JA SAP Non-Competition_Custodial Bridge_CCA signed.pdf

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

CONTROLLED UNCLASSIFIED INFORMATION

March 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 1 of 5March 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 1 of 5

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 < $750K > $750K and < $15M

Contracting Activity: 18th Contracting Squadron

Purchase Request / Local ID Number:

Program / Project (and PE, if applicable): Custodial Service Bridge Contract

Program Type (PEO or Other Contracting): 18 CONS/PKB

Authority: AFFARS 5313.501 - 10 U.S.C. 3572, Implementation of Simplified Acquisition Procedures (41 U.S.C. 1901)

AFFARS 5313.501 - 10 U.S.C. 3403, Special Emergency Procurement Authority (41 U.S.C. 1903)

Estimated Contract Cost (including options): $1, 383,634.55 Justification Type: Class Individual

COORDINATION ( AFFARS 5306.304(a)) Sign and Save Procedure

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Date

08 Mar 2024

Project Lead / Program Mgr / Requiring Activity Nathan R. Filkins, MSgt, USAF 18th Civil Engineering Squadron, 315-634-1309

Signature

X

Date

11 Mar 2024

Contracting Officer MARTEL ANGELO M. SUROP, TSgt, USAF

18 CONS/PKC, 634-5838

Signature

X

Date Legal Attorney Kenneth B. McKay, CIV, USAF

18 WG/JAG, 634-4920

Signature

X

Date

11 Mar 2024

Chief of the Contracting Office (COCO) SHAYLA A. CANTYSMITH, Lt Col, USAF

18 CONS/CC, 634-7700

Signature

X

APPROVAL (AFFARS 5306.304(a) )

Date

11 Mar 2024

Competition Advocate JOE SALAZAR JR, CMSgt, USAF Air Force Installation Contracting Center (OL-PAC)

Signature

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

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I. Contracting Activity.

Agency: Department of the Air Force

Contracting Agency: 18th Contracting Squadron, Kadena Air Base, Japan

Requirement Agency:18th Civil Engineering Squadron, Kadena Air Base, Japan

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

The custodial contract for Kadena Air Base and surrounding Department of the U.S. Air Force, and Department of Defense (DoD) installations located on Okinawa, Japan requires the contractor to provide all management, labor, equipment, tools and supplies to perform custodial services for 301 facilities.

This new bridge action, as defined in DAFFARS 5302.101, will be an extension of the existing bridge contract (FA527024P006) to increase the period of performance by seven months from 1 April 2024 to 31 October 2024 and two one-month option periods from 1 November 2024 - 31 December 2024. The bridge contract type will continue to be Firm Fixed Price. The potential seven months with two one-month options bridge will allow sufficient time for the long-term contract to be further developed and competitively solicited while maintaining continuity of services.

This bridge action is necessary to ensure services are uninterrupted, as it is not possible to competitively award the subsequent contract in sufficient time to meet the Government's requirements. The re-solicitation planning started Summer 2021 however was ineffective in producing a long-term follow-on contract and resulted in the need for a one-year bridge 1 November 2022 - 31 October 2023. Subsequent re-solicitation planning failed during the one-year bridge which resulted in the need for another five-month bridge 1 November 2023 - 31 March 2024. These failed attempts to re-acquisition custodial services are now at the attention of higher-level leadership within Kadena Air Base which will ensure its success. While the leadership oversight has been elevated to the 18th Wing/CC and require monthly status reports, there is still a need for continuation of services while the reacquisition is performed with sufficient time to ensure successful execution for the long-term contract.

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

The Contractor shall provide all management, tools, equipment, and labor necessary to ensure that custodial services are performed at Kadena Air Base, including surrounding Department of the U.S. Air Force, and Department of Defense (DoD) installations located on Okinawa, Japan, in a manner that will maintain a satisfactory facility conditions and present a clean, neat, and professional appearance for 301 facilities, to include high rise towers, across four different installations in Okinawa with a total of 7,187,793 square footage of interior and exterior cleaning.

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

41 U.S.C. 1901 Simplified acquisition procedures FAR 13.501(a) Sole source (including brand name) acquisitions

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

Koh Gumi & Company is the incumbent performing the custodial services scope today. Koh Gumi has a track record of successful performance on the existing bridge contract FA527024P0006. In support of this bridge action, Koh Gumi possesses the requisite knowledge, has zero start-up costs, and requires no transition period to maintain continuity of services. Uniquely, Koh Gumi has

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

March 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 3 of 5March 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 3 of 5 the necessary staff and resources already available, including an appropriate labor mix to continue performing the custodial scope. This is a unique aspect to Koh Gumi as, Japan is currently undergoing a demographic emergency where there are more retirees than working adults making recruiting and retaining laborers for custodial services on a remote island extremely difficult. It is anticipated that at least a 60-day transition period is necessary for a new contractor to hire and move staff members to the island of Okinawa, Japan.

Additionally, the below sections highlight unique background checks and base pass aspects of the custodial requirement which inhibit quick transitions should a competitive acquisition be required:

BACKGROUND CHECKS

Any contractor employee that will work near children require additional background, criminal, and host-nation checks. The below listed checks will be required by any new contractor employee before they will be allowed to perform custodial services in the CDC and/or Youth Centers.

-In accordance with DoDI 1402.05, “Criminal History Background Checks on Individuals in Child Care Services”, a Criminal history background check must be initiated and completed for each contractor employee before being allowed to work in the Child Development Centers and Youth Centers.

-Hiring (background checks): Installation Records Check (IRC), inclusive of a check of the Air Force Central Services Registry (CSR), Security Forces, Family Advocacy Program, and Office of Special Investigations of the Defense Central Index of Investigations (DCII)

-Host-government law enforcement and security agency checks at the city, State (province), and national level, whenever permissible by the laws of the host government such as “Certificate of Criminal Record” (Hanzai Keireki Shomeisho)

-Federal Bureau of Investigation fingerprint check. (AFI 34-144, 10.7.9)

-Initiate Child Care Tier 1 investigation on contractors prior to working with children/youth

-Child care components for Child Care Tier 1 investigations include a State Criminal History Records Checks of current and former states of residence and employment. (AFI 34-144, 10.7.11)

-A State Criminal History Repository Check (SCHR) from all the states the individual employee or contractor has lived in during the last five years. NOTE: Only required if a completed Tier 1 is not on file. (DODI 1402.05, E.6.1.2) (AFI 34-144, 10.7.13)

Koh Gumi, the incumbent, is the only contractor that can meet the Government's immediate requirement. No other vendor can respond to a competitive solicitation, transition with the incumbent, perform hiring (background checks), train their work force, and begin performing successfully by 1 April 2024.

BASE PASSES

Historically, base passes issued to new contractors take approximately 60 days to resolve any issues or clarification regarding background information. Moreover, this contract supports facilities on USMC installations. The USMC has a separate base passes process from the Air Force, and any new the contractor must complete both. Since the incumbent contractor, Koh Gumi, already has an awarded contract and base passes for its personnel with both installations, Koh Gumi will only need a simple update to gain extension for their base passes, if needed. This is the same process for all other DoD installations throughout the island of Okinawa and awarding to any contractor, except the incumbent, will require additional time which will cause significant delays and a break in service.

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

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

A notice is not required in accordance with FAR 5.202(a)(12). This bridge action is for an extension of the current bridge contract to provide custodial services at Kadena Air Base in Okinawa, Japan. The proposed contract action will be made and performed outside the United States and its outlying areas and will be awarded sole source to the incumbent contractor.

Although recent market research concludes that at least 12 vendors are interested in this requirement, only Koh Gumi can provide the services without needing a transition plan/phase and time to obtain base passes. All the identified vendors will be considered for the ongoing reacquisition for a larger contract to replace the current bridge action.

FAR 5.202(a)(12) states: "The proposed contract action is by a Defense agency and the proposed contract action will be made and performed outside the United States and its outlying areas, and only local sources will be solicited.

This exception does not apply to proposed contract actions covered by the World Trade Organization Government Procurement Agreement or a Free Trade Agreement (see subpart 25.4)"

This requirement is not covered by the World Trade Organization Government Procurement Agreement or a Free Trade Agreement.

FAR 25.4 - Trade Agreements FAR 25.401 Exceptions... Acquisitions of the following services are excluded from coverage by the U.S. schedule of the WTO GPA or an FTA as indicated in this table:

FAR 25.401(b)(1) All services purchased in support of military services overseas.

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

It is anticipated prices are to be identical to those currently on contract, however if prices are changed then the Government intends to utilize FAR 13.106-3(a)(2)(ii) - Comparison of the proposed price with prices found reasonable on previous purchase and FAR 15.404-1(b)(2)(v), comparison of proposed price with the IGE. The IGE was developed by 18 CEG based off subject matter expertise, historical prices, and collective Air Force-wide custodial data.

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

No specific market research was conducted for this bridge action. It is in the best interest of the Government to pursue a bridge action to allow for proper re-acquisition time. Extending the current bridge contract to allow an additional seven months with two one-month options will ensure no break in service. A competitive acquisition for a shorter period will potentially result in awarding to a new contractor which would need a thorough transition plan and an approximate 60 days for hiring and acquiring the required background checks and base passes. However, for the long-term reacquisition a sources sought was issued from 19 January 2024 - 9 February 2024. The sources sought revealed 12 interested vendors and out of those 12, five were local vendors, three were 8(a), and four were CONUS small businesses. The acquisition plan for the re-compete will be based upon these results and will lead to soliciting the larger requirement as full and open competition.

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

N/A

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

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

NAME CAGE/UEI CAPABILITY

Lustre Housekeeping G.K JSYQ1/GZPEZJJJYSZ6 Interested Vendor On Island Koh Gumi & Company JS484/L1NUR62HDBQ5 Incumbent - On Island Taiyo Co. JA171/NF3MXASJJMV3 Interested Vendor On Island Eight Co. LTD JS394/EBMZNHZA9R14 Incumbent at Yokota KC Cleaning NO SAM Interested Vendor On Island Guy and Guy LLC 9L4M1/Y825KZRUH3Y3 SB Stateside - Possible Manager Barrosso Cleaning Services 9RXJ9/UJ54YANR1JY9 SB Stateside 8aGovContract 7H8H0/ZBCWK8LDE7C5 8a - Wants Direct Award RV Global Solutions 6TC84/SYKMD2LAXJN5 8a - Wants Direct Award ALJ Services LLC 7A3E7/ TXYEHN1UR7Z8 SB Stateside Klean World LLC 7WMK2/ ZB5XUPGPKHJ3 8a- Wants Direct Award Sanford Federal Inc 87DG6/ RBCJDAS355L9 SB Stateside

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 noted in Section VI above, FA527014C0024 was a competitively awarded contract. In preparation for the long-term re-acquisition the sources sought received 12 interested vendors. It is expected the follow-on solicitation will have large interest and generate competition. The agency has taken steps to allow for greater transparency to leadership of acquisition concerns which include weekly updates to the 18 MSG/CC of all priority services, those currently on a bridge, or expiring contracts to ensure leadership is informed. A full and open solicitation will be pursued on the reacquisition based on the sources sought results. Attached are the milestones for the ongoing reacquisition for the larger contract. (See attachment 1)

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 (our) signature(s) above, I (we) certify that any supporting data contained herein, which is my (our) responsibility, is both accurate and complete.

Remove the Guidance pages below.

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items March 2023 Page of International Agreement Competitive Restrictions (IACR) March 2023 Page of 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?

Is this a Bridge Action as defined in the AF Bridge Action Reduction Plan?

Funding level for this acquisition:

Authority:

Justification Type:

COORDINATION ( AFFARS 5306.304(a)) ** The text in the signature blocks below is editable, including the title.

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APPROVAL (AFFARS 5306.304(a)) NOTE: A signature block will appear here based on the funding level selected above.

(See "Specific Guidance for Completing this Template" below.)

I. Contracting Activity.

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

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

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

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

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

VII. Determination by the Contracting Officer that the anticipated cost 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.

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

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

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.

XII. Certification by the Contracting Officer.

XIII. Certification by the technical/requirements personnel.

Specific Guidance for Completing this Template

I. Contracting Activity. (FAR 6.303-2(b)(1))

Fully identify the contracting agency and organizational activity responsible for the proposed contracting action.

II. Nature and/or description of the action being processed. (FAR 6.303-2(b)(2))

State whether the action will be awarded as a new contract or by modification to an existing contract (identify contract number) and identify the type contract planned (FAR 12.207 and DFARS 212.207).

An individual Justification cannot be used to support more than one contract irrespective of the quantities or the dollar value stated therein. If a proposed contract will contain unpriced options (including NTE prices), those options must be supported by a separate Justification prior to option exercise or the Justification supporting the basic contract must be a Class Justification. For Class Justification situations (covers more than one contract) where the number of contracts in the class can be identified: (1) Provide a brief general description of actions; (2) identify the supplies and services that are being acquired; and (3) for each contract in the class identify the contractor, estimated value, type of contract and rationale for contract length, and estimated award date. Where the same information applies to more than one contract within the class, it need only be stated one time.

III. Description of the supplies/services required to meet agency needs. (FAR 6.303-2(b)(3))

Specifically describe the supplies and/or services to be acquired, the total estimated value of the acquisition - including options (provide cost estimate by year and, for class Justifications, by contract action), and the estimated delivery dates/periods of performance If commodities are being procured, provide quantities. All contract line items (CLIN) -- e.g., technical data, support equipment, support services, etc. -- should be listed. If all of the ancillary requirements associated with a particular item are not specifically described in the Justifications, those ancillary requirements cannot be included in the resulting contract and would require a second Justification. Also, state the type of appropriation (e.g., 3010, 3400) that will be used to fund each requirement listed.

If approval for more than one fiscal year requirement is needed, give the rationale for this request. Generally, the scope of these actions is limited to current requirements only, so that actions may be taken to facilitate competition for out-year requirements.

In some cases, there are no feasible actions that could develop future competition, and it is reasonable to seek approval for more than one fiscal year's requirements.

For ID/IQ or requirements contracts, use the maximum dollar value of the total estimated orders as the estimated Justification dollar value.

IV. Statutory authority permitting other than full and open competition. (FAR 6.303-2(b)(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). (FAR 6.303-2(b)(5)) Provide, in narrative form, a detailed explanation supporting and clearly relating to the conditions described by the FAR for using the particular authority cited. This section is normally the most detailed part of the justification as the essence of the justification is presented here. For acquisitions that include both supplies and services, separately justify the use of the authority for the services and supplies.

Contracting without providing for full and open competition shall not be justified on the basis of lack of advance planning by the requiring activity or concerns related to the amount of funds available (e.g., funds will expire) (10 U.S.C. 3204) VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

(FAR 6.303-2(b)(6))

Describe all efforts taken (or to be to be taken) to ensure that offers are solicited from as many potential sources as practicable under the circumstances. Although Market Research is covered in Section VIII, the information in Section VI should correlate with the Market Research described in Section VI. The following issues should be addressed in this paragraph:

Sources Sought Synopsis (used as part of market research). If a sources sought synopsis was issued, state the date the synopsis was issued and a brief description of its content. If any responses were received, describe in detail the results of the screening process and the rationale for determining the unacceptability of any synopsis respondents. Reference FAR 13.105, Synopsis and Posting Requirements.

Other Actions. In this paragraph, discuss any other actions taken or planned to facilitate competition for this acquisition. The discussion should include actions tried or considered even if the actions were unsuccessful. If the efforts were unsuccessful, so state and describe why.

Qualifying Country Sources. If qualifying country sources have expressed interest, but are to be excluded, provide supporting rationale.

VII. Determination by the Contracting Officer that the anticipated cost to the government will be fair and reasonable. (FAR 6.303-2(b)(7))

Include a statement by the contracting officer that the anticipated cost will be considered fair and reasonable and provide the basis for this determination. The steps that will be taken to ensure the final contract price will be fair and reasonable are also described here. Describe the extent of cost or price analysis anticipated including the requirements for certified cost or pricing data, technical evaluations, and audits.

VIII. Description of the market research conducted and the results, or explain why market research was not conducted. (FAR 6.303-2(b)(8))

Generally, some form of market research should be conducted. Discuss any market research conducted pursuant to FAR Part 10 and describe results of that research. Market research is any effort undertaken to determine if sources capable of satisfying the agency's requirements exist and to determine if commercial items or non-developmental items are either available or can be modified so that they will satisfy the agency's needs. Market research should be focused not only on identifying alternate sources, but also on alternate equipment or substitutes that might fulfill the Government needs with only minor modification. Regardless of the approach used, the results should provide a high level of confidence that no other qualified sources exist.

When other exceptions from the requirement to obtain full and open competition are relied upon, the market research might be limited to an examination of the acquisition history and experience with the marketplace under previous acquisitions for the same or similar items.

If no market research was conducted, so state and provide the rationale.

IX. Any other facts supporting the use of Other Than Full and Open Competition. (FAR 6.303-2(b)(9)(i))

Provide any other facts supporting the use of other than full and open competition, including an explanation of why technical data packages, specifications, engineering descriptions, statements of work, statements of objectives, or purchase descriptions suitable for full and open competition have not been developed, are not being developed, are not being used, or are not available.

X. List of sources, if any, that expressed interest in the acquisition. (FAR 6.303-2(b)(10))

If a sources sought synopsis was done and all interested sources are included in Section VI, it is acceptable to state, “See Section VI above.”

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. (FAR 6.303-2(b)(11))

Describe any actions taken or to be taken to foster competition for future acquisitions of the supplies or services being acquired. Describe potential actions that could be taken to remove the barriers to competition that have been identified in the justification and include a milestone schedule, where available, for accomplishing these actions. For example, if a follow-on competitive acquisition is planned, so state and provide the planned award date, or state that the Government will attempt to acquire rights in technical data and computer software sufficient to compete follow-on acquisitions as a priced option in the contract action that is the subject of this Justification, or (if applicable) state how the Government intends to challenge nonconforming markings on technical data and computer software delivered to it under previous contracts so those markings can be removed in order that the technical data and computer software may be used in support of a follow-on competitive acquisition, or describe plans to qualify additional sources.

Address efforts to ensure competition for future spare parts and maintenance in support of systems or equipment covered by the justification, even when these acquisitions will be accomplished by other organizations. Include a discussion on available breakout data.

If no actions are planned, so state and provide reasons. If approval is sought for more than one year, explain why a sole source effort is required for the planned time duration.

For a non-competitive follow-on acquisition to a previous award for the same supply or service supported by a Justification citing the same authority, include a discussion of the actions planned to overcome barriers to competition established in the previous justification, the status of those actions, and the results of those actions. The approval authority shall determine whether the planned actions were completed. If the planned actions were not completed, the justification for the follow-on acquisition shall be approved by the approval authority one-level above the approval authority for the previous justification (see FAR 13.501(a)(2)). If the previous justification was approved by the Senior Procurement Executive (SPE), the approval remains at the SPE level.

[DFARS 213.501(a) and DFARS PGI 206.304(a)(S-70)(ii)] XII. Certification by the Contracting Officer. (FAR 6.303-2(b)(12))

As evidenced by his/her signature, the contracting officer has determined this document to be both accurate and complete to the best of his/her knowledge and belief.

XIII. Certification by the technical/requirements personnel. (FAR 6.303-2(c))

As evidenced by their signatures, the technical and/or requirements personnel have certified that any supporting data contained herein, which is their responsibility, is both accurate and complete.

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