JA_W9124E16D0006_P00011.pdf

CUI

Control No: MICC-2022-13

Contractor: Mahaffey Tent and Awning Company Inc.

Program/Equipment: Rotational Life Support Services

CUI

(Source Selection information - See FAR 2.101 and 3.104-4)

Apr 2021

FAR Part 6 Justification and Approval for Other than FAR 6 Justification and Approval for

Other than Full and Open Competition

1. Contracting Activity: U.S. Army Mission and Installation Contracting Command (MICC)-Fort Polk, 6661 Warrior Trail, Fort Polk, LA 71459-5000

2. Description of Action: The Joint Readiness Training Center (JRTC) requests a firm fixed price modification to the Rotational Life Support Contract (W9124E16D0006) with Mahaffey Tent and Awning Company Inc. The Government projects award for December 2021 and fiscal year 2022, Operations and Maintenance funds will be used.

Actual obligation of funding will be at the Task Order Level for this requirement as it is a Requirements “D” type contract.

3. Description of Supplies/Services: FORSCOM requires Rotational Life Support (RLS) Services at the JRTC which is supported/managed by the Operations Group (OPS GRP) here on Fort Polk, LA. A significant portion of the services are utilized by different requiring activities which include Joint Military and Allied Forces. This requirement provides life support functions (housing, potable water, electricity, environmental control, and hygiene functions) for trainees at Fort Polk, LA.

The following is an estimate of the required services:The tables on the following pages are an estimate of the required services.

Contractor: Mahaffey Tent and Awning Company Inc.

Program/Equipment: Rotational Life Support Services

(Source Selection information - See FAR 2.101 and 3.104-4) Apr 2021

Requirements Table

Description Qty. Unit of Measure

Type A tent For Sleep & DFAC Dining with EC* 9 Each Type A tent For Sleep & DFAC Dining: w/o EC* 0 Each Type B tent For (TOC), ADMIN and Sleep with EC* 2 Each Type B tent For (TOC), ADMIN and Sleep w/o EC* 0 Each Maintenance tent: with Climate Control 0 Each Maintenance tent: W/O Climate Control 1 Each Floor Unimproved Ground for Type A tent 0 Each Floor Improved Ground for Type A tent 9 Each Floor Unimproved Ground for Type B tent 0 Each Floor Improved Ground for Type B tent 2 Each Cots 1020 Each ECUs

25 Ton 89 Each Cables/Transformers 356 Each

Generator 25 KVA 25 Each 100 KVA 14 Each 180 KVA 1 Each 220 KVA 9 Each 300 KVA 1 Each

Hygiene Units, (Shower Heads) 22 Each Handwash Units 71 Each Refrigerator (Cold Storage Unit) 0 Each Trash cans 71 Each Fire Extinguishers 85 Each Light Tower units (Florescent Light) 130 Each Potable Container 23 Each Table 66 Each Chair 318 Each

*Environmental Control

Contractor: Mahaffey Tent and Awning Company Inc.

Program/Equipment: Rotational Life Support Service

CUI

(Source Selection information – See FAR 2.101 and 3.104-4

April 2021

Transportation Costs Gallons Per Day Transportation Bulk Potable 5 Mile Radius (Price per gallon per) 2,857 60 Mile Radius 0 Transportation Bulk Water for 5 Mile Radius (Price per gallon per) 446 60 Mile Radius 0 Transport JP-8 5 Mile Radius (Price per gallon per) 625 60 Mile Radius 0

The above Requirements Table is estimated for 1 (one) rotation. The 12 (twelve) month extension is estimated to have 10 (ten) rotations. Pricing will be requested in 21 (twenty-one) and 7 (seven) day intervals.

The estimated requirement is influenced by budget and the military decision making process of several different requiring activities that determine the need for rotational training. The overall rotational training event is for a tough, realistic, multi-echeloned, and fully integrated training experience. Therefore, the actual need may fluctuate.

Period of Performance: December 21, 2021 to December 20, 2022

Total Value: $

4. Authority Cited: 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1(a)(2) Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Reason for Authority Cited: The proposed acquisition must be accomplished through other than full and open competition. As described in FAR 6.302-1, when services are available from only one or a limited number of responsible sources, and no other type of services, in this case, will satisfy agency requirements, full and open competition need not be provided for. Because RLS Services are complex, large scale in operations, and critical to the Army mission, services are deemed to be available only from the original source for the continued provision.

a. Background. MICC-Fort Polk requested the follow-on re-procurement documentation for the re-solicitation of this continued requirement with the Exercise of the Fourth Option Period on May 26, 2020. An initial re-procurement package was received in June 2020, however, the package was not actionable as submitted. The Requiring Activity (RA) knew it was not actionable, as submitted, because they planned to terminate this requirement when the anticipated North Fort Polk construction project was completed.

This construction project would eliminate the need for temporary

4. Authority Cited: 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1(a)(2) Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Reason for Authority Cited: The proposed acquisition must be accomplished through other than full and open competition. As described in FAR 6.302-1, when services are available from only one or a limited number of responsible sources, and no other type of services, in this case, will satisfy agency requirements, full and open competition need not be provided for. Because RLS Services are complex, large scale in operations, and critical to the Army mission, services are deemed to be available only from the original source for the continued provision.

a. Background. MICC-Fort Polk requested the follow-on re-procurement documentation for the re-solicitation of this continued requirement with the Exercise of the Fourth Option Period on May 26, 2020. An initial re-procurement package was received in June 2020, however, the package was not actionable as submitted. The Requiring Activity (RA) knew it was not actionable, as submitted, because they planned to terminate this requirement when the anticipated North Fort Polk construction project was completed. This construction project would eliminate the need for temporary

Apr 2021 facilities provided by the Rotational Life Support Services with new permanent facilities that were part of the construction project. The Rotational Life Support Services package was eventually returned to the RA because the RA took no action to make the package actionable that would allow MICC-Fort Polk to pursue a new contract. On June 3rd, 2021, the RA initiated a new requirements package for Rotational Life Support Services because the North Fort Polk construction project did not occur as anticipated. The Rotational Life Support Services requirements package, as submitted, was not fully actionable, however the MICC began their required activities such as market research, initiation of an Acquisition Strategy, and other such activities needed to move the project along as far as possible until the RA supplied the revisions needed to make the package ready for solicitation. Subsequently, on 19 June 2021, MICC-Fort Polk signed modification P00007 to contract W9124E-16-D-0006 exercising an extension of services as stated in FAR Clause 52.217-8 until 20 December 2021. Because of the delay in providing an actionable package by the RA, there is insufficient time to complete a competitive acquisition process by the requirement need date. The Army mission on Fort Polk would be severely impacted if the Rotation Life Support contract is not supplemented with a continuation of services. The current contract ends on December 20, 2021 and there is not enough time to solicit and award another contract to any other source and still meet these required services. Attempting to solicit and award individual contracts would cause an unacceptable delay in fulfilling the requirements of our requiring activities needs. This modification is valued at approximately $10 million for a 12 (twelve) month period of performance. A Sources Sought was conducted with no responses received. Any interruption to JRTC’s mission of providing RLS services to our mission partners would cause undue hardship by decreasing the level of on-ground training support to the rotational units. Therefore, uninterrupted support from the incumbent contractor for an additional 12 months will allow operations to remain seamless until a quality follow-on contract is awarded.

Due to unexpected delays in construction on North Fort Polk, changes in personnel, and uncertainties in the anticipated number of rotations required for the upcoming years, the Requiring Activity was unable to provide an actionable procurement package to the MICC with enough procurement lead time to solicit a new contract using full and open competition prior to performance ending on the current contract. The current projected release date of the solicitation for the follow-on requirement is 01 February 2022 and the projected award date is 03 October 2022.

b. Alternatives. The alternatives include: limiting competition, suspension of operations, or use organic personnel/expertise.

1) Limiting Competition. These services require a large number of readily available supplies, a skilled manpower pool, and an experienced management team to successfully meet the needs of a rotation. MICC Fort Polk tried to find a qualified, responsible vendor who is immediately available and could absorb the potential

Apr 2021 substantial start-up cost without success. Given the current situation and the time constraints of limited alternatives available to the Government, the only course of action is to limit competition to the only responsible source who can satisfy the agency requirements by extending the current contract for one year in order to provide enough time to procure a new contract.

2) Suspension of Operations. The suspension of operations is not an acceptable outcome as it would halt the critical and extremely high visibility mission conducted at JRTC; hindering the United States Army’s ability to prepare Brigade Combat Teams for worldwide contingency operations. Therefore the suspension of operations is not a feasible alternative.

3) Use organic personnel. The use of in-house personnel is also not a feasible alternative. Fort Polk, LA requires an uninterrupted generation of Rotational Life Support Services. To that end, the requisite knowledge/skillsets are not available locally through civilian or borrowed military manpower. In addition, locally resourcing this requirement is well beyond the ability of the JRTC and OPS Group staff. Along with the service portion, this requirement also provides the necessary varieties of tents, large trailer mounted generators, light sets, showers, hand wash stations, and the means to transport water for this requirement.

c. Additional Information.

1) The verified minimum requirements that the Government requires for a 12 (twelve) month extension are found in the Requirements Table in paragraph 3 above.

2) The current contract (W9124E16D0006) remains in effect until contract expiration on December 20, 2021.

3) The current procurement requires the contractor to be available to mobilize at different times throughout the year which are impacted by operational budgets and the military decision making process. Due to the unique nature of Joint Rotational Training performed at Fort Polk, a Requirements “D” type contract is utilized to issue Task Orders for training rotations on an as needed basis.

4) The magnitude of requirements needed, as seen in the Requirements Table in paragraph 3 above, requires the contractor to provide the listed logistical services including all assets, placement, and removal upon completion of the rotation. These factors, coupled with the fact that Fort Polk’s physical location is not near a major metropolitan area, precludes any realistic competition for fulfilling this interim requirement in a competitive environment.

Apr 2021

5) Other service providers would likely be faced with the following issues for a December 21, 2021 start date: substantial startup costs (potentially the purchase of all assets seen in the Requirements Table in paragraph 3 above), efforts to source manpower locally, relocation of key corporate personnel for mission accomplishment, and contract management plans. Since the period of performance for the extension is twelve (12) months, all of (or most of) the preceding costs would have to be absorbed by the Government. Therefore, the existing support network established by the incumbent is most advantageous to the Government.

d. Impact if Justification not approved: Suspension of operations is not a viable option. The rotational life support requirements, provided by this contract are directly tied to real-world military readiness and cannot cease without causing significant harm to the Army and other supported agencies. If this Justification and Approval is not allowed, the JRTC mission will be significantly hindered and possibly fail, as RLS support services in the training area are a necessary component of preparing Army troops for real-life deployments.

6. Efforts to Obtain Competition: The Contracting Officer shall publish the notices required by FAR 5.201 and any bids or proposals received shall be considered.

a. Effective Competition: Because this is a sole source action, effective competition is not applicable as the authority under FAR 6.302-1 will be utilized.

b. Subcontracting Competition: Subcontracting competition is not applicable for this requirement as the incumbent/awardee is a small business concern. In accordance with FAR 19.702(b)(1), the incumbent is a small business concern and a Subcontracting plan is not required.

7. Actions to Increase Competition: As required in the Defense Federal Acquisition Regulation Supplement (DFARS) Procedures, Guidance, and Information (PGI) 206.302-1, a Sources Sought Notice was posted for this procurement action and no responses were received. Planning and finalizing requirements for future rotations would allow for a longer lead time allowing other potentially interested parties time to consider and propose on this requirement.

8. Market Research: In accordance with DFARS 205.205-71, and DFARS PGI 206.302-1(d), a sources sought was posted to SAM.Gov on 28 October 2021 for 7 (seven) days and no responses were received. Due to the urgency of ensuring services continue without interruption, all other searches revealed no solution that could fulfill the need at Fort Polk within the time constraints.

Apr 2021

9. Interested Sources: As required by FAR 5.201 a notice of an Intent to Sole Source was placed on the Government Point of Entry, SAM.gov. Fort Polk received three (3) responses to the notice expressing an interest in performing the Rotational Life Support requirements. Each respondent was considered and evaluated as to their ability to perform the requirement stated in the notice. Based on their responses to the notice, they were determined to be non-responsive, not responsible, or not capable of performing the Rotational Life Support requirements in the timeframe needed for this action. The following are the results of the evaluations of the three (3) responses:

a. PRO EM National Event Services failed to provide a CAGE Code or DUNS number for additional research into the company. Additionally, they stated that they could not respond by the deadline of November 11, 2021 at 9:00AM CST. Therefore they were determined to be non-responsive.

b. Johnstone & Tate Investments was found to have a Termination for Cause in Contractor Performance Assessment Reporting System (CPARS) against contract W911SG21P0077 (issued by MICC Fort Bliss). This combined with the mission critical nature of this requirement described in paragraph 5 caused the JRTC and MICC-Fort Polk to arrive at the conclusion that they were not responsible for purposes of this requirement.

c. Cobalt Equipment was found to have a Marginal rating in the areas of Schedule and Management under contract AG024BB147039 in CPARS. This requirement is sensitive to the core training mission of the Joint Readiness Training Center mission as described in paragraph 5. Thus this respondent could not be reasonably relied upon for this interim requirement.

This leaves the incumbent as the only reasonable and responsible source capable of meeting the customer’s immediate needs for these services. In addition, other vendors if qualified, would need phase-in and mobilization periods to support the requirement and the incumbent already has, in place, the necessary structure to perform these services.

Apr 2021

10. Other Facts:

a. Procurement History:

Contract # Awardee Awarded Amount

Period of Performance

Set Aside Status

W9124E07A0002 Kellogg Brown & Root Services Inc.

$32.0M 03/20/2007 to 09/30/2010

Unrestricted Full & Open Competition

W9124J11D0006 Mahaffey Tent & Awning Company, Inc.

$84.9M 12/15/2010 to 12/31/2015

Small Business

W9124E16D0006 Mahaffey Tent & Awning Company, Inc.

$52.4M 07/22/2016 to 12/20/2021

Small Business

Contractor: Mahaffey Tent and Awning Company Inc.

Program/Equipment: Rotational Life Support Services

CUI

(Source Selection information - See FAR 2.101 and 3.104-4)

Apr 2021

Approval

Based on the foregoing justification, I hereby approve the procurement of Rotational Life Support Services on an other than full and open competition basis pursuant to the authority of Title 10 United States Code Section 2304(c)(1), the property or services needed by the agency are available from only one responsible source or only from a limited number of responsible sources and no other type of property or services will satisfy the needs of the agency. The estimated value of the modification is $10.1 million for a 12 (twelve) month period of performance from approximately December 2021 through approximately December 2022. The approval is subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition.

SCOTT D. KUKES

Alternate Advocate for Competition U.S. Army Mission and Installation Contracting Command, JBSA Fort Sam Houston, TX