CUI_YPG JA 2025_01 signed_Redacted 20241107_Redacted.pdf

Control No: MICC 2025-1

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

1. Contracting Activity: U.S. Army Mission and Installation Contracting Command – Yuma Proving Ground (MICC-YPG), 301 C Street, Yuma, Arizona 85365.

2. Description of Action: The United States Army Proving Ground (USAYPG) Directorate of Public Works (DPW) requests a contract modification to contract W911S8-18-D-0018 with Shearwater Mission Support, LLC., 2702 Denali Street Suite 100, Anchorage, Alaska 99503- 2747. The Government projects the award for October 2024 and Fiscal Year (FY) 2025 Operation and Maintenance (O&M) funds will be used. The period of performance for the 4.5 month extension is 01 November 2024 through 15 March 2025. This contract modification will provide for continuation of mission essential Installation Support Services (ISS) at USAYPG.

This extension is required due to Government Accountability Office (GAO) protest file number B-422497.2 filed on 30 September 2024 and will allow GAO time to render their decision within 100 days from the date of filing. This extension will also allow for a transition period between the incumbent contractor and the incoming contractor (phase out) after the GAO decision is rendered, and for the Government to provide timely notification to interested parties under Collective Bargaining Agreements (CBA).

3. Description of Supplies/Services: The ISS contract extension will provide continuous DPW support to plan, program, administer, manage, document and execute work to support maintenance and repair of real property structures and facilities, including electrical systems and equipment, heating plants and equipment, water supply distribution systems, air conditioning/refrigeration plants and evaporative cooling systems, food service equipment, cathodic protection systems, ground maintenance, pest control, heavy equipment operations, sanitary landfill operations, unaccompanied personnel housing operations, emergency repairs, animal control management, special community activities, installation and repair of equipment in place, recycling program, used Hazardous Wastes program (petroleum, oils and lubricants), facility maintenance, and work request project development for USAYPG.

Period of Performance: 01 November 2024 to 15 March 2025.

Total Value: $ 4,181,233.00.

4. Authority Cited: 10 U.S.C. 3204(a)(2), as implemented by FAR 6.302-2 - Unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals, full and open competition need not be provided for.

5. Reason for Authority Cited:

a. As described at FAR 6.302-2, when the agency’s need for the supplies or services is of such an unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals, full and open competition need not be provided for.

Planning was initiated on 20 April 2020 for a follow-on contract to support this on-going requirement. However, the acquisition progress was delayed by 8 months due to the receipt of 503 questions in response to the RFI issued on 21 March 2023. A solicitation was released on 23 August 2023 which resulted in an additional 277 questions from the industry, which were posted with answers to SAM on 23 January 2024. The RFP closed on 26 February 2024. The new BASOPS contract was to be awarded and in place prior to the expiration of the subject contract.

The current IDIQ has a base plus four option years and FAR Clause 52.217-8 – Option to Extend Service has been exercised to extend the ordering period to 30 April 2024. While working toward the award of the follow-on contract, the MICC Installation Readiness Center (IRC) received a GAO pre-award protest B-422497.1 on 05 April 2024 upon elimination of a vendor’s proposal as being non-responsive. Therefore, an extension was issued for four months with two one-month options from 01 May 2024 through October 31, 2024. On September 16, 2024, the IRC awarded the follow-on contract W5168W24C0003 to Chugach Logistics and Facility Services. On 30 September 2024, VetPride-EMI Maintenance Solutions, LLC filed a protest with GAO under file number B-422497.2. GAO must render a decision on the protest within 100 days.

This extension of the current contract is in scope and will allow for continued performance of Installation Support Services while GAO renders a decision to the protest, and then subsequently allow a deliberate and orderly transition to the newly awarded contract while retaining the ability to provide a consistent level of effort during the transition. Without continuing contract coverage, there will be disruption of on-going critical tests and evaluation support that will adversely impact the successful development of systems used by Soldiers.

b. Alternatives.

1) Suspension of services: The Installation Support Services are ongoing and critical to ensuring DPW’s mission accomplishment. Suspension of the installation support services will result in the failure of preventative maintenance and repair to electrical systems and equipment, heating plants and equipment, water supply distribution systems, sanitary sewage collection systems, air conditioning/refrigeration plants and evaporative cooling systems, food service equipment, cathodic protection systems, grounds maintenance, pest control, emergency repairs, animal control management and grounds support for USAYPG special community activities.

Therefore, this alternative is not viable.

2) Conduct a competitive acquisition: The follow-on contract was competed. However, it is currently under GAO protest. Due to the GAO protest on the recently awarded follow-on and the current contract W911S818D0018 expiration, the extension is require because MICC- YPG does not have adequate procurement lead time to conduct another competitive acquisition.

3) Establish a Noncompetitive Contract. The only feasible alternative is to establish up to a 4.5month extension of the ordering period for the current IDIQ contract. This alternative is principally beneficial to the Government as it provides continuity of the Installation Support

Services without jeopardizing the ongoing mission while ensuring there will be no degradation of services. Awarding to any other source would result in unacceptable delays in fulfilling the agency’s requirement and would not be in the best interest of the Government.

c. Impact if not approved: Disapproval of this J&A to extend the current contract would result in mission failure for the DPW and adversely impact USAYPG’s testing mission. As discussed above, attempting to compete this requirement would result in unreasonable delays and the failure of: preventative maintenance and repair to electrical systems and equipment, heating plants and equipment, water supply distribution systems, sanitary sewage collection systems, air conditioning/refrigeration plants and evaporative cooling systems, food service equipment, cathodic protection systems, grounds maintenance, pest control, emergency repairs, animal control management, and grounds support for USAYPG.

6. Efforts to Obtain Competition: The Contracting Officer shall publish the notices required by FAR 5.201 and any bids or proposals received shall be considered.

a. Effective Competition: The current ISS contract was awarded following an extensive competitive source selection. This is a sole source extension to the existing contract and effective competition is not applicable.

b. Subcontracting Competition: The current contract was a 100% small business set-aside and was awarded to a small business; a subcontracting plan is not required. The incumbent contractor will be required to obtain as much competition as possible for any part of the requirement that is subcontracted and provide maximum opportunity to small businesses.

7. Actions to Increase Competition: As indicated in the preceding section (6.a) above, the current ISS contract was awarded following an extensive competitive source selection.

Furthermore, the follow-on contract W5168W24C0003 was competed; however, it is currently under GAO protest. The approval of this J&A will provide continued performance of installation support services until GAO is able to render a decision on the protest.

8. Market Research: Due to the urgent and compelling nature of this requirement, there was insufficient time to post a sources sought notice (SSN); however, extensive market research has been conducted for the follow-on requirement and competition was obtained.

9. Interested Sources: In support of the previous contract extension and in accordance with FAR 6.303 and DFARS PGI 206.302-1, a SSN was posted to SAM.gov on 25 March 2024 to 01 April 2024, specifying the Government intends to extend the ordering period performance for ten months, 01 May 2024 through 28 February 2025 with one two-month option, 01 March 2025 through 30 April 2025. On 28 March 2024, the SSN was amended and extended to 03 April 2024, due to the change in the duration of the ordering period to five months, 01 May 2024 through 30 September 2024 with one two-month option to further extend the ordering period from 01 October 2024 through 30 November 2024. After the SSN closed on 11 April 2024, MICC-YPG was notified of GAO protest B-422497.1 and changed the ordering period performance to four months, 01 May 2024 through 31 August 2024 with two one-month options,