Latrine_Oct18_H._Michael_JA_6.18.19_(redacted)_Redacted.pdf

Justification and Approval (J&A) for Other Than Full and Open Competition

FOR OFFICIAL USE ONLY

March 2018 FOR OFFICIAL USE ONLY Page 1 of 4

NOTE: If a Justification and Approval was approved for the preceding acquisition, a copy of the approved J&A for the predecessor action must be included in the staff package for approval of the instant J&A. This applies to J&A staff packages that are submitted for review and approval at a level above the contracting officer. The predecessor J&A will be used as a reference document by the approving official.

Is this a new or amended J&A Document? New Amended ( Prior to Award Only! )

Is this a Bridge Action as defined in the AF Bridge Action Reduction Plan? Yes No

Funding level for this acquisition: < $700K > $700K and < $13.5M > $13.5M and < $93M > $93M

Contracting Activity: 325 CONS/PKB

Purchase Request / Local ID Number: F4A3608323AW01

Program / Project (and PE, if applicable):

Program Type (PEO or Other Contracting): Portable Latrines Hurricane Michael Support - October 2018

Authority: 6.302-2 – 10 USC 2304(c)(2), Unusual and Compelling Urgency

Estimated Contract Cost (including options): $262,372.72 J&A Type: Class Individual

COORDINATION (AFFARS 5306.304(a) )

Date

18 Jun 2019

Contracting Officer Rebecca Natal

325 CONS / 850-283-3648

Signature

Date Local Legal Reviewer Sky W Smith, Lt Col, USAF

Signature

APPROVAL (AFFARS 5306.304(a) )

Date

21 Jun 2019

Chief of the Contracting Office (COCO) Steven A. Fletcher

325 CONS /

Signature

NATAL.REBECCA.11252

84384

Digitally signed by

NATAL.REBECCA.1125284384

Date: 2019.06.18 12:01:19 -05'00'

SMITH.SKY.W.11601647

Digitally signed by

SMITH.SKY.W.1160164758

Date: 2019.06.18 15:42:03 -05'00'

March 2018 FOR OFFICIAL USE ONLY Page 2 of 4

I. Contracting Activity.

325th Contracting Squadron 541 Mississippi Road Tyndall AFB, FL 32403-5526

II. Nature and/or description of the action being processed.

The following action will be processed as an out of scope modification to increase the award amount for contract number FA481918P4000 Portable Latrines for the month of October 2018. The subject contract is held with Lane Services LLC, 1400 Knowles Rd. Phoenix City, Alabama. Lane submitted their October 2018 invoice, TYN102018F, for the amount of $382,024.32. This increased Option Year 1 cost by 1140%. The increased costs are a direct result of the immediate recovery effort on Tyndall AFB after Hurricane Michael. The table depicts the originally awarded contract values that were determined fair and reasonable through competition in accordance with Federal Acquisition Regulations (FAR) Part 13.106-3 (a)(1).

Original Contract Value Base:

OY1:

OY2:

OY3:

OY4:

Total: $157,091.88

III. Description of supplies/services required to meet agency needs.

On 10 October 2018, immediately following Hurricane Michael's 9 October landfall at Tyndall AFB, Lane Services was contacted to provide and service 126 additional portable latrines and 40 hand washing stations.

The request was authorized in support of hurricane recovery efforts on Tyndall AFB under the Emergency Services and Special Events CLINs, CLIN 1003 (latrine) and CLIN 1004 (handwashing station) at the contracted rates of a month for each unit type. As a result of the catastrophic damage caused by the hurricane, the installation's power and water infrastructure were rendered non-operational. With the arrival of additional military and civilian contingency forces, the need to establish basic sanitary conditions was paramount to health, welfare and safety. The increase of effort leveraged against the contract, included servicing the latrines and hand washing units twice a day, every day at the emergency rate of each service. This massive increase in serving led to the increase in overall cost against this contract. At present, 325th Civil Engineering Squadron (CES) and 325th Contracting Squadron (CONS) is currently working the scale down plan as contingency and augmenting military members leave Tyndall AFB and more facilities are restored to normal states of operation.

IV. Statutory authority permitting other than full and open competition.

Authority: 10 U.S.C. 2304(c)(2), as implemented by FAR 6.302-2 (a)(2), Unusual and Compelling Urgency to satisfy immediate support of Hurricane Michael. The need for these services is of such an unusual and compelling urgency that the United States would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits proposals.

March 2018 FOR OFFICIAL USE ONLY Page 3 of 4

V. Demonstration that the contractor's unique qualifications or nature of the acquisition requires the use of the authority cited above (applicability of authority).

Following the storm, Lane Services LLC, was contacted by the contingency contracting staff to move the 31 originally contracted latrines to various locations to support recovery operations. Lane mobilized immediately and upon arrival discovered that all 31 latrines were lost in the storm. Lane quickly found replacement units from off site locations and delivered them to TAFB. Because of their rapid response and the established contract, 325th CONS Contingency Contracting Officers worked with CES to acquire the additional 126 latrines and 40 hand washing units from Lane. Lane Services had a history of strong performance and proved they were able to acquire and deliver the needed portable latrines within 24 hours.

In addition to the aforementioned performance information, Lane was the most logical source for the service and a competitive solicitation for new contractor sources would have caused unacceptable delays to the base recovery effort and would have caused a significant health threat for both military and civilian members.

Another limiting factor to competition was that Bay County suffered significant damage to its cell towers and telephone lines; communication with local vendors was difficult or impossible. Additionally, the use of multiple vendors for additional services would have resulted in substantial duplication of cost to the government, confusion over contractor areas of responsibility and caused additional strain to the 325 CES contracting officer representatives as they juggled multiple contractual responsibilities, their personal recovery needs and base recovery planning.

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

Latrine services are commonly and widely found in the commercial market. However, due to the urgency of this acquisition, performance had to satisfied as a singular requirement within a limited amount of time. Direct communication was made with the known contractor, Lane, who confirmed their interest in supporting the requirement. Lane was able to provide an acceptable response within the required timeline. In accordance with FAR 5.202(a)(2), unusual and compelling urgency precludes competition to the maximum extent and the Government would be seriously injured if the requested supplies and services were not in place immediately. Future latrine needs that are adequately planned will be conducted in accordance with competition regulation.

VII. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The price was deemed fair and reasonable based upon the emergency rates established in contract FA4819-18-P-4000, see below. Lane Services was competitively awarded the latrine contract as the lowest priced technically acceptable offeror of three competitors.

CLIN 1003 Emergency & Special Event-Latrine (1 ea) Qty: 1 Mo Unit Price:

CLIN 1004 Emergency & Special Event-Handwashing Station (1 ea) Qty: 1 Mo Unit Price:

A price negotiation memorandum will be completed to document the negotiation events and fair and

March 2018 FOR OFFICIAL USE ONLY Page 4 of 4 reasonable determination for the increased cost resulting from October 2018 Hurricane Michael support effort.

VIII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

Market Research was not conducted due to the urgency of this requirement. The current portable latrine, FA4819-18-P-4000 was awarded with appropriate market research.

IX. Any other facts supporting the use of Other Than Full and Open Competition.

At the time of the request for more latrines, 325 CONS was operating under contingency operations. Due to urgency and the extensive damage from the storm, it was determined that only one responsible source was capable of providing immediate service.

X. List of any sources that expressed, in writing, an interest in the acquisition.

N/A

XI. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before making subsequent acquisitions for the supplies or services required.

Tyndall AFB is currently operating under contingency guidelines. After contract expiration, the reacquisition will be done in accordance with competition regulations.

XII. Certification by the Contracting Officer.

As evidenced by my signature above, I have determined this document to be both accurate and complete to the best of my knowledge and belief.

XIII. Certification by the technical/requirements personnel.

N/A