POST_JA_All_Terrain_Berms_1.pdf

UNUSUAL AND COMPELLING URGENCY

JUSTIFICATION AND APPROVAL

PR# M29100-15-SU-00011

Control No. M67400-FY15-SSBN-32

Upon the basis of the following justification, I, as Chief of the Regional Contracting Office, hereby approve use of other than full and open competition for the proposed contractual action pursuant to the authority of 10 U.S.C. 2304(c)(2) and the Multiple Award Schedule Program.

JUSTIFICATION

(1) AGENCY AND CONTRACTING ACTIVITY: This requirement is for 9th Engineer Support Battalion (ESB), 3D Marine Logistics Group (MLG) and the contracting activity is the MCIPAC Regional Contracting Office, Okinawa, Japan.

(2) NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED: 9th Engineer Support Battalion requires a quantity of (4) 50,000 gallon All Terrain Berms from Basic Concepts, Inc in order to provide secondary containment of hazardous materials while conducting bulk petroleum operations in support of KMEP 15-9.

Secondary containment of hazardous materials is mandatory while conducting bulk petroleum operations, whether utilizing petroleum or petroleum simulant. There are two methods for providing secondary containment. The first is the construction of earthen berms, which for the conduct of KMEP 15-9, is not authorized in the training areas in the Republic of Korea that will be utilized. The second method is through the use of these All Terrain Berms.

Approval is requested procure these items with a required delivery date of 1 June 2015.

The estimated cost for these items $XXXXX.

(3) SUPPLIES OR SERVICES REQUIRED TO MEET THE AGENCY NEEDS

(INCLUDING ESTIMATED VALUE)

Description Qty Unit Price Total 50K All Terrain Berm 4 $XXXXX $XXXXX

Shipping /Storage Crate for Liner and Ground Tarp 4 $XXXXX $XXXXX

Shipping /Storage Crate for A-Frame Supports 4 $XXXXX $XXXXX

Door to Door Shipping to Camp Mujuk, Republic of Korea 1 $XXXXX $XXXXX

Grand Total $XXXXX

This is a onetime purchase. The total estimated dollar value for this Contract action is approximately $XXXXX. FY15, O&M funds, MC will be used for this contract.

(4) STATUTORY AUTHORITY: This request is submitted pursuant to the authority of Title 10 U.S.C. 2304(c)(2), which provides that full and open competition need not be obtained when “the agency’s need for the property or services is of such an unusual and compelling urgency that the United States would be seriously injured unless the agency

- 2 -is permitted to limit the number of sources from which it solicits bids or proposals”. (FAR 6.302-2).

(5) THE IDENTIFIED REQUIREMENT REQUIRES USE OF THE AUTHORITY

CITED ABOVE: The requirement for these items was identified on 15 November 2014 when it was identified that that during the conduct of KMEP 15-9, 9th ESB would not be able to utilize training areas that would allow for the construction of earth berms to provide secondary containment. It was further identified that the capability these items would provide would allow for the rapid embarkation and establishment of an expeditionary bulk fuel site in support of humanitarian aid/disaster relief operations when local infrastructure could not support fuel requirement. This requirement was submitted to 3D MLG on 17 Nov 2014 as an unfunded deficiency that required additional funds.

These funds were authorized and these items were ordered via GCSS-MC on or about 20 Nov 2014. The order was erroneously cancelled on or about 30 Mar 2015 and was subsequently reordered on 1 Apr 2015 with a priority of 02. On 1 Apr 2015 this requirement was passed to the Defense Logistics Agency (DLA) and on 3 Apr 2015 this requirement was back ordered by DLA with an estimated shipping date (ESD) of 14 Sep 2015. With 4 – 5 Apr 2015 being a weekend, the back order was identified by 9th ESB personnel on 6 Apr 2015, who challenged the ESD and requested a better ESD in GCSS-MC, DLA subsequently changed the ESD to 16 Sep 2015. Also on 6 Apr 2015 DLA Customer Service was emailed to formally request assistance in expediting this requisition. DLA Customer Service responded on 11 Apr 2015, a Saturday, with the attached email stating that "Lateral support is negative". If these items are not received in time to conduct this exercise it would severely impact the ability of Bulk Fuel Company to conduct its mission during KMEP 15-9. Complying with full and open competition requriements would prevent 9th ESB from receiving the required item in time to support the exercise. For this reason, MCIPAC RCO will solicit for three days and will not post the additional 30 days required by DFARS 205.203 if only one offer is received.

Possible impacts if this requirement is not by the required delivery date filled include:

a) Risk to damage, beyond repair, any Bulk Fuel equipment utilized without secondary equipment, due to risk of fuel bladders rolling.

b) Risk of injury to personnel in the vicinity of equipment that does roll.

c) Degraded ability to conduct combined petroleum operations with the Republic of

Korea Marine Corps by reducing the size of the bulk petroleum capability that can be established and demonstrated.

d) Degraded training value of the Main Effort, from a Company level to a Platoon (-), reducing the level of training and readiness standards that can be trained to, for an exercise that is budgeted for approximately $1.3M.

(6) DETERMINATION OF FAIR AND REASONABLE PRICE: The Contracting Officer will determine that the price of this acquisition is fair and reasonable in accordance with FAR 13.106-2 and to the extent deemed necessary by the Contracting Office, using price analysis techniques in the FAR 13.106-2.

(7) MARKET SURVEY: This effort will be synopsized in FedBizOps in accordance with the requirements for FAR 5.2. The Contracting Office shall evaluate all responses received to determine if any other company can provide the required supplies. Market research in accordance with FAR Part 10 has been conducted and there are no vendors that can supply similar supplies.

(8) OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN

COMPETITION: These items are required by 1 June 2015 and there is not sufficient

- 3 -time to post this requirement for full and open competition, award and ship the items in order to support the mission.

The need to purchase these items without full and open competition is not the result of a failure to plan in advance. The requiring unit attempted to purchase the items through normal acquisition channels in a timely manner; however unanticipated failures in the acquisition system have resulted in unacceptable delays which threaten mission accomplishment.

(9) ACTIONS, IF ANY, THAT ARE BEING TAKEN TO REMOVE AND OVERCOME

ANY BARRIERS TO COMPETITION BEFORE ANY SUBSEQUENT ACQUISITIONS

FOR THE SUPPLIES OR SERVICES REQUIRED: This is a one-time purchase and all subsequent acquisitions for these items will be a competitive procurement.

APPROVAL

The above justification for other than full and open competition is hereby approved.

LtCol Steven J. Schmid Date Chief of the Contracting Office