A3_M9332817SULM108_HUBZone_Sole_Source_J&A.pdf

UNITED STATES MARINE CORPS

Regional Contracting Office – MCIWEST

Building 22180

P.O. Box 555027

Camp Pendleton, CA 92055

January 26, 2017

Control Number: 17-003

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

Upon the basis of the following justification, I, as the Contracting Officer for the procuring activity, hereby approve use of other than full and open competition for the proposed contractual acquisition described pursuant to the authority of 15 U.S.C. 657a as implemented by FAR 6.302-

5(a)(2)(i)/(b)(5) and FAR 19.1306. The procedures in FAR subpart 13.5 were used in accordance with 41 U.S.C. 1901 for this requirement.

1. Identification of Agency and Contracting Activity

Regional Contracting Office (RCO)

Marine Corps Installations West (MCIWEST)

Marine Corps Base (MCB)

Camp Pendleton, CA 92055

2. Description of the Action Being Approved

Firm Fixed-Priced (FFP) Indefinite Delivery/Indefinite Quantity (IDIQ) contract with EBS

Supply, Inc. for providing personal protective equipment (PPE) and shop towel leasing and laundering services in support of Southwest Regional Fleet Transportation (SWRFT) and other

Marine Corps Installations – West (MCIWEST) customers, as needed.

3. Description of Supplies/Services

The Government seeks PPE and shop towel leasing and laundering services from EBS Supply, Inc. to support Marine Corps personnel during hazardous material and hazardous waste handling, for a base period of one year with four 1-year option periods. Services include the leasing of shop towels, coveralls, shirts, pants, cold weather jackets, and other pieces of personal protective equipment, as well as laundering and maintenance. The estimated value over five years is $2.1 million. This work will require:

- Leasing personal protective equipment, to include coveralls, shirts, pants, cold weather jackets, fire-resistant coveralls, and other pieces of personal protective equipment.

- Leasing of shop towels for use with hazardous material disposal/clean-up responsibilities.

- Weekly laundering of PPE and shop towels, to include replacing/repairing lost or damaged items.

4. Statutory Authority Permitting Other Than Full and Open Competition

15 U.S.C. 657a, HUBZone Program, as implemented by FAR 6.302-5(a)(2)(i)/(b)(5) and FAR

19.1306, authorizes HUBZone Sole Source awards under the described conditions.

5. Rationale Justifying Use of Cited Statutory Authority

a. The previous contract was an 8(a) Business Development Program set-aside. There are currently no contractors enrolled in the 8(a) Business Development Program eligible for award of this contract. Therefore, the current requirement has received approval from the Small

Business Administration (SBA) for removal from the 8(a) Program, with the stipulation that the follow-on contract be procured as a HUBZone set-aside. In the course of market research, to include a sources sought notice posted to the Government Point of Entry (GPE), only one

HUBZone business was identified that could support the requirement, EBS Supply, Inc.

b. 15 U.S.C. 657a and FAR 19.1306 list the conditions that must exist prior to awarding a

HUBZone sole source contract.

- None of the exclusions at FAR 19.1304 apply.

- The contracting officer does not have a reasonable expectation that offers would be received from two or more HUBZone small business concerns.

- The anticipated price of the contract, inclusive of all options, will not exceed $4 million.

- The requirement has been released from the 8(a) Business Development Program.

- The acquisition is greater than the simplified acquisition threshold.

- The potential awardee (EBS Supply, Inc.) has been determined to be a responsible contractor with respect to performance; and

- The award can be made at a fair and reasonable price.

The proposed HUBZone sole source contract to EBS Supply, Inc. meets the standards required for a HUBZone sole source award as described in the previous references.

6. Description of Efforts Made to Solicit Potential Sources

Past efforts to identify other sources for this contract have revealed a limited amount of small business vendors willing and capable of providing the required services at the scope necessary for this requirement. For the current requirement, a sources sought notice was posted to the GPE and only two responses were received (one small business and one HUBZone small business

(EBS Supply, Inc.)). Additional research into the industry base and other potential sources of supply was conducted, but no evidence was found that another HUBZone small business was interested and capable of providing the required services. In the request to remove the requirement from the 8(a) Business Development Program, the SBA was unable to find another

8(a) contractor, and as such allowed for the removal of the requirement from the 8(a) Program.

Given the evidence currently available, the requirement will be awarded as a HUBZone sole source award to EBS Supply, Inc.

7. Determination of Fair and Reasonable Cost

A determination will be made by the Contracting Office that the anticipated price to the

Government is fair and reasonable based on a comparison to the Independent Government Cost

Estimate and historical pricing.

8. Actions to Remove Barriers to Future Competition

For future recurrences of this requirement, if no socio-economic sub-categories or small businesses are found, the requirement may be solicited on an unrestricted basis. Given the stipulations set during the removal of this requirement from the 8(a) Business Development

Program, an unrestricted competition is not currently an option, but may become one in the future.

CERTIFICATIONS AND APPROVAL

TECHNICAL AND REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance which are included in this

Justification and its supporting acquisition planning documents, except as noted herein are complete and accurate to the best of my knowledge and belief.

_____________________ ____________ Date: 1 March 2017_____

Carol Jenkins, Supervisory Supply Specialist, SWRFT

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

_____________________ _____________ Date: _________________

Associate Counsel, Western Area Counsel Office

CONTRACTING OFFICER CERTIFICATION

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

_____________________ ____________ Date: _________________

P. Langdon, Regional Contracting Office, MCIWEST

ADVOCATE OF COMPETITION APPROVAL

Upon the basis of the above justification, I hereby approve, as Senior Procurement

Executive of the Navy, the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 2304(c)(x).

_________________________ _______ Date: ________________

MAJ Tera D. Denial, Director, Regional Contracting Office, MCIWEST john.torresala Typewritten Text 1 March 2017 john.torresala Typewritten Text John Torresala patricia.langdon Typewritten Text 1 March 2017 tera.denial Typewritten Text tera.denial Typewritten Text tera.denial Typewritten Text

6 MAR 2017

tera.denial Typewritten Text tera.denial Typewritten Text Command Competition Advocate, MCIWEST