JA 21-117 - LOGCAP IV REDACTED.pdf

Control No: 21-117 Contractor: Fluor

Service: LOGCAP IV Est. DollarValue:

JUSTIFICATION REVIEW DOCUMENT

FOR JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

Service: Logistics Civil Augmentation Program (LOGCAP) IV Contract Execution

Authority: 10 U.S.C. 2304(c)(2) as implemented by Federal Acquisition Regulation (FAR) 6.302-2, Unusual and Compelling Urgency

Prepared by:

Contracting Officer:

Technical:

Requirements:

Anna E. Thissen DSN: 793-0536 Contract Specialist Email: anna.e.thissen.civ@mail.mil

Derek M. Schnorrenberg DSN: 793-4267 Contracting Officer Email: derek.m.schnorrenberg.civ@mail.mil

Service: LOGCAP IV Est. DollarValue:

Reviews: I have reviewed this justification and find it adequate to support other than full and open competition.

Program Manager:

Legal Advisor:

Service: LOGCAP IV BLS and O&M Services Est. Dollar Value:

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Department of Army Justification and Approval for Other than

Full and Open Competition

1. Contracting Activity: U.S. Army Contracting Command - Rock Island (ACC-RI) Rock Island Arsenal, Rock Island, IL 61299-8000.

2. Description of Action: U.S. Army Central, through the 1st Theater Sustainment Command (TSC), requested a cost-reimbursable modification to extend the Period of Performance (PoP) for Fluor Intercontinental (Fluor) LOGCAP IV Indefinite- Delivery/Indefinite-Quantity (IDIQ) contract W52P1J-07-D-0008 for

. The 1st TSC requested LOGCAP support to conduct a potential Noncombatant Evacuation Operation (NEO). Of the multiple courses of action (COA) identified, one likely COA was utilizing LOGCAP base life support (BLS) services to process noncombatant evacuees out of Afghanistan to safe harbor Host Nation locations. Due to the rapid development and urgency of the pending NEO, ACC-RI extended Fluor’s IDIQ to support the potential requirement on 01 July 2021 via modification 51. The associated Task Order (TO) 0001 for program support was not extended. In conjunction with modification 51, ACC-RI issued modification D4 to TO 0005 on 30 June 2021 utilizing FY 2021 Operations and Maintenance (O&M) funds.

In addition to the aforementioned BLS services, Fluor has also supported the Office of the Secretary of Defense (OSD) and the Department of State (DoS) by responding to requests for information and assisting with applications for Special Immigrant Visas (SIV) for former Fluor subcontracted employees in an effort to safely evacuate them from Afghanistan.

The Senior Contracting Official (formerly known as the Principal Assistant Responsible for Contracting) approved the LOGCAP IV Acquisition Plan on 28 August 2006, in accordance with Defense Federal Acquisition Regulations Supplement 207.103(d)(i)(B).

FAR 7.104 requires that, “[a]t key dates specified in the plan or whenever significant changes occur, and no less often annually, the planner shall review the plan and, if appropriate, revise it.” Extension of Fluor’s existing IDIQ without any increase to the scope, is not considered a significant change, and therefore, does not warrant an amendment to the plan.

The PoP for the base Fluor IDIQ contract originally expired on 02 April 2018, but the Government twice extended performancefor this contract and the associated TO 0001 for program support, as well as the two additional LOGCAP IV IDIQ contracts with

Most recently, the three IDIQ contracts were extended in response to the protest of the award of LOGCAP V. The Government extended performance for each IDIQ contract and TO 0001 for a 15-month period, from 03 April 2020 to 02 July 2021, beginning the day after the IDIQ contract was set to expire and continuing with a flexible end-date that would not exceed the total

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proposed extension length for each IDIQ. This extension was supported by Class Justification and Approval (J&A) 20-014, approved by the Senior Procurement Executive on 4 February 2020.

ACC-RI competitively awarded LOGCAP V on 12 April 2019. Following the resolution of multiple protests, ACC-RI issued Notices to Proceed to all LOGCAP V contractors on 3 March 2020, allowing work under LOGCAP V to proceed. However, the COVID-19 pandemic further impacted and partially prevented the transition from LOGCAP IV to V on Fluor’s two active LOGCAP IV TOs, 0005 supporting United States Central Command (CENTCOM) in Afghanistan North and 0014 supporting United States Africa Command.

TO 0014 has since transitioned to LOGCAP V and does not require an extension.

All remaining BLS and O&M services under Fluor’s TO 0005 in Northern Afghanistan were to be transitioned to TO beginning mid-April 2021. However, on 14 April 2021, the U.S. President announced a full troop withdrawal from Afghanistan.

Therefore, transition to LOGCAP V did not occur and Fluor began demobilization of all personnel and assets from Afghanistan.

During the withdrawal, on 29 June 2021, ACC-RI received a Statement of Urgency requesting the potential LOGCAP NEO support requiring this extension of Fluor’s LOGCAP IV IDIQ. As a result, on 30 June 2021, ACC-RI issued a Notice to Proceed under TO 0005 to Fluor to hold all available personnel, who were demobilizing and traveling to their home of record from Afghanistan due to the withdrawal, in Dubai until further notice. On/around 12 July 2021, ACC-RI was notified that Fluor’s support was no longer needed for these requirements. Therefore, a revision was issued on 12 July 2021 stating that Fluor should release all personnel on standby in Dubai in support of NEO and return them to their home of record.

Additionally, Fluor continues to assist OSD and DoS with SIV applications and has estimated support could be needed for

3. Description of Services:

LOGCAP is a program established by Army Regulation (700-137) to augment the force by providing a wide offering of full spectrum services to the Global Combatant Commands. As stated above, there was one TO under Fluor’s LOGCAP IV IDIQ contract, TO 0005, supporting CENTCOM in Afghanistan North, which required an extension. The Army anticipated potential continuation of the following types of services in CENTCOM through the requested Fluor IDIQ extension:

• Facilities Management

• Hazardous Material/Hazardous Waste Management

• Pest Management

Service: LOGCAP IV BLS and O&M Services Est. Dollar Value:

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• Laundry Service Operations

• Food Service Operations

• Power Generation

• Water Production

• Billeting

• Dumpsters and Trash Removal

• Wastewater Management

• Solid Waste Management

• NTV and Small Appliance

• Retail Fuel

As stated above, transition to LOGCAP V in Northern Afghanistan was set to start in April 2021; however, the U.S. President’s announcement of troop withdrawal led to a full cessation of services. All Fluor personnel were set to demobilize by 26 June 2021, however, given the Government’s direction on 30 June 2021, the remaining personnel were held in Dubai until decisions on the use of LOGCAP support could be finalized.

Fluor has since been given direction to release all personnel to their home of record.

There was a need for contractual flexibility due to the level of uncertainty as the full withdrawal of troops progressed. As such, the base IDIQ extension was not comprised of a base period and subsequent options to extend services. Under modification 51, the extension began the day after the current IDIQ expired, and could

ACC-RI is preparing a separate Justification for Exception to Fair Opportunity (JEFO) to cover the extension of TO 0005, JEFO 21-119, which will be submitted to the Competition Advocate for approval.

The estimated maximum value for the NEO support under the IDIQ and TO 0005 is

4. Authority Cited: 10 U.S.C. 2304(c)(2), as implemented by FAR 6.302-2, Unusual and compelling urgency.

Service: LOGCAP IV BLS and O&M Services Est. Dollar Value:

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5. Reason for Authority Cited: As described in 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.

The follow-on LOGCAP V contract action was a full and open competition that resulted in the award of four multiple-award IDIQ contracts on 12 April 2019. Awards were made to

. The Government awarded Because ACC-RI did not receive the request for support for the immediate requirement until 29 June 2021, it was in the Government’s best interest to extend Fluor’s LOGCAP IV contract and TO, rather than award under

Further, Fluor had the ability to hold personnel in Dubai as they were traveling back to their home of record due to the withdrawal. Fluor was able to leverage personnel still in Dubai in order to greatly decrease the time taken to commence services, if needed, TO 0005 for Northern Afghanistan has provided CENTCOM with critical services at as many as 75 Forward Operating Bases over the life of the TO. Most recently at Bagram, Fluor provided all services listed in paragraph 3 above, as well as others, during the last PoP which ended on 30 June 2021. Given the familiarity with the AOR, recent performance, and the short PoP, Other than extending the existing contract, other contractual options to provide the required services such as awarding new short-term contracts or using alternative existing contracts were not practical as an alternate contract could not be awarded in time and there is not an alternate contingency-based BLS contract capable of providing the scope of LOGCAP services urgently needed.

6. Efforts to Obtain Competition: In accordance with FAR 5.202(a)(2), ACC-RI will not

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synopsize this action. Because this is a sole source action, effective competition is not applicable. The IDIQ contract contains FAR Clause 52.244-5, Competition in Subcontracting, which states that the contractor shall select subcontractors on a competitive basis to the maximum practicable extent.

7. Actions to Increase Competition: ACC-RI competitively awarded multiple-award IDIQ base contracts and TOs under LOGCAP V on 12 April 2019. ACC-RI will conduct TO competitions for new, emerging requirements under LOGCAP V using fair opportunity procedures.

8. Market Research: ACC-RI performed market research in June 2021 by contacting knowledgeable individuals within Government regarding market capabilities to meet requirements. The results of market research revealed that because LOGCAP V required all offerors to demonstrate a global capability, the other LOGCAP V contractors are capable of providing these services.

9. Interested Sources: To date, no other sources have expressed a written interest in this requirement.

10. Other Facts:

Procurement History

Contract: W52P1J-07-D-0008, P00050 Contractor: Fluor Effective Date: 02 April 2021 Competitive Status: Non-Competitive, Class J&A 20-014 Authority: FAR 6.302-1(a)(2)(iii)(B)

Contract: W52P1J-07-D-0008, P00048 Contractor: Fluor Effective Date: 01 April 2020 Competitive Status: Non-Competitive, Class J&A 20-014 Authority: FAR 6.302-1(a)(2)(iii)(B)

Contract: W52P1J-07-D-0008, P00045 Contractor: Fluor Effective Date: 02 April 2018 Competitive Status: Non-Competitive, J&A 18-019 Authority: FAR 6.302-1(a)(2)(iii)(B)

Contract: W52P1J-07-D-0008 (LOGCAP IV)

Service: LOGCAP IV BLS and O&M Services Est. Dollar Value:

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Contractor: Fluor Effective Date: 17 April 2008 Status: Competitive

Service: LOGCAP IV BLS and O&M Services Est. Dollar Value:

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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:

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:

13. Fair and Reasonable Cost Determination: In accordance with FAR 16.505(b)(2)(ii)(B)(5), I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based on a cost analysis in accordance with FAR 15.404-1.

Date: ____ Derek M. Schnorrenberg Contracting Officer

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Date: _____ Derek M. Schnorrenberg Contracting Officer

Contractor: Fluor

Service: LOGCAP IV BLS and O&M Services Est. DollarValue:

Approval

Based on the foregoing justification, I hereby approve the modification of Fluor’s LOGCAP IV IDIQ contract to on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 2304(c)(2), Unusual and Compelling Urgency. The approval is subject to the services or supplies herein described being otherwise authorized for acquisition.

Date: Signature:

STEPHANIE M. JAMES

Competition Advocate

JAMES.STEPHANI

E.MARIE

BOOZER.1275435

Digitally signed by

JAMES.STEPHANIE.MARI

E BOOZER.1275435321

Date: 2021.08.31 14:36:03 -05'00'