JA_(JBSA_LAK_Bus_Services)_Posting.pdf

JUSTIFICATION FOR OTHER THAN

FULL AND OPEN COMPETITION

I. CONTRACTING ACTIVITY

Department of the Air Force, 502d Contracting Squadron, Joint Base San Antonio (JBSA)-

Randolph, TX 78150-4525, Justification for Other Than Full and Open Competition. The

Contracting Officer is Ms. Barbara A. Jewett, . An FY16

Planning Form 9, , has been submitted and assigned to support this requirement.

II. NATURE AND/OR DESCRIPTION OF THE ACTION BEING PROCESSED

Request approval for use of only one responsible source in support of a “bridge” contract to

FA3089-14-D-0001; no other supplies or services will satisfy agency requirements as outlined in

FAR 6.302-1. The Government intends to award a new Firm-Fixed Price (FFP) “bridge” contract for this requirement.

III. DESCRIPTION OF THE SUPPLIES/SERVICES REQUIRED TO MEET THE

AGENCY’S NEEDS

The Government has a requirement to obtain mass transit bus services in support of directed student transportation needs for the 37 th

Training Wing (TRW), JBSA-Lackland, TX. The contractor will be responsible for providing all management and supervision, personnel, vehicles, equipment, supplies, fuel, and any other associated requirements to cover student training transportation needs to include daily shuttle services throughout JBSA-Lackland and scheduled and unscheduled passenger transportation to support travel requirements up to 125 miles from

JBSA-Lackland. The estimated passenger load per month is 224,316 utilizing contractor-owned buses with a carrying capacity ranging from 38 to 50 passengers, each. The anticipated dollar value for this acquisition is $ and will be paid using 3400 (O&M) appropriations. The period of performance for this acquisition is eight (8) months; one two–month base period (1

April 2016 through 31 May 2016) with six one-month option periods. It is the Government’s intent to award a competitive follow-on requirement beginning on or before 1 June 2016, which contains a three-month phase-in period to allow for an adequate lead time for fleet acquisition.

The competitive award, however, is contingent upon an awaited Small Business Administration

(SBA) size determination appeal decision. While, in accordance with (IAW) 13 C.F.R.

§134.316, it is “insofar as practicable” for the SBA Office of Hearings and Appeals Judge to

“issue a size appeal decision within 60 calendar days after close of the record” (this date was 16

February 2016 for this circumstance), a cursory review of frequently cited size appeal cases revealed a longer period of adjudication is possible. Therefore, the availability of six one-month option periods will allow additional time, if needed, to continue the acquisition process and award of a competitive follow-on contract. This strategy minimizes the period of this “bridge” acquisition to the maximum extent practicable under the current circumstances.

IV. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN

COMPETITION

10 U.S.C. §2304(c)(1), as implemented by FAR 6.302-1, precludes full and open competition when the supplies or services required by the agency are available from only one responsible source, or, for DoD, from only one or a limited number of responsible sources and no other type of supplies or services will satisfy agency requirements. Specifically for this requirement, FAR

6.302-1(a)(2)(ii)(B) and 6.302-1(a)(2)(iii)(B) Unacceptable delays in fulfilling the agency’s requirements apply.

V. DEMONSTRATION THAT THE CONTRACTOR’S UNIQUE QUALIFICATIONS

OR NATURE OF THE ACQUISITION REQUIRES THE USE OF THE AUTHORITY

CITED ABOVE (APPLICABILITY OF AUTHORITY)

The incumbent contractor, BryMak and Associates, Inc. (BryMak), is currently providing mass transit bus services under contract number FA3089-14-D-0001. The basis of award for the current contract was competitive, FFP and was awarded on 1 October 2014. It expires 31 March

2016, to include the full period for extension of services afforded under FAR clause 52.217-8.

The Government’s intent was to award a competitive, FFP contract on or before 1 December

2015. The solicitation process for award of this competitive follow-on contract was conducted utilizing full and open competition after exclusion of sources and had reached the stage of contract award; however, a small business size protest followed by an appeal of the SBA size determination decision has prevented the Government from making a timely award. The appeal decision is currently pending. Depending upon the appeal decision, the Government anticipates awarding a competitive follow-on requirement beginning on or before 1 June 2016. In the interim, this “bridge” effort, which contains options, will allow additional time for the award of a competitive follow-on contract while minimizing the period of this “bridge” acquisition to the maximum extent practicable under the current circumstances.

BryMak is a transportation vendor with a sustained record of responsible and acceptable performance, a fully-trained staff, and all required vehicles on site necessary to support this contract without any phase-in delays or duplication of costs. A new contractor would, at a minimum, have to procure a fleet of vehicles that would result in duplicative costs to the expiring contract, as well as possibly incur additional phase-in costs and delays that would be detrimental to Government interests in providing uninterrupted transportation services to the JBSA-Lackland training populace. Furthermore, a new contractor would not reasonably be expected to recoup their initial capital investment, in vehicles alone, during the abbreviated period of performance anticipated for this “bridge” contract. Based on recent market research and the daily average passenger load, a contractor may be faced with an approximate $7.2M vehicle fleet start-up cost in order to begin performance. Moreover, it would take approximately 90 days from contract award to secure a fleet adequate to support this requirement. Therefore, this acquisition is for continued performance of a highly specialized service.

Stalled movements for basic military training and/or technical training students are unacceptable given the direct impact to the primary mission at JBSA-Lackland, the largest training operation in the Air Force. Any such delays have the potential to cause mission failure for the 37 th

TRW

and diminish the overall readiness of the Air Force. Additionally, sustained delays for new contractor phase-in requirements will significantly degrade the training pipeline of all four services (Air Force, Army, Navy, and Marines) resident to JBSA-Lackland. Accordingly, BryMak is the only firm capable of providing the supplies and services described in Section III above without the U.S. Air Force experiencing substantial duplication of cost that could not be expected to be recovered through competition and unacceptable delays in fulfilling its requirements.

VI. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE

SOLICITED FROM AS MANY POTENTIAL SOURCES AS DEEMED PRACTICABLE

The current contract expiration date of 31 March 2016 makes it impracticable to solicit additional sources beyond the incumbent contractor in order to make a timely award of this

“bridge” contract; additionally, the abbreviated period of performance for this “bridge” contract makes it cost prohibitive for the Government to seek additional sources due to duplicative costs and potential disruptions in services associated with phase in of a new contractor. All reasonable efforts were made by the Government to adequately definitize the follow-on JBSA-Lackland bus service requirement with sufficient time to procure competitively. However, a timely award of the competitive requirement was severely impacted by unavoidable and uncontrollable delays encountered by the Government.

VII. DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE

The Government has extensive, detailed historical data for all of the services required under this

“bridge” contract. The Contracting Officer will make a price reasonableness determination based on historical prices for bus transportation services, detailed historical data, equipment depreciation costs, fuel costs, previous acquisitions, and industry standards.

VIII. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE

RESULTS, OR A STATEMENT OF THE REASONS MARKET RESEARCH WAS NOT

CONDUCTED

Market research for this “bridge” contract was not conducted as the Contracting Officer has determined that market research previously conducted within 18 months of projected award for the competitive follow-on contract remains current, accurate, and relevant IAW FAR

10.002(b)(1). The current contract expiration date of 31 March 2016 makes it impracticable to use additional market research to seek potential sources beyond the incumbent contractor in order to make a timely award of the “bridge” contract. BryMak is a transportation vendor with a sustained record of responsible and acceptable performance. The Contracting Officer will make a price reasonableness determination using one or more price analysis techniques IAW FAR

15.404-1(b). This will incorporate the utilization of detailed historical data available to the

Government, to include historical prices for bus transportation services, equipment depreciation costs, fuel costs, previous acquisitions, and industry standards.

IX. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND

OPEN COMPETITION

N/A

X. LIST OF SOURCES, IF ANY, THAT EXPRESSED INTEREST IN THE

ACQUISITION

The current contract expiration date of 31 March 2016 makes it impracticable to solicit additional sources beyond the incumbent contractor in order to make a timely award of this “bridge” contract; additionally, the abbreviated period of performance for this “bridge” contract makes it cost prohibitive for the Government to seek additional sources due to duplicative costs and potential disruption in services associated with phase in of a new contractor.

XI. A STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO

REMOVE OR OVERCOME ANY BARRIERS TO COMPETITION BEFORE MAKING

SUBSEQUENT ACQUISITIONS FOR THE SUPPLIES OR SERVICES REQUIRED

The Contracting Officer anticipates timely award of the competitive follow-on contract once the external factors driving the current delay in award are resolved. There were no barriers to competition encountered during solicitation of the competitive follow-on contract.

XII. CONTRACTING OFFICER’S CERTIFICATION

The contracting officer’s signature on the Coordination and Approval Document evidences that she has determined this document to be both accurate and complete to the best of her knowledge and belief.

XIII. TECHNICAL/REQUIREMENT’S PERSONNEL CERTIFICATION

As evidenced by their signatures on the Coordination and Approval Document, the technical and/or requirements personnel have certified that any supporting data contained herein, which is their responsibility, is both accurate and complete.