Eustis JA 2021_11_Redacted.pdf

Control No.: MICC 2021-11 Contractor: Primus Solutions, LLC

Program: Refuel/Defuel Support Services

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 Eustis, Building 705 Washington Boulevard, Fort Eustis, VA 23604.

2. Description of Action: The United States Army Aviation Center of Excellence (USAACE) requests a firm-fixed price bridge contract for a base period of six (6) months with two (2) three (3) month option periods, in accordance with FAR Part 6. The current bridge contract W9124G-20-C-0004 with Primus Solutions, LLC, Beltsville, MD expires on 16 December 2020 providing insufficient time to award a follow-on contract with the needed 120 day phase-in period. Fiscal year 2021, Operations and Maintenance funds are available and will be used. An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i)(B).

3. Description of Services: The requirement provides continuous cold, warm and hot Aviation Refuel/Defuel services within a 50 nautical mile radius of Fort Rucker, Alabama for USAACE. The service includes personnel, management, parts, supplies, transportation and vehicles/trucks with exception of Government furnished vehicles/trucks, to perform safely all the functions for refuel/defuel services and required into-plane fuel services. This requirement involves servicing more than 618 aircraft and other authorized transient aircraft at 5 airfields and 15 stage fields for the USAACE Fort Rucker, Alabama, and its tenant activities while protecting the environment.

Base period: 17 DEC 2020 thru 16 JUN 2021 Value: $ 8,778,487.00 Option period 1: 17 JUN 2021 thru 16 SEP 2021 Value: $ 4,389,243.50 Option period 2: 17 SEP 2021 thru 16 DEC 2021 Value: $ 4,389,243.50

Total Value: $17,556,974.00

4. Authority Cited: This action is authorized under provisions of 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 section 6.302-1(a)(2), Full and open competition is not required when it is determined a sole source bridge contract is the most advantageous method of fulfilling the Army’s needs and services are available from only one responsible source and no other types of services will satisfy agency requirements.

On 14 April 2020, the GAO received a protest from ASRC Gulf State Constructors, LLC (AGSC) regarding the follow-on competitive contract award to B3 Enterprises LLC (B3).

As a result of the protest, the Contracting Officer determined that taking corrective

c. Impact. Not awarding this bridge will result in a break in service that would severely jeopardize the USAACE’s ability to meet its critical war-fighting training mission to annually provide over 1,300 trained helicopter pilots

6. Efforts to Obtain Competition: The Contracting Officer published a notice of intent on beta.sam.gov on 21 October 2020 as required by FAR 5.201 to announce the issuance of a single source bridge contract to Primus Solutions, LLC for continuation of Refuel/Defuel services. Because this is a sole source action, effective competition is not likely. The follow-on contract was competitively solicited as a small business set-aside procurement, providing all interested potential small business offerors an opportunity to compete for the contract. The previous contract received multiple offers.

a. Effective Competition: Competition for this bridge contract is not practicable given the complexity, the sheer magnitude of this requirement due to its technical nature, and the size of the contractor staff required for the support services.

b. Subcontracting: Historically, this requirement has been fulfilled by a small business firm that has performed without the use of subcontractors. The incumbent Primus Solutions, LLC was recertified as a large business in 14 October 2012. The short duration of this action eliminates the prime contractor's ability to provide subcontracting opportunities as new agreements and subcontracting to small businesses cannot be obtained within the time constraints. This determination is approved at a level above the Contracting Officer and is included in the contract file.

7. Actions to Increase Competition: This is an interim action associated with an on-going re-procurement. It is anticipated that sources will not write to express an interest to the proposed extension.

8. Market Research: Market research for this bridge contract was not conducted because of the reasons discussed above. A notice of intent was posted on beta.sam.gov and the agency has not received interest from any other potential offerors to provide refuel/defuel services for USAACE at Fort Rucker, Alabama.

9. Interested Sources: No other vendors have expressed interest for this interim bridge action.

10. Other Facts:

a. Procurement History:

1) Government took corrective action on 23 September 2020 and are currently evaluating clarification responses.

2) Received GAO Protest on 8 June 2020.

3) Received a GAO Protest on 14 April 2020 and executed a Stop Work Order on Contract W9124G-19-C-0006.

4) Government took corrective action and re-evaluated offers and lifted the Stop Work Order on Contract W9124G-19-C-0006 on 4 April 2020.

5) Received a GAO protest on 26 September 2019 and executed a Stop Work Order on Contract W9124G-19-C-0006.

6) MICC-Fort Eustis competitively awarded B3 Enterprises Contract W9124G- 19-C-0006 on 16 September 2019.

7) MICC-Fort Eustis solicited a request for proposal, W9124G-18-R-0007, for the competitive follow-on contract to the current contract, via FedBizOpps with a closing date of 31 January 2019 following the determination that corrective action was required.

8) The current bridge contract, W9124G-20-C-0004, was awarded on 13 December 2019 to Primus Solutions, LLC on a sole source, non-competitive basis in accordance with FAR Part 6.302-1 -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency. The contract expires on 16 December 2020.

9) The bridge contract, W9124G-18-C-0007, was awarded on 12 June 2018 to

Primus Solutions, LLC on a sole source, non-competitive basis in accordance with FAR Part 6.302-1 -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency. The award was for a total of 18 months ending on 16 December 2019.

The total award amount was $23,490,402.43.

10) MICC-Fort Eustis solicited W9124G-17-R-0003 for the competitive follow-on contract to W91247-12-C-0023 via FedBizOpps with a closing date of 10 August 2017.

In December 2017, the Source Selection Board convened. On 30 March 2018, the contract award announcement was posted. On 17 April 2018, a GAO protest was received. A Stop Work Order was issued to B3 on the same date. The contracting officer determined that corrective action was necessary and the GAO dismissed the protest.

11) Contract W91247-12-C-0023 was competitively awarded to Primus Solutions, LLC on 16 May 2012 for a period of performance from 17 December 2012 thru 16 December 2017 (1 Base Year and 4 Option Years). MICC-Fort Rucker exercised the Option to Extend Services in accordance with FAR Clause 52.217-8. This extension was executed on 17 December 2017 with a period of performance from 17 December 2017 through 16 June 2018. This extension was necessary because the follow-on requirement (W9124G-17-R-0003) was in source selection. The total award amount was $65,410,046.34