal activity against the United States and its allies, it is critical to run criminal background investigations in coordination with

MARFOREUR/AF, US Embassy Tbilisi and the Georgian Ministry of Internal Affairs. The

Incumbent (Pakosi) currently has drivers who have passed the criminal background investigation. Executing a bridge contract will reduce the risk of insider threat until all potential candidates can be vetted during the reacquisition process.

A lapse in vehicle support would trip U.S. Marine Corps Forces, Europe and Africa

(MARFOREUR/AF) Commander’s Critical Information Requirement (CCIR) 3: Assigned or attached personnel/units unable to execute a scheduled or emergent operational event (non-exercise) or forces report falling below readiness requirements to support assigned operational missions.

6. Efforts to Obtain Competition:

By bridging the current contract, the government is providing a greater opportunity for potential offerors to provide eligible drivers based on criminal background investigations.

Based on the current timeline, only the incumbent would have the opportunity to present drivers to the Government with verified background investigations. The follow-on to this

Annex 409-AI-A-00-01, Templates 6

J&A for Sole Source Template – FAR Part 13.5 requirement is currently being coordinated at the Theater Contracting Center and will provide for full and open competition on FedBizOpps, reference W564KV-16-R-0031.

Synopsized on or is planned to be synopsized on/around 04 Jan 2016 (within 14 days of contract award per the 409th AI), and any bids or proposals received shall be considered.

Exception to synopsis applies in accordance with FAR:

5.202(a)(1) Synopsis cannot be worded to preclude disclosure of agency’s needs and disclosure would compromise national security .

5.202(a)(2) Contract action made under conditions described in 6.302-2 and the

Government would be seriously injured if it complied with the time periods specified in 5.203.

5.202(a)(3) Contract action is one for which written direction from a foreign government reimbursing the agency for costs of the acquisition must be made to a specified source, or is made under the terms of an international agreement or treaty.

5.202(a)(4) Expressly authorized or required by statute to be made through another

Government agency.

5.202(a)(5) Utility services and only one source is available (other than telecommunications).

5.202(a)(6) Contract action is placed using FAR 16.5

5.202(a)(7) Contract action is the result of a proposal accepted under the Small

Business Innovation Development Act of 1982 (SBIR Program).

5.202(a)(8) Contract action is the result of accepting an unsolicited research proposal with a unique and innovative concept that if solicited would disclose the originality of innovativeness or would disclose proprietary information associated with the proposal.

5.202(a)(9) Contract action if for perishable subsistence supplies and advance notice is not appropriate or reasonable.

5.202(a)(10) Contract action is made under conditions described in 6.302-3, or

6.302-5 with regard to brand name commercial items for authorized resale, or 6.302-

7, and advance notice is not appropriate or reasonable.

5.202(a)(11) Contract action is made under terms of an existing contract previously synopsized in sufficient detail to comply with requirements of 5.207.

5.202(a)(12) Contract action is by a Defense agency and will be made and performed

OCONUS and only local sources will be solicited. Does not apply to actions covered by the World Trade Organization Government Procurement Agreement

(WTOGPA) or Free Trade Agreement (FTA) (see FAR 25.4).

5.202(a)(13) Contract action is expected not to exceed the SAT, will be made through the GPE, and permits the public to respond electronically.

5.202(a)(14) Contract action is made under conditions described in 6.302-3 with respect to the services of an expert to support the Federal Government in a current or anticipated litigation or dispute.

5.202(b) Head of the Agency has determined in writing that advance notice is not appropriate or reasonable.

Annex 409-AI-A-00-01, Templates 7

7. Market Research:

Market Research Report GDP-RSM Transportation Support Background Information

Author: LtCol John Renouard

Report Date: 17 February 2015

Organization: Marine Forces Europe

Report Title: GDP-RSM Transportation support

Service Requirement U.S. Marine Corps Forces, Europe and Africa and the Georgia Deployment Program-Resolute Support

Mission (GDP-RSM) of the 2nd rotation of training and through the continuation of the program through CY16.

Historical Service Information: The next training mission, GDP-RSM will continue in Georgia and training (6) Georgian Light Infantry Battalions for deployments to Afghanistan. Work occurs in both

Georgia and Germany.

Potential Vendors : Pakosi LTD

Specific Requirements:

The contractor will provide up to (12) Sport Utilities Vehicle, with Driver (SUV) (12 each) Minimum

140 HP, 4X4, four doors, capable of carrying 4 passengers and a driver. (12 hours a day) (12)

The contractor will provide up to (3) Minivan with Driver, Capable of carrying (8) passengers and a driver, 12 hours a day.

The contractor will provide (2) each Sport Utility vehicle with driver that will serve as a 24/7 vehicle aboard Krtinaisi National Training Center (KNTC) .

The contractor will provide (1) truck with a work bed.

Normal work day is 12 hours

Research Methods:

This market research was conducted by contacting local rental car companies to include: Geo Rent Car, GSS, Naniko, and CARs 4 Rent. The market research revealed that this type of service is readily available in the commercial market place. Local car rental companies should be able to provide the type and number of vehicles with relative ease. A change in vendors might require a transition period of 30-60 days to allow for hiring actions (drivers) and/or background checks for the new hires.

Certification:

Referring to DASA (P) Memorandum, dtd 13 April 2012 it is stated that the IGCE was developed independently by the undersigned.

Price inquiries were conducted with different firms listed on the "Market Research Statement."

8. Interested Sources:

Vira LTD

GSS

Avis

Pakosi LTD

KVG

WT Group

Tech Trans International

Annex 409-AI-A-00-01, Templates 8

9. Actions to Increase Competition:

By extending the solicitation timeline and sole sourcing the “Bridge,” we are allowing each company the opportunity to present drivers with valid criminal background investigations.

Currently, Pakosi LTD is the only company with verifiable drivers. The re-acquisition effort that is to be solicited will be posted to FedBizOpps to allow full and open competition. The drafted solicitation is for a FFP IDIQ contract, reference W564KV-16-R-0031.

10. Other Facts:

N/A

Annex 409-AI-A-00-01, Templates 9

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. I also certify that this requirement meets the organization’s minimum needs for this item, and/or schedule requirements, at this time.

Typed Name: Capt Daniel M. Frank

Date: 20151208

Title: Contracting Officer Representative / Liaison Officer

Signature: _____________________________________________________________________

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. I also certify that this requirement meets the organization’s minimum needs for this item, and/or schedule requirements, at this time.

Typed Name:

Date:

Title:

Signature: See Above

13. Fair and Reasonable Cost/Price Determination:

I hereby determine that the anticipated price to the Government for this contract action will be fair and reasonable.

This determination will be made using the following: price analysis IGCE other: Comparison to prices already deemed fair and reasonable under W912PB-12-

D-0109

As a part of this basis, certified cost or pricing data is not required because the item and/or services being acquired are considered commercial.

I also certify that this Justification is accurate and complete to the best of my knowledge and belief.

Typed Name: Christopher L. Toso

Date: 10 Dec 2015

Title: Contract Specialist

Annex 409-AI-A-00-01, Templates 10

Approval

Based on the foregoing Justification, I hereby approve the procurement of Contracted Driver

Support to the Georgia Deployment Program-Resolute Support Mission (RSM) on an other than full and open competition basis pursuant to the Simplified Procedures for Certain Commercial

Items, as implemented by FAR 13.5, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Typed Name: Justin R. Mauser

Date: 10 Dec 2015

Title: Contracting Officer