20160304_AFICA_CIB_Bridge_Execution_Final_Redacted.pdf

FOE JUSTIFICATION

I. Contracting Activity

The 772 ESS/PKS, JBSA Lackland, TX is the responsible contracting activity for the proposed action for a task order (TO) against contract , GEITA11. This action is an exception to the fair opportunity process in accordance with (IAW) FAR 16.505(b)(2)(i)(A), the agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays. Unusual and compelling urgency precludes full and open competition, and award delay would result in serious financial injury to the Air Force, possible injury to human health, and adverse impacts to the environment.

II. Nature and/or Description of the Action Being Approved

This requirement provides a full range of Advisory and Assistance Services (A&AS) and deliverables in support of the Air Force Civil Engineer Center’s (AFCEC) BRAC Program

Management Division (CIB) under the AFCEC Installations Directorate (CI) at JBSA Lackland, TX.

AFCEC’s CIB requires a core cadre of personnel with substantial highly specialized experience and skilled expertise to advise and assist with ongoing BRAC environmental cleanup (emerging contaminants (ECs), property transfer, post-transfer management, contract surveillance, planning, programming, budgeting and execution (PPBE) and data reporting and financial management support for the Secretary of the Air Force/Headquarters Air Force (SAF/HAF). This will be a Firm-Fixed-Price TO with cost-reimbursable CLINS for Travel and Other Direct Costs

(ODCs) related to stakeholder issues resulting from ongoing cleanup efforts.

This requirement is within the scope of work of the GEITA11 multiple-award Indefinite Delivery

Indefinite Quantity (ID/IQ) contract.

The AFCEC BRAC CI requires a fair opportunity exception buy of A&AS support from

. This requirement will provide support for project execution for the BRAC program at multiple locations (40 Installations) across 20 states through the GEITA11 contract. was awarded the , by the United States

Army Corps of Engineers (USACE) by means of contract , that expired on

. This contract provided environmental cleanup, property transfer, contract surveillance, and contract execution management support. AFCEC/CIB could no longer request support from USACE as had , in combination with the Organizational Conflict of Interest (OCI) restriction identified in GEITA11 basic contract. GEITA11 was procured as 100% Small Business set-aside and of the GEITA11 A&AS ID/IQ contractors. IAW Section I, AFFARS 5352.209-9000 OCI clause;

GEITA11 primes, first-tier sub-contractors (including team members) are precluded for the life of the GEITA11 contract plus one (1) year after the expiration date of the GEITA11 ID/IQ contract period of performance from contractual involvement in other AFCEC contracts (except current GEITA11). Upon award of the basic GEITA11 contract (4 June 13), existing orders under other AFCEC contracts could be completed but no future work was permitted. Consequently, all future Project Execution Support requirements for the BRAC program at multiple locations must be procured through the A&AS GEITA11 ID/IQ contract. The market analysis has started for the $ follow-on requirement, with the long term strategy for the BRAC requirement

AFCEC BRAC CI

which is , for support in securing long-term professional service needs. This action was to be executed prior to the end of the contract support from USACE (23 Jun 15). But due to the program impacts of new

ECs from aircraft fire-fighting foam, new audit findings on the management of BRAC land use controls, and a large volume of missing BRAC geospatial information, additional time was needed to identify and estimate the A&AS support requirements. Consequently, on 15 Jun 15, the USACE extended the current A&AS contract effort IAW FAR 52.217-8 for a 6-month period

(23 Dec 15) to provide additional support. During this extension, the on-going requirement continued to evolve and the causing a delay in the procurement process.

The under GEITA11 contract number F will serve as an interim contract until the long term competitive BRAC support services TO is awarded. The from date of award and will provide ample time to procure and award a

. Based on current acquisition timelines, the following table provides a tentative schedule of the time this will take to be awarded.

III. Description of the Supplies/Services Required To Meet the Agency’s Needs

Under this performance-based acquisition, will provide highly specialized experience and skilled expertise to advise and assist with ongoing BRAC environmental cleanup, property transfer, post-transfer management, contract surveillance, PPBE and data reporting and financial management support at multiple locations. The expected GEITA11 labor categories are

. The labor rates were negotiated and established in the basic GEITA11 contract. Total value for this requirement is estimated at $ . The estimate was determined based on required to support this requirement.

IV. Authority Permitting a Fair Opportunity Exception

FAR 16.505(b)(1)(i) requires the Contracting Officer to provide each awardee under a multiple award contract, a fair opportunity to be considered for each order exceeding $3,500 unless a statutory exception applies. The specific exception that precludes the fair opportunity process for this acquisition is FAR 16.505(b)(2)(i)(A), “The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.”

V. Demonstration of the Contractor’s Unique Qualifications or Nature of the Acquisition

Requires the Use of the Authority Cited Above to Provide the Required Supply/Service

(Applicability of Authority)

FAR 16.505(b)(2)(i)(A), “The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays”.

The BRAC CIB manages the environmental cleanup and property transfer of the Air Force’s

BRAC property. The Air Force BRAC portfolio includes 40 installations (in 20 states) closed or realigned under BRAC 1988-2005 legislation encompassing approximately 88,000 acres and over 5,000 environmental cleanup sites. By its very nature, legacy BRAC is a finite, diminishing workload, and with non-personal services A&AS support to meet near-term BRAC program requirements.

This requirement is for a full range of A&AS and deliverables in support of the BRAC Program.

The scope includes support of program management (PM), project execution, contract surveillance, ECs, and property transfer as well as other areas.

Without A&AS support the BRAC program will be unable to implement the BRAC Master Plan

(BMP) as directed by the Assistant Secretary of the Air Force. The BMP represents the BRAC financial and environmental site data program requirements as mandated by Office of the

Secretary of Defense (OSD) and Secretary of the Air Force (SECAF) cleanup policy and related

Defense Environmental Restoration Program guidance. The inability of A&AS support in preparing critical reports for the BRAC installations will delay and preclude the transfer of property to the public for redevelopment. It will prevent the Air Force from meeting federally mandated obligations at 12 former bases on the National Priorities List resulting in non-compliance with environmental laws and violation of agreements with the U.S. Environmental

Protection Agency (EPA).

The lack of A&AS support will impact the Fiscal Year 2016 Program Execution of the $

BRAC program. The loss of critical contract support staff

A major component of A&AS support is to prepare .e., BRAC federal employees do not have the expertise to navigate the hundreds of data elements required to perform estimates, however, they do

. Breaks in environmental system operation/monitoring can result in loss of containment of contamination, completion of pathways to human and biological receptors, loss in public trust, regulatory enforcement orders, and stipulated penalties under our existing regulatory agreements (e.g., Federal Facility Agreements).

Without A&AS support the BRAC program will be unable to implement environmental monitoring activities including conducting its Quality Assurance/Quality Control (QA/QC) program for Performance-Based Remedial (PBR) contracts. A&AS staff on a $ PBR contract portfolio. The loss of critical contract support staff providing surveillance assistance and review of over PBR submittals would postpone regulatory approvals required prior to the initiation of site work thereby delaying PBR contractor performance estimated at $ . These delays would be the responsibility of the Air

Force and would result in PBR contractors submitting requests for equitable adjustments, requests for release from contract deliverables and milestones, and/or requests for additional time to complete remedial actions. The Air Force would miss regulatory deadlines contained in the installation Site Management Plans (SMPs) and in the Federal Facility Agreements (FFAs) resulting in Notices of Non-Compliance, Notices of Violation, Administrative Orders, and/or fines and penalties from EPA or State regulators. All BRAC installations with active cleanup would be impacted and violations and penalties could exceed enforcement actions.

Delayed cleanup also delays property transfer which adversely impacts community redevelopment.

Lacking A&AS support, the program will greatly and immediately impact the Air Force BRAC mandatory response to the Administrative Order (AO) issued in August, 2015. Failure to comply with the AO carries a which is

. SECAF has affirmed that the Air Force BRAC program shall comply with the EPA AO and meet the mandated deadline. Contractor support is needed to provide Subject Matter Experts (SMEs) on Perfluorinated Compounds (PFCs) to perform QA/QC and review the work of our Architect & Engineering (A&E) contractor performing site investigations and remedial design work directly related to the EPA AO. Failure to continue to support this work would impact the Air Force relationships with the community and Congressional Delegation (CODEL). The interruption in A&AS work greatly diminishes the

BRAC program’s ability to fully comply with the EPA AO.

Continued A&AS support is needed to address ECs, primarily PFCs, at all former bases. ECs are a contaminant that has a reasonably possible pathway to enter the environment, presents a potential unacceptable human health or environmental risk, and does not have regulatory standards based on peer-reviewed science, or the regulatory standards are evolving due to new science, detection capabilities, or pathways. The BRAC program conducted preliminary assessments (PAs) for PFCs at all former bases in FY15. The BRAC A&E contractor is now performing Site Inspections (SIs) at former bases and is now developing sampling and site specific work plans with field work projected later in FY16. As with , A&AS

SMEs are currently reviewing A&E contractor SI work plans and performing field oversight

QA/QC activities. The A&AS reviews and field oversight support cannot all be performed by onboard federal employees. Vigilance is required throughout these PFC site investigations because if it is found that an imminent threat exists to human health, the Air Force must conduct immediate mitigation or emergency response measures including actions to alleviate the threat and A&AS support is critical in this response.

The impact of not performing the BRAC property conveyance and real estate actions are delays in returning property back to the local communities for redevelopment and income producing opportunities. The lost revenues due to these impacts may be substantial and could constitute a taking that would result in claims against the Air Force.

VI. Description of Efforts Made To Ensure Competition Between All Awardees

IAW FAR 16.505(a)(1) orders under ID/IQs do not have to be synopsized. Paragraph V, above, justifies why competition among all awardees is not possible for this acquisition. Prior to the completion of this bridge effort, A draft RFP was issued competitively on 25 Nov 15 to all GEITA11 contractors. This

. The . The bridge and the follow-on effort will be worked concurrently and share the same schedule as identified above.

VII. Determination by the Contracting Officer That The Anticipated Cost to the Government

Will Be Fair and Reasonable

GEITA11 labor prices were determined fair and reasonable at contract award. A price evaluation will be completed, nonetheless. The Air Force negotiation team will ensure that the proposed labor mix and level of effort are appropriate and the proposed firm fixed prices are fair and reasonable in comparison to the government estimate. The Government will pre-determine the cost-reimbursable amounts for Travel and ODCs.

VIII. Description of Market Research Conducted Among All Awardees and the Results or A

Statement of the Reason Market Research Was Not Conducted

Market research was conducted for this effort and is current, accurate and relevant.

This for a

. The proposed monthly amount for the bridge effort is approximately $ , based on the fully burdened GEITA11 rates for for this interim task order is the most practicable solution, as this firm has the highly specialized experience and skilled expertise in supporting the BRAC program. Presently, no contractor is capable of providing this short term effort as ramp-up of a new contractor would require training in all aspects of the services that the Air Force needs under this bridge effort. According to the standard GEITA11 procurement lead times, it would take approximately calendar days to procure and award the effort, however because of the urgency of this effort, the timelines will be reduced to days to facilitate the resumption of service (see table below). Continuity , for a bridge effort is vital.

If this effort was awarded to GEITA11 contractor , that contractor would then require a transition period to ramp up in transferring data and achieving necessary familiarization and mobilization to enable them to provide full service for this requirement.

Historically, such transition periods have been approximately days.

IX. Other Facts Supporting the Justification

This will be a direct award using the GEITA11 contract

Attempting to award to

. As a result of the current break in service, AFCEC could be assessed fines for failure to comply with the EPA AO regarding BRAC installations.

X. List of Any Awardee That Expressed Interest in the Acquisition

XI. Actions the Agency May Take to Remove or Overcome Any Barriers To Increasing Fair

Opportunity Before Any Subsequent Acquisition For the Supplies or Services

Prior to the completion of this bridge, the required services will be utilizing the .

XII. Contracting Officer’s Certification

The Contracting Officer’s signature on the signature page evidences that they have determined this document to be both accurate and complete to the best of her knowledge and belief.

XIII. Technical/Requirements Personnel’s Certification

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