SS above SAT JnA - Newport Snow_Redacted.pdf

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

SOURCE SELECTION SENSITIVE

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I. Agency and Contracting Activity.

AFRL/RIKO Rome, NY

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

The Government requires a new firm-fixed price contract for Snow and Ice Removal services at the AFRL/RI Newport Research Facility. The contract will include a base year with four, one year options.

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

The contractor shall furnish all labor, material, and equipment necessary to remove snow/ice and apply snow/ice mitigation materials at the AFRL/RI Newport Research Facility (Irish and Tanner Hill sites) to ensure safe movement of vehicles and eliminate hazardous driving and walking conditions. At completion of snow removal season, the contractor shall remove snow/ ice mitigation materials from roadways and parking lots at both sites.

It is in the Government's best interest to include option periods in this contract. The scope of the requirement has not changed meaningfully over the last two decades and there are no changes to the requirement or to the Newport site function anticipated for the next five years. Market research conducted during option year renewals and the previous procurements for this service have yielded an insufficient field of competitive contractors to preclude other than full and open competition for the upcoming five year period.

IV. Demonstration that the contractor's unique qualifications or the nature of the acquisition requires use of the authority cited above.

The current acquisition is for continued performance of the unique service described below. The Newport Research Facility site is located on two steep hills in an area of low population density which experiences significant winter snowfall and drifting. The consistent presence of AFRL personnel on-site requires rapid and capable response to winter conditions. The site is accessible to AFRL personnel only by following extensions of Newport town roads. The Town of Newport maintains heavy road equipment and related supplies in a facility approximately five miles away for its own use during plowing and snow/ice mitigation operations on their town roads.

The Town of Newport has performed the snow plowing and snow/ice mitigation service at the site for numerous years, reference AFRL/RIKO contracts: FA8751-04-C-0001, FA8751-09-C-0003, FA8751-14-C-0002 and FA8751-19-C-A005. All contracts were awarded on a sole source basis and included a base year plus four option years.

The Town of Newport is uniquely capable of performing snow/ice removal service at the AFRL/RI Newport Research Facility.

The Town is responsible for plowing the town roads leading to the site. The Government requires that when snow accumulation reaches a depth of four (4) inches, plowing and snow/ice mitigation operations commence within one (1) hour in order to ensure facilities are accessible and safe for site personnel. Should a contractor other than the Town of Newport be responsible for clearing the site, that contractor's ability to commence site plowing operations would be diminished until the town plowed the town roads. While a contractor could travel to the site prior to the town clearing the town roads, such conditions would increase the probability of loss for the contractor due to unsafe travel conditions. In such a situation neither the contractor nor the site would benefit. On the other hand, in fulfilling the previous contracts, it has proven highly efficient for the mobilized Town crew to continue plowing the site after plowing the roads leading to the site.

The Town has demonstrated snowplowing proficiency meeting or exceeding the commercial standard using its own heavy equipment, not traditionally retained by commercial snow removal operators. The Town is responsible for the maintenance and efficient operation of this equipment because its plowing duties encompass the entirety of Newport, compared to which the area of the AFRL/RI Newport Research Facility site is minor. The equipment that the Town of Newport owns and utilizes, commercial operators traditionally do not maintain fleets of the same size. This equipment includes:

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- 2017 Osh Kosh 4WD Snow plow - 500 HP Double wing 35 Ton

- 2017 One Ton P/U W 8.5' V-Plow

- 2013 Dodge 5500 1-Ton Dump 4WD V-Plow

- 2013 International 400 HP Tandem Snow plow One way Blade W/13 Ft wing/sander

- 2012 John Deere 140 HP Front End Loader 624E (4 cubic yard bucket)

- 2012 Sweeper Broom (spring clean -up)

- 2007 Osh Kosh 4WD snow plow 500HP Double wing Plow 35 Ton

- 2005 Osh Kosh 4WD snow plow 500HP Double wing Plow 35 Ton

Additionally, the possibility of poor timing, unsafe travel conditions, ineffective coordination between contractor and Town plowing operations, or inadequate equipment would cause the unnecessary risk that site personnel would be delayed or prevented from performing their Government duties.

The Government research work performed at the Newport site is unique within AFRL/RI and relies on scheduled tests to produce data of use to the directorate. If personnel are delayed or prevented from performing their duties, the negative consequence is multiplied since AFRL/RI activities rely on the data produced at the Newport site, will also be delayed. While in this case unacceptable delay cannot be quantified as readily as duplication of cost, the potential for negative mission impact is no less meaningful.

V. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under

FAR 5.202 applies.

A notice of contract action was posted to SAM.gov from Sept 14 to Sept 25 with zero responses.

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

The quoted price will be compared to that of the previous contract and checked against the Dept of Labor's rates for inflationary adjustments.

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

Market research was done by reviewing that of the previous 3 contracts. They were all awarded as sole sources for the fact that the Town of Newport owns the roadways in questions and it is solely their responsibility to clear them.

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

None

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

Town of Newport, NY

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

For this service, fostering competition is not expected to benefit the Government until either the Town of Newport ceases maintaining the roads leading to the site or AFRL/RI's site access becomes independent of the town roads. If these

March 2023 SOURCE SELECTION SENSITIVE Page 4 of 4March 2023 SOURCE SELECTION SENSITIVE Page 4 of 4 circumstances change, the Government will solicit competitively for the best value, performance-based snowplowing service. At this time, no actions are planned besides posting a synopsis on SAM.gov. Any information received in response to the notice will be considered and evaluated by the Government.

XI. Certification by the Contracting Officer.

As evidenced by my signature above, I certify that this justification is accurate and complete to the best of my knowledge and belief.

XII. 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.