JA 24-007 19F0114_Redacted.pdf

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

DoDEA DMPM Georgia and Alabama

JA NAO-FY24-007

8-Apr-24 Page 2 of 9

1. CONTRACTING AGENCY:

The U.S. Army Corps of Engineers Contracting Office, Norfolk Contracting District, 803 Front Street, Norfolk, Virginia 23510.

2. DESCRIPTION OF ACTION:

This proposed action is a modification of an existing contract (W9123619D0024), funded task order W9123619F0114 for preventative maintenance services in support of the Department of Defense Education Activity (DoDEA) – Americas facilities located at Fort Moore, Georgia; Fort Novosel, Alabama; and Maxwell AFB, Alabama. The current funded task order W9123619F0114 CLIN 0005 has a period of performance from 3/22/23-3/21/24. There are two CLINs 0006 and 0007AC which are 6-month extensions (POP 3/22/24-9/21/24) which the customer (DoDEA) indicated they did not wish to exercise.

For that reason, a new contract was awarded on 8 March 2024 to Ahntech Inc, (W9123624D4000) to perform these services. On 14 and 15 March 2024, the Contracting Officer received 3 Size Standard Small Business Administration (SBA) protests. Due to protests to the SBA regarding the size of Ahntech Inc, a stay of performance has been issued to Ahntech and they cannot commence work until the protest to the SBA is resolved. This contract modification will add CLIN 0008 – 1 Month of PMDM Services for GA- AL and OPTION CLIN 0009 & OPTION CLIN 0010 each for 1 additional Month of PMDM Services for GA-AL DoDEA Schools to ensure that there is not a lapse in service during this protest period. In the event that the protest is not resolved within the first 30 days, CLINs 0009 and 0010 may be exercised.

The services provided under this proposed contract encompass a wide range of facilities services such as operation and maintenance of heating and cooling systems, air condensers, kitchen equipment, facility control systems and other critical facility management services. These services must be provided on an ongoing basis without protracted lapse to ensure that the building systems continue to operate safely for the benefit of the students and teachers that inhabit them. The facilities engineering services provided under this action support eleven (11) facilities comprised of eight (8) schools and three (3) support facilities.

DoDEA does not possess in-house manpower or expertise to perform the critical facilities service requirements included in this proposed action. Additionally, each respective installation’s Department of Public Works (DPW) does not provide facility engineering support to the facilities covered under this proposed action.

Funding is available in the amount of $100,000 for the continuation of required facilities services in support of DoDEA-Americas facilities located at Fort Moore, Georgia; Fort Novosel, Alabama; and Maxwell AFB, Alabama. This amount covers the first one (1) month contract based upon a reasonable Government estimate, which includes an analysis of historical data and all costs associated with this contract. The actual price will be negotiated in accordance with the request for proposal process and in accordance with the scope of work.

3. DESCRIPTION OF SERVICES:

The work included in this action consists of providing up to three (3) months of preventative maintenance services in support of DoDEA-Americas facilities located at Fort Moore, Georgia; Fort Novosel, Alabama;

and Maxwell AFB, Alabama. The services provided under this proposed contract encompass a wide range of facilities services such as operation and maintenance of heating and cooling systems, air condensers, kitchen equipment, facility control systems and other critical facility management services. The services will support eleven (11) facilities comprised of eight (8) schools and three (3) support facilities.

The intent of the services performed under this contract is to operate and maintain critical systems in DoDEA facilities while identifying and diagnosing problems and potential equipment failures. While the contract includes general activities such as regularly changing filters, belts, and lubes, it also includes

8-Apr-24 CUI Page 3 of 9 ensuring all equipment is properly operating and controlled, alarms are initiated to protect systems and equipment, and systems can be evaluated and monitored from a central location. Ultimately, the services under this proposed action are critical to ensuring the safe operation of DoDEA-Americas facilities located at Fort Moore, Georgia; Fort Novosel, Alabama; and Maxwell AFB, Alabama. The services are also a necessary mechanism to timely resolving problems, identifying risks, and preventing possible issues such as fire hazards, failures of a major utility system, ruptures, leaks, or overflows of interior water lines or sanitary/sewer lines, including overflowing toilet and plumbing fixtures, emergency leaks of gas lines, emergency power generation failures, or other situations that directly cause damage to the facility or result in life, safety or health risks to students and teachers utilizing these DoDEA facilities.

The scope of services included under this contract are focused on the operation, maintenance and inspection of: all mechanical systems (including HVAC); all direct digital control (DDC) systems, and all kitchen equipment and walk in freezers and refrigerators. The contractor will be required to submit daily, weekly, and monthly reports to document all activities performed under this contract. Such documentation will be managed utilizing the computer management maintenance system (CMMS) program.

The proposed contract modification shall also include responsibility for material and labor costs associated with the maintenance, repair or replacement of any single piece of equipment within the limit of liability under $5,000. In support of such requirements, the contractor is required to maintain an adequate supply of spare and repair parts, or have them readily available, so that preventive maintenance requirements within the $5,000 limit of liability are not delayed. One instance of demand maintenance between the cost of $5,000 and $20,000 shall be included and covered under the limit of liability for all of the option months (3 months total).

Period of Performance: 22 March 2024 to 21 June 2024.

Total Value of Action: $262,940.00

4. AUTHORITY CITED:

10 U.S.C. § 2304(c)(2), as implemented by FAR 6.302-2, Unusual and Compelling Urgency.

5. REASON FOR AUTHORITY CITED:

(1) Background:

The DoDEA provides a comprehensive education program, grades pre-kindergarten through high school, for eligible dependent children of Department of Defense personnel. Although DoDEA facilities at Fort Moore, Georgia; Fort Novosel, Alabama; and Maxwell AFB, Alabama are located on military installations, DODEA is wholly responsible for the operation and maintenance of its own facilities. Accordingly, respective installations and DPWs do not provide facility operation and maintenance support to their respective DoDEA schools. Furthermore, DoDEA does not possess in-house manpower or expertise to perform the critical facilities service requirements included in this proposed action. Since DoDEA staff lacks capacity and sufficient technical expertise and resources to perform facilities operation and maintenance at DoDEA facilities at Fort Moore, Georgia; Fort Novosel, Alabama; and Maxwell AFB, Alabama, DoDEA relies on contractors to provide this critical support.

As described above, Contract No. W9123619D0024 was awarded to USP CBFS JV for preventative maintenance and repair services in support of DoDEA facilities at Fort Moore, Georgia; Fort Novosel, Alabama; and Maxwell AFB, Alabama. This contract was established as a base plus four (4) one-year options and included firm fixed price contract line items for preventative maintenance requirements and indefinite delivery, indefinite quantity contract line items for demand maintenance orders above the limit of liability.

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(2) Justification:

The authority cited above provides that when an agency’s need for 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 bid and proposals, full and open competition need not be provided for. The authority applies in situations where an unusual and compelling urgency precludes full and open competition and the delay in award of a contract would result in serious injury, financial or other, to the Government.

As noted above, the new contract awarded to Ahntech Inc is in a stay of performance which results in not providing the necessary services. This potential lapse in services to the building systems must be mitigated to the greatest extent possible to ensure that the building systems operate safely and to reasonably avoid the possibility of a safety mishap.

The current contractor USP CBFS possesses a working knowledge of the current facilities that can seamlessly continue the services understanding what requirements might have become critical during the contract lapse. As described above, USP CBFS, currently provides preventative maintenance and repair services in for DoDEA facilities at Fort Moore, Georgia; Fort Novosel, Alabama; and Maxwell AFB, Alabama. USP CBFS’s successful performance under the current contract demonstrates it possesses the detailed knowledge, technical expertise, and required training to effectively continue performance of the facilities service requirements under this contract. All personnel managing the operation of these school facilities and critical systems must understand how to fully utilize the CMMS system. USP CBFS JV is fully certified on the CMMS system and has completed the requisite Asbestos Hazardous Emergency Response Act (AHERA) training, thereby allowing for uninterrupted service. Additionally, USP CBFS JV has experienced team members able to continue accomplishing these services for DoDEA facilities at Fort Moore, Georgia; Fort Novosel, Alabama; and Maxwell AFB, Alabama and previously completed all necessary training required to support this contract. Ultimately, USP CBFS JVis the only contractor capable of performing the facility operation and maintenance requirements under this contract modification without a significant lapse in service. Award to any other firm would create unacceptable delays in fulfilling DoDEA’s requirement since it would require a solicitation, award and mobilization of a new workforce to begin full performance in less than 30-days, which is not feasible for a contract of this scope and complexity.

The proposed action includes preventative maintenance / demand maintenance services because such facilities services reasonably constitute a compelling requirement necessary to ensure health and safety of students and educational staff at DoDEA facilities at Fort Moore, Georgia; Fort Novosel, Alabama; and Maxwell AFB, Alabama. The services included under this proposed contract modification are necessary to ensure that the systems covered under this contract, which require reoccurring checkups and adjustments during the three (3) month period of this contract, are properly functioning and maintained throughout the period of performance. Accordingly, the facilities services included in this contract ensures that systems, many of which are critical and higher in required effort and technical competency (e.g., mechanical systems, electrical systems (DDC), kitchen equipment, critical system controls, etc.) in respective school facilities are properly, safely, and efficiently operating/functioning.

(3) Impact:

If this Justification and Approval is not approved, there will be an unacceptable lapse of critical facilities services for DoDEA facilities at Fort Moore, Georgia; Fort Novosel, Alabama; and Maxwell AFB, Alabama, which will impact the operation of the eleven (11) facilities included under the contract and may also possibly result in an unacceptable risk to the life, health and safety of the students and educational staff. This is especially concerning considering that the DoDEA facilities at Fort Moore, Georgia; Fort Novosel, Alabama; and Maxwell AFB, Alabama will be occupied and in operation throughout the period

8-Apr-24 Page 5 of 9 associated with this proposed contract. Accordingly, a risk of DoDEA schools and support facilities becoming non-operational during the period associated with this proposed contract is unacceptable. If a school were to close unexpectedly, the impact would be far greater than just adversely impacting the children’s education - a school closure would also result in a second-order adverse impact to the respective installation’s mission.

As discussed above, DoDEA does not have available personnel with technical expertise or capability to perform the services required under the contract if there is a lapse in service. The local installation DPW also does not provide facility engineering support to the facilities covered under this proposed action.

Accordingly, there would be an extended lapse in services if this Justification and Approval is not approved.

A lapse in services will also result in increased future repair and maintenance costs associated with DoDEA facilities at Fort Moore, Georgia; Fort Novosel, Alabama; and Maxwell AFB, Alabama since critical operating systems would be functioning without necessary operations, maintenance, and inspections. If this three (3) month contract modification for preventative maintenance services is not approved, then it is possible that some of the systems and equipment (e.g., mechanical, electrical, kitchen equipment, etc.)

which fall under the requirements of this contract will fail to operate correctly and safely.

Failure of a system in a school may result in multiple issues with a broad range of outcomes from an unsuitable educational environment to possible dire life, health or safety consequences. For example:

Systems will not be switched from heating to cooling mode during the three (3) month contract. Since of most of the systems are unable to automatically adjust modes due to age, the contractor is required to manually perform the heat to cool switch. During such switch, pumps are adjusted, motors realigned, couplings replaced, and the system is set for optimal operation. If this action is not completed, then the facilities under this contract will not be heated and such facilities may be forced to close due to an unsuitable and/or unsafe educational environment.

Chiller and roof top units will not be inspected with filters replaced, glycol added, oil changed, and sensors calibrated during the three (3) month period of performance. These activities are essential to ensuring that dust and other particulates do not clog these system thereby causing inefficient operation and/or system failure. Inefficient operation and/or system failure may result in a lack of cooling for the facilities under this contract and may force closure of such facilities due to unsuitable and/or unsafe indoor air quality. Furthermore, inefficient operation and/or system failure may result in an environment which could allow for mold, mildew, and other microbial growth, which are a major cause for health concerns. Should these conditions occur, then such facility would need to be immediately closed until that issue is remedied.

Liquid desiccant units (LDU), which remove moisture from the cooled and condensed air by providing critical “reheat,” will be examined, maintained, and adjusted during the three (3) month period of performance. If not operating correctly, LDU will cause unacceptable indoor air quality (IAQ) issues including high humidity, further contributing to mold, mildew, and other microbial growth.

Kitchen equipment will be regularly maintained and have periodic inspections conducted during the three (3) month period of performance. These activities include filter changes, hood cleaning, burner adjustments, system defrosting, cleaning, etc. If these services and inspections are not conducted, then kitchen equipment will be required to shut down which will either force DoDEA to contract with outside agencies to provide meals for its students or to not offer meals at all.

Direct Digital Control (DDC) systems will be adjusted and calibrated during the three (3) month period of performance. Adjustment and calibration of DDC systems is critical to ensuring mechanical, some kitchen, and other systems in facilities are functioning correctly and safely. If DDCs are not regularly

8-Apr-24 Page 6 of 9 maintained and inspected, respective portions of, or in some cases whole facilities, could be shut down due to health and safety concerns. In fact, the failure to regularly inspect and maintain the DDC system (main building controllers, unit and central plant controllers, alarms, pumps, etc.) could also result in dire life and safety concerns.

In short, the facilities services to be performed under this proposed contract are critical to the continued operation of DoDEA facilities at Fort Moore, Georgia; Fort Novosel, Alabama; and Maxwell AFB, Alabama and are essential to ensuring a safe and comfortable educational environment. Approval of the Justification & Approval would avoid the unacceptable lapse in critical preventative maintenance service described above and would enable DoDEA to meet its mission essential educational requirements and prevent the potential serious injury to the Government.

6. EFFORTS TO OBTAIN COMPETITION:

As described above, the Norfolk District awarded a competitive firm fixed price, small business set-aside contract for these services on 8 March 2024. On 14 and 15 March 2024, the Contracting Officer received 3 Size Standard Small Business Administration (SBA) protests. Due to protests to the SBA regarding the size of Ahntech Inc, a stay of performance has been issued to Ahntech and they cannot commence work until the protest to the SBA is resolved. Additionally, competition was obtained in 2019 when contract number W9123619D0024 was awarded. It is also important to note that the prices agreed to in this modification were based on the competition received on the original contract and justified using the prices received under the solicitation used to award contract under size protest W9123624D4000.There are no known alternatives to modifying the existing task order that would both obtain competition and prevent a lapse in services.

Notice pursuant to FAR 5.201 has not been provided. The exception at FAR 5.202(a)(2) is applicable as the proposed contract action is made under the conditions described in FAR 6.302-2 and the Government would be seriously injured if the agency complies with the time periods specified in FAR 5.203.

7. ACTIONS TO INCREASE COMPETITION:

As noted above, both the contract being modified W9123619D0024 and the follow-on contract that is subject to the aforementioned size protest, W9123624D4000 were both were solicited and awarded using competitive procedures. There are no known feasible actions that would further increase competition for the subject modification.

8. MARKET RESEARCH:

In accordance with FAR 6.302-2(c)(1), this justification was approved after award consistent with the underlying urgency.

Regarding the requirements of FAR 6.302-2(c)(2), as documented within the Government considered the possibility of requesting offers from additional sources but determined under the circumstances that it is not practical to do so given the short suspense to put a contract in place to avoid a lapse in services.

9. INTERESTED SOURCES:

As noted above, the Government examined the procurement history noting other potential interested sources. However, as discussed more fully above the technical requirements will not permit a competitive re-procurement for the bridge contract. For the permanent replacement contract, the Government already solicited on a competitive small business set-aside in which 5 competitive proposals were received and evaluated.

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10. OTHER FACTS:

The proposed three (3) month period of performance associated with this action will only be utilized to the extent necessary.

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11. TECHNICAL & 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.

12. FAIR AND REASONABLE COST DETERMINATION:

In accordance with Federal Acquisition Regulations (FAR) 15.402, I hereby determine that the supplies and/or services procured under this contract are procured at a fair and reasonable price through the use of historical pricing data, audit, and other means, as deemed necessary.

14. CONTRACTING OFFICER CERTIFICATION:

I certify that this J&A is accurate and complete to the best of my knowledge and belief.

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15. LEGAL SUFFICIENCY REVIEW:

I have determined this justification to be legally sufficient.

16. APPROVAL:

Based on the foregoing justification, I hereby approve a three (3) month contract with USP CBFS JV, LLC for preventative maintenance services in support of the DoDEA facilities at Fort Moore, George; Fort Novosel, Alabama; and Maxwell AFB, Alabama on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 2304(c)(2), FAR 6.302-2, Unusual and Compelling Urgency, and provided the services herein described have otherwise been authorized for acquisition.