20160304_AFICA_CIB_Bridge_Contract_Programmatic_REDACTED.pdf

FAIR OPPORTUNITY EXCEPTION (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 (EC’s), 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 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 an FOE buy of A&AS support from

This requirement will provide support for programmatic and cleanup support 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, and planning, programming, budgeting and execution (PPBE) and data reporting and financial management support. AFCEC/CIB could no longer request support from USACE as

. 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 is one 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 period of performance from contractual involvement in other

AFCEC contracts (except current GEITA11). Upon award of the basic GEITA11 contract award (4

June 13), existing orders under other AFCEC contracts could be completed but no future work was permitted. Consequently, all future Programmatic and Environmental Cleanup 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 .

, 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 ( ). But due to the program impacts of new emerging contaminants 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 the USACE A&AS contract effort IAW FAR

52.217-8 for a ( ) to provide additional support. During this extension, the on-going requirement continued to evolve and the causing a delay in the procurement process.

The contemplated FOE TO from under GEITA11 contract number 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 the current timelines, the following table provides a tentative schedule of the time this will be awarded.

III. Description of the Supplies/Services Required To Meet Agency 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 required 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 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/16.htm#P399_69627 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 environmental cleanup; property transfer; post-transfer management;

contract surveillance; ECs, PPBE; and data reporting and financial management.

Without A&AS support the BRAC program will be unable to implement the as directed by the Assistant Secretary of the Air Force. The represents the BRAC as mandated by and cleanup policy and related guidance. The inability of A&AS support in s will delay and preclude the

. It will prevent the Air Force from at former bases on the 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 BRAC PPBE process that is critical to the program justifying and receiving its annual budget appropriations. The Fiscal Year 2017 Program

Requirements Development (FY17 PRD) process is underway and support is required

The FY17 requires that all projects be

Due to the recent loss of key , contractor support is essential to maintain continuity and to avoid delay in project peer review and validation. Not completing the FY17

, delays the of the , and prevents timely submittal of the

. The end result of delayed is serious financial to the BRAC program budget that will not allow award of new contracts or payments on existing remedial contracts if DOD removes current year funds or does not properly plan for future AF BRAC restoration requirements.

The lack of A&AS support will impact of the BRAC balance and will preclude our meeting the for readiness. The BRAC program has postured to meet the , however, will not be accomplished without A&AS support to implement the Ongoing work to examine key systems supporting the business subject to information technology (IT) audit readiness requirements is critical to meeting the audit deadline. It is essential for the to determine which systems must be assessed for and Efforts are underway to review the

Availability of A&AS support is needed to continue to address and close the Air Force Audit

Agency (AFAA) audit findings associated with .

The final report found that cost savings could be realized by utilizing an

BRAC is currently

. In addition, the BRAC program continues to focus on understanding and ensuring

Failure to complete installation-specific guidance will cause the BRAC Program to be in non-compliance with . Failure to properly manage also may impact

Without A&AS support the BRAC program will be

. Effort to create a BRAC Community

Storefront for Local Redevelopment Authorities (LRAs) and private landowners will cease and the program will be unable to respond to PTM-related correspondence, inquiries, and requests.

. Our inability to centralize PTM work will decrease the quality of service and delay requests being acted upon by the proper authority.

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 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 ODCs.

VIII. Description of the 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 for the The proposed monthly amount for the bridge effort is approximately based on the fully burdened GEITA11 rates for , selection 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 with a is vital. Bringing a new contractor in, who would lack a corporate working knowledge of the specific A&AS support would cause unnecessary ramp up time. If this effort was awarded to GEITA 11 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 .

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 Acquisitions 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 he/she has determined this document to be both accurate and complete to the best of his/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.