JEFO 24-055 - KBR Services - redacted.pdf

CUI/ISP-PROCURE

Control No: 24-055

Contractor: KBR Services, LLC Service: BLS Services at~

Est Dollar Value:-

JUSTIFICATION REVIEW DOCUMENT

FOR EXCEPTION TO FAIR OPPORTUNITY

Service: Logistics Civil Augmentation Program (LOGCAP) V continued Base Life Support (BLS) Services at Rhine Ordinance Barracks (ROB), Germany in support of the United States (U.S.) Department of State (DoS) Enduring Welcome (EW) and Onward Integration Operations for Afghan Special Immigrant Visa (SIV) applicants and their families.

Authority: Federal Acquisition Regulation (FAR) 16.505(b)(2)(i)(G)

Prepared by: Matthew D. Lawson Phone: (520)-692-9906 Contract Specialist Email: matthew.d.lawson16.civ@army.mil

Contracting Officer: Michael Allen Coon Phone: (520)-692-9822 Procuring Contracting Officer Email: michael.a.coon21.civ@army.mil

Technical:

Requirements:

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

Dir., LOGCAP Ops:

Legal Advisor:

Competition Advocate: Rachel M. Phelps Phone: (520)-693-0227

Signature: ~ * Olgilallysignedby u I PHEI.PS.RACHEL.M.12683198<> l'-\, s

Date: 2024,08.27 1&:10:17 -05'00'

Controlled by: ACC-RI CUI Category: PROCURE Limited Dissemination Control: FEDCON POC: M. Lawson, matthew.d.lawson16.civ@army.mil

Contractor: KBR Services, LLC Service: BLS Services at ROB, Germany

Est Dollar Value

Department of the Army Justification for Exception to Fair Opportunity

Under Multiple Award Indefinite Delivery Contracts

1. Contracting Activity: U.S. Army Contracting Command - Rock Island (ACC-RI), Rock Island Arsenal, Rock Island, IL 61299-8000.

2. Description of Action: The U.S. Department of State (DoS), through Army Sustainment Command (ASC) Logistics Civil Augmentation Program (LOGCAP) Program Management Office (PMO), requests a modification to extend the Period of Performance (PoP) of the cost-plus-fixed-fee task order (TO) W52P1 J-21-F-0472 with KBR Services, LLC (KBR) for the on-going Enduring Welcome (EW) mission at Rhine Ordinance Barracks (ROB), Germany. ACC-RI will execute this action against LOGCAP V Indefinite Delivery/Indefinite Quantity (IDIQ) multiple award contract W52P1 J-19-D-0044 and

The modification will obligate 1111 Emergency Refugee and Migration Assistance Funds and Embassy

Security Construction and Maintenance Funds. An acquisition plan is not required in accordance with (IAW) Defense Federal Acquisition Regulation Supplement 207.103(e) because this acquisition is included in the Senior Contracting Official (SCO) approved LOGCAP V program-level acquisition plan, dated 18 December 2017. The LOGCAP V acquisition plan approved the use of multiple award IDIQs with regionally aligned 'Setting the Theater' TOs to satisfy the guaranteed minimum. IAWthe LOGCAP Vacquisition plan, requirements approved under a Justification for Exception to Fair Opportunity (JEFO) are sourced to the regionally aligned contractor. KBR is the regionally aligned contractor for U.S. European Command (EU COM) TOs and, specifically, TO W52P1 J-21-F-0472 for the EW requirements. As such, KBR is best aligned to execute the mission.

KBR, under TO W52P1 J-21-F-0472, has provided LOGCAP EW support in the EUCOM Area of Responsibility (AOR) in support of Dos since it was first awarded in September 2021. That award was supported by JEFO 21-125, IAW FAR 16.505(b)(2)(i)(A), Urgency and supported locations throughout EU COM including ROB, Germany; Camp Bondsteel / Camp Liya, Kosovo; and Ramstein Air Base (RAM), Germany. The original JEFO ceiling was established a . Subsequently, mission circumstances required an immediat via Competition Advocate approved JEFO 22- 005 and three additional JEFOs were required and approved at various levels to extend the PoP, along with the corresponding ceiling increases, under JEFOs 22-022, 23-017, and 23-064.

JEFO 22-022, awarded IAW 16.505(b)(2)(i)(A), Urgency, was approved by the SCO to and extend the PoP at Camp Liya, Kosovo through 30 September 2022, with two, two-month options to extend. The operations that had previously been required at ROB and RAM, Germany had already been de-scoped from the mission set at time of JEFO 22-022 approval.

Contractor: KBR Services, LLC Service: BLS Services at ROB, Germany

Est Dollar Value:

JEFO 23-017, awarded IAW 16.505(b)(2)(i)(G), was approved by the Competition Advocate to and extend the PoP at Camp Liya, Kosovo through 29 September 2023, with two, two month options to extend. It was also communicated via JEFO 23-017 that services would continue to be de-scoped until services were fully removed from contract since it was anticipated that LOGCAP support for the Operation Enduring Welcome mission within EUCOM would no longer be required.

JEFO 23-064, awarded IAW 16.505(b)(2)(i)(A), Urgency, was approved by the Senior Procurement Executive to re-establish support at ROB, Germany for a total of 12-months with the PoP broken out as PoP 1 (staging and initial setup/mobilization) from 12 September 2023 through 28 September 2023 and PoP 2 (continuation of setup to Initial Operating Capability and Full Operating Capability) from

The action was estimated at . However, due to prior definitizations, excess JEFO ceiling value was available to support a part of the needed increase. Therefore, JEFO 23-064 requested a TO ceiling increase to a max value of

This award was the result of the Deputy Secretary of Defense authorizing the Commander of EUCOM to provide humanitarian assistance at ROB, Germany in support of EW. This directive was aimed at aiding up to 2,000 Afghan Special Immigrant Visa (SIV) principal applicants, their accompanying family members, and other individuals at risk due to the situation in Afghanistan (collectively referred to as "Afghan guests"). The assistance was to be provided following the arrival of the first Afghan guest or until the support to the DoS was no longer required, whichever came first, but

Due to delays in negotiations between the German Ministry of Foreign Affairs and the U.S.

DoS, mobilization phase for the Coordinator for Afghan Relocation Effort's ROB Platform did not begin until 28 September 2023 with the first flight arriving on 02 December 2023.

On 25 June 2024, the Executive Secretary (EXECS EC) of the Dos requested additional Department of Defense (DoD) support by extending the ROB, Germany EW requirements and transitioning them from DoD-funded services to Dos-reimbursed services. The DoS request is to allow for a full year of mission-focused service, which began with the first flight arrival on

3. Description of Services: LOGCAP is currently providing services outside the Continental U.S. in support of EW at ROB in Germany. LOGCAP was established to provide critical Base Life Support (BLS) and augment the force by providing a full spectrum

Contractor: KBR Services, LLC Service: BLS Services at ROB, Germany

Est Dollar Value:

of services to Combatant Commanders and Army Service Component Commanders worldwide such as but not limited to:

• Management and Planning

• Program Management Office

• Project Planning

• Engineering

• Utilities

• Power Generation Equipment Engineering

• Water Distribution System Engineering

• Plumbing Engineering

• Site Preparation

• Drainage Systems

• Vertical Construction

• Life Support Areas and Billeting

• Administrative Facilities

• Food Service Facilities

• Morale, Welfare, and Recreation (MWR) Facilities

• Laundry Facilities

• Chapel Facilities

• Shower Facilities

• Technical Inspections

• Shelter and Billeting

• Environmental Control

• Power/Electricity

• Source and Produce Bulk Water

• Full-Service Laundry

• Custodial Services

• Pest Services

• Waste Management Services

• MWR Communication Centers

• Community Centers

• Fire Protection Services

• Supply Support Activity Operations, Tactical (Point of Service or Installation)

• Preventive Maintenance Services

• Facility Maintenance

• Transportation Services

• Motor Transport

• Medical Services

• Security Services

Contractor: KBR Services, LLC Service: BLS Services at ROB, Germany

Est Dollar Value:

Since the initial award for LOGCAP support of EW, the configuration of requirements and required support services have matured and services were previously fully descoped at RAM, Germany in October 2021 ; ROB, Germany in November 2021; and Camp Bondsteel (Camp Liya), Kosovo in September 2023.

As stated above, the PoP for this action

LOGCAP V has ceiling rates, which were proposed and evaluated when the IDIQ was competitively awarded and when TO W52P1J-21 -F-0472 for the Operation Allies Refuge (OAR) mission was executed in 2021 . ACC-RI evaluated KBR's proposal, specifically the labor rates, and the contracting officer determined that the proposed rates were fair and reasonable.

As shown in the following table, ASC derived the estimate o utilizing the Independent Government Estimate for the PoP extension. The PoP extension will increase the current TO max value ceiling from

PROCUREMENT SENSITIVE

EUCOM: TDP-KBR-23-0472-GER004-4259 - ROB EW v10

Cost Estimate

Cost Element Remediation Total

Labor Materials E ui ment Subcontract Labor Subcontracts Other Direct Cost

Direct Cost Subtotal Overhead G&A

FCCM

Subtotal All Costs

Fixed Fee Grand Total Price

Note: Totals do not exactly add up correctly due to rounding

4. Authority Cited: FAR 16.505(b)(2)(i)(G), for DoD, NASA, and Coast Guard, the order satisfies one of the exceptions permitting the use of other than full and open competition listed in FAR 6.302 (10 United States Code (U.S.C.) 3406(c)(5)), specifically, 10 U.S.C.

3204(a)(1 )), as implemented by FAR 6.302-1 . IAW FAR 6.302-1 (a)(2)(iii)(B}, for DoD, NASA, and the Coast Guard, services may be deemed to be available only from the original source in the case of follow-on contracts for the continued provision of highly

Contractor: KBR Services, LLC Service: BLS Services at ROB, Germany

Est Dollar Value:

specialized services when it is likely that award to any other source would result in unacceptable delays in fulfilling the agency's requirement.

5. Reason for Authority Cited: On 14 April 2021, the President declared that U.S. troops would be removed from Afghanistan by 11 September 2021. Following that declaration, the increased threat from the Taliban forces led the President to direct the launch of OAR to support the relocation of interested and eligible Afghan nationals and their immediate families who supported the U.S. Government (USG) and applied for a SIV, as well as other at-risk Afghan civilians. OAR has transitioned naming conventions numerous times to now be recognized as EW.

As detailed in paragraph 2, the Deputy Secretary of Defense authorized the Commander of EUCOM to support EW and the DoS's request to provide humanitarian assistance at ROB, Germany. Said authorization was to support a site max capacity of 2,000 Afghan guests, for up to 12 months after arrival, or for when the support to DoS is no longer required, whichever occurred first. On 25 June 2024, DoS requested that DoD extend the life support services at ROB, Germany, beyond , (the end date specified in Do D's 01 August 2023, response to State's 26 June 2023 EXECSEC request).

On 18 July 2024, the EUCOM Commander authorized the DoS extension request and the terms and conditions between the two agencies were fully signed on 26 July 2024. The -extension request will be on a reimbursable basis until the last Afghan guest departs the site. The last inbound flight from Afghanistan is estimated to arrive

Demobilization and remediation efforts include the removal of all equipment, machinery, and manpower from the site after the completion of the services and restoring the site back to its original state. This process is planned to commence non severable services and is IAWthe timelines established in the Land Use Permit and Joint Declaration of Intent.

As the current performance contractor, KBR is the only contractor capable of performing the BLS services in support of EWat ROB, Germany without a lapse in services. KBR has the employees already in country, the business licenses and agreements in place with the host nation Government, and an understanding of the tax and business structures for operating in Germany.

While - LOGCAP V contract holders can perform the required services, due to the rapid development and short notice of the required DoS extension, the U.S. Army has no time to conduct a TO competition for this requirement under LOGCAP V using fair opportunity procedures as ACC-RI estimates

Contractor: KBR Services, LLC Service: BLS Services at ROB, Germany

Est Dollar Value:

6. Market Research: During July to August 2023, market research was conducted by U.S.

Army Europe and Africa by assessing multiple possible solutions to the urgent requirement.

In August 2024, ACC-RI contacted the ASC LOGCAP PMO and the 409th Contract Support Brigade (CSB) to ensure that the previous market research was still valid and there had not been any new capabilities in theater that could potentially meet the

As stated in paragraph 2 above, KBR is the LOGCAP V EUCOM regional contractor and is uniquely situated to perform these requirements. Not only does it already conduct the LOGCAP operations in the EUCOM region, but it is also the current performance contractor at ROB, Germany. Although

Therefore, KBR's continued LOGCAP V support of the EW mission at ROB, Germany is in the best interest of the USG.

Contractor: KBR Services, LLC Service: BLS Services at ROB, Germany

Est Dollar Value:

7. Actions to Increase Competition: ACC-RI will conduct TO competitions for new, emerging requirements under LOGCAP V using fair opportunity procedures when conditions permit.

8. Other Facts:

Procurement History:

Contract: W52P1 J-19-D-0044: TO W52P1 J-21-F-0472, EW- EU COM Contractor: KBR Award Date: 22 September 2023 Competitive Status: Sole Source, JEFO 23-064 Authority: FAR 16.505(b)(2)(i)(A) Modifications: P00017-P00022

Contract: W52P1 J-19-D-0044: TO W52P1 J-21-F-0472, EW- EU COM Contractor: KBR Award Date: 21 February 2023 Competitive Status: Sole Source, JEFO 23-017 Authority: FAR 16.505(b)(2)(i)(G) Modifications: P00015-P000016

Contract: W52P1 J-19-D-0044: TO W52P1 J-21-F-0472, EW- EU COM Contractor: KBR Award Date: 17 February 2022 Competitive Status: Sole Source, JEFO 22-022 Authority: FAR 16.505(b)(2)(i)(A) Modifications: P00009-P000014

Contract: W52P1 J-19-D-0044: TO W52P1 J-21-F-0472, EW- EU COM Contractor: KBR Award Date: 28 November 2021 Competitive Status: Sole Source, JEFO 22-005 Authority: FAR 16.505(b)(2)(i)(A) Modifications: P00004-P00008

Contract: W52P1 J-19-D-0044: TO W52P1 J-21-F-0472, EW- EU COM Contractor: KBR Award Date: 03 September 2021 Competitive Status: Sole Source, JEFO 21-125 Authority: FAR 16.505(b)(2)(i)(A) Modifications: P00001-P00003

Contractor: KBR Services, LLC Service: BLS Services at~

Est Dollar Value:-

9. 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.

10. 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.

11. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the USG for this contract action will be fair and reasonable based on cost analysis and audit in accordance with FAR 15.404-1. Certified cost or pricing data will be required.

Date: 8/22/24 COON MICHAEL A Digltallyslgnedby

• • COON.MICHAEL.ALLEN.154988

LLEN. 1549884373 t!~!: 2024.0822 o7:54:3s-05•00·

Michael Allen Coon Contracting Officer

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

8/22/24 Date: ---------

COON MICHAEL A Oigitallysignedby

• • COON.MICHAEL.ALLEN.154988

LLEN. 1549884373 t!~!: 2024.os.22 o7:5so5 -os-oo·

Michael Allen Coon Contracting Officer

Contractor: KBR Services, LLC Service: BLS Services at ROB, Germany

Est Dollar Value:

Approval

Based on the foregoing justification, I hereby approve an increase in ceiling and a PoP extension of the LOGCAP V cost-plus-fixed-fee TO W52P1 J-21-F-0472 with KBR Services, LLC for BLS services supporting EW at ROB, Germany, using an exception to fair opportunity pursuant to the authority of FAR 16.505(b)(2)(i)(G), subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for this acquisition.