MARB BOS JA for FY2024 v2.10 (redacted) -- 20250104.pdf

Justification and Approval (J&A) for Other Than Full and Open Competition

CONTROLLED UNCLASSIFIED INFORMATION

August 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 5 of 9August 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 5 of 9 has demonstrated financial stability and has resources in place at MARB. can provide all supervision, management, personnel, equipment/tools, and materials/supplies necessary to perform all PWS mission-essential functions. These consist of Materiel Management, Ground Transportation and Vehicle Management, Traffic Management Operations, Real Property Maintenance, and Fuels Management. These resources are capable of seamlessly continuing to provide the vital mission-essential functions the MARB mission requires.

V. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under

FAR 5.202 applies.

In August 2019, the competitively awarded BOS contractor declined its first 12-month option period, which was due to begin on 1 November 2019, due to multiple unsettled Requests for Equitable Adjustments (REAs).

These REAs did not represent the original requirement and therefore they were not paid. As a result, the Government did not exercise the first 12-month option period and decided to allow the contract to expire. Consequently, the Government had an unanticipated Unusual and Compelling Urgency need under FAR Subsection 6.302-2 to avoid a break-in-service of mission essential services. IAW FAR 6.302-2, HQ Air Force Reserve Command (AFRC)/PK extended MARB BOS services with for two

(2) additional months. This allowed HQ AFRC/PK to conduct a limited competition with existing AFRC BOS contractors for a twelve (12) month emergency bridge contract to begin in the new year. The 12-month emergency bridge contract was anticipated to allow time to research, plan, solicit, evaluate, and award a full competition follow-on 5-year BOS procurement. The criteria used to select the limited competition vendors included each contractor's extensive technical capabilities and experience associated with other AFRC BOS contracts. This was demonstrated through previously awarded AFRC BOS source selections.

was awarded the limited competition emergency bridge contract (FA466420C0008) with a period of performance of 1 January 2020 to 31 December 2020.

The COVID-19 pandemic started a couple months after the emergency bridge contract period of performance started. By the end of October 2020, due to COVID-19 travel restrictions and uncertainties with the duration of the pandemic itself, it was not feasible to schedule a required pre-solicitation conference and site visit for the follow-on 5-year competitive procurement. Based on the emergency bridge contract period of performance end date of 31 December 2020, HQ AFRC/PK determined that a competitive procurement could not be completed in time to allow for contract award by 31 December 2020 and a period of performance start date of by 1 January 2021. In the absence of viable alternatives, a sole source six (6) month bridge extension with a period of performance from 1 January 2021 to 30 June 2021 (Option I), and a six (6) month option (Option II) with a period of performance from 1 July 2021 to 31 December 2021, was awarded to the This sole source contract was determined to be the best option to provide mission-essential services between the expiration of the current bridge contract and the award of the full competition follow-on contract.

In October 2020, HQ AFRC completed the Market Research for the MARB BOS full competition follow-on contract. The follow-on contact anticipated award date was in calendar year 2021.

In April 2021, after HQ AFRC/PK released the MARB solicitation, MARB conducted a pre-solicitation conference and site visit.

On 25 June 2021, a potential offeror on the Westover Air Reserve Base, MA, BOS RFP FA6606-21-R-0001 filed a pre-award protest with the Government Accountability Office (GAO) challenging the terms of the Westover BOS solicitation, which differed from the terms of the current Westover BOS contract, to include the category of services (was non-commercial/now commercial);

and type of contract (was FFP with CPFF/now FFP only). The protest focused on the impact of these changes related specifically to corrective maintenance CLINs. The Air Force decided to take corrective action consisting of revising the minimum requirements and making any other corrective action deemed necessary.

On 20 July 2021, GAO dismissed the Westover BOS protest stating the Air Force has committed itself to revising the solicitation and to provide offerors with the opportunity to respond to the revised solicitation. The Air Force deemed it in everyone's interest (Air Force and offerors) to cancel the Westover RFP, modify/extend the existing Westover BOS contract, and release a new Westover BOS RFP. The Westover GAO protest and the resulting corrective action was very relevant to the March ARB BOS RFP because the solicitation structure (Commercial, Lowest Price Technically Acceptable (LPTA), Firm Fixed Price (FFP), PWS) of the Westover BOS was the same structure used for the MARB BOS solicitation and the BOS solicitations at Niagara ARS and Homestead ARB.

In the Fall of 2021, HQ AFRC/PK cancelled the Westover ARB, March ARB, Niagara ARS, and the Homestead ARB solicitations to review, revise, and clarify the solicitations. HQ AFRC/PK estimated that twelve (12) months was needed to take the corrective actions it deemed necessary to address the issues raised in the Westover ARB BOS protest and to conduct a a new MARB BOS full competition procurement, award a new contract, and allow for turnover from the incumbent contractor to the new contractor.

The Westover BOS protest and the Air Force's decision to take corrective action created the need for another MARB BOS sole source contract.

Justification and Approval (J&A) for Other Than Full and Open Competition

CONTROLLED UNCLASSIFIED INFORMATION

August 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 6 of 9August 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 6 of 9

By the end of September 2021, both bridge extension option periods (Option I, period of performance from 1 January 2021 to 30 June 2021, and Option II, period of performance from 1 July 2021 to 31 December 2021) had been exercised and executed by

With insufficient time to execute and award a full competitive procurement it was determined that another sole source six (6) month bridge extension (Option III) with a six (6) month option (Option IV) contract was necessary to prevent a gap in mission-essential services and to address the Westover protest issues affecting the MARB BOS follow-on contract.

Options III and IV were awarded to the , with a period of performance of 1 January 2022 to 30 June 2022, and 1 July 2022 to 31 December 2022, respectively.

In February 2022, the HQ AFRC Director of Staff approved the transfer of all BOS contracting responsibilities from HQ AFRC/PK to each AFR base contracting office. This transfer of responsibilities required converting the Administrative Contracting Officers (COs) positions to Procuring COs and holding unlimited warrant boards.

In March 2022, the MARB BOS CO started new Market Research and Analysis of the current set-aside strategy and explored other avenues of procurement at the direction of the interim HCA/SCO. The MARB BOS CO completed this process in November 2022.

In August 2022, the new permanent HCA/SCO to all of the AFR base contracting offices the new procurement strategy moving forward. MARB incorporated the HCA/SCO's recommendations and made changes to its acquisition strategy.

By the end of October 2022, both bridge extension option periods (Option III, period of performance from 1 January 2022 to 30 June 2022, and Option IV, period of performance from 1 July 2022 to 31 December 2022) had been exercised and executed by

. By this time, MARB had completed a market survey and had started to draft the new Acquisition Plan and Acquisition Strategy briefing for the follow-on BOS procurement. However, during this same time period the MARB BOS CO become the temporary Lead CO on thirty-five (35) unrelated BOS service and commodity contract actions. This involved numerous requirement package reviews and rewrites due to the loss of both Lead CO's for the MARB Contracting Flight. Due to the timing of this unforeseen additional workload, the MARB BOS CO determined that another bridge extension contract was necessary. The MARB BOS CO had the option of either pursuing a limited competition for a new BOS bridge extension contract that would take approximately 30-90 days to award or award another sole source six (6) month bridge extension with a six (6) month option to the .

By the end of October 2022, due to time limitations, the limited competition option was not pursued. Another sole source six (6) month bridge extension (Option V, period of performance from 1 January 2023 to 30 June 2023) and a six (6) month option (Option VI, period of performance from 1 July 2023 to 31 December 2023) contract was awarded to the

. This extension was needed to allow for additional time to complete the remaining pre-solicitation, solicitation, pre-award, and award phases of the new follow-on BOS procurement. However, due to the MARB Contracting Flight's worsening staff shortage, and lack of Lead COs during calendar year 2023, the MARB BOS CO was again engaged with more than seventy-four (74) unrelated BOS MARB service and commodity contract actions (new requirements, option exercises, and administrative mods). This included requirements for the 2023 Southern California Airshow contracts, Aircraft Wash & Corrosion contract, and Transient Alert 2 contract.

By the end of October 2023, both bridge extension option periods (Options V, period of performance from 1 January 2023 to 30 June 2023, and Option VI, period of performance from 1 July 2023 to 31 December 2023) had been exercised and executed again by . All MARB BOS pre-solicitation documents had by then been approved by the interim MARB Wing Commander/Source Selection Authority. In order to satisfy competition requirements and avoid another sole source J&A, the MARB BOS CO contacted all three (3) current AFRC BOS contractors to ascertain if they would be interested in a short notice limited competition for the next MARB bridge extension contract. Of the three (3) contractors contacted, one (1) contractor expressed interest, while the other two (2) pointed to a sustained GAO protest at Homestead ARB. These two (2) contractors claimed that it was not feasible, given the short timeframe for solicitations, proposals, evaluations, award, and a mobilization/ phase-in transition period. A prior attempt at a limited competition procurement in late 2023 by HQ AFRC/PK resulted in these same contractors expressing no interest due to the same issues. Since the BOS contractors were not interested in a limited competition, and with time limitations preventing a full competitive procurement and award by November 2023, neither option was pursued. The execution of another bridge contract was necessary to allow for additional time to complete the pre-solicitation reviews, solicitation, pre-award, award, and a 60-calendar day mobilization/phase-in transition period for the new follow-on BOS procurement.

The MARB BOS CO awarded another six (6) month bridge extension contract with a period of performance from 1 January 2024 to 30 June 2024, and a six (6) month option with a period of performance from 1 July 2024 to 31 December 2024, to the

The MARB BOS CO determined that a change in the BOS contractor for an anticipated short period of time was neither practicable nor in the contractors' or Government's best interest. Additionally, the follow-on BOS contract would have required a mobilization/phase-in period of performance start date of 1 November 2023 at the time to support the 60-calendar day mobilization/phase-in transition period with a new base year period of performance start date of 1 January 2024.