Justification FAR Part 6 - Mini TMC 7-Mth Extension Final_Redacted.pdf

Control No: 26-J-005

Justification Review Document for Other than Full and Open Competition – FAR Part 6

Program/Equipment: U.S. Army Garrison Rheinland-Pfalz (USAG-RP) Directorate of Public Works (DPW), Mini-Total Maintenance Contract (M-TMC), Rheinland-Pfalz, Germany

Authority: 10 U.S.C. 3204(a)(1) as implemented by Revolutionary FAR Overhaul (RFO) FAR 6.103-1 – Only one responsible source and no other supplies or services will satisfy agency requirements. Note: Citations to the FAR and DFARS herein reflect implementation of the RFO via various Department of War (DoW) Class Deviations at https://www.acq.osd.mil/dpap/dars/dfars_far_overhaul_class_deviations.html.

Amount: $16.4M

Prepared by:

Contracting Officer: Christopher Stephenson

Technical Representative:

Requirements Representative:

Reviews

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

Legal Counsel

Signature:

FAR Part 6 Justification and Approval for Other than Full and Open Competition

1. Requiring Activity: U.S. Army Garrison Rheinland-Pfalz (USAG-RP) Directorate of Public Works (DPW)

2. Contracting Activity: 409th Contracting Support Brigade (CSB), Theater Contracting Center (TCC) in Kaiserslautern, Germany, Unit 23163, APO AE 09227

3. Description of Action: USAG-RP requests approval to award an Indefinite-Delivery, Indefinite-Quantity (IDIQ) contract extension with Firm Fixed-Price (FFP) and Cost Reimbursable Contract Line Items (CLINs) under contract W564KV25D2001. The contract will provide facility maintenance and repairs services for the following installations within the current USAG-RP Area of Responsibility (AOR): Germersheim Army Depot (GAD), Army and Air Force Exchange Services (AAFES) Gruenstadt Depot, and Coleman Worksite. The ordering period of the current contract expires on 31 March 2026. A gap in performance of the services under this contract would prevent USAG-RP DPW from performing its mission to maintain US Army facilities to meet the life, health, and safety standards for military and civilian personnel assigned to the various locations throughout the USAG-RP AOR. The Government is requesting approval to negotiate a 7-month contract extension valued at $16.4M from 01 April 2026 to 31 October 2026. Note: FAR 52.217-8, Option to Extend Services, will not be included within the contract extension.

A 90-day phase-in period between contractors is essential to allow the new contractor sufficient time to recruit or transfer personnel, evaluate and stabilize the maintenance plan and program, and ensure a seamless transition before assuming full contractual responsibilities. During this period, the contractor must inspect all assets (e.g., equipment and systems) to assess their actual condition, ensuring they are not held accountable for pre-existing issues. Key activities during the phase-in include conducting an equipment inventory, reviewing maintenance history and manuals, verifying asset and maintenance inventories, and confirming the accuracy of the maintenance plan. Additionally, the contractor must develop a comprehensive preventive maintenance program, which includes defining maintenance intervals, identifying spare parts requirements, and establishing maintenance schedules.

Regarding installation access for contractor employees, the process typically requires 30 to 40 days, depending on factors such as the availability of a valid Good Conduct Certificate, a valid ID, and a complete and accurate application. However, in general, approximately 30 days should be anticipated for access to be granted to new personnel after receipt of all necessary, valid documentation.

The Government estimates a not to exceed (NTE) period of 7-months to allow time for the Court of Federal Claims (COFC) post-award bid protest (No. 26-175) to be resolved, terminate Stop Work Orders, and restart the remainder of the phase-in/phase-out period. Fiscal Year 2026

6. Reason for Authority Cited:

(1) BACKGROUND: The purpose of this bridge contract is to provide for the continuity of highly specialized services for facility maintenance and engineering services for USAG-RP.

On 30 December 2025 TCC awarded contract W564KV26DA001 to PAE Applied Technolgies, LLC (PAE( of Chantilly, Virginia with a phase-in start date of 1 January 2026 through 31 March 2026, and an operational PoP to include all options of 01 April 2026 to 30 September 2031. The Performance Work Statement for that effort absorbed the work planned for the USAG-RP installations of GAD, AAFES Gruenstadt Depot, and Coleman Worksite. On 02 February 2026, a post-award bid protest was filed with COFC. The COFC bid protest halted the transition from the incumbent contractor, Elektro-Krück, to the new contractor, PAE. A Government Voluntary Stay is in place for W564KV26DA001 until 04 August 2026 when COFC’s Decision is anticipated. The award of a bridge contract under this J&A is necessary to avoid unacceptable delays and provide continued facility and engineering services and ensure quality of life, health, and safety within US Army facilities after 01 April 2026.

The following is a detailed timeline of events since contract award (W564KV26DA001) and the subsequent COFC bid protest:

Action Date Details/ Actions Taken

Re-Compete Action Awarded

30 December 2025 Contract W564KV26DA001 is put into place with 90-day phase-in starting 01 January 2026

COFC Protest Filed 02 February 2026 Award Stay of Performance Initiated, all interested parties notified.

Stop Work Order Issued to

PAE

06 February 2026 PAE acknowledged Stop Work Order.

Cease of Phase-Out/Close- Out Procedures Issued to

Elektro-Krück

06 February 2026 Elektro-Krück acknowledged cessation notice.

COFC Scheduling Order Issued

10 February 2026 Oral Arguments scheduled for 14 July 2026 with a COFC Decision anticipated on or about 4 August 2026 (end of the government’s voluntary stay)

(2) ALTERNATIVES: As discussed below, awarding a sole-source contract extension to the incumbent contractor is the only viable alternative. The Army considered the following alternatives for accomplishing this requirement:

a. Award of non-competitive contract extension for the required services. The Army could negotiate a non-competitive contract to the current contractor, Elektro-Krück-GmbH (Elektro-Krück), performing the same services or similar services under

W564KV25D2001. Elektro-Krück has the resources in place and has established the professional expertise to perform the required services immediately. The 90-day phase-in period would not be required (See Figure 1 for timeline breakdown). Awarding a sole source contract action to Elektro-Krück, while the currently protested Total Maintenance Contract (TMC) is litigated, will allow for consistency and continuity in the services without a break in service. The contract requires access to the USAG-RP installations of GAD, AAFES Gruenstadt Depot, and Coleman Worksite as well as many Government systems. There is a significant amount of administrative work for changeover to a new support contractor including background checks, base passes, and issuance of CAC and ID cards which is presently forecast to take between 30 and 40 days. General Funds Enterprise Business System (GFEBS) access often takes months, and in some cases can take up to a year for Foreign Nationals should individuals not already have access. GFEBS access is critical to the contract performance. Any potential delays would cause significant challenges and would impact mission performance. Furthermore, maintenance management system requirements are extremely complex and require extensive planning, knowledge, and understanding of the current operation as well as future forecasted requirements that a new contractor would not be able to meet within the time frame necessary to mitigate a gap in service.

b. Use of an existing contract for the required services. The Army searched for, but did not identify, any existing contracts under which all M-TMC contract services could be acquired and performed by the required date. While the U.S. Air Forces in Europe do benefit from the Kaiserslautern Integrated Support Service (KISS) contracts which provides similar services as the M-TMC contract, the Army is not a business partner under the KISS contract and capacity is not built into that effort for utilization outside the Air Force.

There is one contract the Army does have delegated Ordering Officer authority under and that is the US Army Corps of Engineers Job Order Contract (JOC). This contract falls short of the support needs as ordering is limited to requirements under $350K. There are plans underway to place several orders against the JOC, but this service cannot fulfill the needs of the Garrison’s Department of Public Works.

c. Solicitation of a short-term contract under full and open competition. A competitive acquisition would be impractical to the Government given procurement lead time. Based on the estimated value of the contract, it would take approximately 9-months to award a short-term competitive contract. Following award, a 90-day phase-in period would be required (See Figure 1 for timeline breakdown). The current contract expires on 31 March 2026. This course of action would result in a significant break in service due to the time to complete the procurement process.

d. The use of Government resources. The use of Government resources to perform the required services is not an option as there are insufficient Government manpower and/or equipment resources in place to handle the services internally.

e. Award short-term contracts by functional areas. Awarding short-term contracts by functional areas to cover the performance period would require prospective contractors to recruit the required skill sets and secure the required tools, parts, materials, general and specialized equipment, electronic communication, reporting and transportation assets to fulfill the customer’s requirement. Even if contractors were interested in making such investments, this strategy would create additional costs that the short period of performance will not offset. This would also cause substantial administrative burden on the contracting office, DPW, and customers. Additional work would be required to ensure there is no overlap of functional areas. It is a strong possibility with multiple construction and service contractors working within the same footprint due to potential overlap, This would further increase the need for additional oversight and administration of multiple contractors at multiple sites. Furthermore, there is insufficient time remaining on the current contract for effective competition to be established prior to 31 March 2026.

f. Award under the Army Sustainment Command, Logistics Civil Augmentation Program (LOGCAP). LOGCAP supports scalable, ready, and responsible logistics and base support services by integrating contracted private sector capabilities to fulfill the operational commander’s requirements. The primary focus of LOGCAP is to provide services in contingency and bare-base operations where base operations support, construction and logistics are provided to combatant commanders. Operational commanders identify their requirements and request LOGCAP, as appropriate, to meet mission needs. Operational commanders determine the type, duration, and conditions for LOGCAP services during wartime and contingency operations. The services required under the M-TMC parallel and in many cases overlap with LOGCAP Support Services offered. In addition, Army Sustainment command advertises that to execute a change order for a new service requirement will usually take 90 to 120-days. First, the contractor must advertise the jobs.

It can take from 30 to 90 days just to fill the jobs. Once the jobs are filled, mobilizing the new employee will take several weeks. All of this will be required before the contractor is able to start the required performance which would include the 90-day phase in period (See Figure 1 for timeline breakdown). During the phase-in a significant amount of administrative work would need to occur, including getting background checks, base passes, and issuance of CAC and ID cards, granting GFEBS access (which could take up to a year should individuals not already have access), as well as maintenance management system requirements which are extremely complex and require extensive planning, knowledge, and understanding of the current operation as well as future forecasted requirements. The time frame outlined for full performance under LOGCAP optimistically may run from 180 to 210-days, which will not be acceptable for continued maintenance of Government facilities.

Figure 1, Transition Timeline for Key Tasks:

Task Description Timeframe Phase-in Time needed to purchase/ turnover or lease materials, equipment, and vehicles critical to the performance of the contract. These steps are critical for the orderly

90-Days turnover of facilities, equipment, and records and will ensure continuity of service, conducting an equipment inventory, reviewing maintenance history and manuals, verifying asset and maintenance inventories, and putting various required plans in place after approval.

Base Access Receiving Base Access Badges to enter Government Installations. This includes requirements such as the availability of a valid Good Conduct Certificate, a valid ID, and a complete and accurate application. Included in Phase-in period.

Minimum 30- Days after successful package submission

CAC Cards Acquire Government issued CAC Card required to use/access Government Networks. Included in Phase-in period but cannot be completed until Base Access is granted.

14 – 30-Days depending on appointment availability

Retaining Incumbent Personnel

Job offers from a new contractor must adhere to German Labor Laws and Work Council Agreements for proper offer notice and response timeframes.

Included in Phase-in period. Note: Incumbent might not release transitioning personnel until their contract expires. Transitioning personnel will also lose base access under the incumbent’s contract and have to be issued new access badges under the new contract.

30 – 60-Days depending on agreement with incumbent

Government Network Access

Establishment of user profiles in order to gain access to Government Networks and be issued proper equipment to do so. This cannot be completed with base access and possession of a Government issued CAC.

6-Week average

GFEBS Access System in which the Contractor shall maintain accurate and complete records of consumed work hours, material and trades (work centers) regardless of how a task is priced. Establishment of user profiles in order to gain access to GFEBS system. This cannot be completed with base access, possession of a Government issued CAC, Government Network Access, and completion of all required training.

30-Days up to 1- Year

(3) JUSTIFICATION: Elektro-Krück-GmbH is the only contractor that can perform this requirement while the Government continues to resolve the COFC protest and then restart the remainder of the phase-in/phase-out period. The current contract (W564KV25D2001) with Elektro-Krück expires on 31 March 2026. The contractor is performing satisfactorily and is the only responsible source capable of fulfilling the required services for the following reasons:

Award of another contract would be required immediately. There is not a feasible way to support a minimum phase-in period of 3-months and have a Contractor ready to perform on

01 April 2026. The phase-in period is required to complete a variety of critical post-award/ pre-performance tasks as discussed in the above paragraphs. Phase-in time is needed to purchase/ turnover or lease materials, equipment, and vehicles critical to the performance of the contract. These steps are critical for the orderly turnover of facilities, equipment, and records and will ensure continuity of service. Awarding a contract to anyone other than the incumbent within the remaining timeframe and expecting a successful transition cannot be accomplished.

A break in service would present unacceptable life, health, and safety risks for the Garrison.

A new contractor must be able to provide the full range of facility maintenance and repair services at GAD, AAFES Gruenstadt Depot, and Coleman Worksite in accordance with the current PWS, without disruption of service. The contractor must provide all necessary skilled and qualified labor, equipment, facilities, and supplies. The contractor must also provide acceptable management and oversight of all contractor and subcontractor personnel at all locations to ensure the services are being performed in accordance with the contract. The following describes a portion of the requirements covered by the M-TMC contract action, as well as the impact a lapse in service would cause:

Snow and Ice Removal: Failure to maintain road conditions to the standards stipulated in this contract would be a danger to life and property.

Maintenance of Fire Alarm Systems: M-TMC provides preventative maintenance and on-call repair of the fire suppression systems, sprinkler heads, and fire alarm systems.

Failure of this type of equipment would be a danger to life and property in the occurrence of a fire.

Cooling/Heating Systems: The Government requires maintenance of various cooling and heating systems across the USAG-RP AOR. Maintenance to facility heating/cooling systems are required without delay.

Maintenance of Storm Drainage Systems: Failure of the storm drainage system would result in flooding and a serious loss of property.

Only the incumbent, Elektro-Krück, is positioned with the immediate skilled and vetted personnel with installation passes, and the necessary equipment in place to perform the effort without a break in service, while the follow-on contract is fully competed and awarded. The incumbent, Elektro-Krück, has the immediate capability to provide the full range of facility maintenance services required to be performed in the USAG-RP AOR. They currently have contractor furnished equipment in place, such as motor vehicles, repair parts (electrical and mechanical), and Automated Data Processing Equipment to continue to support the requirements of the Garrison without disruption. Elektro-Krück is the only viable contractor able to ensure compliance with customer requirements as well as meet the current and on-going needs of the Government during the coming contract period.

7. EFFORTS TO OBTAIN COMPETITION: Based on the information provided in paragraph 6, competition for this action is not feasible within the required timeframe. Paragraph 8 of this document contains information related to competition efforts of the follow-on contract.

Due to the requirement for a 3-month phase-in period, coupled with the 30 to 40-day IACS processing time, it is not possible for the Government to seek competition for this intended contract period. Additionally, there is no acceptable level of break in service. The Government intends to negotiate a contract extension with the incumbent contractor in order to maintain the required services during the protest and transition phase following resolution of the protest. Due to the immense undertaking required to perform these services, a contract extension with the incumbent, Elektro-Krück, is the only viable solution to meet the Government’s needs.

8. ACTIONS TO INCREASE COMPETITION: No actions are being taken to increase competition as there is adequate competition for the re-procurement of solicitation W564KV20R2000. However, as discussed above, no other firms can begin the full range of facility maintenance and repair services by 01 April 2026, with the exception of the incumbent contractor.

9. MARKET RESEARCH: Extensive market research has been carried out over the past six (6) years. The market research revealed numerous sources interested in performing the full range of facility maintenance and repair services at USAG-RP.

a. Before the solicitation for the follow-on contract was issued on 10 March 2020, the Government conducted a two-day site visit and one day Industry Day. Interested offerors were given the opportunity to see conditions affecting the M-TMC contract and share information with the Government regarding the technical requirements in the Solicitation.

proposals were received in response to the Solicitation, which closed on 12 June 2020.

b. The Government received offerors during the last round of negotiations which demonstrates industry is capable of executing the requirements given sufficient time and resources. Negotiations concluded in June 2025.

c. Based on industry feedback to Requests for Information (RFI) posted in April 2022, April 2023, August 2024, and March 2026; industry is capable of executing the requirements given sufficient time and resources for proper transition to a new contract. The Government does not have the time needed to fully compete this contract requirement nor award the contract on a date that would allow a new contractor to hire personnel and obtain the resources/access needed to successfully start contract services. Except for the incumbent contractor, no other firm can provide seamless and continuous base maintenance operations in support of the USAG-RP AOR during the period requested.

10. INTERESTED SOURCES: In accordance with DFARS 206.103-170 and DFARS PGI 206.103-170(d), a request for information (RFI) was posted to SAM.gov on 16 March 2026 for 5 days and the Government received responses.

a. The following is an assessment of the abilities of to complete the contract requirements:

c. The ordering period of bridge contract W564KV16D0008 was extended through 30 November 2024 under modifications P00017, P00018, P00019, and P00022. The facts necessitating these modifications are supported under previously approved J&As (Control Numbers T-22-009, T-23-0005 and T-24-0028) and are related to the ongoing competition of the follow-on contract.

d. Previous Sole Source J&As T-22-001, T-22-009, T-23-005, T-24-0028 were issued as follows:

1. J&A T-22-001 was for a four-month contract extension to Elektro-Krück and was approved on 3 February 2022. Contract modification W564KV16D0008 P00017 was issued on 24 February 2022 and extended the contract from 1 March 2022 to 30 June 2022.

2. J&A T-22-009 was for an 11-month contract extension to Elektro-Krück-GmbH and was approved on 15 June 2022 and extended the contract via modification W564KV16D0008 P00018 from 1 July 2022 to 31 May 2023.

3. J&A T-23-005 was for an 18-month contract extension to Elektro-Krück-GmbH and was approved on 22 May 2023 and extended the contract via modifications W564KV16D0008 P00019 and P00022 from 1 June 2023 to 30 November 2024.

4. J&A T-24-0028 was for a 16-month new contract award to Elektro-Krück-GmbH and was approved on 03 October 2024. Contract W564KV25D2001 was awarded on 29 November 2024 with a PoP of 01 December 2024 to 31 March 2026.

The authority cited for all J&As was Other than full and open competition basis pursuant to the authority of 10 U.S.C. 2304(c)(1), as implemented by FAR 6.103- 1, Only one responsible source and no other supplies or services will satisfy agency requirements. No other firms were in a position to continue the full range of facility maintenance and repairs services, by the necessary date, other than the incumbent contractor.

12. 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.

13. 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.

14. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.

This determination will be made using cost and price analyses techniques in FAR 15.4 including a review of the DCAA audited rates; analysis of historical pricing; and pricing received in response to the protested re-procurement. Certified cost or pricing data will be required.

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

CHRISTOPHER STEPHENSON

Contracting Officer

Approval

I hereby approve the procurement of facilities maintenance, repair, and minor construction services on an other than full and open competition basis pursuant to the authority of 10 U.S.C 3204(a)(1), as implemented by FAR 6.103-1, Only one reasonable source and no other supplies or services will satisfy agency requirements. The estimated value of this contract extension is $16.4M for a 7-month ordering period from 01 April 2026 through 31 October 2026. The approval is subject to availability of funds, and provided that the services herein described have otherwise been authorized for this acquisition.