JA_FAR_Subpart_13_5_Redacted_-_.pdf

Control No: MICC-FSH- 2017-10

JUSTIFICATION REVIEW DOCUMENT

FAR SUBPART 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS – SOLE SOURCE JUSTIFICATION AND APPROVAL

Program/Equipment: Yellow Ribbon Program (YRP) Training Event Support Services.

Authority: 41 United States Code 1901 as implemented in Federal Acquisition Regulation Subpart 13.5 for Sole Source Acquisition.

Amount: $281,111.41

Prepared by:

Name: DSN:

Title: Contracting Officer Date: 27 March 2017 Email:

Contracting Officer:

Title: Contracting Officer Date: 27 March 2017

Technical/Requirements:

Name: DSN: N/A Title: Program Manager Date: 27 March 2017

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

Program Manager:

Typed Name: DSN: N/A

Date: See Digital Signature

Local Small Business Specialist:

Name: Deanna Ochoa DSN:

Date: See Digital Signature

MICC Office of Counsel:

Signature: Date: See Digital Signature

Justification and Approval for Sole Source J&A

1. Contracting Activity: Mission and Installation Contracting Command – Fort Sam Houston.

2. Description of Action: Approval is requested to award a Firm Fixed Priced (FFP) contract.

The proposed action will be funded using FY17 Operation and Maintenance (OMA) funds. The estimated amount of $281,111.41 will be used for obligation.

3. Description of Supplies/Services: This is a non-personal services contract for the 63rd Regional Support Command Dallas, TX supporting over 44,000 soldiers in 7 states and provides the best-in-class BASOPS when deployed to support the missions of the United States Army and the Government. The Yellow Ribbon event is requirement of Department of Defense Instruction 1342.28, which establishes the Yellow Ribbon Program. The Yellow Ribbon Program consists of four events: 1st event occurs prior to deployment, 2nd event occurs during deployment, 3rd event occurs approximately 90 days post- deployment and the 4th event occurs approximately 180 days post-deployment.

The requirement is to provide lodging, meals, session rooms, transportation service, youth/childcare service, and Audio Visual support for approximately 840 personnel.

The contractor will provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform Yellow Ribbon Program (YRP) Training Event as defined in this Performance Work Statement except for those items specified as government furnished property and services. The attendance for the YRP event is estimated at 900 total personnel and will consist of the following:

• 800 Attendees: 400 Service Members and 400 Family Members

• 40 Staff: 30 Supporting Staff and 10 Advance-Staff

• 60 Community Partners/Instructors: 50 Community Partners and 10 Instructors

The anticipated period of performance is as follows: 18 – 24 April 2017.

4. Authority Cited: The statutory authority permitting other than full and open competition is 41 United States code 1901 as implemented in FAR Subpart 13.5.

5. Reason for Authority Cited: partners III LLC BDA Hilton Hotel was awarded contract W9124J-17-D-0005 on 27 February 2017 for the Yellow Ribbon Services in Dallas, TX. A post award protest was subsequently filed at the local level with the Contracting Officer by contractor Tom and Jerry, Kansas, City, KS. A letter suspending contract W9124J-17- D-0005 was issued on 15 March 2017. A single source award contract authorized herein will provide the necessary time for resolution of the protest and execution of the final decision.

a) Background:

(1) A Combined Synopsis Solicitation W9124J-17-R-0015 was issued on 12 January 2017 with a final closing date of 25 January 2017. Four proposals were received.

(2) The requirement was an Indefinite Delivery, Indefinite Quantity (IDIQ) contract. Firm-Fixed Price using best value lowest price technically acceptable. Period of Performance: February 27, 2017 – February 26 2022, a five year ordering period.

(3) Award to Hilton was announced that via email on February 21, 2017

(4) MICC-FSH received an agency protest from Tom & Jerry on 9 March 2017

(5) MICC-FSH issued a suspension on contract dated 15 March 2017

(6) MICC-FSH is currently working with legal to resolve the protest. Resolution is expected no later than 1 June 2017.

(b) Alternatives:

(1) Conduct a competitive acquisition to obtain another vendor who may be capable of providing the required support: This alternative is unacceptable, since a new contractor would need to recruit/relocate/transfer staff, obtain necessary resources to ensure performance for about 400 Service Members and 400 Family Members; 40 Staff: 30 Supporting Staff and 10 Advance-Staff and 60 Community Partners/Instructors: 50 Community Partners and 10 Instructors. Notwithstanding the fact that

(2) Suspension of programs is not an option to be considered. Suspending the

Yellow Ribbon Program would cause significant barriers to mission accomplishment.

Attendee and staff's travel needs to be arranged soon to allow for all necessary arrangements.

After award of the IDIQ the 63rd RSC was starting to make arrangements for all 940 people planning to attend the April event in Dallas.

Currently event materials are stored at the Hilton. Coordinating to move material would need to be accomplished. If canceled, 800 Soldiers and Families would not receive the information and resources needed prior to deployment. This event is hosting a short suspense MOB and there is no other time available to provide this resource. This event is also hosting a cohort of individuals who have been tracked throughout the deployment process. Changing the timing of this research project will affect its validity and reliability.

(c) Justification: This award is required to allow critical daily 63rd functions to proceed while contracting and legal work out a correction action plan. MICC-FSH is currently working with legal to submit an agency decision/solution. An amended solicitation will be issued to the two contractors found acceptable one of which who filed the protest and the successful offer.

6. Efforts to Obtain Competition: As stated within, a combined synopsis solicitation was solicited and had significant interest for competition.

7. Actions to Increase Competition: The Contracting Office is currently working with legal on a corrective action plan due to the protest. A decision should be finalized by 1 June 2017.

8. Market Research: Extensive market research has been conducted for this requirement. On the previous contracts, a sources sought notice was issued via FedBizOpps by MICC-Fort Sam Houston which did not receive any responses or interests in this requirement from small business concern. Previous Firm Fixed price contracts of similar scope and size in Texas were solicited as “unrestricted” opportunities and awarded to large businesses at different locations. All were solicited using 721110 as the primary NAICS Code Size Standard is $32.5M. YRP requirements for Dallas were solicited as unrestricted and awarded to the same vendor, Hilton Hotel, four out of the last five times this event was held at this location. Multiple vendors have shown interest in the past. However, they were deemed not technically capable to fulfil this requirement due to lack of capacity. The size and complexity of the requirements are such there are only a few vendors who can fulfil these requirements.

9. Interested Sources: N/A

10. Other Facts:

a. Procurement History: This is a follow-on requirement for services. The acquisition history for similar procurements are listed below:

Contract Vendor

Name Type of Set

Cont.

Amount Period of Performance

Contractor Business

W9124J-16-P-0058 Anatole Partner

Unrestricted FFP 291,798.64 8-14 Mar 2016 Large

W912CJ-15-C-

Anatole Partners

Unrestricted FFP 500,940.00 3-9 Feb & 17-23 Mar 2015

Large

W912CJ-14-C-

Hyatt Corp Unrestricted FFP 269,430.00 2-8 Sep 2014 Large

W9124N-13-C-

Anatole Partners

Unrestricted FFP 334,815.00 25 Jun-1 Jul

Large

W9124N-13-C-

Anatole Partners

Unrestricted FFP 345,705.00 2-8 Apr 2013 Large

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.

Name: Date:

Title: Program Manger Signature:

12. Fair and Reasonable Cost Determination: I hereby determine that the anticipated price to the Government for this contract action will be fair and reasonable. The Independent Government Cost Estimate (IGCE) along with proposed price received by Hilton Hotel will be used to analyze the contractor proposed cost to determine fair and reasonable price. Certified cost or pricing will not be solicited.

Contracting Officer Signature:

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

Title: Contracting Officer Signature:

Approval

Based on the foregoing justification, I hereby approve the procurement of Yellow Ribbon Program Dallas, TX services at an estimated $281,111.41 on an other than full and open competition basis pursuant to the authority of 41 United States Code 1901 as implemented in FAR Subpart 13.5, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Date: See Digital Signature Signature:

Name: Gary L. Stevens

Title: Contracting Officer