JA_Portable_Toilets_Redacted.pdf

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

Page 1 of 413 Sep 2017

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! )

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

Contracting Activity: 10th Contracting Squadron, United States Air Force Academy

Purchase Request / Local ID Number: F4BQ007244AW01

Program / Project (and PE, if applicable): Portable Chemical Toilets

Program Type (PEO or Other Contracting): N/A

Authority: 6.302-5 – 10 USC 2304(c)(5), Authorized or Required by Statute

Estimated Contract Cost (including options): J&A Type: Class Individual

COORDINATION (AFFARS 5306.304(a) )

Date

15 Nov 2017

Program Manager

Lorenzo Luechtefeld

10 CES/CEOE, 719-333-3575

Signature

Date

01 Dec 2017

Contracting Officer

Alex Kephart

10 CONS/PKA, 719-333-4143

Signature

Date

05 Dec 2017

Flight Chief James E. Uram

10 CONS/PKA, 719-333-4369

Signature

Date Policy Review Albert Bryson

10 CONS/PKA, 719-333-3467

Signature

Date

14 Dec 2017

Local Legal Reviewer Scott B. McLauthlin

USAFA/JA, 719-333-9606

Signature

APPROVAL (AFFARS 5306.304(a) )

Date

15 Dec 2017

Competition Advocate James Anderson Director, 10 CONS

Signature

LUECHTEFELD.LOR

ENZO.1036531564

Digitally signed by

LUECHTEFELD.LORENZO.1036531564

Date: 2017.11.15 14:34:51 -07'00'

KEPHART.ALEX.W.1

032582571

Digitally signed by

KEPHART.ALEX.W.1032582571

Date: 2017.12.01 13:24:45 -07'00'

URAM.JAMES.E.JR.1039

608592

Digitally signed by

URAM.JAMES.E.JR.1039608592

Date: 2017.12.05 14:51:29 -07'00'

BRYSON.ALBERT.DEVA

UGHN.1150122216

Digitally signed by

BRYSON.ALBERT.DEVAUGHN.1150122216

Date: 2017.12.13 07:48:44 -07'00'

MCLAUTHLIN.SCOTT.BR

ADFORD.1154421390

Digitally signed by

MCLAUTHLIN.SCOTT.BRADFORD.1154421390

Date: 2017.12.14 08:12:12 -07'00'

ANDERSON.JAMES.A.11

24028252

Digitally signed by

ANDERSON.JAMES.A.1124028252

Date: 2017.12.15 10:32:39 -07'00'

Page 2 of 413 Sep 2017

I. Contracting Activity.

10 CONS/PKA

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

This action will be awarded as a new contract and the anticipated contract form is a firm-fixed-price IDIQ with a 5-year ordering period. The period of performance will be from 1 Apr 18 - 31 Mar 23. The request for proposal (RFP) will include an exhibit of pricing for all possible tasks and task orders will be written, using this exhibit, as services are needed.

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

This requirement is for a 5-year service contract to provide portable toilet services at the United States Air Force Academy, Colorado, Farish Memorial and Saylor Park. The contractor shall provide portable chemical toilet rental units to be delivered, placed, secured, serviced, and removed, as specified by the Government. No less than 48 hours advance notice will be provided by the Government. Quantity of units may vary from 1 - 75. Duration of rental may vary from 1 - 90 days. Rental units may include ADA approved handicap units.

The contractor shall provide pumping, cleaning, and recharging services to all government owned portable toilet units once weekly during the months of November through April and twice per week during the months of May through October. Cleaning shall include the interior and exterior of the units to include all debris in the immediate area. The contractor shall provide pumping, cleaning, re-supplying, and recharging services to contractor provided and/or government owned portable toilet units as specified in each task order. The contractor shall dispose of all waste off base. Services may be required daily, once per week, or twice per week. Supply items shall include two-ply toilet paper, deodorant blocks in urinals and hand sanitizers.

The cost estimate for year one is , year two is , year three is , year four is , and year five is totaling . The IDIQ will have one CLIN to cover all service requirements. Task orders will be priced based on the pre-priced exhibit of all possible tasks. The period of performance will be from 1 Apr 18 - 31 Mar

23. The government will fund this requirement with 3400 (Operations & Maintenance) appropriation.

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

Authorized by Statute FAR 6.302-5. Under the authority of the Veteran's Benefits Act of 2003 (15 U.S.C.657f) and in accordance with FAR 19.1406(a). The CO does not have a reasonable expectation that offers would be received from two or more SDVOSB concerns. The anticipated award price of the contract, including options will not exceed $4 million. The requirement is not currently being performed by an 8(a) participant. The SDVOSB, Major Contracting Services has had very good or exceptional ratings on their COR reports for FA7000-13-D-0004. The CO has confidence the award can be made at a fair and reasonable price.

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

Market Research shows, Major Contracting Services is the only capable Service-Disabled Veteran-Owned Small Business (SDVOSB) interested in providing a proposal for this acquisition.

Page 3 of 413 Sep 2017

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

A sources sought was posted to FBO.gov on 30 Aug 17 through 15 Sep 17. One vendor responded, . This vendor's capability statement included providing medical supplies, not portable toilets.

Internet searches showed a few vendors in the local area. Two responded to email inquires, stated it was out of their service area and stated they are interested; however, they are a large businesses under NAICS 562991.

A sources sought was posted to GSA eBuy from 18 Sep 17 to 25 Sep 17 and sent to 31 vendors. Responses received were anything from "out of our service area" to "do not do this type of business." None of the vendors were interested.

An SBA search found four vendors in CO under NAICS 562991. All four of those vendors were contacted and none of them were interested in the requirement. , (did not respond), (did not respond), (out of service area).

responded during the last acquisition; however, their SAM registration expired in 2015 and their email comes back as undeliverable. It is assumed they are out of business.

also responded during the last acquisition; however, they are no longer in the portable toilet business and their SAM registration expired in 2014.

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

Major Contracting Services has provided USAFA with portable toilets services for at least the last 10 years. Their prices have always been evaluated fair and reasonable. The CO will compare the proposed price with the customers IGE and past competitively awarded contracts, allowing room for inflation.

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

As described in Section VI above, market research, in accordance with FAR Part 10, was conducted by synopsis of the proposed acquisition, advising industry of the pending acquisition and soliciting inquiries from interested parties. A sources sought was posted to FBO.gov from 30 Aug 17 through 15 Sep 17. A sources sought was posted to GSA eBuy from 18 Sep 17 to 25 Sep 17 and also sent to 31 vendors appearing to have the ability to meet the government's requirement. Furthermore, an SBA search was conducted and four vendors were located in Colorado under NAICS 562991. Results of the sources sought efforts are discussed in Section VI above.

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

N/A

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

Major Contracting Services - SDVOSB

- Large Business

- 8(a)/EDWOSB (no experience w/portable toilets)

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.

In future acquisitions, 10 CONS/PKA will contact local portable toilet vendors to see if their service area increased to include USAFA and Farish. 10 CONS/PKA will also post sources sought notices to any available government points of entry.

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

Page 4 of 413 Sep 2017 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.