FLW_JA_2017_19_Redacted.pdf
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Control No. MICC 2017-19 Contractor: TC&S/F-W, LLC
Service: Facilities Maintenance
Version – MAY 2016 FOR OFFICIAL USE ONLY
JUSTIFICATION REVIEW DOCUMENT
FAR PART 6 JUSTIFICATION AND APPROVAL FOR OTHER THAN
FULL AND OPEN COMPETITION
Program: Contract Extension for the Fort Leonard Wood Directorate of Public Works’ Facilities Maintenance Contract for Fort Leonard Wood, MO and the Lake of the Ozarks Army Recreation Area (LORA)
Authority: 10 U.S.C. 2304(c)(2) as implemented by FAR Part 6.302-2 -- Unusual and Compelling Urgency
Amount:
Prepared by:
Contract Specialist:
JC Mitchell DSN: 581-0263 Contract Specialist Date: 12 January 2017 Email: jeffery.c.mitchell2.civ@mail.mil
Procuring Contracting Officer:
James E. Tucker DSN: 581-0257 Director MICC-LW Date: 12 January 2017 Email: james.e.tucker1.civ@mail.mil
Lead Counsel:
Jeffrey H. Rohrer DSN: 581-0626 Contract and Fiscal Law Attorney Date: 12 January 2017 Email: jeffrey.h.rohrer.civ@mail.mil
Technical Representative:
Angie L. Gable DSN: 581-3463 Branch Chief, Directorate of Public Works Date: 12 January 2017 Email: angie.l.gable.civ@mail.mil
(b) (4)
Service: Facilities Maintenance
Version – MAY 2016 FOR OFFICIAL USE ONLY
Reviews: I have reviewed this justification and find it adequate to support Other than Full and Open Competition.
Contracting Officer:
James E. Tucker DSN: 581-0257
_________________________________________ Date: See Digital Signature
Legal Counsel:
Jeffrey H. Rohrer DSN: 581-0626
_________________________________________ Date: See Digital Signature
Small Business Specialist, Small Business Programs:
David M. Hale DSN: 581-0260
_________________________________________ Date: See Digital Signature
MICC Director, Fort Leonard Wood:
James E. Tucker DSN: 581-0257
_________________________________________ Date: See Digital Signature
TUCKER.JAME
S.E.1143509610
Digitally signed by
TUCKER.JAMES.E.1143509610
DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=TUCKER.JAMES.E.1143509610 Date: 2017.01.12 15:25:22 -06'00'
ROHRER.JEFFREY.
HOWARD.107718533
Digitally signed by
ROHRER.JEFFREY.HOWARD.1077185336
DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=ROHRER.JEFFREY.HOWARD.1077185336 Date: 2017.01.12 14:23:52 -06'00'
HALE.DAVID.MIC
HAEL.1017803480
Digitally signed by
HALE.DAVID.MICHAEL.1017803480
DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=HALE.DAVID.MICHAEL.1017803480 Date: 2017.01.17 07:06:06 -06'00'
TUCKER.JAME
S.E.1143509610
Digitally signed by
TUCKER.JAMES.E.1143509610
DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=TUCKER.JAMES.E.1143509610 Date: 2017.01.12 15:25:43 -06'00'
Service: Facilities Maintenance
Version – MAY 2016 FOR OFFICIAL USE ONLY
FAR Part 6 Justification and Approval for Other than Full and Open Competition
1. Contracting Activity: Mission and Installation Contracting Command (MICC) Fort Leonard Wood, 8112 Nebraska Avenue, Fort Leonard Wood, Missouri 65473.
2. Description of Action: The Fort Leonard Wood Directorate of Public Works requests a cost plus award fee / firm fixed price six- month extension of the Facilities Maintenance Contract with TC&S/F-W, LLC to meet the maintenance requirement for Fort Leonard Wood, Missouri and Lake of the Ozarks Recreation Area (LORA) in accordance with FAR 52.217-8. This action will be awarded as a modification to the existing contract, W911S7-12-D-0002. The Government projects award by 31 January 2017 and fiscal year 2017, Operations and Maintenance funds will be used.
An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i)(B).”
3. Description of Supplies/Services: Under the contemplated modification, the contractor shall continue to provide services consisting of all planning, programming, administration, management and execution necessary to provide maintenance, repair, incidental improvements and minor construction and perform related services as specified. The Contractor shall conduct work in accordance with the contract and all applicable federal state and local laws, regulations, codes or directives. The Contractor shall ensure all work meets critical reliability rates or tolerances specified in the Quality Assurance Surveillance Plan (QASP) or included in applicable referenced documents.
The Contractor shall perform all related Contractor administrative services required to perform work such as supply, quality control (QC), shop operation, libraries of documents to include federal, state and local regulations, codes, laws, technical manuals, Industrial Standards and recommendations, which are necessary and related to functions being performed.
Period of Performance: 1 February 2017 to 31 July 2017 Total Value:
4. Authority Cited: 10 U.S.C. 2304(c)(2) as implemented by FAR Part 6.302-2 Unusual and Compelling Urgency
5. Reason for Authority Cited: Services are available only from the TC&S/F-W, LLC for services described above. Award to any other source would result in substantial duplication of costs to the government which is not expected to be recovered through competition. The extension to the Facility Maintenance Contract must be issued on a sole-source basis in the interest of time, economy and efficiency as it will allow the
(b) (4)
Service: Facilities Maintenance
Version – MAY 2016 FOR OFFICIAL USE ONLY unabated execution of facility maintenance services through the end of the extension period.
a. As described at FAR 6.302-2(a)(2), when the agency’s need for the supplies or services is of such an unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals, full and open competition need not be provided for.
b. Alternatives:
1) Suspension of Operation. Without facility maintenance services the installation cannot operate. The installation would have to be closed. Facility maintenance services cannot be acquired economically for Fort Leonard Wood and LORA within time constraints without utilizing the services of TC&S/F-W, LLC. Closing the installation is not considered a feasible option.
2) Use of In-House Resources. There are no in house resources capable of satisfying the requirement of Fort Leonard Wood and LORA’s facility maintenance requirements.
3) Solicitation Using Full and Open Competition. A re-procurement package has been developed and is being processed by MICC FDO Eustis for the acquisition of a long term (up to 5 year), fully competed Facility Maintenance contract.
c. There is currently no other source that can provide the immediate capabilities necessary to meet the total requirements provided by the in place contractor.
6. Efforts to Obtain Competition: This action will not require a synopsis due to the proposed contract action being made under the terms of an existing contract that was previously synopsized in sufficient detail to comply with the requirements of FAR 5.207 with respect to the current proposed contract action IAW FAR 5.202(a)(11).
7. Actions to Increase Competition: A re-procurement package has been developed and is being processed by MICC FDO Eustis for the acquisition of a long term (up to 5 year), fully competed Facility Maintenance contract.
8. Market Research: As a result of the short performance period of the requirement, no market research was conducted for this six month extension.
9. Interested Sources: There are no interested sources other than the incumbent Contractor who can provide services as detailed without a substantial phase-in period during which services would be suspended resulting in mission failure.
10. Other Facts:
a. Procurement History:
1) The current contract expires 31 January 2017 and TC&S/F-W, LLC capability
Service: Facilities Maintenance
Version – MAY 2016 FOR OFFICIAL USE ONLY must be maintained to support the Fort Leonard Wood and LORA’s missions. Although FAR 52.217-8 was incorporated into the subject contract at Solicitation, the Contracting Officer cannot determine that it was evaluated prior to award, therefore requiring a Justification and Approval for a six month extension of services.
2) Procurement History: Fort Leonard Wood has procured facilities maintenance services through TC&S/F-W LLC since 2012. The requirement was competed and a full source selection and evaluation was performed. A Cost-Plus Contract was awarded based on lowest price found to be technically acceptable.
3) Subcontracting Competition. The incumbent is a Small Business.
(End of page)
Service: Facilities Maintenance
Version – MAY 2016 FOR OFFICIAL USE ONLY
11. Technical Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.
________________________________________ Date: See Digital Signature Angie L. Gable Branch Chief, Directorate of Public Works
12. Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.
________________________________________ Date: See Digital Signature Angie L. Gable Branch Chief, Directorate of Public Works
13. Fair and Reasonable Cost Determination: “I hereby determine that the anticipated price for this contract action will be fair and reasonable. The techniques identified at FAR 15.404-1(b)(2)(ii) will be used to ensure award will be at fair and reasonable prices. The Contracting Officer will ensure that final orders issued against this contract shall be fair and reasonable through comparison of historical costs paid, comparison of independent Government Cost Estimates (IGCE), and analysis of data other than certified cost or pricing data.”
________________________________________ Date: See Digital Signature James E. Tucker Director, MICC-Leonard Wood Procuring Contracting Officer
14. Contracting Officer Certification: "I certify that this J&A is accurate and complete to the best of my knowledge and belief."
________________________________________ Date: See Digital Signature James E. Tucker Director, MICC-Leonard Wood Procuring Contracting Officer
GABLE.ANGIE
.L.1282953966
Digitally signed by
GABLE.ANGIE.L.1282953966
DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=GABLE.ANGIE.L.1282953966 Date: 2017.01.13 08:25:41 -06'00'
GABLE.ANGIE
.L.1282953966
Digitally signed by
GABLE.ANGIE.L.1282953966
DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=GABLE.ANGIE.L.1282953966 Date: 2017.01.13 08:25:57 -06'00'
TUCKER.JAME
S.E.1143509610
Digitally signed by
TUCKER.JAMES.E.1143509610
DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=TUCKER.JAMES.E.1143509610 Date: 2017.01.12 15:26:09 -06'00'
TUCKER.JAME
S.E.1143509610
Digitally signed by
TUCKER.JAMES.E.1143509610
DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=TUCKER.JAMES.E.1143509610 Date: 2017.01.12 15:26:29 -06'00'
Service: Facilities Maintenance
Version – MAY 2016 FOR OFFICIAL USE ONLY
Approval
Based on the foregoing justification, I hereby approve the procurement of the six-month extension of the Fort Leonard Wood Facilities Maintenance Contract to meet the facility maintenance requirements of Fort Leonard Wood, Missouri and the Lake of the Ozarks Recreation Area pursuant to the authority of 10 U.S.C. 2304(c)(2) as implemented by FAR Part 6.302-2 Unusual and Compelling Urgency, subject to availability of funds, and provided that the services or property herein described have otherwise been authorized for acquisition.
SCOTT D. KUKES
Special Advocate for Competition US Army Mission and Installation Contracting Command, Fort Sam Houston, TX
KUKES.SCOTT.D
EAN.1151934346
Digitally signed by
KUKES.SCOTT.DEAN.1151934346
DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=KUKES.SCOTT.DEAN.1151934346 Date: 2017.01.17 11:01:08 -06'00'
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