JEFO 2026_03.pdf

Control Number: 2026-003

Justification Review Document FAR Part 16 Justification for an Exception to Fair Opportunity

Program/Equipment: TSB25 - Federal Protection Mission Base Life Support Services at Camp Withycombe

Authority: 10 U.S.C. 3406(c)(1) as implemented by FAR 16.505(b)(2)(i)(A) – The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

Amount: $35.4M

Prepared by: SSG Bryan Rouse PH. 520-693-1169 Contracting Specialist Date: 10 OCT 2025 E-mail: bryan.k.rouse2.mil@army.mil

Contracting Officer: MAJ Corey Griffin PH.: 210-508-6675 Contracting Officer Date: 10 OCT 2025 E-mail: corey.j.griffin.mil@army.mil

Technical: SFC Marquetta Taylor PH.: 210-295-1051 OCS Date: 10 OCT 2025 E-mail: marquetta.s.taylor.mil@army.mil

Requirements: LTC Kevin Marshall PH.: 210-295-9975 ARNORTH G4 Representative Date: 10 OCT 2025 E-mail: kevin.h.marshall.mil@army.mil

2 JUNE 2025

Reviews: I have reviewed this justification and find it adequate to support an exception to fair opportunity.

USARNORTH OCS Program Manager:

Mark Spainhour E-mail: mark.a.spainhour3.civ@army.mil / PH.: 520-669-0573

MICC Legal Counsel:

MAJ Devereaux X. Towner E-mail: devereaux.x.towner.mil@army.mil / PH.: 571-588-6070

Director, Field Directorate Office – Fort Sam Houston COL Randy J. Garcia E-mail: randy.j.garcia.mil@army.mil / PH: 210-854-1693

Director, Small Business Program:

Luis. O. Trinidad E-mail: luis.o.trinidad.civ@army.mil / PH: 210-466-2253

Unavailable due to Government Furlough

Alternate Advocate for Competition:

Scott D. Kukes E-mail: scott.d.kukes.civ@army.mil / PH.: 520-944-7373

SPAINHOUR.MARK

.ALAN.1144368416

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SPAINHOUR.MARK.ALAN.11443

68416 Date: 2025.10.30 10:57:41 -05'00'

TOWNER.DEVERE

AUX.XAVIER.12334

00463

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TOWNER.DEVEREAUX.XAVIER

.1233400463 Date: 2025.10.30 14:06:36 -05'00'

GARCIA.RANDY.JA

VIER.1072999491

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GARCIA.RANDY.JAVIER.107299

Date: 2025.10.30 14:37:53 -05'00'

E-mail: devereaux.x.towner.mil@army.mil / PH.: 571-588-6070

E-mail: luis.o.trinidad.civ@army.mil / PH: 210-466-2253

KUKES.SCOTT.DE

AN.1151934346

Digitally signed by

KUKES.SCOTT.DEAN.1151934346

Date: 2025.10.31 13:29:37 -05'00'

3 JUNE 2025

FAR Part 16 Justification for an Exception to Fair Opportunity

1. Requiring Activity: Headquarters, United States Army North (ARNORTH), JBSA Fort Sam Houston, TX.

2. Contracting Activity: U.S. Army Mission and Installation Contracting Command, Field Directorate Office – Fort Sam Houston (FDO FSH), JBSA Fort Sam Houston, TX

3. Description of Action: Request approval of a new $35.4 million, firm-fixed-price Task Order under the Navy’s Worldwide Expeditionary Multiple Award Contract (WEXMAC) to Bodwe-KVG JV LLC, CAGE: 9Y9L0, 415 E Prairie Ronde St Dowagiac, MI 49047-1348. The government executed this task order against contract N00023-25-D- 0014. The effective date of award was 1 October 2025. This task order was executed utilizing Fiscal Year (FY) 2026 Operations and Maintenance, Army (OMA) funds via Purchase Request No. 12364677.

4. Description of Supplies/Services: The government required immediate, comprehensive life support services to sustain up to 650 National Guard members at Camp Withycombe, Oregon who are executing a critical Federal Protection Mission. The fundamental need is for a temporary, self-sufficient operational environment that includes lodging, food, sanitation, medical, transportation capabilities, and other Base Life Support services necessary to maintain personnel readiness. This life support infrastructure is essential for the health, welfare, and mission effectiveness of military personnel activated by a Presidential Proclamation to suppress civil disturbances.

Period Period of Performance Estimated Value Base 1 OCT 2025 - 29 NOV 2025 $9,700,641.99

Option 1 30 NOV 2025 - 29 DEC 2025 $4,291,199.00 Option 2 30 DEC 2025 - 28 JAN 2026 $4,291,199.00 Option 3 29 JAN 2026 - 27 FEB 2026 $4,291,199.00 Option 4 28 FEB 2026 - 29 MAR 2026 $4,291,199.00 Option 5 30 MAR 2026 - 28 APR 2026 $4,291,199.00 Option 6 29 APR 2026 - 28 MAY 2026 $4,291,199.00

Estimated Total Price $35,447,835.99

5. Authority Cited: 10 U.S.C. 3406(c)(1) as implemented by FAR 16.505(b)(2)(i)(A) – The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

6. Reason for Authority Cited:

a. Background: On 30 September 2025 FDO FSH was made aware of an emerging Federal Protection Mission in Portland, Oregon requiring 200 National Guard Soldiers to support that mission while operating out of Camp Withycombe, Oregon. The mission required a fully operational base camp to be in place no later than 5 October 2025. In consideration of the very short timeline between mission awareness and firm Full

4 JUNE 2025

Operating Capability (FOC) date of 5 October, the contracting officer elected to move forward with a sole source award to Bodwe-KVG JV LLC.

Bodwe-KVG JV LLC, is uniquely qualified as they are a global expeditionary logistics management firm with more than a decade of experience in global logistics operations in support of critical U.S. Government missions around the world. They are an 8(a) Mentor Protege Joint Venture and listed as a WEXMAC 2.0 vendor for the contingent United States. Providing a previous Rough Order of Magnitude (ROM) in response to an August 28th, 2025 request for ROM of an anticipated Federal Protection Mission (FPM) based in Chicago, Illinois, Bodwe-KVG provided a proposal with competitive pricing and a noteworthy FOC timeline that indicated they would be able to satisfy the Camp Withycombe mission set. FDO FSH felt confident that awarding the WEXMAC Task Order to Bodwe-KVG would ensure the firm and non-negotiable operational timeline could be met and the mission would not be compromised. Any further deliberation might have meant 200 activated National Guard members would have arrived at Camp Withycombe with no lodging, food, sanitation, or other essential life support, making their mission to suppress civil disturbances untenable. Additionally, Bodwe-KVG showed the potential for flexibility and agility with impending changes in personnel from 200 to 650.

A similar sized event which necessitated a rapid timeline was used as a benchmark and market research: the Basic Life Services Contract to support ARNORTH operations in Los Angeles, CA was the Los Alamitos LSA Task Order W9124J25FA091 that was justified based on unusual and compelling circumstances as well.

b. Alternatives: Several alternatives were considered, but none were deemed viable due to the extreme time constraints and the critical nature of the mission.

1) Competitive Acquisition: Pursuing a full and open competition or a small business set-aside was considered and rejected. The time required to solicit, evaluate, and award a competitive contract would exceed the five days available to have services in place, resulting in mission failure. Fair Opportunity under a multiple-award contract was also forgone due to the unusual and compelling need. Therefore, direct award was granted to Bodwe-KVG, LLC, an 8(a) Mentor Protege Joint Venture, in order to contract with a socio-economical set-aside and ensure FPM support under a short timeline.

2) Use of In-House Government Resources: Relying on organic military logistics units to establish a base camp was deemed impractical. The government does not have the readily available equipment and dedicated personnel to stand up a camp of this magnitude on the limited timeline.

c. Impact if Not Approved: Disapproval of this justification would have immediate and severe consequences. The government would need to terminate the task order for convenience, and a lapse in base life support services of at least two weeks or more would occur until a competitive task order could be awarded. This would directly result in the failure of the Federal Protection Mission. The 200 National Guard members currently on ground could not be sustained on-site without base life services, rendering them unable to perform their duties of protecting federal personnel and property from civil

5 JUNE 2025

disturbance. This failure to execute a mission directed by Presidential Proclamation constitutes a significant and unacceptable injury to the interests of the U.S. Government.

7. Actions to Increase Competition: Competition for the current requirement is not feasible. A requirement was confirmed on 30 September 2025 with a mandatory operational start date of 5 October 2025. This short notice was insufficient to conduct a competitive task order competition via WEXMAC 2.0 without causing mission failure. The barrier to competition is not a lack of qualified sources on the vehicle, but an unmovable and critical timeline.

To enhance the strategic management of the WEXMAC 2.0 vehicle, the contracting office will continue to coordinate with the NAVSUP Procuring Contracting Officer to explore establishing a readiness tier for vendors. Under this system, WEXMAC 2.0 holders could voluntarily be certified for a "Rapid Deployment" tier by demonstrating their ability to pre-position assets and mobilize within an accelerated timeframe (e.g., 72 hours) in specific geographic regions. For future urgent needs, the task order competition could then be limited to this pre-qualified tier of "quick reaction" vendors, dramatically speeding up the competitive process while still ensuring fair opportunity among the most capable sources.

These efforts were started following the Los Alamitos Task Order award, W9124J-25-F- A091, and are ongoing as a state of completion has not yet been reached.

8. Market Research: Market research for FPMs began in June 2025 (with the Los Alamitos critical need) to identify potential vendors for comprehensive base camp services. The research was meaningful and included a review of the WEXMAC 2.0 multiple-award contract vehicle, analysis of recent similar government procurements, web searches, consultation with industry experts, and a ROM to a pool of thirteen (13) WEXMAC vendors. Additionally, time was given to scrutinize lessons learned from the Los Alamitos LSA Task Order. Although market research was completed in anticipation of potential FPM requirements, FDO FSH was not aware of the Portland, Oregon FPM until 30 September 2025. With no requirement pending at that time, competitive procedures could not be utilized.

As required by FAR Part 8, market research confirmed that the required services were not available from mandatory sources such as Ability One, Federal Prison Industries, or existing Federal Supply Schedules. The research did identify a robust and diverse market consisting of 13 qualified small businesses. The results showed a strong small business footprint with significant participation from 8(a), Service-Disabled Veteran-Owned Small Business (SDVOSB), and Woman-Owned Small Business (WOSB) entities. However, due to the unusual and compelling urgency of the requirement, the sources were categorized based on their ability to meet the immediate mobilization timeline. This resulted in one source, Bodwe-KVG JV LLC, being deemed immediately viable because they were able to meet the timeline and respond with a reasonably priced offer. An additional 11 sources were identified as "potentially viable" for future competitive actions, while one vendor was excluded for reasons such as a lack of this requirement not being in their portfolio.

9. Other Facts:

web searches, consultation with industry experts, and a request for a (ROM) sent to a pool of thirteen WEXMAC vendors. Additionally, time was given to scrutinize lessons learned from the Los Alamitos LSA Task Order. Although market research was completed in anticipation of potential FPM requirements, FDO FSH was not aware of the Portland, Oregon FPM until 30 September 2025. With no requirement pending at that time, competitive procedures could not be utilized.

6 JUNE 2025

a. Procurement History: The procurement history for this specific mission requirement consists of a single, recent contract action.

Contract Action No. Contractor Contract Type

Procurement Method

Amount Period of Performance

W9124J-25-F-A091 Terrestris, LLC

FFP Exception to Fair Opportunity - FAR 16.505(b)(2)(i)(A)

$26.3 M 16AUG25-15DEC25

W9124J-25-F-A051 Terrestris, LLC

FFP Sole Source

FAR 6.302-2

$84.4 M 10JUN25-15AUG25

1) The only prior contract actions for similar requirements are W9124J-25-F-A051 and W9124J-25-F-A091, awarded to Terrestris, LLC, in the past year.

2) The previous actions were firm-fixed-price task orders awarded under WEXMAC 2.0, one using the exception to fair opportunity authorized by FAR 16.505(b)(2)(i)(A), which implements 10 U.S.C. § 3406(c)(1). This exception was justified because the agency’s urgent need for the services meant that the time required for a fair opportunity competition would have resulted in unacceptable delays. Also, one was awarded as a Sole Source under FAR 6.302-2.

3) There have been no prior contract actions in recent history for this requirement, nor similar actions, using full and open competition. Therefore, there are no changed circumstances to report.

4) The procurement history for Base Life Support services in support of FPMs reveals a pattern of consecutive, urgent buys. This pattern is not due to a lack of advance planning but is inherent to the nature of the mission, which is a reactive government response to emergent civil disturbances. These short-fused national security events have necessitated immediate, non-competitive contract actions to ensure mission success.

5) No protests have been received on any prior actions for this requirement, nor similar actions.

b. Other facts. The most critical fact supporting this justification is the combination of the immovable deadline and dire need to ensure mission capability and soldier welfare for an FPM by Presidential Proclamation. The proposed contractor, Bodwe-KVG JV LLC, has the means, experience, and overall ability to meet the needs of the warfighter at a reasonable cost.

10. 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.

The previous actions were a firm-fixed-price task orders awarded under

10. Technical Certification: I certify that the supporting data under my cognizance, knowledge and belief.

7 JUNE 2025

SFC Marquetta Taylor

OCS

11. Requirements Certification: I certify that the supporting data under my cognizance, knowledge and belief.

LTC Kevin Marshal ARNORTH G4 Representative

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. This determination will be based on a detailed price analysis conducted in accordance with FAR 15.404-1. The analysis will compare the contractor's proposal against both the Independent Government Estimate (IGE) of $3.2 million and the historical pricing data from recent, similar contracts (W9124J-25-F-A051, W9124J-25-F-A091. The analysis will also evaluate data other than certified cost or pricing data provided in the contractor’s proposal to ensure all aspects of the price are reasonable for the scope of work. In accordance with FAR 15.403-1, certified cost or pricing data will not be required. The exception at FAR 15.403-1(b)(3) applies because this acquisition is for a commercial service, comprised of services and items of a type sold in the commercial marketplace for disaster relief and large-scale event management.

MAJ Corey Griffin Contracting Officer

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

MAJ Corey Griffin Contracting Officer

TAYLOR.MARQUE

TTA.SHENICE.1287

051545

Digitally signed by

TAYLOR.MARQUETTA.SHENIC

E.1287051545 Date: 2025.10.30 11:32:32 -05'00'

MARSHALL.KEVIN.

HARTNETT.127174

Digitally signed by

MARSHALL.KEVIN.HARTNETT.

1271746900 Date: 2025.10.30 12:17:49 -05'00'

Digitally signed by

GRIFFIN.COREY.JERMAINE.11

12211426 Date: 2025.10.30 14:27:15 -05'00'

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GRIFFIN.COREY.JERMAINE.11

12211426 Date: 2025.10.30 14:27:37 -05'00' from the recent, similar contracts W9124J-25-F-A051 and W9124J-25-F-A091. The analysis will also evaluate data other than certified cost or pricing data provided in the contractor's

8 JUNE 2025

Approval

Based on the foregoing justification, I hereby approve the procurement of the Federal Protection Mission Base Life Support Services at Camp Withycombe, Oregon on an Exception to Fair Opportunity basis pursuant to the authority of 10 U.S.C. §3406(c)(1) as implemented by Federal Acquisition Regulation 16.505(b)(2)(i)(A) – The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays. The estimated value of the task order is $35.4M for a 240-day performance period consisting of a 2-month base period and six one-month option periods from 1 October 2025 to 28 May 2026. The approval is subject to availability of funds, and provided that the supplies and/or services herein described have otherwise been authorized for this acquisition.

WADE C. COLE

Senior Contracting Official U.S. Army Mission and Installation Contracting Command, JBSA Fort Sam Houston, TX

COLE.WADE.CLAY.

1136208639

Digitally signed by

COLE.WADE.CLAY.1136208639

Date: 2025.10.31 15:37:12 -05'00'