MICC_2016-70_Redact.pdf

MICC CONTROL NO: 2016-70 MICC-YPG 2016-10

“FOR OFFICIAL USE ONLY”

(Protective Marking to be removed after date of award)

JUSTIFICATION REVIEW DOCUMENT

FAR PART 6 JUSTIFICATION AND APPROVAL FOR

UNUSUAL AND COMPELLING URGENCY

Supply/Service: Perform all functions of Installation Support Services to include planning, programming and supervision of technical and professional personnel for Operations and Maintenance (O&M) repair of real property facilities.

Description of Program: Yuma Proving Ground Installation Support Services

Authority: 10 USC 2304(c)(2), FAR 6.302-2 “Unusual and Compelling Urgency”

Estimated Amount: $2.9M

Prepared by:

Name: Karen F. Davis Date: 3 May 2016 Title: Contract Specialist DSN: 899-6124 E-mail: karen.f.davis.civ@mail.mil

Procuring Contracting Officer:

Name: Michael K. McDaniel Date: 3 May 2016 Title: Contracting Officer DSN: 899-6356 E-mail: michael.k.mcdaniel3.civ@mail.mil

Technical/Requirements Representative:

Name: Angelica S. Bharat Date: 3 May 2016 Title: Director of Public Works (DPW), U.S. Army Garrison-YPG DSN: 899-2198 E-mail: angelica.s.bharat.civ@mail.mil

Management Representative:

Name: Gordon K. Rogers Date: 3 May 2016 Title: Garrison Manager, U.S. Army Garrison-YPG DSN: 899-2734 E-mail: gordon.k.rogers.civ@mail.mil

MICC CONTROL NO: 2016-70 MICC-YPG CONTROL NO: 2016-10

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

Small Business Specialist, Small Business Programs Name: Miguel A. Medrano Date: 5 May 2016

DSN: 978-2917

Signature:

Program Manager:

Typed Name: Angelica S. Bharat Date: 5 May 2016

DSN: 899-2198

Director, MICC - YPG:

Name: Michael K. McDaniel Date: 5 May 2016

DSN: 899-6356

Legal Counsel, 418th CSB Name: CPT Amy S. Cohn Date:

DSN: 450-2283

Signature: ___________

JUSTIFICATION REVIEW DOCUMENT

FAR PART 6 JUSTIFICATION AND APPROVAL FOR

UNUSUAL AND COMPELLING URGENCY

1. Contracting Agency: Mission and Installation Contracting Command–Yuma Proving Ground (MICC–YPG), U.S. Army Yuma Proving Ground (USAYPG), Arizona.

2. Description of Action: This Justification and Approval is requested for the extended Contract W9124R-11-C-0011 for installation support services (ISS) with Facility Services Management, Inc., (FSI) for a period of up to four months following the expiration of the current contract on 31 March 2016. Modification P00082 was executed on 31 March 2016 to ensure continuation of essential services upon receipt of a protest filed pre-award of an anticipated Direct 8(a) Alaska Native Corporation (ANC) award. This extension increased the total contract value by approximately $2.9M and will provide operational, maintenance, and repair support services for USAYPG’s real property facilities. This action prevented a break in service while the contracting activity awaits a determination on the protest filed by FSI on 31 March 2016.

3. Description of Supplies/Services: The contractor performs all ISS functions at USAYPG, which includes providing all planning, programming and supervision of technical and professional personnel for Operations and Maintenance (O&M) repair of real property facilities. The contractor performs facilities support in the form of services, industry trades, planning and estimating, service orders control, receipt and dispatching, Unaccompanied Personnel Housing (UPH) assignment and terminations processing, furnishing warehouse management, inspection, supply purchasing, warehousing and issue, financial accounting, and management.

Period of Performance: 1 April 2016 through 31 July 2016.

Total estimated value: $2.9M

4. Authority Cited: 10 USC 2304(c)(2), as implemented by FAR 6.302-2(a)(2).

5. Reason for Authority Cited: This sole source contract action is necessary to ensure continuation of essential services due to GAO protest B-412925, which was filed against the anticipated Direct 8(a) Alaska Native Corporation (ANC) award to Akima Support Operations, 13873 Park Center Road, Suite 400N Herndon, VA 20171. The protest is pre-award, therefore the Agency is prohibited from making award until the protest is no longer active. The current contract W9124R-11-C-0011 with Facility Services Management, Inc. (FSI) expired 31 March 2016.

a. Alternatives:

(1) Suspend services: USAYPG cannot suspend services. This contract provides O&M repair/alteration of real property facilities and renovation of real property services that are directly tied to the vital needs of the installation, including the health and safety of Soldiers and their Families, DoD Civilians, and contractors working/residing at USAYPG.

Additional USAYPG supporting tenant activities and mission test and evaluation events will suffer without these services.

(2) Use in-house resources: USAYPG does not have sufficient in-house resources to perform this requirement. The Government increasingly relies on private industry to bring technical expertise and perform critical functions. There are no current in-house Government employees who have the expertise or experience to perform the requirements of the ISS contract. Additionally, the amount of time required to recruit and hire 77 qualified Government personnel through the civilian personnel system, and then train them to support current and upcoming requirements, render this alternative unrealistic and unachievable.

(3) Competitively award a bridge contract: When MICC-YPG received this protest on 31 March 2016, MICC-YPG no longer had time to compete an interim contract before the previous ISS contract expired that same day. A new contractor would need a transition period greater than the time remaining on the previous contract in order to become familiar with the ISS contract requirements. A new contractor would need to recruit, relocate, transfer, staff, and acquire other resources. These delays, caused by the automatic CICA stay, would have resulted in an unacceptable break in service and could not have been anticipated.

b. Impact: Without the continuity of the ISS contract, failing infrastructure will cause health and safety issues. Additionally, a break in service will prevent USAYPG from moving test equipment, maintaining test equipment, and supporting a challenging test schedule of 100 events per day. These tests have a direct impact on the Army’s world- wide mission.

6. Justification: The incumbent contractor is the only responsible source that can satisfy the Army’s requirement to provide continued essential ISS at USAYPG during the period necessary while waiting the determination of the protest. The urgency created by the CICA stay and the impending break in service was of such an unusual and compelling nature, that no other source could satisfy the Army’s requirement. A break in service will cause critical mission failure and unacceptable delays in, among other areas, critical Test and Training Support, which will negatively impact testing and deployment of weapons and communications systems to the Warfighter in the field. This will also have a significant negative impact on the success of overseas contingency operations. Any break in service will also disrupt critical functions in support of the mission at USAYPG, including Engineering Resources Management; Operation of

Utilities Systems; Maintenance and Repair of Real Property; Emergency Services;

Installation and Repair of Equipment in Place; and other Engineering Support Services.

7. Efforts to Obtain Competition: USAG-YPG submitted a late requirements package on 23 November 2015. The late submission did not allow sufficient time to award a competitive follow-on contract by 31 March 2016. Thus, due to time constraints the Contracting Officer determined that it was in the Government’s best interest to negotiate a direct award for 12 months with an 8(a) ANC, Akima Support Operations. The company’s self-marketing and capabilities statement was assessed and determined a viable source for successful performance under this action. MICC-YPG submitted an offering letter to Small Business Administration Seattle District Office on 24 March 2016 and received an acceptance letter #1013/16/602430 on 29 March 2016. The acceptance letter was revised (acceptance letter#1013/16/602430 dated 30 March 2016 and received on 31 March 2016). MICC-YPG received notice of a protest on 31 March 2016.

8. Actions to Increase Competition: As indicated above, this was an interim action to allow for continued performance through the protest process. On 4 May 2016, the GAO dismissed the protest as academic because we are taking corrective action that includes analysis performed by the SBA to determine whether the requirement will be admitted into the 8(a) program.

9. Market Research: Not applicable at this time.

10. Interested Sources: Not applicable at this time.

11. Other Factors:

a. Procurement History:

Contract Number Contractor Contract

Type Contract Amount

Competitive Proposals

Rec'd

Period of Performance

DAAD01-96-C-

Pyramid, Inc.

CPAF $73.2M 8 1Oct96 – 30Sep05

W9124R-06-C-

Pyramid, Inc.

CPAF $105.8M 5 1Sep05 – 30 Sep11

W9124R-11-C-

FSI, Inc. FFP/CPFF $71.7M 8 1 Sep11 – 31Mar16

b. Unusual and Compelling Urgency: FAR 6.302-2(c)(1) “Unusual and

Compelling Urgency.” MICC-YPG received notice of a protest on 31 March 2016, the date the current contract expires. A break in service would cause serious harm to the Government. Installation Support Services is critical in supporting test events that must be completed as planned to ensure timely deployment of weapons and communication systems to the Warfighter. Also, these services maintain facilities in a safe condition for Military members and their dependents, Army Civilians, and Contractors that work and live at the Installation.

12. Technical/Requirements Certification: I certify that the supporting data under my cognizance included in this Justification are accurate and complete to the best of my knowledge and belief.

NAME: Angelica Bharat DATE: 5 May 2016

TITLE: Director, DPW, USAG-YPG SIGNATURE:

13. Management Review/Approval: The requirement herein described was a valid requirement of the activity named in this Justification. The technical and requirements information contained in this Justification represent the minimum needs of the Government. The only way to satisfy this requirement was to limit competition as described herein.

NAME: Gordon Rogers DATE: 5 May 2016

TITLE: Garrison Manager, USAG-YPG SIGNATURE:

14. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost to the Government for this contract action was fair and reasonable based on FAR 15.404-1(b)(2)(ii) “Comparison of proposed prices to historical prices paid,” and FAR 15.404-1(b)(2)v) “Comparison of proposed prices with independent Government cost estimates.” Certified cost or pricing data was obtained for the extension as required by FAR 15.403-4.

NAME: Michael K. McDaniel DATE: 5 May 2016

TITLE: Contracting Officer SIGNATURE:

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

NAME: Michael K. McDaniel DATE: 5 May 2016

TITLE: Contracting Officer SIGNATURE:

APPROVAL

Based on the foregoing justification, I hereby approve the contract extension to contract W9124R-11-C-0011 for Installation Support Services to Facility Services Management, Inc. at an estimated $2.9M for up to four months on an Unusual and Compelling Urgency basis pursuant to the authority of 10 USC 2304(c)(2) as implemented by FAR 6.302-2(a)(2), subject to the availability of funds and provided the services herein described have otherwise been authorized for acquisition.

SIGNATURE: Date:

DEAN M. CARSELLO

Special Advocate for Competition US Army Mission and Installation Contracting Command, Ft. Sam Houston, TX