13.5 SSJ - AAS (JA signed) - Redacted.pdf

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

FOR OFFICIAL USE ONLY

18 Jun 2019 FOR OFFICIAL USE ONLY Page 1 of 4

NOTE: If a Justification was approved for the preceding acquisition, a copy of the approved Justification for the predecessor action must be included in the staff package for approval of the instant Justification. This applies to Justification staff packages that are submitted for review and approval at a level above the contracting officer. The predecessor Justification 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: >SAT and < $700K > $700K and < $13.5M

Contracting Activity: 35 CONS

Purchase Request / Local ID Number: Solicitation #: FA520520QB002

Program / Project (and PE, if applicable): Advisory & Assistance Services (A&AS) for 35 CES & 718 CES

Program Type (PEO or Other Contracting):

Authority: AFFARS 5313.501 - 10 U.S.C. 2302b, Implementation of Simplified Acquisition Procedures (41 U.S.C. 1901)

AFFARS 5313.501 - 10 U.S.C. 2304a, Special Emergency Procurement Authority (41 U.S.C. 1903)

Estimated Contract Cost (including options): $3,200,000.00 Justification Type: Class Individual

COORDINATION (AFFARS 5306.304(a))

Date

08 Nov 2019

Project Lead / Program Mgr / Requiring Activity Daniel Gartland, Maj

35 CES/CEN / DSN 226-3018

Signature

Date

08 Nov 2019

Contracting Officer Christopher Davalos, TSgt

35 CONS/PKA / DSN 226-3848

Signature

Date

08 Nov 2019

Local Legal Reviewer Matthew Ormsbee, Capt

35 FW/JA / DSN 226-4022

Signature

Date

08 Nov 2019

Chief of the Contracting Office (COCO) Jordan Siefkes, Maj

35 CONS/CC / DSN 226-3750

Signature

APPROVAL (AFFARS 5306.304(a) )

Date

10 Nov 2019

Competition Advocate Brian V. Ucciardi, Colonel, USAF

AFICC/KH / DSN 449-8568

Signature

GARTLAND.DANIEL.HE

NRY.1047570561

Digitally signed by

GARTLAND.DANIEL.HENRY.1047570561

Date: 2019.11.08 11:22:42 +09'00'

DAVALOS.CHRISTOPHE

R.RENE.1289370494

Digitally signed by

DAVALOS.CHRISTOPHER.RENE.1289370494

Date: 2019.11.08 12:24:06 +09'00'

ORMSBEE.MATTHEW.H.

1521565795

Digitally signed by

ORMSBEE.MATTHEW.H.1521565795

Date: 2019.11.08 13:35:14 +09'00'

SIEFKES.JORDAN.L.1138

898128

Digitally signed by

SIEFKES.JORDAN.L.1138898128

Date: 2019.11.08 14:28:51 +09'00'

UCCIARDI.BRIAN.V.104

5911477

Digitally signed by

UCCIARDI.BRIAN.V.1045911477

Date: 2019.11.10 07:28:00 -10'00'

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

18 Jun 2019 FOR OFFICIAL USE ONLY Page 2 of 4

I. Contracting Activity.

The 35th Contracting Squadron is the contracting agency for this requirement, with the requirement owners being the 718th Civil Engineering Squadron (CES) at Kadena Air Base and the 35th CES at Misawa Air Base, both of which are located in Japan.

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

This is a sole source justification for full time equivalent (FTE) Advisory and Assistance Services (A&AS) positions, in support of 35 CES & 718 CES. The Department of Health and Human Services (HHS) terminated task order # 75P00119D00032_75P00119F37001 for 35 CES on 31 October 2019, and has also terminated task order # 75P00119D00032_75P00119F37002 for 718 CES on 6 November 2019. As these terminations were not coordinated with either requesting organizations, an immediate solution is required to prevent further mission hindrance. This action is a temporary fix while a long term solution is being put in place.

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

A&AS positions are requested to support MFH construction and sustainment programs. Contractors with the required technical expertise are not available in the local area, nor do military personnel possess the technical expertise and certifications required for these positions. MFH is privatized at CONUS installations, so organic programming, design, and construction experience for MFH is not available in the Air Force. At this time, both 35 CES and 718 CES do not organically possess the manning to support their housing construction and sustainment programs. Neither CES' earn funded positions to support the housing construction and sustainment programs. This makes contract support a vital capability for housing program management. The POP will begin at the time of award, through 30 September 2020.

Additionally, FAR clause 52.217-8, "Option to Extend Services," will be included in this contract, in the case further service is needed.

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

AFFARS 5313.501 - 10 U.S.C. 2302b, Implementation of Simplified Acquisition Procedures (41 U.S.C. 1901)

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

Cherokee Nation Management & Consulting , LLC, is the incumbent contractor for this requirement. The unexpected termination of the existing Task Order renders both 35 CES and 718 CES without project programmers, design managers, and construction managers for the MFH program. The 35 CES contractor personnel are vital in a $51M A/C and Weatherization Phase III project which is just over 50% complete. Losing the project manager responsible for submittal reviews, Title II oversight, and coordination in project delays and could put project schedule and budget at risk. Supporting document preparation has almost come to a halt as these services were being provided by the contractors Design Manager and Programmer. The Design Manager was responsible for 66 projects valued at over $150M which has since fallen on non-qualified military members to maintain. The Misawa MFH program is valued at $108M through FY23 and is the top Quality of Life concern for the installation. The Okinawa MFH program office currently manages 104 construction projects valued at $1.4B and is comprised of 66% contractor personnel that are affected by this termination. Without these vital positions, delays in housing construction and essential repairs would result in insufficient housing for service members, which is required to sustain mission requirements. Competing this requirement would take approximately 120-180 days and the government cannot afford that substantial of a gap in service. Furthermore, with the performance of this contract only going until 30 September 2020, the government would most likely not receive financial benefits from competition due to potential mobilization costs.

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

Due to the unexpected termination by HHS and the unacceptable significant lapse in service, no efforts were made.

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

18 Jun 2019 FOR OFFICIAL USE ONLY Page 3 of 4

Effort will be made on the long term contract solution.

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

Utilizing current GSA contract schedules, pricing for similar type positions was found and compared to the terminated Task Order pricing. From the GSA contracts pricing for Project Managers averaged out to $120.09 per hr, pricing for Civil Engineers averaged to $97.13 per hr, and pricing for design managers averaged out to $101 per hr. Per the terminated Task Orders the per hr fully loaded burden rates were for Program Managers and for Civil Engineers. In comparison with the GSA contract rates found for these similar positions it is determined that the anticipated costs to the government will be fair and reasonable.

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

Market Research was limited, due to the nature of this contract action. It consisted of internet searches and communication with other contracting offices to ensure commerciality. In addition, market research will be used to determine price to be fair and reasonable.

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

Although FAR part 6 is not applicable, FAR 6.302-1(a)(2)(iii)(B) provides further justification for the use of Other Than Full and Open Competition. As is the case for this requirement, the intent to award to the incumbent source for this contract action will prevent unacceptable delays in fulfilling the mission requirements for both 35 CES and 718 CES.

Were competition to be sought out and if a solicitation was posted, the time-line for awarding this requirement would be significantly increased. Without a contract in place, the missions of both 35 CES and 718 CES will be significantly hindered.

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

Cherokee Nation Management & Consulting, LLC stated their interest for this requirement, in response to the Notice of Intent of Award posted on Federal Business Opportunities (FBO), on 31 October 2019.

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.

As this is only a short term contract, an enterprise contract is currently being formulated to meet the A&AS needs of customers throughout PACAF, with an estimated effective date of 1 October 2020.

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.

As evidenced by my signature above, I certify that any supporting data contained herein, which is my responsibility, is both accurate and complete.

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

18 Jun 2019 FOR OFFICIAL USE ONLY Page 4 of 4